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    Syllabus Persons and Family Relations

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    This document provides the course syllabus for Persons and Family Relations Law at the University of Asia and the Pacific School of Law and Governance. The course is a 4-unit class that will meet weekly on Tuesdays, Wednesdays, and Thursdays. It will cover laws related to persons, marriage, family, property relations, support, parental authority, and other topics from the Civil Code and Family Code of the Philippines. Students will learn through recitation and be evaluated based on class participation, midterms, and a final exam. The 14-week course outline lists the specific legal provisions and topics to be discussed each week.

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    Syllabus Persons and Family Relations

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    dominicci2026
    228 views8 pages
    This document provides the course syllabus for Persons and Family Relations Law at the University of Asia and the Pacific School of Law and Governance. The course is a 4-unit class that will meet weekly on Tuesdays, Wednesdays, and Thursdays. It will cover laws related to persons, marriage, family, property relations, support, parental authority, and other topics from the Civil Code and Family Code of the Philippines. Students will learn through recitation and be evaluated based on class participation, midterms, and a final exam. The 14-week course outline lists the specific legal provisions and topics to be discussed each week.

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    This document provides the course syllabus for Persons and Family Relations Law at the University of Asia and the Pacific School of Law and Governance. The course is a 4-unit class that will meet weekly on Tuesdays, Wednesdays, and Thursdays. It will cover laws related to persons, marriage, family, property relations, support, parental authority, and other topics from the Civil Code and Family Code of the Philippines. Students will learn through recitation and be evaluated based on class participation, midterms, and a final exam. The 14-week course outline lists the specific legal provisions and topics to be discussed each week.

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    © All Rights Reserved
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    228 views8 pages

    Syllabus Persons and Family Relations

    Uploaded by

    dominicci2026
    This document provides the course syllabus for Persons and Family Relations Law at the University of Asia and the Pacific School of Law and Governance. The course is a 4-unit class that will meet weekly on Tuesdays, Wednesdays, and Thursdays. It will cover laws related to persons, marriage, family, property relations, support, parental authority, and other topics from the Civil Code and Family Code of the Philippines. Students will learn through recitation and be evaluated based on class participation, midterms, and a final exam. The 14-week course outline lists the specific legal provisions and topics to be discussed each week.

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    UNIVERSITY OF ASIA AND THE PACIFIC

    SCHOOL OF LAW AND GOVERNANCE


    COURSE SYLLABUS
    PERSONS AND FAMILY RELATIONS LAW (4 units)
    First Semester 2014-2015
    JUDGE ROWENA NIEVES A. TAN
    Instructor
    Schedule: Tuesday, 7:30-8:30pm; Wednesday, 5:30-7:30pm; Thursday,
    7:30-8:30pm
    Room: Case Room 2, Ground Floor, Main Building, UA&P
    I.COURSE DESCRIPTION AND OBJECTIVES
    The course is a study of the 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. Special 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 (Rep.
    Act No. 7610), the Anti-violence Against Women and their Children law
    (Rep. Act No. 9262) and the Solo Parents Welfare Act (Rep. Act No.
    8972). There will also be a free and open discussion of Letter to
    Families by Pope Francis and St. John Paul II as well as the papal
    encyclicals Mulieris Dignitatem and Familiaris Consortio, among others,
    as they impact on contemporary issues affecting women, children and
    the family.
    Course Objectives
    Students are expected to gain knowledge and understanding of the
    laws, both general and special, governing family relations. Upon
    completion of the course, students will be able to critically analyze
    problems in family relations and correctly apply the laws to given
    problems and situations. It is also desired that they will advocate for
    the promotion of the dignity of women, the protection of children and
    the preservation of the family.
    Methodology
    The course employs recitation as the primary method of instruction, to
    develop the students power of analysis, reasoning and facility of

    expression. The students will answer questions, based on assigned


    legal provisions, court decisions and other readings, to stimulate
    critical thinking and enhance their communication, argumentation and
    advocacy skills.
    Course Requirements and Grading System
    Class Recitation/Quizzes/Class Discussions/Reports
    Midterms (written exam)
    Final Exams (written)
    II.

