PH Law Digest

Ponente: REYES, J.B.L., J. Facts: Nita Villanueva and Oscar Lazo are wife and husband. Nita underwent abortion three times all  performed by Antonio Geluz. The third time, for a consideration of P50,000. Oscar Lazo was in the province of Cagayan campaigning for his election. He did know of, nor gave his consent to the abortion. Lazo filed a case before CFI of Manila against Geluz to recover damages. CFI Manila rendered judgment in favor of Lazo, ordering Geluz to pay P3,000 as damages, P700 as attorney's fees and the costs of suit. CA sustained the award, 3-2. Geluz appealed the case to SC. ------------------------------------------------------------------ Whether the husband of a woman who voluntarily procured her abortion, could recover damages from the physician who caused the same. HELD: No. The husband cannot recover damages.   Under these circumstances, there was no factual or legal basis for the husband to recover damages. The CA and the CFI predicated the awa...

Ponente: COOPER, J. Facts: Plaintiff Pedro Martinez filed an action for a declaration of prodigality against his Father Don Francisco Martinez. Plaintiff Pedro Martinez alleged that his Father, owing to his advanced age, is dissipating and squandering his estate by: - making donations to her second wife, her parents and her relatives. - instigating groundless suits  Defendant the Father denied these allegations. He said that the son was the one mismanaging and misappropriating the property of the estate, which forced him to revoke the power of attorney given to him(the son). Likewise, the suit against his son was for the latter's refusal to render an account of his administration. The CFI rendered judgment against the son. Hence, this appeal. ------------------------------------------------------------------ Is the father prodigal? HELD: No. The father is not a prodigal. Under our law, it may be inferred that the acts of prodigality must show a morbid state of mind and a dispo...

Ponente: CORONA J. Facts: On November 26, 2002, Petitioner Rommel Jacinto Dantes Silverio field a petition for the change of his first name “Rommel Jacinto” to “Mely” and his sex from male to female in his birth certificate in the RTC of Manila, Branch 8, for reason of his sex reassignment. He alleged that he is a male transsexual (he is anatomically male but thinks and acts like a female.) RTC ruled in favor of Silverio, explaining that it is consonance with the principle of justice and equality. The Republic, through the OSG, filed a petition for certiorari in the Court of Appeals alleging that there is no law allowing change of name by reason of sex alteration. Petitioner Silverio filed a reconsideration but was denied.  Hence, this petition. ------------------------------------------------------------------ WON change in name and sex in birth certificate are allowed by reason of sex reassignment. HELD: No. No law allows the change of entry in the birth certificate as to name an...

Ponente: QUISUMBING, J. FACTS : Jennifer Cagandahan filed before the RTC Branch 33 of Siniloan, Laguna a Petition for Correction of Entries in Birth Certificate of her name from Jennifer B. Cagandahan to Jeff Cagandahan and her gender from female to male. Jennifer Cagandahan was registered as a female in her Certificate of Live Birth. According to her, for all interests and appearances as well as in mind and emotion, she is a male person. Jennifer is suffering from Congenital Adrenal Hyperplasia. In a certificate, issued by Dr. Michael Sionzon of the Department of Psychiatry, University of the Philippines-Philippine General Hospital explained that “Cagandahan genetically is female but because her body secretes male hormones (androgen), her female organs did not develop normally, thus has organs of both male and female.” The lower court decided in her favor but the OSG appealed before the Supreme Court invoking that the same was a violation of Rules 103 and 108 of the Rules of C...

Ponente: REYES, J.B.L., J. FACTS: Defendant Apolonio Tanjanco courted the plaintiff Araceli Santos BOTH BEING OF ADULT AGE. Since he promised her marriage, she consented to his pleas for carnal knowledge. They did so frequently in a span of a year. As a result, she conceived a child, and due to her condition, she had to resign from her work Apolonio REFUSED TO MARRY Araceli as promised and refrained from seeing the plaintiff which led to her suffering from mental anguish, besmirched reputation, wounded feeling, moral shock and social humiliation. The plaintiff asked that the defendant to recognize the child she was bearing; to pay her not less than P430 a month for her support plus P100,000 in moral and exemplary damages plus 10,000 attorney’s fees. Basis Art 21. Upon defendant's motion to dismiss, the CFI dismissed the complaint for failure to state a cause of action. Santos appealed to the CA. CA set aside the dismissal and directed the CFI to proceed with the case. CA agreed w...

Ponente: TUASON, J. Facts:  On Feb 6, 1945, the Navarro Family took refuge in the ground floor of the German Club Building. All three of Joaquin Navarro, Sr’s daughters died when the Japanese started shooting at the people inside the building. Joaquin Navarro Sr, his son Joaquin Navarro Jr, Adela Conde(his son's wife) and a   family friend Francisco Lopez abandoned the building. Angela Joaquin Navarro refused to join them. As they came out, Joaquin Jr was shot in the head by a Japanese soldier. Minutes later the German Club Building, which was on fire, collapsed. Joaquin Navarro Sr, Adela Conde and Francisco Lopez managed to reach an air raid shelter. They stayed there for 3 days. On Feb 10, the three fled toward St. Theresa Academy, but unfortunately met Japanese patrols, who fired at them Joaquin Navarro Sr and his daughter in law died. Franciso Lopez survived. After the war, three proceedings were instituted in the CFI Manila for the summary settlement of the estates...

