PERSONS AND FAMILY RELATIONS_FINALS
ILLEGITIMATE CHILDREN Baluyot vs Baluyot
Rosendo Herrera vs Rosendo Alba (also in Proof of
Filiation)
 As ruled in Pp vs Vallejo, DNA can be used in
determining the paternity and used as
evidence, if the result is 99.99%.
In the Matter of the Adoption of Stephanie Nathy
Astorga Garcia
Can an illegitimate child use the surname of her
mother as her middle name when she is subsequently
adopted by her natural father?
 Yes. There is no law regulating the use of a
middle name. The drafters of the Family Code
recognized the Filipino custom of adding the
surname of the child’s mother as her middle
name. Moreover, it is to preserve and maintain
filiation with her natural mother because she
remains to be an intestate heir of the latter.
 RA 8552 (Domestic Adoption Act) – rights of
legitimate are extended to adoptees.
Locsin vs Locsin
 A birth certificate not signed by the alleged
father (who had no hand in its preparation) is
not competent evidence of paternity.
 A birth certificate is a formidable piece of
evidence prescribed by both the Civil Code
and Art 172 of the FC for purposes of
recognition and filiation. However, birth
certificate offers only prima facie evidence of
filiation and may be refuted by contrary
evidence.
Vda. De Alberto vs CA
 GR: The action for recognition of a natural
child may be brought only during the lifetime of
the presumed parent.
o XPN: If the presumed parent died
during the minority of the child, the
latter may file the action within 4 years
from the attainment of majority.
 XPN to the XPN: However, if
the minor has a guardian,
prescription runs against him
even during his minority (art.
1108, NCC). In such case, the
action for recognition must be
instituted within 4 years after
the death of the natural father.
 Case: The alleged father died on July 3, 1949.
The complaint for acknowledgment and
partition was filed 11 years later. Hence,
prescription has set in.
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 An illegitimate child may be entitled to
successional rights by proving his filiation,
which may be established by the voluntary or
compulsory recognition of the illegitimate child.
 Two modes of acknowledgment:
o Art. 278, NCC – Voluntary recognition
(incidental) – made in the record of
birth, in a will, a statement before the
court of record, or in any authentic
writing. (*NOTE: the rule of liberality
may only be applied to voluntary
recognition)
o Art. 283, NCC – Compulsory
recognition (direct, express) – the
father is obliged to recognized the
child as his:
 in cases of rape, abduction or
seduction, when the period of
the offense coincides more or
less with that of the
conception;
 continuous possession of the
status by the direct acts of the
alleged father or his family;
 child was conceived during
the time when the mother
cohabitated with the alleged
father;
 any other evidence to prove
that he is the alleged father.
Diaz vs IAC
 Iron curtain rule – Art. 992, CC: An Illegitimate
child has no right to inherit ab intestate from
the legitimate children and relatives of his
father or mother; nor shall such children or
relatives inherit in the same manner from the
illegitimate child.
Grande vs Antonio
 Art. 176, FC:
o GR: Illegitimate children shall use the
surname and shall be under the
parental authority of the mother.
 XPN: The I.C. may use the
surname of the father in case
of express recognition of the
latter through the record of
birth appearing in the civil
register, or when an
admission in a public
document or a private
handwritten instrument.
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PERSONS AND FAMILY RELATIONS_FINALS
Compulsory Recognition
Bernabe vs Alejo
 Art. 285, NCC: The action for the recognition
of natural children may be brought only during
the lifetime of the presumed parents, except in
the following cases:
o If the father died during the minority of
the child – 4 years from the attainment
of his majority;
o If after the death of the father/mother,
a document should appear of which
nothing had been heard and in which
either or both parents recognize the
child – 4 years from the finding of the
document.
 Art. 172, FC: The filiation of legitimate children
is established by any of the following:
o Record of birth
o Admission of legitimate filiation in a
public document, or a private
handwritten instrument and signed by
the parent concerned
Absence of the following shall be proved
by (during the lifetime of the alleged
parent):
o Open and continuous possession of
the status of a legitimate child; or
o Any other means allowed by the Rules
of Court and special laws.
