Documente Academic
Documente Profesional
Documente Cultură
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
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
d. Article 4