when shall be the family home not be exempt from force sale or attachment?

art
155 there is no need to prove that the value of the family home exceeded the actual
value provided for under 157
which is diff under art 160 because what facts must be established that the
judgement creditor in order that the family home maybe subject of execution forced
sale or attachment?
there are 3 facts that must be established
bell
1) there is an increase in actual value
2) that the increase resulted in the voluntary improvements on the prop. introduced
by the person constituting the family home ,its owners or any of its beneficiaries
3) the increased actual value exceeded the maximum allowed under art 157
to defeat this what must be established by the debtor
1) the actual value of the prop. at the time at construction has been determined to
fall below the statutory limit
2) the improvements (voluntary) does not result in an increase in its value
exceeding the statutory limit.
so take note that the family home shall only be one, there shall only be one family
home
and the provisions on the chapter of family home are given prospective application,
not given retroactive application.
we go to paternity and filiation
art 164 p 1 provides for a general presumption that children born during a valid
marriage are legitimate the 2nd paragraph applies to children born by artificial
insimination
to consider the child as legitimate. what are the requisites?
-written ratification or authorization by both
- recorded upon the birth of the child, because this should be recorded together with
the birth cert of the child
now 165 is another presumption what is the exemption under 165?
children born outside of a valid marriage are illegitimate
subject to the exceptions. art 54 children born out of void marriages under art 36
and art 53
who can impugn the legitimacy of the child?
only the father and in exceptional cases the heirs
what are the grounds where the father may impugn the legitimacy of the child? art
166
3 grounds.
1) physical impossibility to have sexual access during the first 120 days of the 300
days that immediately preceding the birth of the child by reason of
(a) the physical incapacity of the husband to have sexual intercourse with his wife;

(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not
possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;

2) biological or scientific reasons the child could not have been that of the husband
3)employment of any of the vices of consent referring to children born out of
artificial insimination
period in which to impugn the legitimacy of the child?
1-2-3
and if concealed? from the time of discovery/ knowledge or fact of registration
whichever is earlier
what presumption arises even if the mother has been sentenced as an adulteress or
has claimed against the legitimacy of the child?
child is still legitimate
in rel to 170 what are the ground that the heirs may impugn the legitimacy of the
child?
art 171
Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the
preceding article only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband.

if the child is claiming legitimate filiation? is there a prescriptive period? art 173 NO
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall
have a period of five years within which to institute the action.

which is different under illegitimate filiation(check this)

when do you apply the presumption under 168? IN THE ABSENCE OF PROOF TO THE
CONTRARY
in the absence of proof to the contrary you use 168
when the wife contracts a subsequent marriage within 300 days upon the
termination of the 1st marriage.
born before 180 days within 300 days
born after 180 days
lets go to filiation
how do you prove filiation?
2 ways of proving filiation:
Primary: 1) best evidence is the certificate of live birth or final judgment;
2)public document or private handwritten instrument signed by the parent
concerned
If the child presents any of these, does the child has to go to court? NO. This
is already recognition by the father itself.
Secondary: 1) open and continuous possession of a status of a legitimate
child; 2) any other means allowed by rules of court

