THE LAW ON PERSONS & FAMILY RELATIONS

Course Syllabus/Case List

AY 2018 – 2019
BY ATTY. SIGRID G. MIER

FAMILY CODE
Executive Order No. 209 (August 3, 1988)

TITLE I – MARRIAGE

A. Concept of Marriage
• Family Code Art. 1
• Article II, Sec. 12 of the 1987 Constitution
• Article XV, Sec. 2 of the 1987 Constitution

B. Marriage as a Special Contract

537 SCRA 373

Silverio vs. Republic
October 19, 2007

C. Marriage distinguished from Ordinary Contracts

D. Marriage a Social Institution

Essential Requisites of Marriage

G.R. No. 174689

Silverio vs. Republic 537 SCRA 373
October 19, 2007

Formal Requisites of Marriage

(1) Authority of the Solemnizing Officer
A.M. No. MTJ-96-1088
Navarro vs. Domagtoy
July 19, 1996
See: Administrative Order No. 125-2007 – “Guidelines on the Solemnization of
Marriage by the Members of the Judiciary“ dated 9 August 2007

(2) Valid Marriage License

531 SCRA 466

Alcantara vs. Alcantara G.R. No. 167746
August 28, 2007

Compare and Contrast

PERSONS AND FAMILY RELATIONS 1

 236 SCRA 257
Republic vs. Court of Appeals & Castro G.R. No. 103047
September 2, 1994
497 SCRA 428
Sevilla vs Cardenas G.R. No. 167648
July 31, 2006

See: Republic Act No. 10354, Section 15

(3) Marriage Ceremony

422 SCRA376
Morigo vs. People G.R. No. 145226
February 6, 2004

Effect of Defect in the Essential Requisites of Marriage

G.R. No. 198780

Republic vs. Albios
October 16, 2013

Effect of Defect in the Formal Requisites of Marriage

237 SCRA 249

Cosca vs. Palaypayon A.M. No. MTJ-92-721
September 30, 1994
728 SCRA 675
Ronulo vs. People G.R. No. 182438
July 2, 2014

Effect of Absence of Certificate of Legal Capacity

G.R. No. 138322

Garcia – Recio vs. Recio
October 2, 2001

Proof of Marriage (In relation to Article 22 of the Family Code of the Philippines)

G.R. No. 173540

Avenido vs. Avenido
January 22, 2014

Presumption of Marriage

205 SCRA 337

Mariategui vs. Court of Appeals G.R. No. L-57062
January 24, 1992

Article 26 of the Family Code of the Philippines

Republic vs. Orbecido III G.R. No. 154380

PERSONS AND FAMILY RELATIONS 2
 October 5, 2001
GR No. 186571
Corpus vs. Sto. Tomas
August 11, 2010
GR No. 196049
Fujiki vs. Marinay
June 26, 2013
G.R. No. 221029
Republic vs. Marelyn Manalo
April 24, 2018

Retroactive application of the Rule under Art. 26(2)

G.R. No. 133743

San Luis vs. San Luis
February 6, 2007

Article 27 of the Family Code of the Philippines

See

• Code of Muslim Personal Laws of the Philippines (PD 1083)

• Organic Act for the Cordillera Autonomous Region (RA 6766)
Article 34 of the Family Code of the Philippines

Rationale

G.R. No. 133778

Niñal vs. Bayadog
March 14, 2000

Requisites for Application

354 SCRA 1
Borja-Manzano vs. Sanchez A.M. No. MTJ-00-1329
March 1, 2008

Falsity of Affidavit of Cohabitation

G.R. No. 175581

Republic vs. Dayot
March 28, 2008
G.R. No. 200233
Santiago vs. People
July 15, 2015

Void Marriages under the Family Code

See: A.M. No. 02-11-10-SC dated March 15, 2003

Who can file an action for declaration of nullity of marriage

G.R. No. 179922

Carlos vs. Sandoval
December 16, 2008
G.R. No. 167109
Amor-Catalan vs. Court of Appeals
February 6, 2007

PERSONS AND FAMILY RELATIONS 3

 Article 36 of the Family Code

G.R. No. 112019

Leouel Santos vs. Court of Appeals
January 4, 1995
G.R. No. 119190
Chi Ming Tsoi vs. Court of Appeals
January 16, 1997
G.R. No. 108763
Republic vs. Court of Appeals & Molina
February 13, 1997
G.R. No. 136490
Marcos vs. Marcos
October 19, 2000
G.R. No. 149498
Republic vs. Hamano
May 20, 2004
G.R. No. 155800
Antonio vs. Reyes
March 10, 2006
G.R. No. 164493
Suazo vs. Suazo
March 10, 2010
G.R. No. 185286
Camacho – Reyes vs. Reyes
August 18, 2010
Kalaw vs. Fernandez G.R. No. 166357
(Motion for Reconsideration) January 14, 2015
G.R. No. 188400
Dela Fuente vs. Dela Fuente, Jr.
March 8, 2017

Article 39

See: Republic Act No. 8533

A.M. No. 02-11-10-SC dated March 15, 2003

Declaration of Nullity of Marriage vis-à-vis Rule 108 of the Rules of Court

G.R. No. 189538

Republic vs. Olaybar February 10, 2014
715 SCRA 605

Article 40

Adm. Case No. 2349

Terre vs. Terre
3 July 1992
A.M. No. MTJ-92-706
Atienza vs. Brillantes, Jr.
March 29, 1995
G.R. No. 127406
Ofelia Ty vs. Court of Appeals
November 27, 2000
G.R. No. 132529
Cariño vs. Cariño
February 2, 2001

PERSONS AND FAMILY RELATIONS 4