Civil Law and Practical Exercises Reviewer for the 2022 Bar

Tabl of Content Part I private laws;

2. Presidential decrees and executive orders promulgated
Preliminary Title 2
I Preliminary Title by the President in the exercise of legislative powers;

Persons and Family Relations 5 3. Administrative rules and regulations, if their purpose is
E ect and Application of Laws
to enforce or implement existing law pursuant also to a
Human Relations valid delegation.
Succession 59
4. The charter of a city;
A E ect and Application of Laws
Obligations and Contracts 81 5. The circulars issued by the Monetary Board, if they are
When does an ordinary law take effect? meant not merely to interpret but to " ll in the details" of
Sales 131 ART 2. Laws shall take e ect after fteen days following the the Central Bank Act which that body is supposed to
completion of their publication either enforce.

Lease 143 1. in the O cial Gazette OR When publication NOT required

2. in a newspaper of general circulation in the Philippines, 1. Interpretative regulations and those merely internal in
Partnership 146 unless it is otherwise provided. xxxx nature;

Is publication needed? 2. Letters of instructions;

Agency 159
3. Municipal ordinances are not covered by this rule but by
Tañada v. Tuvera the Local Government Code.
Credit Transactions 167
The clause "unless it is otherwise provided" refers to the date of The publication must be in full or it is no publication at all
e ectivity and not to the requirement of publication itself, which since its purpose is to inform the public of the contents of the
Torts and Damages 176
cannot in any event be omitted. This clause does not mean that the laws.
legislator may make the law e ective immediately upon approval, or
Property 185 on any other date without its previous publication. Publication is
indispensable in every case, but the legislature may in its discretion Fariñas v. Executive Secretary
Credit Transactions 221 provide that the usual fteen-day period shall be shortened or
extended. The "E ectivity" clause (Section 16) of Rep. Act No. 9006 which
provides that it "shall take e ect immediately upon its
Land Titles and Deeds 226 What needs to be published? approval," is defective.
1. All statutes, including those of local application and
Practical Exercises 241 Following Article 2 of the Civil Code and the doctrine enunciated in

By RGL 2 of 245
Civil Law and Practical Exercises
Tañada, Rep. Act No. 9006, notwithstanding its express statement,
took e ect fteen days after its publication in the O cial Gazette or
a newspaper of general circulation.
B Human Relations
Principle of Abuse of Rights
ART 19. Every person must, in the exercise of his rights and in
the performance of his duties,
a) act with justice,
b) give everyone his due, and
c) observe honesty and good faith.
The principle of abuse of rights sets certain standards which
must be observed not only in the exercise of one's rights but also in
the performance of one's duties.
When a right is exercised in a manner which does not conform
with the norms enshrined in Article 19 and results in damage to
another, a legal wrong is thereby committed for which the
wrongdoer must be held responsible.
But while Article 19 lays down a rule of conduct for the
government of human relations and for the maintenance of social
order, it does not provide a remedy for its violation. Generally, an
action for damages under either Article 20 or Article 21
would be proper.
Albetz Investment Inc. v. CA
The demolition complained of in the case at bar was not carried out
Reviewer
in a manner consistent with justice and good faith. At the instance of
petitioner, it was done in a swift, unconscionable manner, giving the
occupants of the house no time at all to remove their belongings
therefrom. No damage worth mentioning would have been
sustained by petitioner if their men, led by the Sheri , had been
instructed to allow said occupants to remove their personal
properties, considering that this would not have taken a considerable
length of time.
Velayo v. Shell Co. Phil.
The Defendant schemed and a ected the transfer of its credits (from
which it could derive practically nothing) to its sister corporation in
the United States where CALI's plane C-54 was then situated,
succeeding by such swift and unsuspected operation in disposing of
said insolvent's property by removing it from the possession and
ownership of the insolvent.
