ATENEO DE MANILA UNIVERSITY
Loyola Schools
Generic Course Syllabus for 2nd Semester, School Year 2012-2013
Department
Marketing and LAw
Course No.
Course Title
No. of Units
Law 131
Family Law
3
School
JGSOM
Course Description:
An examination of the statutory provisions on persons and family relations, as
contained in the preliminary and human relations chapter of the Civil Code of the
Philippines and the Family Code. Topics include property relations between
spouses, paternity and filiations, adoption, and support and emancipation.
Course Objective/s:
The course aims to give students a brief introduction to the laws on persons, marriage, family relations, property relations between spouses paternity and filiation, sdoption and other related topics. The students will study the Family Code, applicable provisions of the New Civil Code, related laws, as well as Supreme Court decisions applying and interpreting the relevant laws. It is expected that in analyzing and studying the said laws, the students will be able to
apply the same to real life situations and appreciate the possible legal consequences arising
from the same.
Course Outline:
Law131 Course Outline and Reading Materials
Class
I.
Date
Laws/Cases
Introduction to Persons & Family Law
- Effects and Application of Law >>>>>
Publication
Non-retroactivity and Exceptions
Counting of Time
'- Civil Personality
Juridical Capacity vs. Capacity to Act
Circumstances limiting Capacity to Act
Commencement of Personality
Surnames
E.O. 200
New Civil Code A
NCC Art. 13, E.O.
NCC Art. 37
NCC Art. 38, 39
NCC Art. 40, 41
NCC Art 370, 376
R.A. 9255 "Ram
Age of Majority
Degree of Relations
'- Citizenship
Who are citizens of the Philippines
Domicile
Nationality Rule of Family Laws, Succession
Law at the time of Marriage Applicable
Dual Citizenship
II.
R.A. 6809
'87 Consti Art IV S
NCC Art. 50
NCC Art. 15, 16
R.A. 9225
Implementing R
Marriage
'- Definition
Family Code Art 1
Social Contract and Civil Status
Special Rules on Evidence
Constitutional Provisions
Wassmer v. Vel
PTT v NLRC
Zulueta v. CA
Art II Sec 12, Art 1
'- Essential Requisites
1. Legal Capacity
- Male and Female
- Age Requirements
- Not prohibited by law
FC Art 2
FC Art 5, 35(1), 4
FC Art 5, 37, 38
2. Consent Freely Given
'- Formal Requisites
1. Authorized Solemnizing Officers
FC Art 7, 10, 31, 3
LGC Chp 3 Art 1 S
Navarro v. Dom
2. Valid Marriage License
- Exemption to Marriage License Reqt
3. Marriage Ceremony
'- Foreign Marriages and Foreign Divorces
FC Art 9, 11 to 21
FC Art 27, 28, 31,
FC Art 3, 6
FC Art 26
Republic v Orbeci
'- Effects of Absence, Defect, Irregularities in the Requisites
Absence - Void Marriage
FC Art 4
- Execption to Absence Rule
FC Art 35(2)
Defect in Essential Reqs - Voidable
Irregularities in Formal Reqs - No effect
III.
Paternity and Filiation
'''''-
Legitimate Children
Illegitimate Children
Proof of Filiation Required
Impugning Legitimacy
Legitimated Children
'- Adopted Children
Domestic Adoption Act, Requirements/Steps
Inter-country Adoption Act
'- Support
FC Art 164, 54
FC Art 165, 175, 1
FC Art 172, 173, 1
FC Art 166, 170, 1
FC Art 177
R.A. 8552
R.A. 8043
FC Art 194, 195, 1
'- Parental Authority
Substitute and Special Parental Authority
Effects on the Children and Property
Suspension or Termination
'- Earnest Effort Requirement in suits
'- Family Home
FC Art 209-233
FC Art 151
FC Art. 152-161
Delizo v. Delizo
IV.
