PERSONS AND FAMILY RELATIONS_FINALS 1

ILLEGITIMATE CHILDREN Baluyot vs Baluyot

Rosendo Herrera vs Rosendo Alba (also in Proof of  An illegitimate child may be entitled to
Filiation) successional rights by proving his filiation,
which may be established by the voluntary or
 As ruled in Pp vs Vallejo, DNA can be used in compulsory recognition of the illegitimate child.
determining the paternity and used as
evidence, if the result is 99.99%.  Two modes of acknowledgment:
o Art. 278, NCC – Voluntary recognition
In the Matter of the Adoption of Stephanie Nathy
(incidental) – made in the record of
Astorga Garcia
birth, in a will, a statement before the
Can an illegitimate child use the surname of her court of record, or in any authentic
mother as her middle name when she is subsequently writing. (*NOTE: the rule of liberality
adopted by her natural father? may only be applied to voluntary
recognition)
 Yes. There is no law regulating the use of a
middle name. The drafters of the Family Code o Art. 283, NCC – Compulsory
recognized the Filipino custom of adding the recognition (direct, express) – the
surname of the child’s mother as her middle father is obliged to recognized the
name. Moreover, it is to preserve and maintain child as his:
filiation with her natural mother because she  in cases of rape, abduction or
remains to be an intestate heir of the latter. seduction, when the period of
 RA 8552 (Domestic Adoption Act) – rights of the offense coincides more or
legitimate are extended to adoptees. less with that of the
conception;
Locsin vs Locsin  continuous possession of the
status by the direct acts of the
 A birth certificate not signed by the alleged alleged father or his family;
father (who had no hand in its preparation) is  child was conceived during
not competent evidence of paternity. the time when the mother
cohabitated with the alleged
 A birth certificate is a formidable piece of father;
evidence prescribed by both the Civil Code  any other evidence to prove
and Art 172 of the FC for purposes of that he is the alleged father.
recognition and filiation. However, birth
certificate offers only prima facie evidence of Diaz vs IAC
filiation and may be refuted by contrary
evidence.  Iron curtain rule – Art. 992, CC: An Illegitimate
child has no right to inherit ab intestate from
Vda. De Alberto vs CA the legitimate children and relatives of his
father or mother; nor shall such children or
 GR: The action for recognition of a natural relatives inherit in the same manner from the
child may be brought only during the lifetime of illegitimate child.
the presumed parent.
o XPN: If the presumed parent died Grande vs Antonio
during the minority of the child, the
latter may file the action within 4 years  Art. 176, FC:
from the attainment of majority. o GR: Illegitimate children shall use the
 XPN to the XPN: However, if surname and shall be under the
the minor has a guardian, parental authority of the mother.
prescription runs against him  XPN: The I.C. may use the
even during his minority (art. surname of the father in case
1108, NCC). In such case, the of express recognition of the
action for recognition must be latter through the record of
instituted within 4 years after birth appearing in the civil
the death of the natural father. register, or when an
admission in a public
 Case: The alleged father died on July 3, 1949. document or a private
The complaint for acknowledgment and handwritten instrument.
partition was filed 11 years later. Hence,
prescription has set in.

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PERSONS AND FAMILY RELATIONS_FINALS 2

