Syllabus Persons and Family Relations 2015
Syllabus Persons and Family Relations 2015
Syllabus Persons and Family Relations 2015
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(ii) Difference between Art 20 and 21
(iii) Breach of promise to marry.
(iv) Damnum absque injuria; Volenti non fit injuria
(iii) Accion in rem verso; Requisites.
Hermosisima vs. Court of Appeals, L-14628, September 30, 1960
Wassmer vs. Velez, L-20089, December 26, 1964
Gashem Shookat Baksh vs. CA, 219 SCRA 115
Sergio Amonoy vs. Sps. Gutierrez, G.R. No. 140420, February 15, 2001
Nikko Hotel Manila Garden, et al. vs. Roberto Reyes, aka Amay Bisaya, G.R. No. 154259,
February 28, 2005
Pe vs. Pe, G.R. No. L-17396, May 30, 1962
Buag, Jr. v. Court of Appeals, G.R. No. 101749, July 10, 1992
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Nial vs. Bayadog, G.R. No. 133778, March 14, 2000
Borja-Manzano vs. Judge Sanchez, A.M. No. MTJ-000-1329, March 8, 2001
Republic vs. Jose Dayot, GR Nos. 175581 and 179474, March 28, 2008 (3rd Div.)
De Castro vs. Assidao-De Castro, G.R. No. 160172, February 13, 2008
Abbas vs. Abbas, G.R. No. 183896, January 30, 2013
i. Art. 26, Arts. 15 &17 NCC Marriage celebrated abroad and foreign divorce
Cases:
Tenchavez vs. Escao, G.R. No. L-19671, November 29, 1965
Alice Reyes Van-Dorn vs. Hon. Romillo, Jr., G.R. No. L-68470,October 8, 1985
Pilapil vs. Hon. Ibay-Somera, G.R. No. 80116, June 30, 1989
Republic vs. Orbecido III,G.R. No. 154380, October 5, 2005
Roehr vs. Rodriguez, 404 SCRA 495 (2003)
Garcia vs. Recio, G.R. No. 138322, October 2, 2001
Corpuz vs. Sto. Tomas, 628 SCRA 266, G.R. No. 186571, August 11, 2010
j. Void Marriages
(i) See A. M. No. 02-11-10-SC, March 4, 2003
(ii) Art. 35, Art 53 in relation to Art. 52
(iii) Art. 36 Psychological incapacity; relate to Arts. 68, 220, 221 and 225.
Republic vs. CA (Molina), G.R. No. 108763, February 13, 1997
Brenda Marcos vs. Wilson Marcos, G.R. No. 136490, October 19, 2000
Chi Ming Tsoi vs. Court of Appeals, 266 SCRA 325, January 16, 1997
Nilda Navales vs. Reynaldo Navales, G.R. No. 167523, 27 June 2008
Te vs. Te, G.R. No. 161793, February 13, 2009
Ting vs. Velez-Ting, G.R. No. 166562, March 31, 2009, 582 SCRA 694 (supra)
Suazo vs. Suazo, G.R. No. 164493, March 10, 2010
(iv) Art. 37 incestuous marriage
(v) Art. 38 against public policy
(vi) Art. 39 action is imprescriptible; R.A. 8533
(vii) Art. 40- Declaration of nullity of first marriage is required before subsequent marriage; See Art.