Termination of Marriage
'- Death
Presumption on Time of Death
Subsequent Marriage based on Declaration of Presumtive Death
NCC Art 42, 43
FC Art 41
RP vs Nolasco
'- VOID Ab Initio
Never prescribe or ratified
May not be attacked collaterally
Good faith immaterial, except…
Effects of Declaration of Null/Void Marriage
1. One party below 18 yrs old
2. No authority of Solemnizing Officers
3. No Marriage Licences
4. Bigamous and Polygamous Marriages
5. Mistake as to Identity of Party
6. Incestous Marriages
7. Against Public Policy
8. Subsequent Marriage
Subsequent Marriage without securing Judicial Declaration of Nullity
of Previous
Ninal vs. Bayad
Cosca v Palaypay
RP v Castro
FC Art 35 (1)
FC Art 35 (2)
FC Art 35 (3)
FC Art 35 (4)
FC Art 35 (5)
FC Art 37
FC Art 38
FC Art 40, 53
Atienza v. Brillan
Domingo v. CA
Bobis v. Bobis
Subsequent Marriage without complying with law on presumptive
legitimes, distribution of property
Both Spouses in Bad Faith in Subsequent Marriage based on
Declaration of Presumptive Death
Effects of Declaration of Null/Void Marriage
'- Psychological Incapacity
Requisites
Difference with Canonical Annulment
Essential Marital Obligations
Effects of Declaration of Nullity
FC Art 52
FC Art 44
FC Art 50
FC Art 36
Santos v. Bedia
Republic v. Moli
Chi Ming Tsoi v.
FC Art 68, 70, 220
'- Voidable
By Whom and Prescriptive Period
1. One party 18- 21 yrs old
FC Art 45 (1), 47
2. Unsound Mind
3. Consent obtained by Fraud
FC Art 45 (2), 47
FC Art 45 (3), 47
- Non Disclosure of Conviction…
- Concealment of Pregnancy…
- Concealment of STD…
- Concealment of Drug addition, Habitual Alchoholism,
Homesexuality
4. Force, Intimidation, or Undue Influence
5. Non-consumation of Marriage
Anaya v Palaroa
Aquino v. Delizo
FC Art 45 (4), 47
FC Art 45 (5), 47
Jimenez v Caniz
Doctrine of Triennial Cohabitation
6. Incurable STD
FC Art 45 (6), 47
Effects of Annulment
Legal Separation
Rules of Court
'''''-
FC Art 63, 64
FC Art 55
Effects of Legal Separation
Grounds
Distinguished from Annulment
Distinguished from Separation de Facto
Procedures/Denials
FC Art 56, 66
Property Relations
'- General Provisions
'- Pre-nuptial/ Marriage Settlement
FC Art 74
FC Art 77, 81
'- Donations by reason of Marriage
'- Absolute Community of Properties Regime (ACP)
Excluded Properties
Charges upon and obligations upon ACP
FC Art 82, 84, 86,
Matabuena v Cerv
FC Art 91
FC Art 92, 93
FC Art 94
Ownership, Administration and Disposition
Dissolution and Liquidation
'- Conjugal Partnership of Gains Regime
'- Complete Separation of Property Regime
Causes for Judicial Separation of Property
'- Property Regime of union w/out Marriage
FC Art 96
FC Art 99, 102
FC Art 105, 106, 1
FC Art 143 to 146
FC Art 135
FC Art. 147/148
Valdez v. RTC
Succession in a Nutshell
'- Intestate Succession
Compulsory Heirs
Capacity to Succeed
Acceptance or Repudiation
Representation
Accretion
Heirs unworthy to succeed
'- Wills and Testamentary Succession
Legitime
Notarial vs. Holographic Wills
Summary of Rule
NCC Art 887
http://www.lawphi
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NCC Art 970, 971
NCC Art 919, 920
NCC Art 891
Summary of Rule
http://www.lawphi
Preterition, Collation
Disinherittance
Reserva Troncal
Substitution
Probate
- Estate Tax
References (optional):
Persons and Family Relations Law by Sta. Maria
The Family Code by Sempio Diy
Lecture Notes on Civil Law of Prof Ruben Balane by Atty. Dot
Uy
Succession in a Nutshell by Sempio Diy
Tax Digests by Co-Untian
Arellano University Lawphil Project
Rules on Adoption
Rules on Declaration of Nullity and Annulment AM-0011-01SC
Rules on Legal Separation AM-02-11-11
Rules on Provisional Orders AM-02-11-12
Other cases/articles will be supplied as needed
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http://www.lawphi
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NIRC Title III Chp