 Art 173, FC: I.C. may establish their legitimate
filiation in the same way and on the same
evidence as L.C.
 Prior to the enactment of the FC, Art 285 of
the CC had already vested Adrian’s right to an
action for recognition, therefore, the FC cannot
be applied retroactively because it will impair
vested or acquired rights (Art. 255, FC).
LEGITIMATED CHILDREN
Abadilla vs Tagbiliran Jr.
 Legitimation is limited to natural children and
cannot include those born of adulterous
relations
 Art 177, FC: 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.
 Despite his subsequent marriage to Priscilla,
the three children cannot be legitimated nor in
any way be considered legitimate since at the
time they were born, there was an existing
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valid marriage between respondent and his
first wife, Teresita.
ADOPTION
Domestic Adoption
Lahom vs Sibulo
 GR: Adopters cannot rescind the adoption, but
may disinherit the adoptee for causes
provided in Art 919 of the Civil Code.
o XPN: Adoption may be rescinded on
any of the ffg grounds committed by
the adopter (Sec. 19, Art. VI, RA
8552):
 Repeated physical and verbal
maltreatment by the adopter
 Attempt on the life of the
adoptee
 Sexual assault or violence
 Abandonment and failure to
comply with parental
obligations.
Intercountry Adoption
Republic vs Alarcon Vergara
 Art. 184, FC: The following persons may not
adopt:
o An alien, except:
 A former Filipino citizen who
seeks to adopt a relative by
consanguinity;
 One who seeks to adopt the
legitimate child of his or her
Filipino spouse;
 One who is married to a
Filipino citizen and seeks to
adopt jointly with his or her
spouse a relative by
consanguinity of the latter.
 Art. 185, FC: Husband and wife must adopt,
except in the following cases:
o When one spouse seeks to adopt his
own legitimate child;
o When one spouse seeks to adopt the
legitimate child of the other.
 Since Samuel is an American, therefore, he is
disqualified from adopting because he does
not fall under any of the three exceptions laid
down in Art. 184, FC. Although he seeks to
adopt his wife’s younger brother and sister, he
is not married to a Filipino citizen, since
Rosalina was already a naturalized American
at the time the petition was filed. Rosalina, on
her own, cannot adopt her brother and sister
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PERSONS AND FAMILY RELATIONS_FINALS
for the law mandates joint adoption by
husband and wife, subject to exceptions.
Lazatin vs Campos
 There was no court decree of adoption.
Absence of a record of adoption, presumes of
its non-existence.
 Absence of proof of such order of adoption by
the court cannot be substituted by evidence
that a child has lived with a person, not his
parent, and has been treated as a child to
establish such adoption.
Cervantes vs Fajardo
 Cases involving the custody, care, education,
and property of children, the latter’s welfare is
paramount.
 The adopter must prove that he has the
capacity to adopt. The adopter must be
morally, physically, financially, and socially
capable of supporting the minor.
Republic vs CA & Bobiles
 Before: PD 603 – a petition for adoption may
be filed by either of the spouses or by both of
them.
 Present: Family Code – joint adoption by
husband and wife is mandatory.
Can the FC be given retroactive effect if the case was
filed before the FC took effect?
 Art. 256, FC provides for the Code’s
retroactive effect provided that it will not
prejudice, or impair vested or acquired rights
in accordance with the Civil Code or other
laws.
 Under PD 603, respondent had the right to file
a petition for adoption by herself, without the
joining of her husband. She was exercising
her explicit and unconditional right under said
law.
 Therefore, FC cannot be given retroactive
effect.
Sayson vs CA
 An adopted child shall be deemed to be a
legitimate child and have the same rights as a
legitimate child; however, these rights do not
include the right of representation.
 The relationship created by the adoption is
between only the adopting parents and the
adopted child and does not extend to the
blood relatives of either party.
3
 Therefore, since Delia and Edmundo are
adopted children of Teodoro and Isabel, they
are the latter’s exclusive heirs. However, they
do not have the right of representation in the
inheritance of the grandparents’ intestate
estate.
