PART 2 LEGAL OPINION:

Below is an exchange between you and a hypothetical client. Based on

the information given, write (1) a brief legal opinion/advice specifying the
relevant facts of the case, the legal problems raised by your hypothetical
client, your assessment of the issues involved, and the possible courses of
action that may be taken under the law; and (2) one legal document that may
be used in connection with your recommended course of action.
Melanie P. Gamboa seeks your advice on the possibility of changing the surname of her
niece, 16-year old Paula P. Cortes, who was placed under her care by her sister, Maricel
Perez, who is currently in the U.S. working as a nurse. The following is your interview
with Melanie P. Gamboa:
Q: Melanie, tell me something about yourself first, your personal circumstances.
A: I am Melanie Perez Gamboa, 40 yrs old, married with an 8-year old son. I live at 35
Craig St., Sampaloc, Manila. I work as the assistant manager for a bank.
Q: You said that your sister wants to change the surname of her daughter. What is her
name? Where is your sister now?
A: My sister is Maricel Abrogar Perez. She is now in the United States, working as a nurse,
so she asked me to seek legal assistance for her.
Q: How old is she?
A: She is 35 yrs old.
Q: How long has she worked in the US?
A: She has been working there for ten years already, since 2000.
Q: Is she married?
A: No, she is not.
Q: But she has a daughter?
A: Yes, her daughter is my niece, Paula Perez Cortes, and she is now 16 years old.
Q: When was Paula born?
A: November 15, 1994.
Q: Who is Paulas father?
A: Her father is William Cortes, Maricels boyfriend back in college. He got her pregnant
while they were in their third year of college.
Q: Is Paula living with you now?
A: Yes, ever since Maricel went to the US in 2000. I have been her guardian since then.
Q: What happened when Maricel became pregnant?
A: William Cortes told her they cant get married yet because they were still young and
had to finish college first. But he said he will give support. He did, while Maricel was
pregnant and after she gave birth. William paid the bills for Maricels check-up while she
was pregnant. He also paid for more than half of the hospitalization expenses when
Maricel gave birth. He paid for the babys medical check-ups and vaccination.
Sometimes, he would give additional money for baby formula and diapers or he would
buy them himself. He would also visit Maricel and the baby almost every day. He was
even present at the christening.
Q: During this time, was Maricel still in college?
A: While she was pregnant, yes, but after she gave birth, she took a leave of absence for
one semester. She could not simultaneously concentrate on her studies while taking care
of Paula.

Essay Part 2: Legal Opinion

Q: How about William?

A: He continued his studies. He did not take any leave of absence.

Q: So he gave support while Maricel was pregnant and after she gave birth?
A: Yes, but after Paulas first birthday, William returned to his province in Zamboanga. By
then, William had already graduated from his Management course, and he said that he
was looking into expanding his uncles business in the province. He said he will return to
Manila, but he never did. Since then, he has not sent anything for Paulas support.
Q: So from the time he left for Zamboanga, he never gave support?
A: Well, for around a year from the time he left for Zamboanga, he still managed to send
some money for Paula but it was not consistent. He even sent Paula a letter and gift via
LBC for her second birthday, saying that he was sorry that he was not there for her
birthday. That was the last time we heard from him.
Q: Do you still have any communication with him?
A: No more. After he went to Zamboanga, he would call around once a week, then later
once or twice a month, then about a year from the time he left, we never heard from him
anymore. We tried calling him on the phone, but the people we talked to would tell us
that he was not there. We also sent letters, but we never got any replies. Were no longer
sure if he has the same address.
Q: How did Maricel take care of Paula without Williams support?
A: My parents and I helped Maricel take care of Paula, especially since she was still
studying. We pitched in. After she graduated, she worked for a while in a private hospital
and was later able to find work in the US as a nurse.
Q: So basically, Paula grew up never knowing her father?
A: Yes.
Q: But she carries his surname?
A: Yes. It is in her birth certificate. William is indicated as the father.
Q: Who supplied the information in the birth certificate?
A: It was Maricel, but William was also there. He was there when Maricel gave birth, and
when hospital personnel came to ask for information for Paulas birth registration.
William was at the hospital everyday until Maricel and Paula were discharged.
Q: So in all of Paulas official records, she carries Williams surname and William is
identified as her father?
A: Yes. All her school records state that.
Q: What does Maricel now want to do with Paulas surname?
A: She wants Paulas surname to be changed from Cortes to Perez because she intends
to petition Paula to the US and the change in name would facilitate the process. Paula
would be easily identified as her daughter. Also, Maricel does not want Paula to have
anything to do with William anymore since he abandoned his own child.
Q: How does Paula feel about the change of name?
A: She is okay with it, because she never knew William. Even to this day, she still gets
asked why she has a different surname from that of her mother and it embarrasses her
to tell the reason why. This is also one of the reasons why Maricel wants to change
Paulas surname.