If the child uses any of these proofs, (wala gihuman ni maam) there is a need
to file a separate action for compulsory recognition.
In the case of Santos, open and continuous possession of a status of a legitimate
child, why was this not appreciated by the court? Karen presented as proof of
secondary filiation, beneficiary of the GSIS burial benefits and decree of
guardianship. According to Karen, she was only 8 when her father died so her
mother Caridad filed this petition of guardianship over the person and property of
Karen. What else? The fact that it was Caridad and Rufino who spent and supported
her education.
All these were not appreciated. Why? There were other evidences presented by
Geronimo. Certification from the legal consultant of the DECS, as well as the
supervisor of the CHED that Caridad never availed of any maternity benefits or
leave from the time that she was working as a teacher. So, these were sufficient
accdg to the court to rebut the presumption that Karen is the legitimate child.
Not the cert of live birth, while this was considered by the lower court because
accdg to the lc, it was the burden of Geronimo to prove the alterations in the BC.
The burden is actually shifted to Geronimo. But, when it went to the appellate court,
they did not appreciate that because of the alterations in the absence of any
explanation whatsoever from Karen. This was not considered but recognized Karen
as legitimate because of open and continuous possession of a status of a legitimate
child because of those 3 that were taken into account by the appellate court.
Dont be confuse ha, sa primary and secondary and why these were not
appreciated.
Badua vs. ca
As cited by the sc in the case of Geronimo vs. santos. Because in this case, Marissa
presented also the cert of live birth, GSIS records, school records, and all these were
not taken by the sc bcoz accdg to the court, Marissa was not the child at all of the
spouses.
In the cases of De jesus and Liyao
Children here born outside of a valid marriage are still presumed to belong to the
subsisting marriage bcoz at the time of the birth of the children, their respective
mother are still validly married to their respective husband. So, just take note of Art.
167, that even when the mother has been sentenced to as an adulteress, a child
born is presumed still to be the legit child of the valid subsisting marriage bcoz (on
impugning) it is the exclusive right of the father and only in exceptional cases, the
heirs, to impugn the legitimacy of the child. The law itself fixes the status of the
child born during the valid marriage, that they are legitimate children.
Concepcion vs. ca
This is different bcoz they were married, only that it was discovered later on that
there was a prior subsisting marriage of Teresa with Mario. So the child born
between Gerardo and Teresa is still presumed to be the child of Mario and Teresa.
Bcoz what kind of proof is required to impugn the legitimacy of the child? Proof
beyond reasonable doubt on absence of access during the 1 st 120 days of the 300
days that immediately preceded the birth of the child.

Ong vs. diaz

Why is the DNA testing allowed by the court when the mother is still validly married
to the Japanese husband? It was proven that the japanese husband was never in the
Phil. Before and during the pregnancy and immediately after the birth of the child so
they allowed the child to undergo DNA test. But not the fact of filiation. Only that
the child was allowed to undergo dna test, the court did not say that the child
belongs to the illicit relationship.
Fernandez
What were the proofs? Pictures/ photographs, BC, baptismal cert, testimony of the
priest. Photographs hearsay. Baptismal and BC absence of participation of the
father on the prep of the docs. Testimony of priest he was coached by the mother
and in fact pointed to the alleged father.
Labagala
ITR
Fernandez
Application for back pay a public doc. But not considered bcoz it was executed not
to admit filiation of the child
Locsin
2 BC with differing entries esp in the box relating to the informant as to the birth of
the child. As bet the 2, which shall prevail? The one coming from the Civil registrar
general. Why? (Find out!)
Bernabe vs. alejo
The child born under the Civil code but the father died under the family code. So the
mother in behalf of the child filed this petition for recognition and share in the
estate of the father. This was opposed by the legitimate child of the alleged father
claiming that it is already barred by reason Art. 175 which provides that if one
merely availed of the secondary proof, this must be made during the lifetime of the
putative father. Yet, the court allowed the petition to prosper. Why? Bcoz, this is
governed by art. 285 of the civil code granting him 4 years after attaining the age of
majority to file a petition for recognition of illegitimate filiation. Art 285, a
substantive law that cannot be taken away by the passage of the family code.
Dela rosa vs. VDA de damian
Open and continuous possession of a status of a legitimate child and voluntary
recognition through school report card and the obituary. 1 st merely a mode to
compel recognition on the part of the putative father and is to be brought both
during the lifetime of the father and the lifetime of the child. 2 nd not signed by the
father himself. 3rd- should have been the orig. manuscript with the fathers
signature.
Verceles vs posada
Why did the court appreciated the letter and the picture? With the handwriting. It
cannot be denied that it was written by mr. verceles. As well as the admission on
the motion.