We hold Defendant liable to pay to the plainti , for the bene t of
the insolvent CALI and its creditors, as compensatory damages a
sum equivalent to the value of the plane at the time aforementioned
and another equal sum as exemplary damages.
Meralco v. CA
A prior written notice to the customer is required before
disconnection of the service. Failure to give such prior notice
amounts to a tort.
The prematurity of the action is indicative of an intent to cause
additional mental and moral su ering to private respondent. This is
By RGL
for the 2022 Bar
a clear violation of Article 21 of the Civil Code.
In the Manila Gas Corporation case, the Court held that
respondents’ default in the payment of his bills “cannot be utilized
by petitioner to defeat or nullify the claim for damages. At most, this
circumstance can be considered as a mitigating factor in
ascertaining the amount of damages to which respondent is
entitled.”
Go v. Cordero 2010
The failure of Robinson, Go, Tecson and Landico to act with
fairness, honesty and good faith in securing better terms for the
purchase of high-speed catamarans from AFFA, to the prejudice of
Cordero as the duly appointed exclusive distributor, is further
proscribed by Article 19 of the Civil Code.
The elements of abuse of rights are the following:
1) There is a legal right or duty;
2) which is exercised in bad faith;
3) for the sole intent of prejudicing or injuring another.
When Article 19 is violated, an action for damages is proper under
Articles 20 or 21 of the Civil Code. Article 20 pertains to damages
arising from a violation of law. Article 21 refers to acts contra
bonus mores and has the following elements:
1) There is an act which is legal;
2) but which is contrary to morals, good custom, public order,
or public policy; and
3) it is done with intent to injure.
3 of 245
 Civil Law and Practical Exercises
A common theme runs through Articles 19 and 21, and that is, the
act complained of must be intentional.
Cebu Country Club v. Elqueizaga
In rejecting respondent’s application for proprietary membership,
we nd that petitioners violated the rules governing human relations.
Petitioners committed fraud and evident bad faith in disapproving
respondent’s applications. This is contrary to morals, good custom
or public policy. Hence, petitioners are liable for damages pursuant
to Article 19 in relation to Article 21 of the same Code.
As to petitioners’ reliance on the principle of damnum absque
injuria or damage without injury, su ce it to state that the same is
misplaced. In Amonoy v. Gutierrez, we held that this principle
does not apply when there is an abuse of a person’s right, as in
this case.
Under Article 2219, moral damages may be recovered, among
others, in acts and actions referred to in Article 21.
Acts contrary to law done willfully or negligently causing
damage
ART 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the
latter for the same.
No right impaired, no basis for damages
Felipe v. Leuterio, et al.
Whether the courts have the authority to reverse the award of the board
of judges of an oratorical competition.
Reviewer
No rights to the prizes may be asserted by the contestants, because
theirs was merely the privilege to compete for the prize, and that
privilege did not ripen into a demandable right unless and until they
were proclaimed winners of the competition by the appointed
arbiters or referees or judges.
Error and wrong do not mean the same thing. "Wrong" as used in
the aforesaid legal principle is the deprivation or violation of a right.
Granting that Imperial su ered some loss or injury, yet in law there
are instances of "damnum absque injuria". This is one of them. If
fraud or malice had been proven, it would be a di erent proposition.
But then her action should be directed against the individual judge
or judges who fraudulently or maliciously injured her. Not against
the other judges. The judiciary has no power to reverse the
award of the board of judges of an oratorical contest.
University of the East v. Jader
May an educational institution be held liable for damages for
misleading a student into believing that the latter had satisfied all the
requirements for graduation when such is not the case?
YES. Educational institutions are duty-bound to inform the
students of their academic status and not wait for the latter to
inquire from the former. Want of care to the conscious disregard of
civil obligations coupled with a conscious knowledge of the cause
naturally calculated to produce them would make the erring party
liable. Petitioner’s liability arose from its failure to promptly inform
respondent of the result of an examination and in misleading the
latter into believing that he had satis ed all requirements for the
course.
