Change of Name; Under RA 9048 (2006)
Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. 9048. He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. After complying with the requirements of the law, the Civil Registrar granted his petition and changed his first name Zirxthoussous to “Jesus.” His full name now reads “Jesus delos Santos.”
Jesus delos Santos moved to General Santos City to work in a multi-national company. There, he fell in love and married Mary Grace delos Santos. She requested him to have his first name changed because his new name “Jesus delos Santos” is the same name as that of her father who abandoned her family and became a notorious drug lord. She wanted to forget him. Hence, Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to “Roberto.” He claimed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace’s father.
Will the petition for the change of name of Jesus delos Santos to Roberto delos Santos under Republic Act No. 9048 prosper? Explain.
SUGGESTED ANSWER:
No, under the law, Jesus may only change his name once. In addition, the petition for change of name may be denied on the following grounds:
(1) Jesus is neither ridiculous, nor tainted with dishonor nor extremely difficult to write or pronounce.
(2) There is no confusion to be avoided or created with the use of the registered first name or nickname of the petitioner.
(3) The petition involves the same entry in the same document, which was previously corrected or changed under this Order [Rules and Regulations Implementing RA 9048].
What entries in the Civil Registry may be changed or corrected without a judicial order?
SUGGESTED ANSWER:
Only clerical or typographical errors and first or nick names may be changed or corrected without a judicial order under RA 9048.
Clerical or typographical errors refer to mistakes committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register. The mistake is harmless and innocuous, such as errors in spelling, visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing records. Provided, however, that no correction must involve the change of nationality, age, status or sex of the petitioner.
Death; Effects; Simultaneous Death (1998)
Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who died first. Jaime’s only surviving heir is his wife, Julia, who is also Willy’s mother. Willy’s surviving heirs are his mother, Julia and his wife, Wilma.
1. In the settlement of Jaime’s estate, can Wilma successfully claim that her late husband, Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have survived longer?
2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as the beneficiaries. Can Wilma successfully claim that one-half of the proceeds should belong to Willy’s estate?
SUGGESTED ANSWER:
1. No, Wilma cannot successfully claim that Willy had a hereditary share in his father’s estate. Under Art. 43, Civil Code, two persons “who are called to succeed each other” are presumed to have died at the same time, in the absence of proof as to which of them died first. This presumption of simultaneous death applies in cases involving the question of succession as between the two who died, who in this case are mutual heirs, being father and son.
SUGGESTED ANSWER:
2. Yet, Wilma can invoke the presumption of survivorship and claim that one-half of the proceeds should belong to Willy’s estate, under Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as the dispute does not involve succession. Under this presumption, the person between the ages of 15 and 60 years is deemed to have survived one whose age was over 60 at the time of their deaths. The estate of Willy endowed with juridical personality stands in place and stead of Willy, as beneficiary.
Death; Effects; Simultaneous Death (1999)
Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident with Mr. Cruz at the wheel and Mrs. Cruz seated beside him, resulting in the instant death of Mr. Cruz. Mrs. Cruz was still alive when help came but she also died on the way to the hospital. The couple acquired properties worth One Million (P1 ,000,000.00) Pesos during their marriage, which are being claimed by the parents of both spouses in equal shares. Is the claim of both sets of parents valid and why?
(b) Suppose in the preceding question, both Mr. and Mrs. Cruz were already dead when help came, so that no-body could say who died ahead of the other, would your answer be the same to the question as to who are entitled to the properties of the deceased couple?
SUGGESTED ANSWER:
(a) No, the claim of both parents is not valid. When Mr. Cruz died, he was succeeded by his wife and his parents as his intestate heirs who will share his estate equally. His estate was 0.5 Million pesos which is his half share in the absolute community amounting to 1 Million Pesos. His wife, will, therefore, inherit O.25 Million Pesos and his parents will inherit 0.25 Million Pesos.
When Mrs. Cruz died, she was succeeded by her parents as her intestate heirs. They will inherit all of her estate consisting of her 0.5 Million half share in the absolute community and her 0.25 Million inheritance from her husband, or a total of 0.750 Million Pesos.
In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit 750,000 Pesos.
(b) This being a case of succession, in the absence of proof as to the time of death of each of the spouses, it is presumed they died at the same time and no transmission of rights from one to the other is deemed to have taken place. Therefore, each of them is deemed to have an estate valued at P500,000,00, or one-half of their conjugal property of P1 million. Their respective parents will thus inherit the entire P1 Million in equal shares, of P500,000.00 per set of parents.
