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Persons and Family Relations

This document provides an overview of the course on Persons and Family Relations under Philippine Civil Law. It covers topics such as the concept of civil law and influences on Philippine civil law, human relations, different types of persons, citizenship and domicile, marriage, void and voidable marriages, legal separation, property relations, paternity and filiation, adoption, support, and parental authority. The document lists relevant articles from the New Civil Code and amendments from recent Republic Acts.

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Ana Bassig
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29 views3 pages

Persons and Family Relations

This document provides an overview of the course on Persons and Family Relations under Philippine Civil Law. It covers topics such as the concept of civil law and influences on Philippine civil law, human relations, different types of persons, citizenship and domicile, marriage, void and voidable marriages, legal separation, property relations, paternity and filiation, adoption, support, and parental authority. The document lists relevant articles from the New Civil Code and amendments from recent Republic Acts.

Uploaded by

Ana Bassig
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PERSONS AND FAMILY RELATIONS

Course Overview and Introduction to the Civil Code and Preliminary Title

(1) The Concept of Civil Law, Influences of Philippine Civil Law

(2) The Effect and Application of Laws (Art. 1-18, NCC)

(3) Human Relations (Art.19-36, NCC)

- Rule 111, Revised Rules of Criminal Procedure

A. Independent vs. Separate Civil Action

B. Prejudicial Question

(4) Persons

(5) Civil Personality, Natural & Juridical Persons

(6) Citizenship & Domicile

(7) Concept of Marriage

(8) Marriage, Definition

(9) Requisites of Marriage : Formal and Essential Requisites

- Lack of Essential and Formal Requisites

- Defect in Essential Requisites

- Irregularity of Formal Requisites

(10) Valid Marriage License; Valid Marriage Ceremony

(11) Void Marriages. Judicial Declaration of Nullity of Marriage.

- Absence of any essential or formal requisites

- Psychological Incapacity

- Incestuous Marriages

- Marriages Void for reasons of Public Policy

(12) Bigamous Marriage.

- Instances when the “bigamous” marriage is valid.

- Judicial Declaration of Presumptive Death.

- Effect of reappearance of the Spouse declared as “presumptively dead.”

(13) Voidable Marriages. Concept. Grounds


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- Annulment of Marriage

- Only the injured / aggrieved party possess the personality to file an action.

- Prescriptive Periods

(14) Duty of the Prosecutor to Protect the interest of the State. No collusion

(15) Judgment / Decision

- Art. VIII Section 14 of the 1987 Philippine Constitution

- Delivery of Presumptive Legitime

- Recording of the Judgment / Decision (ANNOTATION). Compliance Requirement

- Judgment / Decision vs. DECREE

(16) RULES.

- Children conceived or born before the judgment of Absolute Nullity = ILLEGITIMATE

- Children conceived or born before the judgment of annulment (VOIDABLE) or absolute nullity
UNDER Articles 36 and 53 = LEGITIMATE

(17) Legal Separation

- Grounds

- Prescriptive Period

- Denial of Petition

- Duty of Investigating Prosecutor. No Collusion. Effect of Reconciliation

- Recording of the Judgment / Decision (ANNOTATION). Compliance Requirement

(18) Rights & Obligations between Husbands & Wives

(19) Property Relations

- Marriage Settlements, Donations

- Absolute Community of Property

- Conjugal Partnership of Gains

- Complete Separation of Property

- Property Relations of Unions without Marriage Under Articles 147 and 148

(20) Family and Family Home

(21) Paternity and Filiation

- Legitimate. Illegitimate. Legitimated Children

- Revilla Law. PSA Admin Order No. 1 Series of 2016


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(22) Adoption

- RA 8552

- RA 8043

- SC AM Matter No. 02-6-02-SC

- RA 9523

- OCA Circular 213-2017 and Resolution No. 02-2017

(23) Support

(24) Parental Authority

- Concept. Substitute Parental Authority vs. Special Parental Authority

- Article 2176 and 2180, New Civil Code

- Suspension and Termination of Parental Authority

(25) NEW CIVIL CODE PROVISIONS

- TITLES 10, 13, and 16

- Republic Act Nos. 10172 and PSA Admin Order No. 1 Series of 2012

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