ART. 194, FC – SUPPORT
Spouses Lim vs Cheryl Lim
 Inability of the parents to support their children
shifts a portion of their obligation to the
ascendants in the nearest degree, both
paternal and maternal lines.
 The partial obligation of then extends only to
their descendants, that is, petitioner’s
grandchildren by blood.
 Cheryl’s right to receive support extends only
to her husband, arising from their marital bond.
Lacson vs Lacson
 Is Art. 203 applicable?
o Art. 203: The obligation to give
support shall be demandable from the
time the person who has a right to
receive the same needs it for
maintenance, but it shall not be paid
except from the date of judicial or
extrajudicial demand.
 The formal demand of the wife to her husband
for the support of their child is pointless, in the
face of the husband’ acknowledgment of and
commitment to comply with such obligation
through a note in his own handwriting.
PARENTAL AUTHORITY
Briones vs Miguel
 The mother has the sole authority over an
illegitimate child. She has the right to keep him
in her company. She cannot be deprived of
that right, and she may not even renounce or
transfer it.
 No child under 7 years of age shall be
separated from the mother, except when the
court finds cause to order otherwise.
In re: Habeas Corpus of Angelie Cervantes
 A decree of adoption has the effect of
dissolving the authority vested in natural
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PERSONS AND FAMILY RELATIONS_FINALS
parents over the adopted child. The adopting
parents have the right to the care and custody
of the adopted child and exercise parental
authority and responsibility over him.
 In case the adopting parent is the spouse of
the natural parent of the adopted, parental
authority shall be exercised jointly by both
spouses.
Unson vs Javier
 In controversies regarding the custody of
minors the sole and foremost consideration is
the physical, education, social and moral
welfare of the child concerned, taking into
account the respective resources and social
and moral situations of the contending parents.
In re: Thornton
Does the Court of Appeals has jurisdiction to issue
writs of habeas corpus in cases involving custody of
minors in the light of the provision in RA 8369 giving
family courts exclusive original jurisdiction over such
petitions?
 Yes, the CA should take cognizance of the
case since there is nothing in RA 8369 that
revoked its jurisdiction to issue writs of habeas
corpus involving custody of minors.
 The Family courts have concurrent jurisdiction
with the Court of Appeals and the Supreme
Court in petitions for habeas corpus where the
custody of minors is at issue.
 It prevents a situation where individuals who
do not know the whereabouts of minors they
are looking for would be helpless since they
cannot seek redress from family courts whose
writs are enforceable only in their respective
territorial jurisdictions. Thus, if a minor is being
transferred from one place to another, the
petitioner in a habeas corpus case will be left
without a legal remedy.
SUBSTITUTE AND SPECIAL PARENTAL
AUTHORITY
St. Mary’s Academy vs William Carpitanos
 Under Article 219 of the Family Code, if the
person under custody is a minor, those
exercising special parental authority are
principally and solidarily liable for damages
caused by the acts or omissions of the
unemancipated minor while under their
supervision, instruction, or custody.
4
 However, for petitioner to be liable, there must
be a finding that the act or omission
considered as negligent was the proximate
cause of the injury caused because the
negligence must have a causal connection to
the accident.
 In this case, the cause of the accident was not
because of the reckless driving of the
deceased, who was a minor at the time, but
the detachment of the steering wheel guide of
the jeep. The even over which petitioner
school had no control, therefore, petitioner is
not liable for the death resulting from such
accident.
Substitute Parental Authority (Art. 214, FC)
Leouel Santos vs CA
 Parental authority and responsibility are
inalienable and may not be transferred or
renounced except in cases authorized by law.
The right attached to parental authority, being
purely personal, the law allows a waiver of
parental authority only in cases of adoption,
guardianship and surrender to a children's
home or an orphan institution. When a parent
entrusts the custody of a minor to another,
such as a friend or godfather, even in a
document, what is given is merely temporary
custody and it does not constitute a
renunciation of parental authority. Even if a
definite renunciation is manifest, the law still
disallows the same.
 The law vests on the father and mother joint
parental authority over the persons of their
common children. In case of absence or death
of either parent, the parent present shall
continue exercising parental authority. Only in
case of the parents’ death, absence or
unsuitability may substitute parental authority
be exercised by the surviving grandparent.