By RGL
for the 2022 Bar
However, while petitioner was guilty of negligence and thus
liable to respondent for the latter’s actual damages, we hold that
respondent should not have been awarded moral damages.
At the very least, it behooved on respondent to verify for himself
whether he has completed all necessary requirements to be eligible
for the bar examinations.
Willful acts that are contrary to law causing damage to another
ART 21. Any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs
or public policy shall compensate the latter for the damage.
Breach of promise to marry, is it actionable?
"Mere breach of a promise to marry" is NOT an actionable wrong.
What kind of damage can be recovered?
Per express provision of Article 2219 (10) of the New Civil Code,
moral damages are recoverable in the cases mentioned in Article
21.
Cecilio Pe v. Alfonso Pe
The circumstances under which defendant tried to win Lolita's
a ection cannot lead to any other conclusion than that it was he
who, thru an ingenious scheme or trickery, seduced the latter to the
extent of making her fall in love with him. Defendant not only
deliberately, but through a clever strategy, succeeded in winning the
a ection and love of Lolita to the extent of having illicit relations
with her. The wrong he has caused her and her family is indeed
immeasurable considering the fact that he is a married man.
Verily, he has committed an injury to Lolita's family in a manner
4 of 245
Civil Law and Practical Exercises
contrary to morals, good customs and public policy as contemplated
in Article 21 of the new Civil Code.
Wassmer v. Velez
Hermosisima v. CA, as reiterated in Estopa v. Piansay, ruled that
"mere breach of a promise to marry" is not an actionable wrong.
This here is not a case of mere breach of promise to marry. To
formally set a wedding and go through all the above-described
preparation, and publicity, only to walk out of it when the
matrimony is about to be solemnized, is quite di erent. This is
palpably and unjusti ably contrary to good customs, for which
defendant must be held answerable in damages in accordance with
Article 21 aforesaid.
Gashem Shookat Baksh v. CA
Whether or not damages may be recovered for a breach of promise to
marry on the basis of Article 21.
Where a man's promise to marry is in fact the proximate
cause of the acceptance of his love by a woman and his
representation to ful ll that promise thereafter becomes the
proximate cause of the giving of herself unto him in a sexual
congress, proof that he had, in reality, no intention of marrying her
and that the promise was only a subtle scheme or deceptive device to
entice or inveigle her to accept him and to obtain her consent to the
sexual act, could justify the award of damages pursuant to Article 21
not because of such promise to marry but because of the fraud and
deceit behind it and the willful injury to her honor and reputation
Reviewer
which followed thereafter. It is essential, however, that such
injury should have been committed in a manner contrary to
morals, good customs or public policy.
Unjust Enrichment
Solutio Indebiti and Accion en rem verso
ART 22. Every person who through an act of performance by
another, or any other means, acquires or comes into possession
of something at the expense of the latter without just or legal
ground, shall return the same to him.
Requisites for an Accion in rem verso
a) Defendant has been enriched;
b) Plainti su ered a loss;
c) Enrichment of defendant is without just or legal ground; and
d) Plainti has NO other action based on contract,
quasi-contract, crime, or quasi-delict.
Even without fault one is liable for damages if benefited
ART 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence of
the defendant, the latter shall be liable for indemnity if
through the act or event he was bene ted.
Parens Patriae
Meaning of court’s vigilance for the protection of the poor
ART 24. In all contractual, property or other relations, when
one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender
By RGL
for the 2022 Bar
age or other handicap, the courts must be vigilant for his
protection.
Damages Against Public O cials and
for Unfair Competition
ART 27. Any person su ering material or moral loss because a
public servant or employee refuses or neglects, without just
cause, to perform his o cial duty may le an action for
damages and other relief against the latter, without prejudice
to any disciplinary administrative action that may be taken.
ART 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right of
action by the person who thereby su ers damage.