    30%
    30%
    40%

    COURSE OUTLINE

    Week I
    Week II

    Week III
    Week IV
    Week V
    Week VI

    Week
    VII

    Week
    VIII

    TOPIC
    I. CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE
    A. Effect and Application of Laws (Civil Code /CC, Arts. 1-18).
    B. Human Relations (CC, Arts. 19-29).
    Human Relations contd. (CC, Arts 30-36).
    II. PERSONS CIVIL PERSONALITY
    A. General provisions (CC, Arts. 37-39).
    B. Natural Persons (CC, Arts. 40-43).
    C. Juridical Persons (CC, Arts. 44-47)
    III. CITIZENSHIP AND DOMICILE (CC, Arts. 43-51)
    IV. THE FAMILY CODE OF THE PHILIPPINES MARRIAGE
    A. Requisites of Marriage (Family Code/FC, Arts. 1-25)
    Requisites of Marriage contd. (FC, Art. 26)
    B. Marriages Exempt from License Requirement (FC, Arts. 27-34)
    C. Void and Voidable Marriages (FC, Arts. 35-36)
    Void and Voidable Marriages contd (FC, Arts. 37-46)
    Void and Voidable Marriages contd (FC, Arts. 47-54)
    - Rule on Declaration of Absolute Nullity of Void Marriages and
    Annulment of Voidable Marriages (Supreme Court En Banc Resolution
    A.M. 02-11-10-SC, Secs. 1-23)
    - Rule on Provisional Orders (Supreme Court En Banc Resolution A.M.
    02-11-12-SC, Secs. 1-9,).
    D. Legal Separation (FC, Arts. 55-63)
    Legal Separation contd (FC, Arts. 64-67)
    Rule on Legal Separation, Supreme Court En Banc Resolution A.M.
    No. 02-11-11-SC, Secs. 1-25)
    V. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE (FC, Arts. 68-73)
    VI. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
    A. General Provision (FC, Arts. 74-81)
    B. Donations by Reason of Marriage (FC, Arts. 82-87)
    C. System of Absolute Community
    1. General Provisions (FC, Arts. 88-90)
    2. What Constitutes Community Property (FC, Arts. 91- 93).
    3. Charges upon and obligations of the Absolute Community (FC,
    Arts. 94-95).
    4. Ownership, Administration, Enjoyment and Disposition of the

    Week IX

    Week X

    Week XI

    Community Property (FC, Arts. 96-98).


    5. Dissolution of Absolute Community Regime (FC, Arts 99-104).
    D. Conjugal Partnership of Gains
    1. General Provisions (FC, Arts. 105-107)
    2. Exclusive Property of Each Spouse (FC, Arts.109- 115)
    3. Conjugal Partnership Property (FC, Arts. 116-120).
    4. Charges upon and Obligations of the Conjugal Partnership (FC,
    Arts.121-123).
    5. Administration of the Conjugal Partnership Property (FC, Arts. 124125).
    6. Dissolution of Conjugal Partnership Regime (FC, Arts. 126-128).
    7. Liquidation of the Conjugal Partnership Assets and Liabilties (FC,
    Arts. 129-133).
    E. Separation of Property of the spouse and administration of common
    property by one spouse during the marriage (FC, Arts. 134-142)
    F. Regime of Separation of property (FC, Arts. 144-146).
    G. Property Regime of Unions without Marriage (FC, Arts. 147-148).
    VII. THE FAMILY
    A. The Family as an Institution (FC, Arts. 149-151).
    B. The Family Home (FC, Arts. 152-162).
    VIII.
    PATERNITY AND FILIATION
    A. Legitimate Children (FC, Arts. 163-171).
    B. Proof of Filiation (FC, Arts. 172-174).
    C. Illegitimate Children (FC, Arts. 175-176).
    D. Legitimated Children (FC, Arts. 177-182)
    IX. SUPPORT (FC, Arts. 194-208).
    X. PARENTAL AUTHORITY
    A. General Provisions (FC, Arts. 209-215)
    B. Substitute and Special Parental Authority (FC, Arts. 216-219).
    C. Effects of Parental Authority upon the Persons of the Children (FC, Arts.
    220-222)

    (excluding Adoption and Guardianship chapters)


    Week
    XII

    D. Effect of Parental Authority upon the Property of the Children (FC, Arts.
    225-227).
    E. Suspension or Termination of Parental Authority (FC, Arts. 228-233)
    XI. EMANCIPATION AND AGE OF MAJORITY (FC, Arts. 234-237)
    XII. SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
    A. Scope and Application (FC, Art. 238)
    B. Separation in Fact Between Husband and Wife (FC, Arts. 239-248)
    C. Incidents involving Parental Authority (FC, Arts. 249-252)
    D. Other Matters Subject to Summary Proceedings (FC, Art. 253)
    XIII. FINAL PROVISIONS OF FAMILY CODE (FC, Arts. 254-257)
    A. Retroactive Effect and Vested Rights(FC, Art 256)
    XIV. FUNERALS (Civil Code, Arts. 305-310)
    XV. CARE AND EDUCATION OF CHILDREN (CC, Arts. 356-363)
    XVI. USE OF SURNAMES (CC, Arts. 364-380)
    XVII.
    ABSENCE
    A. Provisional Measures in case of Absence (CC, Arts. 381-383).

