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 ml
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
ml http://www.lawphi ml
NIRC Title III Chp