romero vs singson
that no suit bet members of the family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a compromise have
been made => no longer jurisdictional, merely waivable by the respondent
respondent should file a motion to dismiss
ruling of the court in bell sr
what must be proven by the judgement debtor to prevent levy on the home? and
what facts must be established by the creditor to levy the family home?
only children at the time of conception

Chapter 4.
Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents
who, at the time of the conception of the former, were not disqualified by
any impediment to marry each other may be legitimated
M and F - no impediment at the time of conception the child will be legitimated
EVEN if subsequent to that the father marries another woman at the time of the
birth (A)
A died. F married M so the child is legitimated. because at the time of conception of
the child there was no impediment
OR by virtue of RA 9858
that amended art 177 if the only impediment is the age of the parties at the time of
conception.
suppose m and f marries at the time they were both 17, a child is born - what is the
status of the child -illegitimate
then at age 20 they married, what is the status of the child = legitimated
do u understand?
EVEN IF THE MARRIAGE IS ANNULED that will not affect the legitimation of the child
never confuse legitimate from legitimated ha, because a child by fiction of law who
actually is suppose to be illegitimate becomes legitimated by the subsequent valid
marriage of the parents.
it is by fiction of law that the child is legitimated
and of course it will retroact from the birth of the child
not from the time of the marriage of the parents
if the child dies it will benefit the heirs.

Legitimation of the child may also be impugn

-one of the ground would be that the child actually is not the child of the parents
who subsequently married
and that the child is not actually that of the father
would that apply to bbb(father) vs aaa(mother)
canbbb impugn ccc(child of mother)? NO it is only the HEIRS that are given the right
to impugn legitimation of the child
mayddd(child of bbb and aaa) and eee(child of bbb and aaa) impugn the
legitimation of ccc? Yes because they are the ones who will be prejudiced.
Take note of the prescriptive period of 5 YEARS
Most of the prescription of the fc are 5 years except for impugning the legitimacy of
the child 1-2-3
ADOPTION
3 laws on adoption
But of course most of the provisions of adoption of the fc have been repealed by ra
8552 except art 190
But 190 applies if the child dies intestate. Because if the adapted child left a will
then the provisions of the will shall goven in the distribution of the estate of the
adopted child.
Ra 8043 limited in application
Only for phil but must be permanently residing abroad
Or a foreigner who has not met residency requirement of 3 continuous years prior to
and after the grant of decree of adoption
While the family code disqualifies foreigners 8552 now allows foreigners to adopt fil
children
But in 8043 (INTER- COUNTRY ADOPTION ACT june 7, 1995)
thereq are more stringent than that of 8552 because aside from the diff of the age
of 16 years between the child and that of the adopting parent
-The adopting parent must be at least 27 eyars of age
-if the adopting parent has children OVER 10 years of age whether legitimate or
adopted the consent must be in the form of a SWORN statement not only in writing
-age of the child to be adopted must be BELOW 15 at the time of the filing of
adoption.
(IBUTANG NA SA HUNAx2 HA)
Ra8552 (DOMESTIC ADOPTION ACT FEB 25,1998)
Foreigners are already allowed to adopt subject
But if one is a former Filipino what happens to the residency req?

the requirements on residency and certification of the alien's qualification to adopt in his/her country
may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or

And of course there is that trial custody of 6 months. Is that also followed in 8552?
Yes
Ra8552 (diff of fc)
If the spouses are LEGALLY separated they dont have to jointly adopt(not just
separated in fact)
What more?
On recision of decree of adoption which is no longer allowed by the part of the
adopting parents it is only the child who can rescind the decree of adoption
Suppose the child was adopted by
A was adopted he is illegitimate child of m and f
He was adopted by b his maternal grandparent
A died without a will survived by b and m the biological mother
How shall the estate of A be distributed?
ART 190 no 2
Even if the mother is an illegitimate parent the mother is still entitled to the
estate of A
A was adopted by x an aunt
A died without a will
Survived by x the adopter and p his grandma but not legally married to f his
grandfather who predeceased a
How shall the property of a be distributed?
SI x lng mag inherit
What does the law require? LEGITIMATE ASCENDANTS
ART 190
You think na flowerx2 lngung legitimate there is a reason why legitimate is there
But for parents may be (legitimate or illegitimate)
Why dont chu read 8552