Compulsory Recognition valid marriage between respondent and his

first wife, Teresita.
Bernabe vs Alejo

 Art. 285, NCC: The action for the recognition ADOPTION

of natural children may be brought only during
the lifetime of the presumed parents, except in Domestic Adoption
the following cases:
o If the father died during the minority of Lahom vs Sibulo
the child – 4 years from the attainment
 GR: Adopters cannot rescind the adoption, but
of his majority;
may disinherit the adoptee for causes
o If after the death of the father/mother,
provided in Art 919 of the Civil Code.
a document should appear of which
o XPN: Adoption may be rescinded on
nothing had been heard and in which
any of the ffg grounds committed by
either or both parents recognize the
the adopter (Sec. 19, Art. VI, RA
child – 4 years from the finding of the
8552):
document.
 Repeated physical and verbal
maltreatment by the adopter
 Art. 172, FC: The filiation of legitimate children
 Attempt on the life of the
is established by any of the following:
adoptee
o Record of birth
 Sexual assault or violence
o Admission of legitimate filiation in a
 Abandonment and failure to
public document, or a private
comply with parental
handwritten instrument and signed by
obligations.
the parent concerned
Intercountry Adoption
Absence of the following shall be proved
by (during the lifetime of the alleged Republic vs Alarcon Vergara
parent):
 Art. 184, FC: The following persons may not
o Open and continuous possession of adopt:
the status of a legitimate child; or o An alien, except:
o Any other means allowed by the Rules  A former Filipino citizen who
of Court and special laws. seeks to adopt a relative by
consanguinity;
 Art 173, FC: I.C. may establish their legitimate  One who seeks to adopt the
filiation in the same way and on the same legitimate child of his or her
evidence as L.C. Filipino spouse;
 One who is married to a
 Prior to the enactment of the FC, Art 285 of Filipino citizen and seeks to
the CC had already vested Adrian’s right to an adopt jointly with his or her
action for recognition, therefore, the FC cannot spouse a relative by
be applied retroactively because it will impair consanguinity of the latter.
vested or acquired rights (Art. 255, FC).
 Art. 185, FC: Husband and wife must adopt,
LEGITIMATED CHILDREN
except in the following cases:
Abadilla vs Tagbiliran Jr. o When one spouse seeks to adopt his
own legitimate child;
 Legitimation is limited to natural children and o When one spouse seeks to adopt the
cannot include those born of adulterous legitimate child of the other.
relations
 Since Samuel is an American, therefore, he is
 Art 177, FC: Only children conceived and born disqualified from adopting because he does
outside of wedlock of parents who, at the time not fall under any of the three exceptions laid
of the conception of the former, were not down in Art. 184, FC. Although he seeks to
disqualified by any impediment to marry each adopt his wife’s younger brother and sister, he
other may be legitimated. is not married to a Filipino citizen, since
 Despite his subsequent marriage to Priscilla, Rosalina was already a naturalized American
the three children cannot be legitimated nor in at the time the petition was filed. Rosalina, on
any way be considered legitimate since at the her own, cannot adopt her brother and sister
time they were born, there was an existing

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PERSONS AND FAMILY RELATIONS_FINALS 3

for the law mandates joint adoption by

husband and wife, subject to exceptions.  Therefore, since Delia and Edmundo are
adopted children of Teodoro and Isabel, they
Lazatin vs Campos are the latter’s exclusive heirs. However, they
do not have the right of representation in the
 There was no court decree of adoption.
inheritance of the grandparents’ intestate
Absence of a record of adoption, presumes of
estate.
its non-existence.

 Absence of proof of such order of adoption by

the court cannot be substituted by evidence ART. 194, FC – SUPPORT
that a child has lived with a person, not his
parent, and has been treated as a child to Spouses Lim vs Cheryl Lim
establish such adoption.
 Inability of the parents to support their children
Cervantes vs Fajardo shifts a portion of their obligation to the
ascendants in the nearest degree, both
 Cases involving the custody, care, education, paternal and maternal lines.
and property of children, the latter’s welfare is
paramount.  The partial obligation of then extends only to
their descendants, that is, petitioner’s
 The adopter must prove that he has the grandchildren by blood.
capacity to adopt. The adopter must be
morally, physically, financially, and socially  Cheryl’s right to receive support extends only
capable of supporting the minor. to her husband, arising from their marital bond.

Republic vs CA & Bobiles Lacson vs Lacson

 Before: PD 603 – a petition for adoption may  Is Art. 203 applicable?

be filed by either of the spouses or by both of o Art. 203: The obligation to give
them. support shall be demandable from the
time the person who has a right to
 Present: Family Code – joint adoption by receive the same needs it for
husband and wife is mandatory. maintenance, but it shall not be paid
except from the date of judicial or
Can the FC be given retroactive effect if the case was extrajudicial demand.
filed before the FC took effect?
 The formal demand of the wife to her husband
 Art. 256, FC provides for the Code’s
for the support of their child is pointless, in the
retroactive effect provided that it will not
face of the husband’ acknowledgment of and
prejudice, or impair vested or acquired rights
commitment to comply with such obligation
in accordance with the Civil Code or other
through a note in his own handwriting.
laws.

 Under PD 603, respondent had the right to file

a petition for adoption by herself, without the PARENTAL AUTHORITY
joining of her husband. She was exercising
her explicit and unconditional right under said Briones vs Miguel
law.
 The mother has the sole authority over an
illegitimate child. She has the right to keep him
 Therefore, FC cannot be given retroactive
in her company. She cannot be deprived of
effect.
that right, and she may not even renounce or
Sayson vs CA transfer it.