II Persons and Family Relations
Persons
Civil Personality
Use of Surnames
Entries in the Civil Registry and
Clerical Error Law
Absence
Civil Code Provisions
Presumptive death of absent spouse under the Family
Code
Marriage
5 of 245
Civil Law and Practical Exercises Reviewer for the 2022 Bar

Requisites of marriage Domestic Adoption (RA 8552) ART 41. For civil purposes, the foetus is considered born if it is
Exemption from license requirement Who may adopt alive at the time it is completely delivered from the mother's
womb.
Marriages solemnized abroad and foreign divorce Who may be adopted
However, if the foetus had an intrauterine life of less than
Void and voidable marriages Rights of an adopted child seven months, it is not deemed born if it dies within
Annulment under Article 36 Instances and e ects of rescission twenty-four hours after its complete delivery from the
maternal womb.
Legal Separation Inter-country Adoption (RA 8043)

Rights and Obligations Between Spouse When allowed Geluz v. CA

Property Relations Between Spouse Who may adopt Whether the husband of a woman, who voluntarily procured her
General provisions Who may be adopted abortion, could recover damages from the physician who caused the
same.
Donations by reason of marriage Support
NO. Since an action for pecuniary damages on account of personal
Absolute Community of Property Parental Authority
injury or death pertains primarily to the one injured, if no action for
Conjugal Partnership of Gains Emancipation such damages could be instituted on behalf of the unborn child on
account of the injuries it received, no such right of action could
Separation of property and administration of common Retroactivity of the Family Code
derivatively accrue to its parents or heirs. In fact, even if a cause of
property by one spouse during the marriage action did accrue on behalf of the unborn child, the same was
A Persons
Regime of separation of property extinguished by its pre-natal death, since no transmission to
anyone can take place from one that lacked juridical
Property regime of unions without marriage 1 Civil Personality personality.
Family Home
Natural Persons Recovery can not be had for the death of an unborn child. This is
Paternity and Filiation not to say that the parents are not entitled to collect any damages at
ART 40. Birth determines personality; but the conceived child
all. But such damages must be those in icted directly upon
Legitimate children shall be considered born for all purposes that are favorable to
them, as distinguished from the injury or violation of the rights of
Proof of liation it, provided it be born later with the conditions speci ed in the
the deceased, his right to life and physical integrity.
following article.
Illegitimate children
Commencement of civil personality Extinguishment of civil personality
Legitimated children
ART 42. Civil personality is extinguished by death.
Adoption

By RGL 6 of 245
Civil Law and Practical Exercises
The e ect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.
Rallos v. Felix Gochan & Sons Realty
Is the sale of the undivided share of Concepcion Rallos in lot 5983
valid although it was executed by the agent after the death of his
principal?
By reason of the very nature of the relationship between principal
and agent, agency is extinguished by the death of the principal or of
the agent. It follows a fortiori that any act of an agent after the
death of his principal is void ab initio unless the same falls under
the exceptions provided for in Articles 1930 and 1931.
Here, the agent, Simeon Rallos, knew of the death of his principal at
the time he sold the latter's share in Lot No. 5983 to respondent.
Thus, Article 1931 of the Civil Code is inapplicable.
People v. Tirol
Death extinguishes criminal liability. Civil liability however generally
subsists.
Dumlao v. Quality Plastic Product
As far as Oria was concerned, the lower court's judgment against him
in Civil Case No. T-662 is void for lack of jurisdiction over his
person. He was not, and he could not have been, validly served
with summons. He had no more civil personality. His juridical
Reviewer
capacity, which is the tness to be the subject of legal relations, was
lost through death.
ART 43. If there is a doubt, as between two or more persons
who are called to succeed each other, as to which of them died
rst, whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, it is presumed that
they died at the same time and there shall be no
transmission of rights from one to the other.
Juridical Persons
Kinds of juridical persons
ART 44. The following are juridical persons:
1) The State and its political subdivisions;
2) Other corporations, institutions and entities for public
interest or purpose, created by law; their personality
begins as soon as they have been constituted according to
law;
3) Corporations, partnerships and associations for private
interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each
shareholder, partner or member.
