SCOPE OF THE SUBJECT PERSONS Courts shall follow the precedent set by

AND FAMILY RELATIONS previous rulings on the same or similar

Deals with the issues of family matters such issues.
as marriage, annulment and voiding of
marriages, adoption, property settlements WHEN DOES A LAW TAKE EFFECT
between spouses, parental authority, support Laws shall take effect after fifteen days
for spouses and children, emancipation, following the completion of their
legitimes (inheritance) of children from publication in the Official Gazette, unless it
their parents and between relatives. is otherwise provided. This Code shall take
effect one year after such publication.
SOURCES OF PERSONS AND
FAMILY RELATIONS LENGTH OF ONE NIGHT, ONE DAY,
1. Civil Code of Spain ONE MONTH AND ONE YEAR
2. 1935 Philippine Constitution When the laws speak of years, months, days
3. Rules of Court or nights, it shall be understood that years
4. Decisions of foreign Tribunals are of three hundred sixty-five days each;
5. General principles of law and equity months, of thirty days; days, of twenty-four
hours; and nights from sunset to sunrise.
IGNORANTIA LEGIS NON EXCUSAT
Ignorance of the law excuses no one from LEX REI SITAE
compliance ‘The law where the property is situated.’
The law governing the transfer of title to
LAWS ARE PROSPECTIVE property is dependent upon, and varies with,
Thus, a law is prospective at all times. Laws where the property is situated.
always take effect after they have been
enacted and published. A law may only be LEX LOCI CELEBRATIONIS
retroactive if such retroactive effect is "Law of the place of the ceremony." It refers
expressly provided for in the law. to the law of the place where a contract,
especially a marriage contract, is made. This
WHEN CAN A RIGHT BE WAIVED law usually governs when the validity of a
Rights may be waived, unless the waiver is marriage is at issue.
contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a RULE OF EXTERRITORIALITY
third person with a right recognized by law. An individual with extraterritoriality who
commits a crime in a particular country
DOCTRINE OF STARE DECISIS cannot be tried by the authorities of that
“to stand by things decided”
country, although often she or he will still 3. Jurisdiction to try the question must be
be subject to trial in his or her own country. lodged in another tribunal.

