GUIDE NOTES FOR PERSONS AND FAMILY RELATIONS LAW

Week IV - The Family Code

08 July 2014 (Tuesday): Requisites of Marriage

Memorize verbatim the following articles: Articles 1, 2, 3, 4, 5, 6, 7, 26Read and familiarize yourself with the following articles: Articles 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Know the difference between parental consent and parental guidance in Articles 14 and 15

Guide questions for class recitation:

1. Nature and importance of marriage as enunciated in the cases cited in Sta. Marias book 2. Know the difference between an ordinary contract and marriage as a special contract3. The right to marry: is it absolute? What are some valid restrictions to the right to marry? (as discussed in the cases in the book)4. Marriage in international law5. Constitutional protection to marriage6. Right to privacy of spouses: scope, limitations7. Difference between the essential and formal requisites of marriage; effect/s of absence, defect and irregularity8. Why must the contracting parties be of different sex; effect of sex change; status of same-sex marriage and issue of intersex9. What is legal capacity? What are the requirements of consent?10. Discuss the authority of the solemnizing officer, a marriage license and a valid marriage ceremony? 11. Significance of the witnesses in a marriage ceremony. (see Perido vs. Perido, 63 SCRA 97, Balogbog vs. Court of Appeals, G.R. No. 83598, March 7, 1997, 80 SCAD 229)12. Status of common-law marriages in the Philippines13. Absence, defect, irregularities in essential and formal requirements14. Breach of promise to marry15. Who can marry; effect of good faith of parties16. Difference between parental consent and parental advice17. Presumption of Marriage; proof of marriage18. Know the exceptions to Article 26: Articles 35 (1), (4), (5) and (6), 36, 37 and 3819. Status of common-law marriages obtained abroad by Filipinos; same- sex marriages by Filipinos obtained abroad20. Proof of foreign marriage and foreign divorce (Bayot vs. Court of Appeals, 570 SCRA 472)

Note: whatever is not taken up on Tuesday will be continued in the Wednesday class

09 July 2014 (Wednesday): Marriages Exempt from License Requirement Memorize the following: Articles 27-34

Void and Voidable Marriages

Memorize verbatim: Article 35

(as discussed in Sta. Marias textbook; read the additional cases in the syllabus)

10 July 2014 (Thursday): Void and Voidable Marriages (contd)

Memorize verbatim: Articles 36

(as discussed in Sta. Marias textbook; read the additional cases in the syllabus)