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Client case no I

January 24, 2018


Rommel Jacinto Silverio
Mandaue City

Here is the opinion you requested. The facts, gathered from you and your
documents, are as follows;

Insert the facts from the case..

Issue : change of name and sex on the ground of sex reassignment.

The grounds for change of name, which are the following:

a) When the name is ridiculous, dishonorable or extremely


difficult to write or pronounce;

(b) When the change results as a legal consequence such as


legitimation;

(c) When the change will avoid confusion;

(d) When one has continuously used and been known since
childhood by a Filipino name, and was 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
or that the change of name would prejudice public interest.

No Special Law.

SEC. 5. Registration and certification of births. The declaration of


the physician or midwife in attendance at the birth or, in default
thereof, the declaration of either parent of the newborn child, shall be
sufficient for the registration of a birth in the civil register. Such
declaration shall be exempt from documentary stamp tax and shall be
sent to the local civil registrar not later than thirty days after the birth,
by the physician or midwife in attendance at the birth or by either
parent of the newborn child.
In such declaration, the person above mentioned shall certify to the
following facts: (a) date and hour of birth; (b) sex and nationality of infant;
(c) names, citizenship and religion of parents or, in case the father is not
known, of the mother alone; (d) civil status of parents; (e) place where the
infant was born; and (f) such other data as may be required in the
regulations to be issued.

Xxx xxx xxx (emphasis supplied)


Client case no II

January 24, 2018


Miguel Ruiz
Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows;
Insert the facts of the case…
The issue here is clear: it’s whether or not you are an employee of your
uncle and entitled to 13th month pay, service incentive leave pay and
overtime pay.
No, Miguel is not an employee of Bernardo.
The Supreme Court ruled in many cases that in order to determine the
whether or not there is an employer – employee relationship, the four-fold
test must be applied. The four-fold test are as follows:
1. The power of the employer to engage the services of the employee;
2. The power to dismiss the services of the employee;
3. The power to give compensation for services rendered; and
4. The power of control not only by the ends to be achieved but also of the
means from which the end is achieved.
In this case, Bernardo is not the employer of Miguel because the power of
control to the means of the work to be done is not present. Therefore, Miguel
is not an employee of Bernardo
Client case no III
January 24, 2018
Dear Ms. Jasmine;
Insert the facts of the case..
Issue: Change of birth year administratively and can it be done by his
mother.
Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows;
According to Article 412 of the New Civil Code, no entry in a civil
register shall be changed or corrected, without a judicial order. It
follows then that a person desiring to amend any wrong entry in
his/her certificate of live birth needs to go to court. But this was before
Republic Act (R.A.) No. 9048 or more popularly known as the Clerical
Error Law was enacted in 2001. Under this law, no entry in a civil
register shall be changed or corrected without a judicial order, except
for clerical or typographical errors and change of first name or
nickname which can be corrected or changed by the concerned city or
municipal civil registrar or consul general (Section 1, RA No. 9048).

Clerical or typographical errors is defined by the said law as follows:

“Section 2. Definition of Terms – As used in this Act, the following terms


shall mean:

xxx

(3) “Clerical or typographical error” refers to a mistake committed in


the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the like, which
is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.

xxx”

Furthermore, RA 10172, 3.1. For correction of entry on the day and/or


month in the date of birth:
Any person of legal age, having direct and personal interest in the
correction of a clerical or typographical error in the day and/or month in the
date of birth of a person in the civil register for birth, may file the petition. A
person is considered to have direct and personal interest when he is the
owner of the record, or the owner's spouse, children, parents, brothers,
sisters, grandparents, guardian, or any other person duly authorized by law
or by the owner of the document sought to be corrected; Provided; however,
that when a person is a minor or physically or mentally incapacitated, the
petition may be filed on his/her behalf by his/her spouse, or any of his/her
children, parents, brothers; sisters; grandparents, guardians, or persons duly
authorized by law.
Client Case No. IV
Jenny Francisco

Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows:
Insert the facts of the case..
Two years ago, a big fight occurred which cause you and your
husbands’ separation. Your husband lived in his parents. Just this recently,
The issue here is clear:
1. Whether or not you have a right over the property of your husband
which acquired by him when he was still single;
2. Custody of Children;
3. Support; and
4. Annulment of Marriage on the ground of Physical violence.
In my opinion, in:
1. Determine first the property regime recognized in your marriage.
The Family Code of the Philippines took effect on August 3, 1988. Since
that day, the Absolute Community of Property will govern married couples.
However, this property regime will only apply if they do not agree on another
regime before getting married. The agreement before the wedding is referred
to as the Marriage Settlements. Before August 3, 1988, the couples who got
married without preparing marriage settlements beforehand, are covered by
the Conjugal Partnership of Gains regime.
In the Absolute Community of Property, this property regime pools the
property of the husband and the wife together into one common fund. This
will include the properties owned prior to the marriage. Both parties also
have equal rights to the common fund. When married couples decide to go
separate says or dissolve their marriage, the property should be equally
divided. (Article 90 of the Family Code of the Philippines)
In the Conjugal Partnership of Gains (CPG) is similar to Absolute
Community of Property except that there is a difference in how the properties
are acquired by each party prior to getting married. The properties produced
during the marriage will go to the common fund or the Conjugal Property
where both spouses have equal rights. (Article 106 of the Family Code of the
Philippines)

2.
According to Article 213 of the Family Code, “no child under seven years
of age shall be separated from the mother unless the court finds compelling
reasons to order otherwise.” This is due to the fact that a mother’s loving
care is regarded as one of the basic needs of a child.
As stipulated in the article, however, the mother will lose parental
authority and custody over the child if “compelling reasons” were found by
the court. This includes instances of neglect and abandonment, drug abuse,
unemployment, failure of exercising parental duties, as well as leaving the
child to the care of others permanently or otherwise, and regardless of
intention. If a child under 7 years of age expresses his or her desire to stay
with the mother or the father, the court is not bound by that preference
especially if the chosen parent is deemed unfit by the court.

3.
Under 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. Being the legitimate spouse, you are entitled to the extent of support
as provided for by law. The duty arises from the fact that a marriage exists
between you and your husband. Thus, Article 195 of the Family Code
provides: “Art. 195. Subject 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: The spouses xxx”

4.
filing a petition for annulment of marriage, any of the following grounds
must be present: (1) either party was 18 years of age or over but
below twenty-one, and the marriage was solemnized without the
consent of his parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining the age of
twenty-one, he/she freely cohabited with the other party; (2) either
party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife; (3) consent of
either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with
the other; (4) the consent of either party was obtained by force,
intimidation or undue influence, unless the same having disappeared
or ceased, such party thereafter freely cohabited with the other; (5)
either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be
incurable; or (6) either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable.
Client Case No. 5
Joel Santiago
Here is the opinion you requested. The facts, gathered from you and
your documents, are as follows:
Insert facts of the case..
The issue here is clear: who will be liable for your injuries.
FEB LEASING AND FINANCE CORPORATION (now BPI LEASING CORPORATION)
vs SPOUSES SERGIO P. BAYLON and MARITESS VILLENA-BAYLON, BG HAULER,
INC, all motor vehicles used or operated on or upon any highway of the
Philippines must be registered with the Bureau of Land Transportation (now
Land Transportation Office) for the current year. Furthermore, any
encumbrances of motor vehicles must be recorded with the Land
Transportation Office in order to be valid against third parties.
The sale, transfer or lease of the vehicle, which is not registered with
the Land Transportation Office, will not bind third persons aggrieved in an
accident involving the vehicle. The compulsory motor vehicle registration
underscores the importance of registering the vehicle in the name of the
actual owner.