SOLUTIO INDEBITI NATURAL PERSON V. JURIDICAL

Something is received when there is no right PERSON
to demand it, and it was unduly delivered (1) A natural person or human being has
through mistake, the obligation to return it physical existence, whereas a juridical
arises. person exists only in contemplation of law;
(2) A natural person is the product of
ARTICLE 26 OF THE CIVIL CODE procreation, whereas a juridical person is
Every person shall respect the dignity, the product of legal fiction.
personality, privacy and peace of mind of
his neighbors and other persons. NATURAL BORN CITIZEN V
(1) Prying into the privacy of another’s NATURALIZED CITIZEN
residence; Natural-born citizens are those who are
(2) Meddling with or disturbing the private citizens of the Philippines from birth
life or family relations of another; without having to perform any act to acquire
(3) Intriguing to cause another to be or perfect their Philippine citizenship.
alienated from his friends;
(4) Vexing or humiliating another on Naturalized citizens in the Philippines
account of his religious beliefs, lowly include:
station in life, place of birth, physical defect, 1) Those who are citizens of the
or other personal condition. Philippines at the adoption of the 1987
Constitution.
PREJUDICIAL QUESTION 2) Those whose fathers or mothers are
A prejudicial question is an issue in a civil citizens of the Philippines.
case that determines the guilt or innocence 3) Those born before January 17, 1973, of
of a defendant in a criminal case. Filipino mothers, who elect Philippine
citizenship upon reaching the age of
REQUISITES FOR A PREJUDICIAL majority.
QUESTION: 4) Those who are naturalized in
1. The civil case involves facts intimately accordance with the law
related to those upon which the
criminal prosecution would be based. JUS SOLI ‘BY SOIL’ V. JUS
2. The resolution of the issue in the civil SANGUINIS ‘BY BLOOD’
action determines the guilt or Under jus soli, a person acquires the
innocence of the accused. citizenship of the state of his birth,
regardless of the citizenship of the parents. THE ESSENTIAL REQUISITES OF
It is a citizenship based on the place or soil MARRIAGE INCLUDE:
of one’s birth. On the other hand, in jus 1) Legal capacity of the contracting
sanguine, a person acquires the citizenship parties, who must be a male and a
of his or her parents, regardless of where he female.
is born. 2) Consent freely given in the presence of
the solemnizing officer.
A FILIPINO CITIZEN MAY LOSE HIS
CITIZENSHIP IN ANY OF THE THE FORMAL REQUISITES OF
FOLLOWING WAYS AND/OR MARRIAGE:
EVENTS: 1. Authority of the solemnizing officer; [See
(1) By naturalization in a foreign country; Persons Authorized to Solemnize Marriage]
(2) By express renunciation of citizenship; 2. A valid marriage license. ...
(3) By subscribing to an oath of allegiance 3. A marriage ceremony which takes place
to support the constitution or laws of a with the appearance of the contracting
foreign country upon attaining twenty-one parties before the solemnizing officer and
years of age or more; their personal declaration that they take each
other as husband and wife in the presence of
TO RE-ACQUIRE FILIPINO not less than two witnesses of legal age.
CITIZENSHIP, FOLLOW THESE
STEPS: LEGAL AGE TO MARRY IN THE
1. Submit Required Documents: Duly PHILIPPINES:
accomplished application form, birth 1. Both parties must be at least 18 years
certificate, and certificate of old.
naturalization are needed. 2. If either party is between 18 and 21
2. Take the Oath of Allegiance: This must years old, parental consent is required.
be done before a duly authorized 3. For those between 21 and 25 years old,
Philippine official parental advice must be sought.

MARRIAGE MARRIAGE IN ARTICULUS MORTIS

ARTICLE 1. Marriage is a special contract ‘Marriage due to death’
of permanent union between a man and a Refers to the marriage in which one of the
woman entered into in accordance with law parties is about to die, for which the law
for the establishment of conjugal and family allows speeding up the necessary
life. procedures.
DUTY OF THE CIVIL REGISTRAR to organized government, or involvement in
RELATIVE TO A MARRIAGE activities against national security.
The local civil registrars shall keep and
preserve in their offices the following 2 INCESTOUS MARRIAGES
books, in which they shall, respectively, (1) Between ascendants and descendants of
make the proper entries concerning the civil any degree; and
status of persons: Birth and death register. (2) Between brothers and sisters, whether of
Marriage register, in which shall be entered the full or half blood.
not only the marriages solemnized but also
divorces and dissolved marriages. ARTICLE 38. The following marriages
shall be void from the beginning for
INCESTOUS MARRIAGE reasons of public policy:
Incestuous marriage refers to marriage
between closely related family members (1) Between collateral blood relatives
such as parent and child, grandparent and whether legitimate or illegitimate, up to the
grandchild and brother and sister. fourth civil degree;
(2) Between step-parents and step-children;
CITIZENS OF THE PHILIPPINES (3) Between parents-in-law and children-in-
INCLUDE: law;
1. Those who are citizens of the (4) Between the adopting parent and the
Philippines at the time of the adoption adopted child;
of the Constitution. (5) Between the surviving spouse of the
2. Those whose fathers or mothers are adopting parent and the adopted child;
citizens of the Philippines. (6) Between the surviving spouse of the
3. Those born before January 17, 1973, of adopted child and the adopter;
Filipino mothers, who elect Philippine (7) Between an adopted child and a
citizenship upon reaching the age of legitimate child of the adopter;
majority. (8) Between adopted children of the same
4. Those who are naturalized in adopter; and
accordance with law. (9) Between parties where one, with the
intention to marry the other, killed that other
PERSONS DISQUALIFIED FOR person’s spouse, or his or her own spouse.
NATURALIZATION:
Certain individuals may be disqualified
from naturalization, including those with
records of criminal convictions, opposition