 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
unfit or unsuitable may the grandparents
exercise substitute parental authority, a fact
which has not been proven in this case.
Vancil vs Belmes
Who between the mother and grandmother of minor
should be his guardian?
 Respondent, being the natural mother of the
minor, has the preferential right over that of
petitioner to be his guardian.
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PERSONS AND FAMILY RELATIONS_FINALS
 Petitioner, as the surviving grandparent, can
exercise substitute parental authority only in
case of death, absence or unsuitability of
respondent.
 Respondent failed to prove that petitioner
mother is unfit as guardian over the minor.
However, even assuming that respondent is
unfit as guardian of minor Vincent, still
petitioner cannot qualify as a substitute
guardian. Since petitioner is an American
citizen and has not set foot in the Philippines
and considering her old age and her
conviction of libel, will give her a second
thought of staying here. Indeed her coming
back to this country just to fulfill the duties of a
guardian to a minor for only two years is not
certain.
Bagtas vs Ruth Santos
 3 requisites in petitions for habeas corpus
involving minors:
o Petitioner has a right of custody over
the minor;
o Respondent is withholding the rightful
custody over the minor;
o The best interest of the minor
demands that he or she be in the
custody of the petitioner.
Special Parental Authority (Art. 216, FC)
St. Francis Academy vs CA
 In the case at bar, the teachers/petitioners
were not in the actual performance of their
assigned tasks. The incident happened not
within the school premises, not on a school
day and most importantly while the teachers
and students were holding a purely private
affair, a picnic. It is clear from the beginning
that the incident happened while some
members of the I-C class of St. Francis High
School were having a picnic at Talaan Beach.
This picnic had no permit from the school
head or its principal, Benjamin Illumin because
this picnic is not a school sanctioned activity
neither is it considered as an extra-curricular
activity.
 No negligence could be attributable to the
petitioners-teachers to warrant the award of
damages to the respondents-spouses.
 Petitioners Connie Arquio the class adviser of
I-C, the section where Ferdinand belonged,
did her best and exercised diligence of a good
father of a family to prevent any untoward
incident or damages to all the students who
joined the picnic.
5
 In fact, Connie invited co-petitioners Tirso de
Chavez and Luisito Vinas who are both P.E.
instructors and scout masters who have
knowledge in First Aid application and
swimming. Moreover, even respondents'
witness, Segundo Vinas, testified that
petitioners had life savers especially brought
by the defendants in case of emergency. The
records also show that both petitioners
Chavez and Vinas did all what is humanly
possible to save the child.
 While it is true that respondents-spouses did
give their consent to their son to join the picnic,
this does not mean that the petitioners were
already relieved of their duty to observe the
required diligence of a good father of a family
in ensuring the safety of the children. But in
the case at bar, petitioners were able to prove
that they had exercised the required diligence.
Hence, the claim for moral or exemplary
damages becomes baseless.
Salvosa vs IAC
WON petitioners can be held liable for damages under
ARt 2180 of the CC, as a consequence of the tortious
act of shooting another student with an unlicensed
firearm of Jimmy Abon?
 Art. 2180, CC, teachers or heads of
establishments of arts and trades are liable for
“damages caused by their pupils and students
or apprentices, so long as they remain in their
custody, 'so long as (the students) remain in
their custody means the protective and
supervisory custody that the school and its
heads and teachers exercise over the pupils
and students for as long as they are at
attendance in the school, including recess
time."
 Jimmy B. Abon cannot be considered to have
been "at attendance in the school," or in the
custody of BCF, when he shot Napoleon
Castro. Logically, therefore, petitioners cannot
under Art. 2180 of the Civil Code be held
solidarity liable with Jimmy B. Abon for
damages resulting from his acts.
 The record shows that before the shooting
incident, Roberto B. Ungos ROTC Unit
Commandant, AFP, had instructed Jimmy B.
Abon "not to leave the office and [to keep the
armory] well guarded." Apart from negating a
finding that Jimmy B. Abon was under the
custody of the school when he committed the
act for which the petitioners are sought to be
held liable, this circumstance shows that
Jimmy B. Abon was supposed to be working in
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PERSONS AND FAMILY RELATIONS_FINALS
the armory with definite instructions from his
superior, the ROTC Commandant, when he
shot Napoleon Castro.