 An adopted child shall be deemed to be a  No child under 7 years of age shall be

legitimate child and have the same rights as a separated from the mother, except when the
legitimate child; however, these rights do not court finds cause to order otherwise.
include the right of representation.
 The relationship created by the adoption is In re: Habeas Corpus of Angelie Cervantes
between only the adopting parents and the
 A decree of adoption has the effect of
adopted child and does not extend to the
dissolving the authority vested in natural
blood relatives of either party.

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PERSONS AND FAMILY RELATIONS_FINALS 4

parents over the adopted child. The adopting  However, for petitioner to be liable, there must
parents have the right to the care and custody be a finding that the act or omission
of the adopted child and exercise parental considered as negligent was the proximate
authority and responsibility over him. cause of the injury caused because the
negligence must have a causal connection to
 In case the adopting parent is the spouse of the accident.
the natural parent of the adopted, parental
authority shall be exercised jointly by both  In this case, the cause of the accident was not
spouses. because of the reckless driving of the
deceased, who was a minor at the time, but
Unson vs Javier the detachment of the steering wheel guide of
the jeep. The even over which petitioner
 In controversies regarding the custody of
school had no control, therefore, petitioner is
minors the sole and foremost consideration is
not liable for the death resulting from such
the physical, education, social and moral
accident.
welfare of the child concerned, taking into
account the respective resources and social Substitute Parental Authority (Art. 214, FC)
and moral situations of the contending parents.
Leouel Santos vs CA
In re: Thornton
 Parental authority and responsibility are
Does the Court of Appeals has jurisdiction to issue inalienable and may not be transferred or
writs of habeas corpus in cases involving custody of renounced except in cases authorized by law.
minors in the light of the provision in RA 8369 giving The right attached to parental authority, being
family courts exclusive original jurisdiction over such purely personal, the law allows a waiver of
petitions? parental authority only in cases of adoption,
guardianship and surrender to a children's
 Yes, the CA should take cognizance of the
home or an orphan institution. When a parent
case since there is nothing in RA 8369 that
entrusts the custody of a minor to another,
revoked its jurisdiction to issue writs of habeas
such as a friend or godfather, even in a
corpus involving custody of minors.
document, what is given is merely temporary
custody and it does not constitute a
 The Family courts have concurrent jurisdiction
renunciation of parental authority. Even if a
with the Court of Appeals and the Supreme
definite renunciation is manifest, the law still
Court in petitions for habeas corpus where the
disallows the same.
custody of minors is at issue.
 The law vests on the father and mother joint
 It prevents a situation where individuals who
parental authority over the persons of their
do not know the whereabouts of minors they
common children. In case of absence or death
are looking for would be helpless since they
of either parent, the parent present shall
cannot seek redress from family courts whose
continue exercising parental authority. Only in
writs are enforceable only in their respective
case of the parents’ death, absence or
territorial jurisdictions. Thus, if a minor is being
unsuitability may substitute parental authority
transferred from one place to another, the
be exercised by the surviving grandparent.
petitioner in a habeas corpus case will be left
without a legal remedy.
 The law considers the natural love of a parent
to outweigh that of the grandparents, such that
only when the parent present is shown to be
SUBSTITUTE AND SPECIAL PARENTAL unfit or unsuitable may the grandparents
AUTHORITY exercise substitute parental authority, a fact
which has not been proven in this case.
St. Mary’s Academy vs William Carpitanos

 Under Article 219 of the Family Code, if the Vancil vs Belmes

person under custody is a minor, those
exercising special parental authority are Who between the mother and grandmother of minor
principally and solidarily liable for damages should be his guardian?
caused by the acts or omissions of the
unemancipated minor while under their  Respondent, being the natural mother of the
supervision, instruction, or custody. minor, has the preferential right over that of
petitioner to be his guardian.