There is that iron bar rule

In the case ofarado vs alcoran
The grandmother cannot give the child anacleto a share because of the fact that
anacleto is aillegitimate child of Nicholas
That iron bar rule is still good law
That a legitimate cannot inherit from an illegitimate and vice versa.
Dont bother with castro
SUPPORT
Comprises everything that is indispensable for sustenance bulding
Based on the financial capacity of the family, no longer based on the social position
There are 8 characteristics
You are included even beyond the age of majority,Support can still be demanded
Who are obliged to support each other? 195
1)spouses
2)legitimate ascendants and descendants
3) parents and their legitimate children and the legitimate and illegitimate children
of the latter
4) parents and their illegitimate children and the legitimate and illegitimate children
of the latter
5) legitimate brothers and sister, whether of full or half-blood
But if 2 or more are obliged to give support follow art 199
This is important for the purpose of the cases. When the parents themselves are
unable to provide support for the child.
If 2 or more persons are obliged to give support
General rule is the spouse is given preference unless the other person is entitled to
receive support is a child under parental authority then the child shall be preferred
over the spouse
What is the option of the person to give support?
1)
2)to receive and maintain the child In the
When shall it be given?
Judgements on support are final and executory.
Never fixed because it is subject to the financial resources of the obligor and the
necessity of the obligee
Can it be the subj of compensation or offsetting? NO
Even if is received in advance and the person entitled to receive support dies. Are
the heirs obliged to return? NO

De asis vs ca
This refers to renunciation, the agreement of both dismissal and counterclaim
Court says this is akin to a renunciation of the child to receive support that cannot
be allowed, it is void
Gan vs reyes
This refers to the judgement of support becoming final and executory.
Mangongon vs ca. ive asked that so forget it
Lim vs Lim.
AY tatloang issues doon
That is should be limited only to the financial capacity to the person obliged to give
support
And because Edward earns only 6k and that should only be the amt given to the
child
#2 issue
The grandparents are only obliged only to give support in the event of default of the
parents or inability of the parents to provide support
#3
If they are liable for support can they exercise the option under art 204?
Dolina vs Vallecera
Ito ung petition under ra 9262, but actually it involved a prayer for the support of
the child,
And that is why the court dismissed it upon the motion of the respondent
Because before support can be given there must be 1 st recognition
And if the court recognition support follows as a matter of law and right
BBB vs AAA
Application of the principle of estoppel
The child was legitimated even if BBB was aware that CCC was not his biological
child
So the court said you are estopped from claiming otherwise
You are obliged to give support.
Parental Authority
Who shall exercise parental authority? Mother and father shall jointly
In case of disagreement? The fathers decision shall prevail

Take note when we talk of administration of parental authority/ property of the

unemancipated child FATHERS decision shall prevail
Important article Art 213
Especially the last paragraph
Art. 213. In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court. The Court shall take into account all
relevant considerations, especially the choice of the child over seven years of age,
unless the parent chosen is unfit.
anoang default custodial proceedings?
Dacasin vs dacasin default custodial regime in child custody proceedings?
What is the default standard on child custody proceedings
There is a difference ha,

default custodial regime -> in the second paragraph of Article 213

of the Family Code vesting on respondent sole custody of
Stephanie. (maternal preference)
default standard on child custody proceedings -> the best interest
of the child
who cannot be compelled to testify against ascendants?
A child cannot be compelled to testify against ascendants? FALSE
against only parents and grandparents
No child can be forced to testify against his parents and
grandparents? FALSE in a criminal case. Indispensable in a
criminal case against the child to parent or spouses(filial
privilege)
Substitute parental authority
Who exercise substitute parental authority?
Take note with respect to the siblings what the law says . OVER 21
years of age the same holds true for 3rd persons or childs actual
custodian.
What about special parental authority? Who exercises?
Teachers, school, administrators,

Can special authority and authority be exercise at the same time?