Essay Part 2: Legal Opinion

Laws and jurisprudence that may apply
1. Article 165 of the Family Code
Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code.
2. Article 176 of the Family Code

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. However,
illegitimate children may use the surname of their
father if their filiation has been expressly recognized by their father through the record of
birth appearing in the civil register, or when an admission in a public document or
private handwritten instrument is made by the father. Provided, the father has the right
to institute an action before the regularcourts to prove non-filiation during his lifetime.
The legitime of each illegitimate child shall consist of one-half of the legitime of a
legitimate child.
3. Article 194 of the Family Code
Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the
family.The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or train for some profession, trade or vocation,
even beyond the age of majority. Transportation shall include expenses in going to and
from school, or to and from place of work.
4. Article 195 of the Family CodeSubject to the provisions of the succeeding articles,
the following are obliged to support each other to the whole extent set forth in the
preceding article:
(1) The 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 andillegitimate children
of the latter;
(5) Legitimate brothers and sisters, whether of the full or half-blood.
5. Article 203 of the Family Code
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. Support pendent lite may be claimed in
accordance with the Rules of Court. Payment shall be made within the first five days of
each corresponding month. When the recipient dies, his heirs shall not be obliged to
return what he has received in advance.
6. Rule 103 (of the Rules of Court) Change of Name
Sec. 1. Venue.A person desiring to change his name shall present the petition to
the Court of First Instance of the province in which he resides, or, in the City of
Manila, to the Juvenile and Domestic Relations Court.
Sec. 2. Contents of petition.A petition for change of name shall be signed and
verified by the person desiring his name changed, or some other person on his
behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the
petition is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the name of the petitioners name is sought;
(c) The name asked for.
Sec. 3. Order for hearing.If the petition filed is sufficient in form and substance,
the court, by an order reciting the purpose of the petition, shall fix a date and
place for the hearing thereof, and shall direct that a copy of the order be published
before the hearing at least once a week for three (3) consecutive weeks in some

newspaper of general circulation published in the province, as the court shall deem
best. The date set for the hearing shall not be within thirty (30) days prior to an
election nor within four (4) months after the last publication of the notice.
Sec. 4. Hearing.Any interested person may appear at the hearing and oppose the
petition. The Solicitor General or the proper provincial or city fiscal shall appear on
behalf of the Government of the Republic.
Sec. 5. Judgment.Upon satisfactory proof in open court on the date fixed in the
order that such order has been published as directed and that the allegations of
the petition are true, the court shall, if proper and reasonable cause appears for
changing the name of the petitioner, adjudge that such name be changed in
accordance with the prayer of the petition.
Sec. 6. Service of judgment.Judgments or orders rendered in connection with this
rule shall be furnished the civil registrar of the municipality or city where the ort
issuing the same is situated, who shall forthwith enter the same in the civil
register.
7. In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registryof
Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454 SCRA 155 Before
a person can be authorized to change his name given him either in his certificate
of birth or civil registry, he must show proper or reasonable cause, or any
compelling reason which may justify such change. The touchstone for the grant of
a change of name is that there be proper and reasonable cause for which the
change is sought. To justify a request forchange of name, petitioner must show not
only some proper or compelling reason therefore but also that he will be prejudiced
by the use of his true and official name. Among the grounds for change of name
which have been held valid are: (a) when the name is ridiculous, dishonorable or
extremely difficultto write or pronounce; (b) when the change results as a legal
consequence, as in legitimation; (c) when the change will avoid confusion; (d)
when one hascontinuously used and been known since childhood by a Filipino
name, andwas unaware of alien parentage; (e) a sincere desire to adopt a Filipino
name to erase signs of former alienage, all in good faith and without prejudicing
anybody; and (f) when the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent purpose orthat the
change of name would prejudice public interest.
8. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA
438Jurisprudence teaches that a birth certificate to be considered as
validatingproof of paternity and as an instrument of recognition, must be signed by
thefather and mother jointly or by the mother alone if the father refuses.
9. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA
438The law, reason and common sense dictate that a legitimate status is
morefavorable to the child. In the eyes of the law, the legitimate child enjoys
apreferred and superior status. He is entitled to bear the surnames of both
hisfather and mother, full support and full inheritance. On the other hand, an
illegitimate child is bound to use the surname and be under the parentalauthority
only of his mother. He can claim support only from a more limited group and his
legitime is only half of that of his legitimate counterpart.Moreover (without
unwittingly exacerbating the discrimination against him),in the eyes of society, a
'bastard is usually regarded as bearing a stigma ormark of dishonor.
10.
Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76 An
illegitimate child whose filiation is not recognized by the father bears only a given
name and his mother surname, and does not have a middle name. The name of

the unrecognized illegitimate child therefore identifies him as such. It is only when
the illegitimate child is legitimated by the subsequent marriage of his parents or
acknowledged by the father in a public document or private handwritten
instrument that he bears both his mothers surname as his middle name and his
fathers surname as his surname, reflecting his status as a legitimated child or an
acknowledged child. The foregoing discussion establishes the significant
connection of a persons name to his identity, his status in relation to his parents
and his successional rights as a legitimate or illegitimate child. For sure, these
matters should not be taken lightly as to deprive those who may, in any way, be
affected by the right to present evidence in favor of or against such change.
11.
Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76An
illegitimate child never recognized by his father is entitled to change his namea
change of name will erase the impression that he was ever recognized by his
father. It is also to his best interest as it will facilitate his mothers intended petition
to have him join her in the US. This Court will not stand in the way of the
reunification of mother and son.
12.
Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007, 541 SCRA 371
Support must be demanded and the right to it established before it becomes
payable, for the right to support does not arise from the mere fact of relationship,
even from the relationship of parents and children, but from imperative necessity
without which it cannot be demanded, and the law presumes that such necessity
does not exist unless support is demanded.
13.
Dela Cruz v. Gracia, G.R. No. 177728, July 31, 2009, 594 SCRA 648 The Court
sees it fit to adopt the following rules respecting the requirement of affixing the
signature of the acknowledging parent in any private handwritten instrument
wherein an admission of filiation of a legitimate or illegitimate child is made: 1)
Where the private handwritten instrument is the lone piece of evidence submitted
to prove filiation, there should be strict compliance with the requirement that the
same must be signed by the acknowledging parent; and 2) Where the private
handwritten instrument is accompanied by other relevant and competent
evidence, it suffices that the claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is merely corroborative of such
other evidence.