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2. LAW-RELATED
STUDIES
INTRODUCTION TO LAW

3. CHAPTER I
CIVIL LAW

4. What is Law?
•In its general sense, is defined
as the science of moral laws
based on the rational nature
of man, governing his free
activity for the realization of
his individual and social ends,
demandable and reciprocal.

5. What is Law?
•In its specific sense, law
is defined as a rule of
conduct, just, obligatory,
promulgated by legitimate
authority, and of common
observance and benefit.

6. Elements of Law as
defined
1.Law is a rule
of conduct;
2.Law must be
just;
3.It must be
obligatory;

7. Elements of Law as
defined
4. Law must be
promulgated by
legitimate authority;
5. Law must be
enacted for common
observance and
benefit.

9. CIVIL LAW
•Republic Act No. 386,
otherwise known as the Civil
Code of the Philippines, took
effect on August 30, 1950, a
year after its publication in
the Official Gazette pursuant
to Article 2 of the same Code.

10. What is Civil Code of the
Philippines?
•Is a collection of laws, which
regulates the private relations
of the members of civil
society, determining their
respective rights and
obligations, with reference to
persons, things and civil rights.

11. What is Civil Code of the
Philippines?
•Basically, the Civil Code of the
Philippines governs the relations
of private parties regarding their
status, rights and duties on
property ownership, contractual
relations and liability for torts.
•It serve as guideposts in
governing human relations.

12. FAMILY CODE OF THE
PHILIPPINES
•July 6, 1987 I, CORAZON C.
AQUINO, President of the
Philippines, by virtue of the
powers vested in me by the
Constitution, do hereby order
and promulgate the Family Code
of the Philippines, as follows:

13. FAMILY CODE OF THE
PHILIPPINES
•Executive Order No. 209,
Series of 1987 otherwise
known as the “Family Code of
the Philippines’, provides
concepts of marriage.

15. CHAPTER II
MARRIAGE

16. What is Marriage?
•ARTICLE 1. Marriage is a
special contract of
permanent union between a
man and a woman entered
into in accordance with law
for the establishment of
conjugal and family life.

17. It is the foundation of the
family and an inviolable social
institution whose nature,
consequences, and incidents
are governed by law and not
subject to stipulation, except
that marriage settlements
may fix the property relations
during the marriage within the
limits provided by this Code.

18. Points to remember from
the definition:
•It is a special contract.
•It is a permanent union.
•It is a union between a man
and a woman.

19. Points to remember from
the definition:
•It is a union entered in
accordance with law.
•Its purpose is to establish
conjugal and family life.

20. As a special contract:
•It is not the same as
ordinary contracts insofar
as its creation,
consummation and
consequences are
concerned. Thus:

21. As a special contract:
•It cannot be formed by
implication or estoppel.
•It does not require a
particular form for its validity.
•The freedom to contract or
autonomy of parties does not
apply.

22. As a permanent union:
•It means to last “till death do
us part”.
•It is not a contract for a
particular or a temporary
purpose.
•The parties cannot stipulate
an expiration date.

23. As a permanent union:
•It cannot be terminated,
except for reason provided by
law such as death, annulment
or nullity of the marriage.

24. As a union between a
man and a woman:
•Only a man and a woman can
enter a marriage.
•Same-sex marriage is not
allowed.

25. As a union between a
man and a woman:
•It cannot even be made
between persons of the same
sex, one of whom has
undergone sexual
reassignment.

26. As a union entered in
accordance with law:
•Its nature, consequences, and
incidents are governed by law
and not subject to stipulation.
•Except for marriage
settlements, the parties
cannot contract away their
rights and obligations.

27. As a union entered in
accordance with law:
•Any change or modification in
the aspects of marriage, such
as property relations, support
and parental authority, must
be through court order.

28. As a union whose purpose is
to establish conjugal and
family life:
•The cause of the parties is
not monetary or proprietary
gain.
•The parties must live
together, observe mutual
love, respect and fidelity.

29. As a union whose purpose is
to establish conjugal and
family life:
•If they have children, the
parties must jointly exercise
parental authority and
provides support.

30. Case Digest
Silverio vs.
Republic
(October 22,
2007)

31. Case Digest
•Silverio vs Republic (October
22, 2007)
•In this case, Rommel filed an
action for change of name and
sex in his birth certificate from
Rommel to Melly and from male
to female, claiming that he has
gone sexual reassignment.

32. Facts:
• Petitioner was born and registered as male. He
admitted that he is a male transsexual, that is,
“anatomically male but feels, thinks and acts as a
“female” and that he had always identified
himself with girls since childhood. He underwent
psychological examination, hormone treatment,
breast augmentation and sex reassignment
surgery. From then on, petitioner lived as female
and was in fact engaged to be married. He then
sought to have his name in his birth certificate
changed from Rommel Jacinto to Melly, and his
sex from male to female. The court of appeals
rendered a decision in favor of the Republic.

33. Ruling:
•Article 376 of the Civil Code
provides that no person can
change his name or surname
without judicial authority. Before
a person can legally change his
given name, he must present
proper or reasonable cause or
any compelling reason justifying
such change.

34. Ruling:
•Article 412 of the
Civil Code
provides that no
entry in the civil
register shall be
changed or
corrected without
a judicial order.

35. Ruling:
•The birth certificate of
petitioner contained no error.
All entries therein, including
those corresponding to his
first name and sex, were all
correct. Hence, no correction
is necessary.

36. •While petitioner may have
succeeded in altering his body
and appearance through the
intervention of modern surgery,
no law authorizes the change of
entry as to sex in the civil
registry for that reason. Thus,
there is no legal basis for his
petition for the correction or
change of the entries in his birth
certificate.

37. •The sex of a person is
determined at birth, visually
done by the birth attendant (the
physician or midwife) by
examining the genitals of the
infant. Considering that there is
no law legally recognizing sex
reassignment, the determination
of a person’s sex made at the
time of his/her birth, if not
attended by error, is immutable.

38. •To grant the changes sought
by petitioner will substantially
reconfigure and greatly alter
the laws on marriage and
family relations. It will allow
the union of a man with
another man who has
undergone sex reassignment
(a male-to-female post-
operative transsexual).

39. Republic vs.
Cagandahan
G.R No. 166676,
September 12, 2008

40. Facts:
•On December 11, 2003, respondent filed a
Petition for Correction of Entries in Birth
Certificate before the RTC Branch 33 of
Siniloan, Laguna.
•She alleged that she was born on January
13, 1981, registered as a female in the
Certificate of Live Birth but while growing
up, she developed secondary male
characteristics and eventually diagnosed
with Congenital Adrenal Hyperplasia/CHA.

41. Facts:
•Further alleges that she had clitoral
hypertrophy in her early years, at age
six, after an ultrasound, it was
discovered that she had small
ovaries but at 14 years old, test
revealed that her ovarian structures
had diminished, stopped growing and
had no breast or menses.

42. Clitoral
Hypertrophy
Human
Genital
Disorder

43. •For all intents and purposes, as well
as in disposition, considered herself
male. To prove her claim,
respondent presented Dr. Michael
Sionzon of the Department of
Psychiatry, UP-PHG, who issued a
medical certificate stating that
respondent, is genetically female
but her body secretes male
hormones, has two organs which
the female part is undeveloped.

44. Pre/Post
Operation of
Rare
Reproductive
Disorder

45. From Jennifer to
Jeff Cagandahan.