PSBA vs CA
 Article 2180, in conjunction with Article 2176 of
the Civil Code, establishes the rule of in loco
parentis.
 In all such cases, it had been stressed that the
law (Article 2180) plainly provides that the
damage should have been caused or inflicted
by pupils or students of the educational
institution sought to be held liable for the acts
of its pupils or students while in its custody.
However, this material situation does not exist
in the present case for, as earlier indicated,
the assailants of Carlitos were not students of
the PSBA, for whose acts the school could be
made liable.
Libi vs IAC
 The parents are and should be held primarily
liable for the civil liability arising from criminal
offenses committed by their minor children
under their legal authority or control, or who
live in their company, unless it is proven that
the former acted with the diligence of a good
father of a family to prevent such damages.
 Under said Article 2180, the enforcement of
such liability shall be effected against the
father and, in case of his death or incapacity,
the mother. This was amplified by the Child
and Youth Welfare Code which provides that
the same shall devolve upon the father and, in
case of his death or incapacity, upon the
mother or, in case of her death or incapacity,
upon the guardian, but the liability may also be
voluntarily assumed by a relative or family
friend of the youthful offender. However, under
the Family Code, this civil liability is now,
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-
delicts committed by minors, the same rules
shall apply in accordance with Articles 2180
and 2182 of the Civil Code, as so modified.
Luna vs IAC
WON procedural rules, the duty of lower courts to
enforce a final decision of appellate courts in child
custody cases, should prevail over and above the
desire and preference of the child, to stay with her
grandparents instead of her biological parents who
had signified her intention to kill herself or run away
from home if she should be separated from her
6
grandparents and forced to live with her biological
parents.
 When a judgment of a higher court is returned
to the lower court, the function of the latter is
to issue the order of execution. It cannot vary
the mandate of the superior court, or examine
it, for any other purpose than execution.
 However, the claim that the child’s
manifestation that she would kill herself or run
away from home if she should be forced to live
with the private respondents is a supervening
event that would justify the cancellation of the
execution of the final judgment.
 Since in this case, the very life and existence
of the inor is at stake and the child is in an age
when she can exercise an intelligent choice,
the courts can do no less than respect,
enforce and give meaning to that choice and
uphold her right to live in an atmosphere
conducive to her physical, moral, and
intellectual development.
Lindain vs CA
WON judicial approval was necessary for the sale of
the minor’s property by their mother.
 Under the law, a parent, acting as merely the
legal administrator of the property of his child,
does not have the power to dispose of, or
alienate, the property of said children without
judicial approval.
 Art. 2032, NCC: The Court’s approval is
necessary in compromises entered into by
guardians, parents, absentee’s
representatives and administrators or
executors of decedent’s estates.
 The Court’s approval is indispensable
regardless of the amount involved.
CUSTODY
Espiritu vs CA
 GR: The law presumes that the custody is
best given to the mother.
o XPN: Cases involving custody and
support are not conclusive and can be
overcome by “compelling reasons.”
o Reasons are:
 Neglect
 Abandonment
 Unemployment
 Immorality
 Habitual drunkenness
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PERSONS AND FAMILY RELATIONS_FINALS
 Drug addiction
 Maltreatment of the child
 Insanity
 Affliction with a communicable
disease
 Below 7 years old – mother
 Over 7 years old – child has a choice, but
court is not bound.
 The court may exercise its discretion by
disregarding the child’s preference should the
parent chosen be found to be unfit, in which
instance, custody may be given to the other
parent, or even a third party.
Salientes vs Abanilla
 An action of habeas corpus may be resorted
to in cases where rightful custody is withheld
from a person entitled thereto.
 An issuance of an order for a writ of habeas
corpus is immediate regarding the temporary
custody or agreement.
Dacsin vs Dacsin
 An agreement by the parents for the joint
custody of their child while living separately is
void ab initio.
 It is contrary to law.
