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PFR (1st Outline)

I. Persons
a. (Elements of) Personality in the Eyes of the Law – Arts. 37-39
i. Distinguish between Juridical Capacity and Capacity to Act
ii. Minority In Contractual Relations – see Art. 1327, Civil Code
Mercado v. Espiritu, 37 Phil 215
Bambalan v. Maramba, 51, Phil 417

b. Who are persons/How personality is attained


i. Natural Persons – Arts. 40-42
Cases of Unborn Children/Fetuses or the “Conceived Child”:
Geluz v. C.A., 2 SCRA 801
Quimiguing v. Icao, 34 SCRA 132
De Jesus v. Syquia, 58 Phil 886

Extinguishment of Personality – Art. 42-43,


see also Sec. 3 (jj), Rule 132 of the Rules of the Cour

ii. Juridical Persons


Types of – Art. 44
Governing Laws – Art 45
Rights of – Art. 46
Effects of Dissolution – Art. 47

c. Citizenship of Natural Persons


i. Relevance to Persons and Family Relations – Art. 15, Civil Code
ii. Who are citizens of the Philippines – Art. IV, Sec. 1, Consti (supersedes Art. 48)
See Art. 49 for naturalization, reacquisition, and loss of citizenship
iii. Residence and Domicile, effects of – Art. 50-51
Romualdez-Marcos v. Comelec, 248 SCRA 300

PFR (2nd and 3rd Outline)


I. General Rules on Laws Governing Persons According to Philippine Civil Law Persons and Basic Human
Relations (Civil Code) – Arts. 19-21
a. General Rule, Damnum Absque Injuria
Amonoy v. Gutierrez, 351 SCRA 731
b. Read annotations on Principle of Abuse of Rights – Art. 19
Compare and contrast Art. 19-21
c. Breach of Promise to Marry
General Rule:
Tanjanco v. C.A., 219 SCRA 994
Constantino v. Mendez, 209 SCRA 18

Exceptions:
Pe v. Pe, 5 SCRA 200
Baksht v. C.A., 219 SCRA 115
Wassmer v. Velez, 12 SCRA 648
See also Arts. 22-26
II. Marriage and Family Relations
a. Article 1, Family Code
i. Differentiate Marriage from Ordinary Contracts
Art. II, Sec. 12, Consti
Art. XV, Sec. 2, Consti
ii. How to prove marriage; best evidence; acceptable evidence
iii. Presumption with respect to marriage
Cadiz v. Brent Hospital and Colleges, Inc., GR No. 187417, 24 Feb 2016
b. Article 2
i. Legal Capacity – Relate to Arts. 5, 37, 38 of the Family Code
Silverio v. Republic, GR No. 174689
Republic v. Cagandahan, GR No, 166676
ii. Consent; effects of non-consent; vitiated consent; non-manifestation of consent
iii. Effects of absence of essential requisites
iv. Effects of defect of essential requisites

c. Article 3
i. Art. 3(1) relate to Arts. 7 and 10 of the Family Code, and Sec. 444, (xviii), Local
Government Code
Navarro v. Domagtoy 259 SCRA 129

ii. Art. 3(2) relate to Arts. 9 and 20 and


Salgado v. Anson, GR No. 204494, 27 July 2016

Arts. 27-34, Family Code


Cariño v. Cariño, GR No. 102569, 2 Feb 2001
Republic v. CA and Castro, 236 SCRA 257
Ninal v. Bayadog, GR No. 133778, 14 March 2000
Borja-manzano v. Sanchez, 354 SCRA 1

iii. Art. 3(3) relate to Art. 6


Morigo v. People, 422 SCRA 376

d. Article 4

PFR (4th and 5th Outline)

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