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PERSONS AND FAMILY RELATIONS_FINALS 5

 Petitioner, as the surviving grandparent, can  In fact, Connie invited co-petitioners Tirso de
exercise substitute parental authority only in Chavez and Luisito Vinas who are both P.E.
case of death, absence or unsuitability of instructors and scout masters who have
respondent. knowledge in First Aid application and
swimming. Moreover, even respondents'
 Respondent failed to prove that petitioner witness, Segundo Vinas, testified that
mother is unfit as guardian over the minor. petitioners had life savers especially brought
However, even assuming that respondent is by the defendants in case of emergency. The
unfit as guardian of minor Vincent, still records also show that both petitioners
petitioner cannot qualify as a substitute Chavez and Vinas did all what is humanly
guardian. Since petitioner is an American possible to save the child.
citizen and has not set foot in the Philippines
and considering her old age and her  While it is true that respondents-spouses did
conviction of libel, will give her a second give their consent to their son to join the picnic,
thought of staying here. Indeed her coming this does not mean that the petitioners were
back to this country just to fulfill the duties of a already relieved of their duty to observe the
guardian to a minor for only two years is not required diligence of a good father of a family
certain. in ensuring the safety of the children. But in
the case at bar, petitioners were able to prove
Bagtas vs Ruth Santos that they had exercised the required diligence.
Hence, the claim for moral or exemplary
 3 requisites in petitions for habeas corpus
damages becomes baseless.
involving minors:
o Petitioner has a right of custody over Salvosa vs IAC
the minor;
o Respondent is withholding the rightful WON petitioners can be held liable for damages under
custody over the minor; ARt 2180 of the CC, as a consequence of the tortious
o The best interest of the minor act of shooting another student with an unlicensed
demands that he or she be in the firearm of Jimmy Abon?
custody of the petitioner.
 Art. 2180, CC, teachers or heads of
Special Parental Authority (Art. 216, FC) establishments of arts and trades are liable for
“damages caused by their pupils and students
St. Francis Academy vs CA or apprentices, so long as they remain in their
custody, 'so long as (the students) remain in
 In the case at bar, the teachers/petitioners
their custody means the protective and
were not in the actual performance of their
supervisory custody that the school and its
assigned tasks. The incident happened not
heads and teachers exercise over the pupils
within the school premises, not on a school
and students for as long as they are at
day and most importantly while the teachers
attendance in the school, including recess
and students were holding a purely private
time."
affair, a picnic. It is clear from the beginning
that the incident happened while some
 Jimmy B. Abon cannot be considered to have
members of the I-C class of St. Francis High
been "at attendance in the school," or in the
School were having a picnic at Talaan Beach.
custody of BCF, when he shot Napoleon
This picnic had no permit from the school
Castro. Logically, therefore, petitioners cannot
head or its principal, Benjamin Illumin because
under Art. 2180 of the Civil Code be held
this picnic is not a school sanctioned activity
solidarity liable with Jimmy B. Abon for
neither is it considered as an extra-curricular
damages resulting from his acts.
activity.

 No negligence could be attributable to the

 The record shows that before the shooting
petitioners-teachers to warrant the award of
incident, Roberto B. Ungos ROTC Unit
damages to the respondents-spouses.
Commandant, AFP, had instructed Jimmy B.
 Petitioners Connie Arquio the class adviser of
Abon "not to leave the office and [to keep the
I-C, the section where Ferdinand belonged,
armory] well guarded." Apart from negating a
did her best and exercised diligence of a good
finding that Jimmy B. Abon was under the
father of a family to prevent any untoward
custody of the school when he committed the
incident or damages to all the students who
act for which the petitioners are sought to be
joined the picnic.
held liable, this circumstance shows that
Jimmy B. Abon was supposed to be working in

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PERSONS AND FAMILY RELATIONS_FINALS 6