2 Use of Surnames
Legitimate and Legitimated Children
ART 364. Legitimate and legitimated children shall principally
use the surname of the father.
Alanis III v. CA 2020
By RGL
for the 2022 Bar
Reading Article 364 of the Civil Code together with the State's
declared policy to ensure the fundamental equality of women and
men before the law, a legitimate child is entitled to use the surname
of either parent as a last name.
Indeed, the provision states that legitimate children shall
"principally" use the surname of the father, but "principally" does
not mean "exclusively." This gives ample room to incorporate into
Article 364 the State policy of ensuring the fundamental equality of
women and men before the law, and no discernible reason to ignore
it.
Adopted Children
ART 365. An adopted child shall bear the surname of the
adopter.
Illegitimate Children
ART 368. Illegitimate children referred to in Article 287 shall
bear the surname of the mother.
Alba v. CA
Substantial corrections or cancellations of entries in civil registry
records a ecting the status or legitimacy of a person may be e ected
through the institution of a petition under Rule 108 of the Revised
Rules of Court, with the proper RTC. Being a proceeding in rem,
acquisition of jurisdiction over the person of petitioner is therefore
not required in the present case. It is enough that the trial court is
vested with jurisdiction over the subject matter.
An in rem proceeding is validated essentially through publication.
The absence of personal service of the order to Armi was therefore
cured by the trial court's compliance with Section 4, Rule 108,
7 of 245
Civil Law and Practical Exercises
which requires notice by publication.
Married Women
ART 370. A married woman may use:
1) Her maiden rst name and surname and add her
husband's surname, or
2) Her maiden rst name and her husband's surname or
3) Her husband's full name, but pre xing a word
indicating that she is his wife, such as "Mrs."
Remo v. Secretary of Foreign Affairs 2010
A married woman has an option, but not a duty, to use the
surname of the husband in any of the ways provided by Article
370 of the Civil Code.
The con ict between Article 370 of the Civil Code and Section 5(d)
of RA 8239 is more imagined than real. RA 8239, including its
implementing rules and regulations, does not prohibit a married
woman from using her maiden name in her passport. In fact, in
recognition of this right, the DFA allows a married woman who
applies for a passport for the rst time to use her maiden name. Such
an applicant is not required to adopt her husband's surname.
In the case of renewal of passport, a married woman may either
adopt her husband's surname or continuously use her maiden name.
If she chooses to adopt her husband's surname in her new passport,
the DFA additionally requires the submission of an authenticated
copy of the marriage certi cate. Otherwise, if she prefers to continue
using her maiden name, she may still do so. The DFA will not
prohibit her from continuously using her maiden name.
However, once a married woman opted to adopt her husband's
Reviewer for the 2022 Bar
surname in her passport, she may not revert to the use of her Change of Name
maiden name, except in the cases enumerated in Section 5(d) of RA
ART 376. No person can change his name or surname without
8239. These instances are:
judicial authority.
1) death of husband,
2) divorce, Republic v. Vicencio
3) annulment, or In Republic v. Hernandez, we have recognized inter alia, the
following as su cient grounds to warrant a change of name:
4) nullity of marriage.
a) when the name is ridiculous, dishonorable or extremely
Since petitioner's marriage to her husband subsists, she may not
di cult to write or pronounce;
resume her maiden name in the replacement passport. Otherwise
stated, a married woman's reversion to the use of her maiden name b) when the change is a legal consequence of legitimation or
must be based only on the severance of the marriage. adoption;
c) when the change will avoid confusion;
Legally Separated Wife
d) when one has continuously used and been known since
ART 372. When legal separation has been granted, the wife
childhood by a Filipino name and was unaware of alien
shall continue using her name and surname employed before
parentage;
the legal separation.
e) when the change is based on a sincere desire to adopt a
Laperal v. Republic Filipino name to erase signs of former alienage, all in good
faith and without prejudice to anybody; and
The language of the statute is mandatory that the wife, even after the
f) when the surname causes embarrassment and there is no
legal separation has been decreed, shall continue using her name and
showing that the desired change of name was for a
surname employed before the legal separation. This is so because her
fraudulent purpose, or that the change of name would
married status is una ected by the separation, there being no
prejudice public interest.
severance of the vinculum.