 Upon separation of spouses, the mother takes
sold custody of child. The law suspends the
joint custody regime for:
o Children under 7 years if age, of
o Separated or divorced spouses.
Gualberto vs Gualberto
 GR: 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.
No child under seven years of age shall be
separated from the mother, unless the court
finds compelling reasons to order otherwise.
 The so-called “tender-age presumption” under
Art. 213 of the FC may be overcome only by
compelling evidence of the mother’s unfitness.
 Crisanto cites immorality due to alleged
lesbian relations as the compelling reason to
deprive Joycelyn of custody.
 Sexual preference or moral laxity alone does
not prove parental neglect or incompetence.
Not even the fact that a mother is a prostitute
7
or has been unfaithful to her husband would
render her unfit to have custody of her minor
child. To deprive the wife of custody, the
husband must clearly establish that her moral
lapses have had an adverse effect on the
welfare of the child or have distracted the
offending spouse from exercising proper
parental care.
 It is not the lesbianism per se, but rather the
immorality, or immoral acts made.
CIVIL REGISTRY
Republic vs Valencia
 Rule 108 of the Rules of Court sets forth the
rules on cancellation or correction of entries in
the civil registry. It provides the procedure for
cancellation or correction of entries. The
proceedings may either be summary or
adversary.
 If the correction is clerical, then the procedure
to be adopted is summary.
 If it will affect the civil status, citizenship, or
nationality of a party, it is deemed substantial,
and the procedure to be adopted is adversary.
 Substantial errors in a civil registry may be
corrected through a petition filed under Rule
108, with the facts established and the parties
aggrieved by the error, availing themselves of
the appropriate adversarial proceeding.
 Rule 108 is summary in character but the trial
is adversary.
Labayo-Rowe vs Republic
Can a mother’s civil status be change from married to
single in her daughter’s birth certificate?
 No, because the change of her civil status
from married to single at the time of her
daughter’s birth, will change the status of her
child from legitimate to illegitimate. Therefore,
the child’s right to inherit from her parents
would be substantially impaired. Moreover,
she would be exposed to humiliation and
embarrassment resulting from the stigma of an
illegitimate filiation that she will bear thereafter.
Rommel Jacinto vs Republic
Can a change of name and sex as a result of sexual
reassignment be done?
 No. Before a person can legally change his
given name, he must present proper or
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PERSONS AND FAMILY RELATIONS_FINALS
reasonable cause or any compelling reason
justifying such change.
 Sec 4 of RA 9048 provides the grounds for
which change of first name may be allowed:
o Ridiculous;
o tainted with dishonor;
o extremely difficult to write or
pronounce;
o the new first name has been habitually
and continuously used and he has
been publicly known by that first name
in the community;
o the change will avoid confusion.
 Sexual reassignment is not a ground for
change of name.
 Likewise, there is also no law that authorizes
the change of sex by the same ground. The
determination of a person’s sex is made at the
time of his birth.
 The remedies that the petitioner seeks can
only be addressed by the legislature.
 If the ground for equity will be use, it will
change the law on marriage.
Republic vs Cagandahan
Can a change of name and sex as a consequence of
the medical condition be done?
 Yes, the court granted the petition.
 The medical condition known as CAH, makes
respondent genetically female but since her
body secretes male hormones, her female
organs did not develop normally and she has
two sex organs – female and male.
 Respondent’s uterus is not fully developed,
and that she has no monthly period.
Respondent’s condition is permanent.
FUNERALS
Eugenio Sr vs Velez
 If deceased was an unmarried man o woman
without a child, the duty of the burial shall be
given upon the nearest kin of the deceased
(Sec 1103, Revised Administrative Code).
 Common law spouses must not have legal
impediment.
Valino vs Adriano
8
 Art 305, CC: The duty and the right to make
arrangements for the funeral of a relative shall
be in accordance with the order established
for support, under 294.
o In case of descendants of the same
degree, or of brothers and sisters, the
oldest shall be preferred.
o In case of ascendants, the paternal
shall have a better right.
 Art. 199, FC: whenever two or more persons
are obliged to give support, the liability shall
devolve upon the following persons in order
herein provided:
o The spouse;
o The descendants in the nearest
degree;
o The ascendants in the nearest
degree;
o The brothers and sisters.