349 RPC on bigamy
Cases:
People vs. Mendoza, 95 Phil 845, September 28, 1954
People vs. Aragon, 100 Phil 1033, February 28, 1957
Weigel vs. Sempio Diy, 143 SCRA 499, August 19, 1986
Yap vs. Court of Appeals, 145 SCRA 229, October 28, 1986
Domingo vs. Court of Appeals, 226 SCRA 572, September 17, 1993
Atienza vs. Brillantes, Jr., 243 SCRA 32, A.M. No. MTJ-92-706 March 29, 1995 **
Marbella-Bobis v. Bobis, G.R. 138509, July 31, 2000
Mercado vs. Mercado, G.R. No. 137110, August 1, 2000; dissent of J.Vitug
Ty vs. Court of Appeals, GR 127406, November 27, 2000
Nicdao-Cario vs. Cario, G.R. No. 132529, February 2, 2001 **
Lucio Morigo vs. People, G.R. No. 145226, February 6, 2004 **
Tenebro vs. Court of Appeals, G.R. No. 150758, February 18, 2004; dissent J. Carpio
Jarillo vs. People, G.R. 164435, September 29, 2009
Montaez vs. Cipriano, G.R. No. 181089, October 22, 2012 **
(viii) Art. 41 Exception to void bigamous marriage under Art 35
Republic of the Philippines, vs. Gregorio Nolasco, G.R. No. 94053 March 17, 1993
Republic vs. Court of Appeals, G.R. No. 159614, December 9, 2005
Valdez vs. Republic, G.R. No. 180863, September 8, 2009
Republic vs. Cantor, G.R. No. 184621, December 10, 2013 **
(viii) Art. 42 Extrajudicial termination of valid marriage under Art. 41
(ix) Arts. 43 & 44 Effects of termination of marriage
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(i) Art 45 - Grounds;
(ii) Art. 46 Fraud;
(iii) Who may file the action;
(ii) Ratification;
(iii) Prescription.
Republic vs. Albios, G.R. No. 198780, October 16, 2013
l. Arts. 48 & 48 Presence of prosecutor; court shall provide for support and custody during pendency in
the absence of written agreement
m. Art. 50 Art. 43 (2) to (5) also apply to void marriage in Art 40 and voidable marriages in Art. 45.
(i) Relate Art. 43 (2) to Arts. 147 and 148
(ii) Relate Art. 43 (3) to Art. 86 (1), (2) and (3);
(iii) Relate Art. 43 (5) to Art. 63(4) on legal separation
(iv) Contents of judgment;
n. Art. 51 presumptive legitime
o. Art. 52 & 53 requirement of registration; failure to register will render marriage void
p. Art 54 Arts. 36 and 53 are exceptions to rule that children of void marriages are illegitimate.
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(iii) Art. 108 suppletory application of rules on the contract of partnership
(iv) Arts. 109 to 115 Exclusive Property of each Spouse
(v) Arts. 121 to 123 Charges upon and obligations of CPG
(vi) Arts. 124 to 125 Administration of CPG
(vii) Arts. 126 to 128 Dissolution of CPG
(viii) Arts. 129 to 133 Liquidation of CPG
v. Arts. 134 to 142 - Separation of Property of the Spouses and Administration of Common
Property by One Spouse During the Marriage
(i) Art. 134 G.R. separation of property during marriage shall not take place in absence of judicial
order
(ii) Art. 135 Causes for involuntary judicial separation of property
(iii) Art. 136 voluntary judicial separation of property
(iv) Arts. 137 to 140 effects of decree of separation of property
(v) Arts. 141 motion for revival of former property regime
(vi) Art. 142 administration of common property by one spouse during the marriage
aa. Adoption
(i) RA 8552 Domestic Adoption Law
(ii) A.M. No. 02-6-02-SC
(ii) RA 8043 Law on Inter-Country adoption
Sayson vs. Court of Appeals, 205 SCRA 321 collateral attack of decree
Tamargo vs. Court of Appeals, 209 SCRA 518 effectivity of decree; vicarious liability of
natural parents
Santos Jr. vs. Republic, 21 SCRA 379 right of representation
In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, Honorato B. Catindig,
petitioner, G.R. No. 148311, March 31, 2005 use of surname/ middlename; liberal construction
in favour of adoption
In re: Petition for adoption of Michelle Lim and Michael Jude Lim, Monina Lim, petitioner, G.R.
Nos. 168992-93, May 21, 2009.
bb. Arts. 194 to 205 Support
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(i) What comprises support
(ii) Order of preference; Order of liability
(iv) Exempt from attachment/execution
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