The touchstone for the grant of a change of name is that there be
Even, however, applying Rule 103 to this case, the fact of legal
‘proper and reasonable cause’ for which the change is sought. A
separation alone which is the only basis for the petition at
legitimate child generally bears the surname of his or her father. It
bar—is, in our opinion, not a su cient ground to justify a
must be stressed that a change of name is a privilege, not a matter
change of the name of herein petitioner, for to hold otherwise
of right, addressed to the sound discretion of the court.
would be to provide an easy circumvention of the mandatory
provisions of the said Article 372. More confusion with grave legal consequences could arise if we allow
By RGL 8 of 245
Civil Law and Practical Exercises
private respondent to bear her step-father’s surname, even if she is
not legally adopted by him. While previous decisions have allowed
children to bear the surname of their respective step-fathers even
without the bene t of adoption, these instances should be
distinguished from the present case.
In Calderon v. Republic, and Llaneta v. Agrava, this Court
allowed the concerned child to adopt the surname of the step-father,
but unlike the situation in the present case where private respondent
is a legitimate child, in those cases the children were not of
legitimate parentage.
Yasin v. Shari'a District Court,
Third Sharia Judicial District
When the marriage ties or vinculum no longer exists as in the case of
death of the husband or divorce as authorized by the Muslim Code,
the widow or divorcee need not seek judicial con rmation of the
change in her civil status in order to revert to her maiden
name as use of her former husband's is optional and not obligatory
for her. When petitioner married her husband, she did not change
her name but only her civil status. Neither was she required to secure
judicial authority to use the surname of her husband after the
marriage as no law requires it.
Usurpation of Name
ART 377. Usurpation of a name and surname may be the
subject of an action for damages and other relief.
Tolentino v. CA
Whether or not a woman who has been legally divorced from
Reviewer
her husband may be enjoined by the latter's present wife from
using the surname of her former husband.
There is no usurpation of the petitioner's name and surname in this
case so that the mere use of the surname Tolentino by the private
respondent cannot be said to have injured the petitioner's rights.
The following are the elements of usurpation of a name:
1) there is an actual use of another's name by the defendant;
2) the use is unauthorized; and
3) the use of another's name is to designate personality or
identify a person.
None of these elements exists in the case at bar and neither is there a
claim by the petitioner that the private respondent impersonated
her. In fact, it is of public knowledge that Constancia Tolentino is
the legal wife of Arturo Tolentino so that all invitations for Senator
and Mrs. Tolentino are sent to Constancia. Consuelo never
represented herself after the divorce as Mrs. Arturo Tolentino but
simply as Mrs. Consuelo David-Tolentino. The private respondent
has legitimate children who have every right to use the surname
Tolentino.
Ursua v. CA
The use of a ctitious name or a di erent name belonging to another
person in a single instance without any sign or indication that the
user intends to be known by this name in addition to his real name
from that day forth does not fall within the prohibition contained
in C.A. No. 142 as amended.
By RGL
for the 2022 Bar
Entries in the Civil Registry and
3 Clerical Error Law
R.A. No. 9048 as amended by R.A. No. 10172
Acts, Events and Matters to be Registered
ART 407. Acts, events and judicial decrees concerning the civil
status of persons shall be recorded in the civil register.
Civil Registrar's Books are Public Documents
ART 410. The books making up the civil register and all
documents relating thereto shall be considered public
documents and shall be prima facie evidence of the facts
therein contained.
Republic v. Olaybar 2014
Rule 108 of the Rules of Court provides the procedure for
cancellation or correction of entries in the civil registry. The
proceedings may either be summary or adversary.