Yes , but not substitute and parental authority this cannot be
exercised at the same time.
What will be the liability of the school?
Principal and solidary,
Parents or guardiands? Subsidiary
Defense? The good father of the family in the absence of any
agreement to the contrary.
When shall parents be liable for the tort commited by the child
even if the child is between the age of 18- 21? Living in their
company and under their parental authority
Defense? Diligence of a good father of the family
Property of the unemancipated child
Does the law require that the parents to become the
administrator over property of the unemancipated child have to
obtain a court decree? NO, the law presumes already
But what does the law require if the value or the income of the
property exceeds 50,000 pesos?
To furnish a bond not less that 10 percent of the value or annual
income.
What is the purpose of the bond?
What law will govern if the guardian or the administrator of the
property? ART 225 of the fc
-under substitute parental authority
-guardian is a stranger
-parent has remarried
3 instances where the ordinary rules of guardianship that would
govern over the prop of the child.
Forgot to discuss Bartolome vs sss

You read it because of the ruling of the court it says that there
was no revival of the parental authority, there was no recision of
decree of adoption
The biological mother merely took back the child after the death
of the adopter
How did the rule court on it?
In relation of art 229 revival of pa
Upon adoption of the child there is recision of the decree of the
adopting parent? False, must be by the child
One of the effects would be to return the child to the biological
parents but there must still be revival of parental authority.
When is pa automatically reinstated without need of court
decree?
Sentenced to a penalty with civil interdiction
When is there permanent deprivation of pa? sexual assault
Req summary proceedings
-judicial authorization for purposes of alienation, encumbrance of
either cpa, acp and the consent of one of the spouses cannot be
obtained
- delivery of presumptive legitime
- declaration of presumptive death
- fixing of the family domicile
- art 73, 96, 225,
What happens to these decisions rendered by the court?
Immediately final and executory.
There can be no appeal
On emancipation,236 in rel 221
Do you remember?
Art 221
Exeption, parents are still liable for acts done by their child even if
the latter be 18-21 yrs old, provided that child is still living in their
company

Defense
1) Observance of diligence under the circumstances like the
diligence of a good father of a family
2) The child is not under their parental authority and
3) The child does not live in their company
3rd part
Foster parent authority
License Good for 3 years, only the dswd can terminate the FPA
What about aliens?
Of course they are qualified to become a foster parent. The only
requirement of the alien is to continuously live in the phil for at
least 12 months
Iyanlngang requirement ha
But there is another kind of fosterage, the long term foster parent
authority which is for 7 years.
If the foster parent will avail of the ltfpa it doesnt necessarily
follow that the foster parent will have to adopt the foster child, no
requirement
However in this particular situation whereby the foster parent can
terminate at will or rescind the ltfpa subject to consequences
mentioned in the law that the child has yet to finish tertiary
education then based on the financial capacity then the child
should continue to go to the school where he is use to as well as
the kind of environment or life that he had like material things
that he had should still be given to the child despite the
revocation of the ltfpa
If the foster parent decides to adopt the child what are the laws
that would govern?
It depends on who would be the foster parent who would adopt
the child it might be 8552 or 8043
But take note if it is the foreigner who wishes to adopt the child
then you remember the requirements under 8043( limited in
nature it only applies to foreigners permanantly living abroad or
filipinos permanently living abroad)
what are the basic requirements you should remember?

-27 years of age aside from the gap of 16 years bet the adopter
and adoptee
-must be permanently residing abroad
-essential requirements : age of child 14 and below AT THE
TIME OF FILING the petition, not at the time that the child had
become the foster child of the foster parent who is an alien.
-another important req: if the adopting parent has children 10
years or over the requirement of the consent is in the form of
a sworn statement
(c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn statement;

compare with 8552

Section 9. Whose Consent is Necessary to the Adoption. After being properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of
the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any;
and
(e) The spouse, if any, of the person adopting or to be adopted.

