ST.

PAUL SCHOOL OF BUSINESS AND LAW Palo, Leyte SCHOOL YEAR 2013-2014 COURSE OUTLINE and LIST OF COMPANION CASES

SUBJECT: PERSONS AND FAMILY RELATIONS COURSE DESCRIPTION: A basic course on the law of persons and family which first views the effect and application of laws and the law on Human Relations and then proceeds to examine the legal norms affecting civil personality, marriage, property relations between husband and wife, legal separation, the matrimonial regimes of absolute community, conjugal partnership of gains, and complete separation of property, family, paternity, and filiation, adoption, guardianship, support, parental authority, surnames, absence and emancipation including the rules of procedure relative to the foregoing. COURSE OUTLINE: A. Preliminary Title When does a law take effect Ignorance of the law vs. ignorance/mistake of the fact What rights may be waived How laws are repealed The rule on stare decisis How should laws be construed in case of doubt How customs are treated in Civil Law How time is computed/reckoned in Civil Law Scope and effect of Penal Laws Laws on family rights and Status Lex re sitae Lex loci celebrationis

Cases Effectivity of the laws A. Taada v. Tuvera. GR NO. 63915 12/29/1986 Ignorance of the law A. JOVENCITO R. ZUO, ET AL. VS. ARNULFO G. CABREDO A.M. NO. RTJ-03-1779 4/30/03 B. HERMINIA BORJA-MANZANO VS. JUDGE ROQUE R. SANCHEZ A.M NO. MTJ-001329 3/8/01 Stare Decisis A. LINGKOD MANGGAGAWA SA RUBBERWORLD, ET AL. VS. RUBBERWORLD INC., ET AL. G.R. No. 153882 1/29, /06 B. JOSE TAN CHONG vs. THE SECRETARY OF LABOR G.R. No. 47616 September 16, 1947 How time is computed GARVIDA vs. SALES, JR., G.R No. 124893, April 18, 1997, 271 SCRA 767 Laws on family rights and duties/Lex loci celebrationis A. GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO, vs. REDERICK A. RECIO G.R. No. 138322 10/2/01

Human Relations (Articles 19, 20, 21, 26, 27, 29-36) Art. 19-21 A. PE V. PE, G.R. NO. L-17396, 5/30/1962 B. WASSMER V. VELEZ, G.R. NO. L-20089, 12/26/1964 C. CABRERA V. AGUSTIN, AM 225, 9/30/1959 Art. 36 A. PAHANG vs. HON. AUGUSTINE A. VESTILG.R. No. 148595 7/12/2004

C.PERSONS and CITIZENSHIP 1. Juridical Capacity, Capacity to Act and Full Civil Capacity 2. Circumstances that modify limit or restrict Capacity to Act 3. Natural Persons 4. Juridical Persons 5. Citizens of the Philippines 1. MERCADO VS. MANZANO, 307 SCRA 630 2. CO VS. HRET, 199 SCRA 692 3. FRIVALDO VS. COMELEC AND LEE VS. COMELEC, 257 SCRA 727 4. BENGZON III VS. HRET G.R. NO. 142840 / 5-7-01 5. LIMKAICHONG vs. COMELEC, G.R. No. 179129 April 1, 2009 Supplemental law: RA 9225 D.THE FAMILY CODE OF THE PHILIPPINES 1. Marriage a. Definition and Comparison with other Types of Contracts b. Essential and Formal Requisites c. Marriages exempt from the License Requirements d. Void and Voidable Marriage e. Psychological incapacity as a ground for declaration of nullity of marriage e.1. Administrative Matter No. 02-11-10-SC f. Legal Separation f.1 RA 9262 2. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE 3.PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE a. Donations by Reason of Marriage b. System of Absolute Community c. Conjugal Partnership of Gains d. Separation of Property of the Spouses and Administration of Common Property by one Spouse During the Marriage e. Regime of Separation of Property f. Property Regime of Unions Without Marriage 4.THE FAMILY 5.PATERNITY AND FILIATION -R.A. 9255 included -R.A. 9858 6.DOMESTIC ADOPTION ACT OF 1998 7.INTERCOUNTRY ADOPTION 8.PARENTAL AUTHORITY 9.SUPPORT 10.USE OF SURNAMES