Death; Effects; Simultaneous Death (2000)
b) Cristy and her late husband Luis had two children, Rose and Patrick, One summer, her mother-in-law, aged 70, took the two children, then aged 10 and 12, with her on a boat trip to Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were never found. None of the survivors ever saw them on the water. On the settlement of her mother-in-law’s estate, Cristy files a claim for a share of her estate on the ground that the same was inherited by her children from their grandmother in representation of their father, and she inherited the same from them. Will her action prosper?
SUGGESTED ANSWER:
No, her action will not prosper. Since there was no proof as to who died first, all the three are deemed to have died at the same time and there was no transmission of rights from one to another, applying Article 43 of the New Civil Code.
ALTERNATIVE ANSWER:
No, her action will not prosper. Under Article 43 of the New Civil Code, inasmuch as there is no proof as to who died first, all the three are presumed to have died at the same time and there could be no transmission of rights among them. Her children not having inherited from their grandmother. Cristy has no right to share in her mother-in- law’s estate. She cannot share in her own right as she is not a legal heir of her mother-in-law. The survivorship provision of Rule 131 of the Rules of Court does not apply to the problem. It applies only to those cases where the issue involved is not succession.
Juridical Capacity vs.Capacity to Act (1996)
Distinguish juridical capacity from capacity to act.
SUGGESTED ANSWER:
JURIDICAL CAPACITY is the fitness to be the subject of legal relations while CAPACITY TO ACT is the power or to do acts with legal effect. The former is inherent in every natural person and is lost only through death while the latter is merely acquired and may be lost even before death (Art.37, NCC).
ALTERNATIVE ANSWER:
Juridical capacity, as distinguished from capacity to act: (a) the former is passive while the latter is active, (b) the former is inherent in a person while the latter is merely acquired, (c) the former is lost only through death while the latter may be lost through death or restricted by causes other than death, and Id) the former can exist without capacity to act while the latter cannot exist without juridical capacity.
Juridical Capacity; Natural Persons (1999)
Elated that her sister who had been married for five years was pregnant for the first time, Alma donated P100,000.00 to the unborn child. Unfortunately, the baby died one hour after delivery. May Alma recover the P100.000.00 that she had donated to said baby before it was born considering that the baby died? Stated otherwise, is the donation valid and binding? Explain.
SUGGESTED ANSWER:
The donation is valid and binding, being an act favorable to the unborn child, but only if the baby had an intra-uterine life of not less than seven months and provided there was due acceptance of the donation by the proper person representing said child. If the child had less than seven months of intra-uterine life, it is not deemed born since it died less than 24 hours following its delivery, in which ease the donation never became effective since the donee never became a person, birth being determinative of personality.
ALTERNATIVE ANSWER:
Even if the baby had an intra-uterine life of more than seven months and the donation was properly accepted, it would be void for not having conformed with the proper form. In order to be valid, the donation and acceptance of personal property exceeding five thousand pesos should be in writing. (Article 748, par. 3)
Waiver of Rights (2004)
B. DON, an American businessman, secured parental consent for the employment of five minors to play certain roles in two movies he was producing at home in Makati. They worked at odd hours of the day and night, but always accompanied by parents or other adults. The producer paid the children talent fees at rates better than adult wages.
But a social worker, DEB, reported to OSWD that these children often missed going to school. They sometimes drank wine, aside from being exposed to drugs. In some scenes, they were filmed naked or in revealing costumes. In his defense, DON contended all these were part of artistic freedom and cultural creativity. None of the parents complained, said DON. He also said they signed a contract containing a waiver of their right to file any complaint in any office or tribunal concerning the working conditions of their children acting in the movies.
Is the waiver valid and binding? Why or why not? Explain.
SUGGESTED ANSWER:
The waiver is not valid. Although the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, they may not do so if such are contrary to law, morals, good customs, public order, or public policy (Article 1306, Civil Code). The parents’ waiver to file a complaint concerning the working conditions detrimental to the moral well-being of their children acting in the movies is in violation of the Family Code and Labor laws. Thus, the waiver is invalid and not binding.
The Child Labor Law is a mandatory and prohibitory law and the rights of the child cannot be waived as it is contrary to law and public policy.
From the ANSWERS TO BAR EXAMINATION QUESTIONS in CIVIL LAW by the UP LAW COMPLEX and PHILIPPINE ASSOCIATION OF LAW SCHOOLS.