If the foster parent get the ltfpa then he would qualify for 8552
kay ang ltfpa is 7 years, whereas ang fpa is 3 years.
If the foreigner decides to adopt the child and had been staying in
the phil for 7 years for as long as the child is below 15, then he
can avail of the adoption in 8552
8043- need not file the petition in the phil, can file with the
intercounty adoption board of the county where the adopting
parent is residing
where will you file the petition?
the family court in the phil
or if it is 8043 the intercountry adoption board of the country
where the parent or the adopting parent is residing
8552

-residency requirement of 3 years

What are the other requirements for one to become a foster
parent?
The child must be enrolled in the PHILHEALTH, and if the parent is
not a member of the philhealth he must enroll
what are the benefits accorded to the foster parent?
There is financial assistance by the gov, but this may be waived if
the foster parent is capable,
But that financial asst in the event it is received by the foster
parent, is not meant for the foster parent it is meant for the foster
child.
Gotardo vs buling.
The fact that the child calls the father papa or the person papa, or
allows the child to call him papa or allows the child to go on
vacation with him does not mean that the father had already
recognized the child.
because recognition of filiation is based on art 172 p 1 and 2 and
you are the illegitimate child art 175 in rel to 172
so those are just merely act that maybe considered by the alleged
father, but does not mean admission
there must be a positive act like acknowledging the child in a
public document or private handwritten instrument and signed by
the father concerned if that is the lone evidence ( dela cruz vs
gracia )
art 167 ha
that even if the mother has been sentenced as an adulteress or
has claimed against the legitimacy of the child, the child is still
presumed to be legitimated
because that claim by the mother might be just out of anger.
surnames
now adopted children shall use the surname of the adopting
parent

-so if the adopting parent was single at the time of the adoption
the surname of the adopting parent shall be used by the adopting
child
suppose it was a woman who adopted the child, single at the time
of the adoption then the family name or the surname of the child
shall that of the adopting parent
and if the adopting parent marries but the spouse did not adopt
the child , then the child will continue using the surname of the
adopting parent and the adopting child is a stranger vis a vi the
spouse of the adopting parent
always remember that the fiction of law created is just between
the adopted child and the adopting parent and immediate
collateral relatives like the brothers and sisters and the children of
the adopting parent BUT NOT the illegitimate child of the adopting
parent.
do you remember? the illegitimate child because? they are
allowed to marry each other.
legitimate/ legitimated children shall bear the surname the father
and the mother,
that illegitimate child shall bear the surname of the mother but
because of ra 9255 the illegitimate child IF recognized by the
father MAY use the surname of the father (now forget the case of
grande vs antonio that came out in my final exams last year, but
for purposes of baka may gawin akong case that it may still apply
9255 in rel to art 176) ;) ITO NAA!!
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and
shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of onehalf of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing
successional rights shall remain in force.

now married women.

the married woman has the option whether or not to use the
surname of the husband under the following cases.
and of course art 370
if she would opt to using her middle name before the marriage or
surname before the marriage then that is allowed
but because of the case of remo vs sec. of dfa

she cannot revert to her middle name if she has already started
using the surname of the husband.
because always remember the use of the surname is only a
privilege and not a right
now annulment
the general rule is that the wife may continue using the surname
of the husband
unless the court decrees otherwise or that both have been
already remmarried to another person
but there is this absolute requirement whereby the woman is to
revert to her former surname prior to the marriage that is if she is
the guilty party in the annulment
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent
spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife

SHALL continue using her name and surname employed before the legal separation.