the armory with definite instructions from his grandparents and forced to live with her biological
superior, the ROTC Commandant, when he parents.
shot Napoleon Castro.
 When a judgment of a higher court is returned
PSBA vs CA to the lower court, the function of the latter is
to issue the order of execution. It cannot vary
 Article 2180, in conjunction with Article 2176 of the mandate of the superior court, or examine
the Civil Code, establishes the rule of in loco it, for any other purpose than execution.
parentis.
 However, the claim that the child’s
 In all such cases, it had been stressed that the manifestation that she would kill herself or run
law (Article 2180) plainly provides that the away from home if she should be forced to live
damage should have been caused or inflicted with the private respondents is a supervening
by pupils or students of the educational event that would justify the cancellation of the
institution sought to be held liable for the acts execution of the final judgment.
of its pupils or students while in its custody.
However, this material situation does not exist  Since in this case, the very life and existence
in the present case for, as earlier indicated, of the inor is at stake and the child is in an age
the assailants of Carlitos were not students of when she can exercise an intelligent choice,
the PSBA, for whose acts the school could be the courts can do no less than respect,
made liable. enforce and give meaning to that choice and
uphold her right to live in an atmosphere
Libi vs IAC
conducive to her physical, moral, and
 The parents are and should be held primarily intellectual development.
liable for the civil liability arising from criminal
Lindain vs CA
offenses committed by their minor children
under their legal authority or control, or who WON judicial approval was necessary for the sale of
live in their company, unless it is proven that the minor’s property by their mother.
the former acted with the diligence of a good
father of a family to prevent such damages.  Under the law, a parent, acting as merely the
legal administrator of the property of his child,
 Under said Article 2180, the enforcement of does not have the power to dispose of, or
such liability shall be effected against the alienate, the property of said children without
father and, in case of his death or incapacity, judicial approval.
the mother. This was amplified by the Child
and Youth Welfare Code which provides that  Art. 2032, NCC: The Court’s approval is
the same shall devolve upon the father and, in necessary in compromises entered into by
case of his death or incapacity, upon the guardians, parents, absentee’s
mother or, in case of her death or incapacity, representatives and administrators or
upon the guardian, but the liability may also be executors of decedent’s estates.
voluntarily assumed by a relative or family
friend of the youthful offender. However, under  The Court’s approval is indispensable
the Family Code, this civil liability is now, regardless of the amount involved.
without such alternative qualification, the
responsibility of the parents and those who
exercise parental authority over the minor
offender. For civil liability arising from quasi- CUSTODY
delicts committed by minors, the same rules
Espiritu vs CA
shall apply in accordance with Articles 2180
and 2182 of the Civil Code, as so modified.  GR: The law presumes that the custody is
best given to the mother.
Luna vs IAC
o XPN: Cases involving custody and
WON procedural rules, the duty of lower courts to support are not conclusive and can be
enforce a final decision of appellate courts in child overcome by “compelling reasons.”
custody cases, should prevail over and above the o Reasons are:
desire and preference of the child, to stay with her  Neglect
grandparents instead of her biological parents who  Abandonment
had signified her intention to kill herself or run away  Unemployment
from home if she should be separated from her  Immorality
 Habitual drunkenness

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PERSONS AND FAMILY RELATIONS_FINALS 7

 Drug addiction or has been unfaithful to her husband would

 Maltreatment of the child render her unfit to have custody of her minor
 Insanity child. To deprive the wife of custody, the
 Affliction with a communicable husband must clearly establish that her moral
disease lapses have had an adverse effect on the
welfare of the child or have distracted the
 Below 7 years old – mother offending spouse from exercising proper
 Over 7 years old – child has a choice, but parental care.
court is not bound.
 It is not the lesbianism per se, but rather the
 The court may exercise its discretion by immorality, or immoral acts made.
disregarding the child’s preference should the
parent chosen be found to be unfit, in which
instance, custody may be given to the other
CIVIL REGISTRY
parent, or even a third party.
Republic vs Valencia
Salientes vs Abanilla
 Rule 108 of the Rules of Court sets forth the
 An action of habeas corpus may be resorted
rules on cancellation or correction of entries in
to in cases where rightful custody is withheld
the civil registry. It provides the procedure for
from a person entitled thereto.
cancellation or correction of entries. The
 An issuance of an order for a writ of habeas
proceedings may either be summary or
corpus is immediate regarding the temporary
adversary.
custody or agreement.

Dacsin vs Dacsin  If the correction is clerical, then the procedure

to be adopted is summary.
 An agreement by the parents for the joint
custody of their child while living separately is  If it will affect the civil status, citizenship, or
void ab initio. nationality of a party, it is deemed substantial,
 It is contrary to law. and the procedure to be adopted is adversary.
 Upon separation of spouses, the mother takes
sold custody of child. The law suspends the  Substantial errors in a civil registry may be
joint custody regime for: corrected through a petition filed under Rule
o Children under 7 years if age, of 108, with the facts established and the parties
o Separated or divorced spouses. aggrieved by the error, availing themselves of
the appropriate adversarial proceeding.
Gualberto vs Gualberto
 Rule 108 is summary in character but the trial
 GR: ART. 213. In case of separation of the
is adversary.
parents, parental authority shall be exercised
by the parent designated by the court. The Labayo-Rowe vs Republic
court shall take into account all relevant
considerations, especially the choice of the Can a mother’s civil status be change from married to
child over seven years of age, unless the single in her daughter’s birth certificate?
parent chosen is unfit.
 No, because the change of her civil status
No child under seven years of age shall be from married to single at the time of her
separated from the mother, unless the court daughter’s birth, will change the status of her
finds compelling reasons to order otherwise. child from legitimate to illegitimate. Therefore,
the child’s right to inherit from her parents
 The so-called “tender-age presumption” under would be substantially impaired. Moreover,
Art. 213 of the FC may be overcome only by she would be exposed to humiliation and
compelling evidence of the mother’s unfitness. embarrassment resulting from the stigma of an
illegitimate filiation that she will bear thereafter.
 Crisanto cites immorality due to alleged Rommel Jacinto vs Republic
lesbian relations as the compelling reason to
deprive Joycelyn of custody. Can a change of name and sex as a result of sexual
reassignment be done?
 Sexual preference or moral laxity alone does
not prove parental neglect or incompetence.  No. Before a person can legally change his
Not even the fact that a mother is a prostitute given name, he must present proper or