 Therefore, as applied in this case, Rosario,
being the surviving legal wife of Atty Adriano,
has the right and duty to make the funeral
arrangements. The fact that she was living
separately from her husband was in the United
States has no controlling significance.
SURNAMES
Naldoza vs Republic (supra)
WON two minors should be allowed to discontinue
using their father’s surname (due to the
embarrassment he caused to his family because of his
swindling) and should use only their mother’s surname
 No:
o Wrong party: should be the children
o Confusion of parentage
o Create impression of illegitimacy
o Reason by mother not allowed by
ROC
Johnston vs Republic
 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
adopted by the husband, which is not the case.
 Mere consent of the adopter’s husband did not
have the effect of making him an adopting
father, so as to entitle the child to the use of
his own surname.
 In order for the child to use his surname, he
should have been a co-petitioner.
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PERSONS AND FAMILY RELATIONS_FINALS
Llaneta vs Agrava
 Note: This case is an exception made by the
SC.
 Mere consent on the parties who were
supposed to opposed, the use of the surname
may be permitted. The change of surname
would also be for the best interest of the child.
 She can use the surname but without the
creation of legitimacy.
Telmo vs Republic
Can a wife change the spelling of her husband’s
surname, in order to distinguish her sons from the
illegitimate children of the relatives of her husband?
No. If she desires judicial authorization to change the
spelling of her husband’s surname, her husband
should initiate the proceeding. He merely consented,
but was not made co-petitioner.
Tolentino vs CA
Can the court compel the ex-wife to stop using the
surname of Tolentino as she was already divorced?
 There is no usurpation of the petitioner’s name
and surname in this case by the respondent
because petitioner failed to show that she
would suffer any legal injury or deprivation of
legal rights.
 Senator Tolentino’s commentary on Art. 370 of
the CC: “the wife cannot claim an exclusive
right to use the husband’s surname. She
cannot be prevented from using it; but neither
can she restrain others from using it.”
Legamia vs IAC
Can the mistress use the surname of Emilio Reyes? Is
there a violation of Commonwealth Act No. 142 (An
Act to Regulate the Use of Aliases) as usurpation of
the surname of the husband when in fact that they are
not married?
 Corazon had been living with Emilio for almost
20 years.
 He introduced to her to the public as his wife
and she assumed that role and his name
without any sinister purpose or personal
material gain in mind.
 There was no intent to cause damage to the
wife. She applied for death benefits not for
herself but for her son.
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
9
marriage, the status of the child would then be
illegitimate, as they were born out of wedlock.
 Art. 176, FC – illegitimate children shall use
the surname of their mother.
o Unless they follow RA 9255 (An Act
Allowing Illegitimate Children to use
the Surname of their Father).
Republic vs CA
Petitioner wanted to revert back to the surname of his
biological parents (Alcala) from the surname of his
adopted parents (Wong), because he is being
associated as a Chinese when in fact he is not and
also because he is living in a Muslim community.
 Allowed by SC but there is no revocation of
the adoption. Reason used: Embarrassment
 Purpose of the law for allowing change of
name:
o Opportunity to improve personality
o Provide for the best interest
 Change of Surname – Elements:
o Ridiculous, dishonorable, or extremely
difficult to write or pronounce;
o Legal consequence (i.e. legitimation)
o Avoid confusion
o Continuous used
o Unaware of her alien parentage
o Sincere desire to change – no
fraudulent purpose
o Embarrassment
Yasin vs Shraia’s District Court
 Shrai’a law – divorce is allowed
 The consequence of a divorce: wife reverts
back to her maiden name as her surname. No
need to file a case because it will result to a
superfluity.
Grande vs Antonio
Can the father compel his legitimate children to use his
surname upon his recognition of their filiation?
 No, the children have the discretion on what
surname they want to use. If minor, it is upon
the mother who has the sole parental authority
since they are illegitimate children.
 IRR of RA 9255  SHALL
 Law  MAY
o Art. 176, FC – illegitimate children
may use the surname of their father if
their filiation has been expressly
recognized...
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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

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