art 376 this is the more important provision

that no person can change his name or surname without judicial authority in
relation to ra 9048 and 10172
9048 is limited because it would only apply to change of name or nickname
and there are how many grounds? 3 grounds where the court allows the child
to change his name or nickname
and this can only be availed of once
and where can it be filed? before the office of the local registrar where the
record is kept.
but it may be filed where the petitioner is residing if going back to the place
where the record is kept would become very expensive on the part of the
petitioner
so it can be filed with the nearest civil registrar of the place where he is
residing and in fact if he has already gone abroad then the nearest consular
office.
the decision of the civil registrar or the consular official that granted the
change of name or nickname has to forward that to the office of civil
registrar general which is given by under the law 10 days in which to impugn
the decision of the local civil registrar or consular official on what grounds?
that the change is substantial

because what are those that cant be covered by 9048

-nationality
-sex
-status
because these are substantial in nature so it cannot be included in ra 9048
but 9048 had been amended ra 10172 this time it already includes the
change in the gender as well as the date of birth of the person.
10172 now allows the change of gender but for purposes for the change of
gender aside from the normal requirements stated in 9048
the law also requires what? certification from a government physician that
the petitioner has not undergone sex reassignment.
another would be? oldest school records or medical records
this is the same requirement but not on the certification coming from a
certified public physician
but on change on date of birth you attach to the petition aside from the other
requirements the oldest school records or medical records or religious
records for the purposes of change of the date of birth
gen rule: no change of name or surname without judicial authority
but because of ra 9048 and ammended by 10172 the law now allows and it
ceases to become judicial in nature, it becomes an administrative act. it
becomes administrative in nature
so all you have to do is to file that with the local civil registrar no longer with
the courts
there is still that requirement of having to publish it for once a week for 3
consecutive weeks in a newspaper of general circular
the purpose of which is to inform the public in general that there is this
person who has to change his name or surname or the gender or the date of
birth
Absences
what you should remember would be art 390 and 391
the purpose for declaration of absence judicial decree of absence under this
particular chapter is only for administration
this is different from art 41 of the fc
because the declaration of absence under this chapter is only for
administration of the property of the absentee spouse
where the preference would be the spouse present unless legally separated
period to file declaration of absence is 2 years if he did not appoint any
administrator over his property prior to his absence
5 years if he had appointed prior to the departure

and if he would return, he gets the property in the condition it is found not at
the time of disappearance
what about the fruits and income already received ? in good faith shall be
retained by the party or the parties who have the received the property there
is no obligation to return it.
when is a person deemed to have died in art 390? on the last day of the 7th
year
what about under art 391? on the first day that he disappeared but after 4
years. but after 4 years he has already presumed to have died on the day
that he disappeared.
lets go to the civil register
what are those important provisions here, what are those found in the civil
register and of what value are the entries in the civil register
these are public documents and shall be presumed prema facie presumed of
the facts contained therein.
what will be the liability of the civil registrar for unauthorized alterations?
Civilly liable
defense: diligence required under the circumstances (art 411)
then the value of the books (410)
and thus pursuant to 410 in the case of iwasawa vs gangan there is no need
to present the nationalistics statistics office from where the certifications
were obtained.
where he presented 2 sets of marriage contracts and the death certificate of
the husband of gangan the 1st husband
where it was proven that at the time of the marriage of iwasawa and gangan
there was already a prior subsisting marriage between gangan and arambulo
that only .....???(1 03 00) civil registar changed and corrected without the
judicial order in relation to this is ra9048 10172
in rep vs cagandagan
the basis for the grant of petition for change of name and gender is the fact
that cagandahan is suffering from congenital andrenal hyperplasia.(born
intersex)
basis here is more compassionate of nature.
corpus vs sto thomas
issue: the fact that the court recognized the decree of divorce sufficient to
cancel the entries?

NO, there must be a petition to for the cancellation of entries in the books of
the civil register
rep vs olaybar
petition of merlinda - cancellation of entries because acc to her she never
married the korean
and was proven by the testimony of the court employee who said that there
was indeed one merlyna olaybar but it was not the same person merlynda
olaybar who was at the time of solemnation of marriage
and also signature was falsified.
according to the court this is not a circumvention of declaration of nullity of
marriage because there was really no marriage celebrated.
use of the surname of the child is NOT for the best interest of the child.