    B.
    C.
    D.
    E.

    Declaration of Absence (CC, Arts. 384-386)


    Administration of the Property of the Absentee (CC, Arts. 387-389)
    Presumption of Death (CC, Arts. 390-392)
    Effect of Absence upon the Contingent Rights of the Absentee (CC, Arts.
    393-406)
    XVIII. CIVIL REGISTRY (CC, Arts. 407-413).

    Week
    XIII

    Reports:
    XIX. DOMESTIC ADOPTION (R.A. 8552, Domestic Adoption Act of 1998;
    Procedural Rule on Adoption, A.M. No. 02-6-02-SC)
    XX. INTER-COUNTRY ADOPTION (R.A. 8043, Inter-Country Adoption Act of 1995;
    Procedural Rule on Adoption, A.M. No. 02-6-02-SC)
    XXI. R.A. 7610, SPECIAL PROTECTION OF CHILDREN ACT

    Week
    XIV

    Class Discussion

    XXII. LETTER TO FAMILIES of Pope Francis and St. John Paul II


    XXIII. FAMILIARIS CONSORTIO
    XXIV. MULIERIS DIGNITATEM

    III. COURSE MATERIALS


    Textbook: Sta. Maria, Melencio, Persons and Family Relations
    Nota Bene: Read the assigned cases in their original, including those
    cited in the textbook.
    Week/Ses
    sion
    Week III

    Topical
    Reference
    IV.A

    Week IV

    IV.A

    IV.C
    IV.C

    Additional Readings/Assignments
    Art. 4, 35(3)
    - Abbas v. Abbas (G.R. No. 183896, January 30, 2013)
    - Go-Bangayan v. Bangayan (G.R. No. 201061, Jul. 3, 2013)
    Art. 26
    - Corpuz v. Tirol Sto. Tomas And The Solicitor General (G.R. No. 186571,
    11 August 2010)
    - Vda. De Catalan v. Catalan-lee G. R. No. 183622, February 08, 2012
    Art. 35
    - Capili v. People (G.R. No. 189805, Jul. 3, 2013)
    - Montanez v. Cipriano (G.R. No. 181089, Oct. 22, 2012)
    Art. 36
    - Silvino A. Ligeralde v. May Ascension A. Patalinghug and the Republic of
    the Philippines (G.R. No. 168796, April 15, 2010)
    - Camacho- Reyes V. Reyes, (G.R. No. 185286, August 18, 2010)
    - Baccay v. Baccay (G.R. No. 173138, December 1, 2010)
    Marable v. Marable (G.R. No. 178741, January 17, 2011)
    - Aurelio v. Aurelio (G.R. No. 175367, June 06, 2011)
    Republic V. Galang (G.R. No. 168335, June 6, 2011)
    - Pimentel v. Pimentel (G.R. No. 172060, September 13, 2010)

    Week V

    Week VIII

    IV. C

    VI.C.2
    VI.C.4
    VI.D.3

    Week IX

    VI.D.3
    VI.D.4

    VI.D.5

    VI.D.7

    VI.G
    Week X

    VII.B

    VIII.B
    Week XI

    VIII.C

    - Republic v. Encelan (G.R. No. 170022, Jan. 9, 2013)


    Art. 39
    - Isidro Ablaza v. Republic (G.R. No. 158298, August 11,
    2010)
    Art. 40
    Yu v. Judge Reyes-Carpio and Yu (G.R. No. 189207, June 15,
    2011)
    - Antone v. Beronilla (G.R. No. 183824, December 8, 2010)
    - Teves v. People (G.R. No. 188775, August 24, 2011)
    Art. 42
    - Republic v. Granada, (G.R. No. 187512, June 13, 2012)
    - Republic v. Narceda (G.R. No. 182760, April 10, 2013)
    Art. 92
    - Munoz v. Ramirez G.R. No. 156125, August 25, 2010
    Art. 96
    - Fuentes vs. Roca G.R. No. 178902, April 21, 2010
    Art. 116
    - Dela Pena v. Avila G.R. No. 187490, February 08, 2012
    Art. 117
    - Beumer v. Amores (G.R. No. 195670, Dec. 3, 2012)
    Art. 121
    - Aguete v. Philippine National Bank (G.R. No. 170166, April
    6, 2011
    Art. 122
    - Pana v Heirs of Juanito, Sr. (G.R. No. 164201, Dec. 10,
    2012)
    Art. 124
    - Spouses Aggabao v. Parulan, Jr. And Parulan (G.R. No.
    165803, September 1, 2010)
    - Flores v. Lindo (G.R. No. 183984, April 13, 2011)
    Art. 129
    - Quiao v. Quiao (G.R. No 176556, July 04, 2012)
    Art. 130
    - Heirs of Protacio Go, Sr. Et. Al. v. Servacio and Go (G.R. No.
    157537, September 7, 2011)
    Art. 147
    - Dio v. Dio (G.R. No. 178044, January 19, 2011)
    Art. 152
    - Sps. Fortaleza v. Sps. Lapitan (G.R. No. 178288 Aug. 15,
    2012)
    Art. 153
    - Ramos V. Pangilinan et. al., (G.R. No. 185920, July 20,
    2010)
    Art. 155
    - De Mesa v. Acero (G.R. No. 185064, January 16, 2012)
    Art. 172
    - Perla v Baring (G.R. No. 172471, Nov. 12, 2012)
    Art. 175

