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ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
COURSE SYLLABUS
Course Title: PERSONS AND FAMILY
RELATIONS
No. of Units: 4
Department/Track: CIVIL LAW
I.

Instructor: NINA PATRICIA D. SISON-ARROYO


Semester: 1st Semester, 2016-2017

COURSE DESCRIPTION AND OBJECTIVES

This four-unit course is a study of laws on Persons and Family Relations as contained in the Preliminary and
Human Relations chapters of the New Civil Code of the Philippines; the entire coverage of the Family Code of
the Philippines; and the chapters of the New Civil Code of the Philippines on Funerals, Care and Education of
Children, Use of Surnames, Absence, and Civil Registry. Specials laws relevant to the family are also included
such as Domestic Adoption Act, the law on Inter-Country adoption, Special Laws for the Protection of Children
(RA 7610), the Anti-Violence Against Women and their Children (RA 9262), and the Solo Parents Welfare Act
(RA 8972). Updates on recent and relevant laws are also discussed as well as latest cases decided by the Supreme
Court on the matter.
Objectives
Students are expected to gain knowledge and understanding of the laws, both general and special, governing
family relations. They are expected to develop the capacity for critical analysis of problems in family relations
and correctly apply the laws to given problems and situations. It is also anticipated that the students will develop
gender and child sensitivity and the use of more gender fair and inclusive language both orally and in writing.
Methodology
The course will employ recitation as the primary method of instruction to develop the students power of analysis,
reasoning, and facility of expression. There will also be reporting in class and an inter-class debate among the
different Persons and Family Relations sections on issues pertaining to family relations.
II. COURSE OUTLINE

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August 8

INTRODUCTION TO THE COURSE

August 10

CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE


1. Effect and Application of Laws (Arts. 1-18), Executive Order No. 200, EO 292 or the
Administrative Code of 1987, Section 31, Chapter VIII, Book I

August 15

2.

Human Relations (Arts. 19-36)

August 17

PERSONS CIVIL PERSONALITY


1. General provisions (Arts. 37-39; Art. 5, PD 603)
2. Natural Persons (Arts. 40-43)
3. Juridical Persons (Arts. 44-47)
CITIZENSHIP AND DOMICILE (Arts. 48-51, Art. IV Philippine Constitution)

August 22

THE FAMILY CODE OF THE PHILIPPINES MARRIAGE


1. Requisites of Marriage (Arts. 1-10)

August 24

2.

August 29
August 31

Requisites of Marriage (Arts. 11-25)


NO CLASSES - National Heroes Day

THE FAMILY CODE OF THE PHILIPPINES MARRIAGE


1. Requisites of Marriage contd (Art. 26)
2. Marriages exempt from license requirement (Arts. 27-34)

Sept. 5

3.

Void and Voidable Marriages (Arts. 35-36)

Sept. 7

4.

Void and Voidable Marriages contd (Arts. 37-44)

Sept. 12

5.

Void and Voidable Marriages contd (Arts. 45-49)

Sept. 14

6.
7.

Void and Voidable Marriages contd (Arts. 50-54)


Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (Secs. 1-23 Supreme Court En Banc Resolution A.M. 02-11-10-SC)
Rule on Provisional Orders (Secs. 1-9, Supreme Court En Banc Resolution A.M.
02-11-12-SC)

8.
Sept. 19

9.

Legal Separation (Arts. 55-60)

Sept. 21

10. Legal Separation contd (Arts. 61-67)


11. Rule on Legal Separation (Secs. 1-25, Supreme Court En Banc Resolution A.M. No.
02-11-11-SC)

Sept. 26

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE (Arts. 68-73, Republic Act No. 7192
- Women in Development and Nation-Building Act, Republic Act No. 9710 Magna Carta of
Women)
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
A. General Provision (Arts. 74-81)

Sept. 28
Oct. 3-12

B. Donations by Reason of Marriage (Arts. 82-87)


MID-TERM EXAMINATIONS

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Oct. 17

C. System of absolute community


1. General Provisions (Arts. 88-90)
2. What Constitutes Community property (Arts. 91- 93)
3. Charges upon and obligations of the Absolute Community (Arts. 94-95)
4. Ownership, Administration, Enjoyment and Disposition of the community
property (Arts. 96-98)
5. Dissolution of Absolute Community Regime (Arts 99-104)
6. RA 10572 Amending the Family Code

Oct. 19

D. Conjugal Partnership of Gains


1. General Provisions (Arts. 105-108)
2. Exclusive Property of Each Spouse (Art.109- 116)

Oct. 24

Oct. 26

Oct. 31

3.
4.
5.
6.
7.