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PERSONS AND FAMILY RELATIONS_FINALS 8

reasonable cause or any compelling reason  Art 305, CC: The duty and the right to make
justifying such change. arrangements for the funeral of a relative shall
be in accordance with the order established
 Sec 4 of RA 9048 provides the grounds for for support, under 294.
which change of first name may be allowed: o In case of descendants of the same
degree, or of brothers and sisters, the
o Ridiculous; oldest shall be preferred.
o tainted with dishonor; o In case of ascendants, the paternal
o extremely difficult to write or shall have a better right.
pronounce;  Art. 199, FC: whenever two or more persons
o the new first name has been habitually are obliged to give support, the liability shall
and continuously used and he has devolve upon the following persons in order
been publicly known by that first name herein provided:
in the community; o The spouse;
o the change will avoid confusion. o The descendants in the nearest
degree;
 Sexual reassignment is not a ground for o The ascendants in the nearest
change of name. degree;
o The brothers and sisters.
 Likewise, there is also no law that authorizes
the change of sex by the same ground. The  Therefore, as applied in this case, Rosario,
determination of a person’s sex is made at the being the surviving legal wife of Atty Adriano,
time of his birth. has the right and duty to make the funeral
arrangements. The fact that she was living
 The remedies that the petitioner seeks can separately from her husband was in the United
only be addressed by the legislature. States has no controlling significance.

 If the ground for equity will be use, it will

change the law on marriage.
SURNAMES
Republic vs Cagandahan
Naldoza vs Republic (supra)
Can a change of name and sex as a consequence of
WON two minors should be allowed to discontinue
the medical condition be done?
using their father’s surname (due to the
 Yes, the court granted the petition. embarrassment he caused to his family because of his
swindling) and should use only their mother’s surname
 The medical condition known as CAH, makes
 No:
respondent genetically female but since her
o Wrong party: should be the children
body secretes male hormones, her female
o Confusion of parentage
organs did not develop normally and she has
o Create impression of illegitimacy
two sex organs – female and male.
o Reason by mother not allowed by
ROC
 Respondent’s uterus is not fully developed,
and that she has no monthly period. Johnston vs Republic
Respondent’s condition is permanent.
 To allow the minor to adopt the surname of the
husband of the adopter, would mislead the
public into believing that he had also been
FUNERALS adopted by the husband, which is not the case.
Eugenio Sr vs Velez
 Mere consent of the adopter’s husband did not
 If deceased was an unmarried man o woman have the effect of making him an adopting
without a child, the duty of the burial shall be father, so as to entitle the child to the use of
given upon the nearest kin of the deceased his own surname.
(Sec 1103, Revised Administrative Code).
 Common law spouses must not have legal  In order for the child to use his surname, he
impediment. should have been a co-petitioner.

Valino vs Adriano

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PERSONS AND FAMILY RELATIONS_FINALS 9