    IX

    X.A

    Dolina v. Vallecera (GR No. 182367- December 15, 2010)


    Jesse U. Lucas V. Jesus S. Lucas (G.R. No. 190710, June 6,
    2011)
    Art. 194
    - Lim Lua v. Lua (G.R. No. 175279-80, Jun. 5, 2013)
    Art. 198
    - Calderon, Ma Carminia vs. Roxas, Jose Antonio and CA
    (G.R. No. 185595, Jan 9, 2013)
    Art. 203
    - Gotardo v. Buling (G.R. No. 165166, Aug. 15, 2012)
    Art. 213
    - Beckett v. Sarmiento (A.M. No. RTJ-12-2326, Jan. 30, 2013)

    Art. 155
    - De Mesa v. Acero (G.R. No. 185064, January 16, 2012)

    Week XI

    VIII.B

    Art. 172
    - Perla v Baring (G.R. No. 172471, Nov. 12, 2012)

    VIII.C

    Art. 175
    - Dolina v. Vallecera (GR No. 182367- December 15, 2010)
    Jesse U. Lucas V. Jesus S. Lucas (G.R. No. 190710, June 6,
    2011)
    Art. 194
    - Lim Lua v. Lua (G.R. No. 175279-80, Jun. 5, 2013)
    Art. 198
    - Calderon, Ma Carminia vs. Roxas, Jose Antonio and CA (G.R.
    No. 185595, Jan 9, 2013)
    Art. 203
    - Gotardo v. Buling (G.R. No. 165166, Aug. 15, 2012)
    Art. 213
    - Beckett v. Sarmiento (A.M. No. RTJ-12-2326, Jan. 30, 2013)

    IX

    X.A

    IV. COURSE POLICIES


    The following policies will be observed during class:

    Closed books and notes while reciting.


    No coaching. The one who is coaching and the one who is being
    coached will both get a 60% recitation grade.
    Turn off cellphones or put them in a silent mode.
    Stand when reciting or asking questions.
    A student who is called when absent gets a 60% grade, unless the
    absence is excused by the Dean.
    Three lates will be counted as one cut.

    For other policies, please see the Rules and Regulations of UA&P on
    attendance, dress code, discipline, J.D. scholastic responsibility and
    plagiarism.
    V.CONTACT INFORMATION
    Judge Rowena Nieves A. Tan
    RTC Branch 118 Pasay City
    Office landline: 8317352
    Email address: [email protected], [email protected]

    CASES TO BE READ IN THEIR ORIGINAL Week 1

    Art. 2, CC: Effectivity of Laws


    Tanada vs. Tuvera, 146 SCRA 446
    De Roy vs. CA, 157 SCRA 757
    Art. 4, CC; Waiver
    Consunji vs. CA, G.R. No. 137873, 20 April 2001
    Art. 12, CC; Customs
    In the Matter of the Petition for Authority to

    Continue
    Use of Firm Name Ozaeta, Romulo, etc., 92 SCRA
    1
    Art. 15,CC; Nationality Rule
    Tenchavez vs. Escano, 15 SCRA 35
    Van Dorn vs. Romillo, Jr., et al., 139 SCRA 139
    Art. 16, CC; Laws Governing Real Properties
    Bellis vs. Bellis, 20 SCRA 358
    Aznar vs. Garcia, 7 SCRA 95
    Arts. 19-21, CC; Abuse of Rights
    Albenson Enterprises Corp. vs. CA, 217 SCRA 16
    Development Bank of the Philippines vs. CA, 445
    SCRA 500
    Uypitching vs. Quiamco, 510 SCRA 172
    Art. 26, CC; Respect of Others Privacy, Personality, etc.
    Van Dorn vs. Romillo, 139 SCRA 139

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