Conjugal Partnership Properties (Arts. 117-120)


Charges upon and obligations of the conjugal partnership (Arts. 121-123)
Administration of the conjugal partnership property (Arts. 124-125)
Dissolution of Conjugal Partnership Regime (Arts. 126-128)
Liquidation of the Conjugal Partnership Assets and Liabilities (Arts. 129-133)

E. Separation of Property of the spouse and administration of common property by one


spouse during the marriage (Arts. 134-142)
F. Regime of Separation of property (Arts. 143-146)
G. Property Regime of Unions without Marriage (Arts. 147-148)
THE FAMILY
1. The family as an institution (Arts. 149-151)
2. The Family Home (Arts. 152-162)
PATERNITY AND FILIATION
1. Legitimate Children (Arts. 163-171)

Nov. 2

2.
3.
4.

Proof of Filiation (Arts. 172-174)


Illegitimate Children (Arts. 175-176)
Legitimated Children (Arts 177-182)

Nov. 7

SUPPORT (Arts. 194-208)

Nov. 9

PARENTAL AUTHORITY
1. General Provisions (Arts. 209-215)
2. Substitute and Special Parental Authority (Arts. 216-219)
3. Effects of Parental Authority upon the Persons of the Children (Arts. 220-222) (excluding
Adoption and Guardianship chapters)
4. Effect of Parental Authority upon the Property of the Children (Arts. 225-227)

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Nov. 14

5. Suspension or Termination of Parental Authority (Arts. 228-233)


EMANCIPATION AND AGE OF MAJORITY (Arts. 234-237, Civil Code)
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW (Civil Code)
1. Scope and application (Art. 238)
2. Separation in fact between husband and wife (Arts. 239-248)
3. Incidents involving Parental Authority (Arts. 249-252)
4. Other matters subject to summary proceedings (Art. 253)
FINAL PROVISIONS (Arts.243-257)
1. Retroactive Effect and Vested Rights (Art. 256)

Nov. 16

FUNERALS (Arts. 308-310, Civil Code)


CARE AND EDUCATION OF CHILDREN (Arts. (356-363, Civil Code)
USE OF SURNAMES (Arts. 364-380, Civil Code; Republic Act No. 9255, Use of Surname by
Illegitimate Children)
ABSENCE
1. Provisional Measures in case of Absence (Arts. 381-383, Civil Code)
2. Declaration of Absence (Arts. 384-386, Civil Code)
3. Administration of the property of the absentee (Arts. 387-389, Civil Code)
4. Presumption of Death (Arts. 390-392, Civil Code)
5. Effect of Absence upon the contingent rights of the absentee (Arts. 393-406, Civil Code)
CIVIL REGISTRY (Arts. 407-413, Civil Code)

Nov. 21

REPORTING
1. Inter-Country Adoption (8043)
2. Domestic Adoption (RA 8552)
3. Special Protection of Children Act (RA 7610)
4. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)
5. Solo Parents Act (RA 8972)
6. Foster Care Act (RA 10165)
7. Reproductive Health Act (RA 10354)

Nov. 23

Discussion/synthesis

Nov. 28

Discussion/synthesis

Nov. 30

NO CLASSES - National Heroes Day

Dec. 5-14

FINAL EXAMINATIONS

III. COURSE MATERIALS


Prescribed Textbook: Sta. Maria, Melencio, Persons and Family Relations
Case assignments are incorporated in the textbook. Additional cases will be assigned as may be necessary.
The list of cases that should be read in the original will be provided one week before class.

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IV. COURSE REQUIREMENTS AND GRADING SYSTEM

Course Requirements/
Assessment

Grade
Breakdown

Description

Class Recitation
including participation in other
class activities, such as:
- debate
- group reports
- quizzes

30%

Graded recitations are generally conducted every meeting.


Quizzes are announced.

Mid-Term Exam

30%

Written examination

Final exam

40%

Comprehensive written examination

If a student gets a final grade of at least 75%, he or she is deemed to have passed the course.
V. COURSE POLICIES
The following policies will be observed during class:
- No coaching.
- No using gadgets (including laptops, tablets, and mobile phones), or using the internet.
- Cellphones should be on silent mode.
- Observe dress code.
- Stand when reciting and asking questions.
- Observe order in class.
- A student who violates any of the above rules gets 60% in recitation for the day.
- Three lates will be counted as one cut or absence. A student is late when he or she arrives after the roll
call and within 15 minutes from the bell at the start of the first class. A student who arrives beyond the
15-minute cut off is considered absent.
For other policies, please see the Rules and Regulations on attendance, dress code, discipline, J.D. scholastic
responsibility, and plagiarism of the ALS Catalogue. In addition, all written paper requirements should first pass
through the plagiarism checker, available at the APS library, prior to submission.
VI.

CONTACT INFORMATION
Atty. Nina Patricia D. Sison-Arroyo
psarroyo@ateneo.edu
8997691 loc. 2411
Consultation hours (please e-mail to set an appointment)
Bernas Center Faculty Room
4F Ateneo Professional Schools Building
Rockwell Center, Makati City

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