Llaneta vs Agrava marriage, the status of the child would then be

illegitimate, as they were born out of wedlock.
 Note: This case is an exception made by the  Art. 176, FC – illegitimate children shall use
SC. the surname of their mother.
 Mere consent on the parties who were o Unless they follow RA 9255 (An Act
supposed to opposed, the use of the surname Allowing Illegitimate Children to use
may be permitted. The change of surname the Surname of their Father).
would also be for the best interest of the child.
 She can use the surname but without the Republic vs CA
creation of legitimacy.
Petitioner wanted to revert back to the surname of his
Telmo vs Republic biological parents (Alcala) from the surname of his
adopted parents (Wong), because he is being
Can a wife change the spelling of her husband’s associated as a Chinese when in fact he is not and
surname, in order to distinguish her sons from the also because he is living in a Muslim community.
illegitimate children of the relatives of her husband?
 Allowed by SC but there is no revocation of
No. If she desires judicial authorization to change the the adoption. Reason used: Embarrassment
spelling of her husband’s surname, her husband  Purpose of the law for allowing change of
should initiate the proceeding. He merely consented, name:
but was not made co-petitioner. o Opportunity to improve personality
o Provide for the best interest
Tolentino vs CA
 Change of Surname – Elements:
Can the court compel the ex-wife to stop using the o Ridiculous, dishonorable, or extremely
surname of Tolentino as she was already divorced? difficult to write or pronounce;
o Legal consequence (i.e. legitimation)
 There is no usurpation of the petitioner’s name o Avoid confusion
and surname in this case by the respondent o Continuous used
because petitioner failed to show that she o Unaware of her alien parentage
would suffer any legal injury or deprivation of o Sincere desire to change – no
legal rights. fraudulent purpose
o Embarrassment
 Senator Tolentino’s commentary on Art. 370 of
the CC: “the wife cannot claim an exclusive Yasin vs Shraia’s District Court
right to use the husband’s surname. She
 Shrai’a law – divorce is allowed
cannot be prevented from using it; but neither
 The consequence of a divorce: wife reverts
can she restrain others from using it.”
back to her maiden name as her surname. No
Legamia vs IAC need to file a case because it will result to a
superfluity.
Can the mistress use the surname of Emilio Reyes? Is
there a violation of Commonwealth Act No. 142 (An Grande vs Antonio
Act to Regulate the Use of Aliases) as usurpation of
Can the father compel his legitimate children to use his
the surname of the husband when in fact that they are
surname upon his recognition of their filiation?
not married?
 No, the children have the discretion on what
 Corazon had been living with Emilio for almost
surname they want to use. If minor, it is upon
20 years.
the mother who has the sole parental authority
 He introduced to her to the public as his wife
since they are illegitimate children.
and she assumed that role and his name
 IRR of RA 9255  SHALL
without any sinister purpose or personal
 Law  MAY
material gain in mind.
o Art. 176, FC – illegitimate children
 There was no intent to cause damage to the
may use the surname of their father if
wife. She applied for death benefits not for
their filiation has been expressly
herself but for her son.
recognized...
Republic vs Abadilla

 The deletion of the date and place of the

marriage of the parents in the child’s birth
certificate would result it’s as if there is no

AUF | 2015 | canlas.salta

PERSONS AND FAMILY RELATIONS_FINALS 10

ANTI-ALIAS LAW on the loss of the vessel and death of

the captain, and there is evidence to
Cesario vs CA conclude that he is dead.

 Purpose of the law: prevent Chinese Tol-Nuquera vs Villamor

businessmen to use several aliases to avoid
the payment of their debts and taxes.  There is no need for Declaration of
 There is no violation of the Anti-Alias Law in Presumptive Death for a petition for the letters
this case because he only used it once, and of Administration of Estate.
there is no intention to be known by that name.
 For there to be a violation, there must be:
o Habitual use of the alias
o Intention to be known by that name.

ABSENCE

2 Types:

- Physical
- Legal

GR: 4 consecutive years

XPN: 2 years – danger of death

NOTE: There must be a well-founded belief and must

secure a Declaration of Presumptive Death for the
purpose of contracting the subsequent marriage.

Armas vs Calisterio

 Civil Code – No requirement to file Declaration

of Presumptive Death.
 FC – Requirement under Art. 41
 In this case, the FC cannot be given
retroactive effect because it will impair the
substantive rights granted by the Civil Code.

Bienvenido vs CA

 Art. 83, NCC: Subsequent marriage during the

lifetime of the first spouse is void
o XPN: the first marriage was annulled
or dissolved
st
o The 1 spouse had been absent for 7
consecutive years, having news of the
absentee being alive
o Less than 7 years but is generally
considered dead
o Presumed dead according to Art. 390
and 391.
 Absentee cannot avail of the right to remarry.
Art. 83 is for the injured spouse, or the spouse
who was abandoned.

Eastern Shipping vs Lucero

 For claims – benefit as the consequence of

the death of the husband.
 GR: absence of the body – cannot presumed
to be dead
o XPN: Not Art. 391, but preponderance
of evidence. There is moral certainty

AUF | 2015 | canlas.salta