1. If the correction is clerical, then the procedure to be
adopted is summary.
2. If the recti cation a ects the civil status, citizenship or
nationality of a party, it is deemed substantial, and the
procedure to be adopted is adversary.
Here, respondent sought, not the nulli cation of marriage as there
was no marriage to speak of, but the correction of the record of such
marriage to re ect the truth as set forth by the evidence. Otherwise
stated, in allowing the correction of the subject certi cate of
marriage by cancelling the wife portion thereof, the trial court
did not, in any way, declare the marriage void as there was no
9 of 245
Civil Law and Practical Exercises
marriage to speak of.
Republic v. Kho
What surfaces as an issue is whether the failure to implead Marivel
and Carlito's parents rendered the trial short of the required
adversary proceeding and the trial court's judgment void. Barco v.
Court of Appeals has ruled that the publication of the order of
hearing under Section 4 of Rule 108 cured the failure to implead an
indispensable party.
Onde v. The Office of the Local
2014
Civil Registrar of Las Piñas
Under Section 1 of R.A. No. 9048, clerical or typographical errors
on entries in a civil register can be corrected and changes of rst
name can be done by the concerned city civil registrar without need
of a judicial order.
In Silverio v. Republic, we held that under R.A. No. 9048,
jurisdiction over applications for change of rst name is now
primarily lodged with administrative o cers. The remedy and the
proceedings regulating change of rst name are primarily
administrative in nature, not judicial.
Correcting the entry on petitioner’s birth certi cate that his parents
were married on December 23, 1983 in Bicol to “not married” is a
substantial correction requiring adversarial proceedings. Said
correction is substantial as it will a ect his legitimacy and convert
him from a legitimate child to an illegitimate one.
Reviewer
Babiera v. Catotal
The present action involves the cancellation of petitioner's Birth
Certi cate; it does not impugn her legitimacy. Thus, the prescriptive
period set forth in Article 170 of the Family Code does not apply.
Verily, the action to nullify the Birth Certi cate does not prescribe,
because it was allegedly void ab initio.
Chuc Siu v. Local Civil Registrar of Manila
A summary petition as authorized by Article 412 of the New Civil
Code does not lie where the matter "concerns the citizenship not
only of petitioner but of his children." There is need for its being
"threshed out in an appropriate action."
In Re Petition for Change of Name Julian
Carulasan Wang v. Cebu City Civil Registrar
Petitioner sought to drop his middle name and have his registered
name changed from Julian Lin Carulasan Wang to Julian Lin Wang.
Does the law allow one to drop the middle name from his registered
name? We have to answer in the negative.
A name is said to have the following characteristics:
1) It is absolute, intended to protect the individual from being
confused with others.
2) It is obligatory in certain respects, for nobody can be
without a name.
3) It is xed, unchangeable, or immutable, at least at the start,
and may be changed only for good cause and by judicial
By RGL
for the 2022 Bar
proceedings.
4) It is outside the commerce of man, and, therefore,
inalienable and intransmissible by act inter vivos or mortis
causa.
5) It is imprescriptible.
This citation does not make any reference to middle names, but this
does not mean that middle names have no practical or legal
signi cance. Middle names serve to identify the maternal
lineage or liation of a person as well as further distinguish him
from others who may have the same given name and surname as he
has.
Here, the only reason advanced by petitioner for the dropping his
middle name is convenience. However, how such change of name
would make his integration into Singaporean society easier and
convenient is not clearly established. That the continued use of his
middle name would cause confusion and di culty does not
constitute proper and reasonable cause to drop it from his registered
complete name.
Republic v. Vergara 2015
The Court has held that not all alterations allowed in one's name are
con ned under Rule 103 and that corrections for clerical errors may
be set right under Rule 108.
Here, respondent never had any intention to change her name and
sex. What she seeks is simply the removal of the clerical fault or
error in her registered sex and given name, and to set aright
the same to conform to her real sex and the name she grew up
with.
10 of 245