Ponente:  CARPIO, J. Facts: Petitioner Minoru Fujiki (Fujiki) is a Japanese national who married respondent Maria Paz Galela Marinay (Marinay) in the Philippines on 23 January 2004. The marriage did not sit well with petitioner’s parents. Thus, Fujiki could not bring his wife to Japan where he resides. Eventually, they lost contact with each other. In 2008, Marinay met another Japanese, Shinichi Maekara (Maekara). Without the first marriage being dissolved, Marinay and Maekara were married on 15 May 2008 in Quezon City, Philippines. Maekara brought Marinay to Japan. However, Marinay allegedly suffered physical abuse from Maekara. She left Maekara and started to contact Fujiki. Fujiki and Marinay met in Japan and they were able to reestablish their relationship. In 2010, Fujiki helped Marinay obtain a judgment from a family court in Japan which declared the marriage between Marinay and Maekara void on the ground of bigamy. On 14 January 2011, Fujiki filed a petition in the RTC e...

Ponente: REGALADO, J. Facts: On February 2, 1988, Zenaida Corteza Bobiles filed a petition to adopt Jason Condat, then 6 yr old and who had been living with her family since he was 4 months old, before the RTC of Legaspi City. Zenaida is married to Dioscoro Bobiles. RTC granted the petition, which CA subsequently affirmed. Hence this petition by the OSG. SCENARIO: When the petition was filed, applicable law was PD No. 603, the Child and Youth Welfare Code. Under said code, a petition for adoption may be filed by either of the spouses or by both of them. After RTC rendered its decision,   the Family Code, took effect on August 3, 1988. Under the said new law, joint adoption by husband and wife is mandatory. OSG Arguments: •    FC must be applied retroactively to the petition filed by Mrs. Bobiles, as the latter did not acquire a vested right to adopt Jason Condat by the mere filing of her petition for adoption. Hence... Petition for adoption should be dismissed ...

Summary: Respondent petitioned before the RTC Cebu City to order the Local Civil Registrar of Cebu City to correct the name of her niece from Sarah Zita Erasmo to Sarah Zita Caon, and the registered mother's name from Rosemarie Caon to Maria Rosario Caon on Sarah's birth record.. The first correction is in pursuant to Art 176 of FC.   Maria Rosario Caon was not legally married to Sarah's father Degoberto Erasmo, and hence the daughter should follow's Maria's surname.   The second correction request is simply because Mother's real name is Maria Rosario. She just erroneously gave her nickname “Rosemarie”, when asked by the Local Registrar. RTC granted the petition.   SC reversed the decision. SC held that the summary proceedings under Rule 108 of the Rules of court and Art 412 of the Civil Code   may be used only to correct or change clerical or innocuous errors. Rule 108 cannot be used to modify, alter or increase substantive rights, such as those involving the ...

Ponente: DAVIDE, JR., J. Facts: Monina Jison filed a complaint before the RTC for recognition as an illegitimate child of petitioner Francisco Jison. She alleged that at the end of 1945 or the start of 1946, Petitioner Francisco Jison impregnated her mother Esperanza F. Amolar (who was then employed as the nanny of Petitioner's daughter, Lourdes). She was born on Aug 6 1946, in Dingle, Iloilo, and since childhood, had enjoyed the continuous, implied recognition as an illegitimate child of Petitioner Francisco by his acts and that of his family. •     Francisco  gave her support and spent for her education, such that she obtained a Master's degree, became a certified public accountant, and eventually, a Central Bank examiner. •     Francisco  paid for the burial expenses of Amolar •     Monina was allowed to stay in P's house except if the latter's wife was around. She was also able to live with some of P's relatives. •   ...

Summary:   On March 16, 1976, Jose Modequillo got involved in a vehicular accident.  The  CA ordered Jose Modequillo to indemnify the victims in the said accidents.   On January 29, 1988 the judgment became final and executory, RTC issued a writ of execution. The sheriff levied the ff properties of Jose: a parcel of residential land and a parcel of agricultural land, both of which are located in Davao del Sur. Jose filed a motion to quash and/or to set aside levy of execution.   He argued that the residential house and lot was first occupied as his family residence in 1969, and was duly constituted as a family home under the Family Code (alleging Family Code, Arts 152 & 153 had retroactive effect), and as such exempted from payment of the obligation as stated in Art 155 of the Family Code. As to the agricultural land, he alleged that it was still a public land. The motion was denied. His motion for reconsideration was likewise denied. SC in affirming the tri...

Plaintiff:  Tracey Thurman Defendant:  City of Torrington Facts:  Between early October 1982 and June 10, 1983, Tracey Thurman (and others on her behalf) notified Torrington Police Department of repeated threats upon her life and the life of her child Charles J. Thurman, Jr., made by her estranged husband, Charles Thurman. Attempts to file complaints by plaintiff Tracey Thurman against her estranged husband in response to his threats of death and maiming were ignored or rejected by the named defendants and the defendant City. On June 10, 1983, Charles appeared at the Bentley-St. Hilaire residence in the early afternoon and stabbed Tracey repeatedly in the chest, neck and throat. The plaintiff brought an action, alleging that her constitutional rights were violated by the nonperformance or malperformance of official duties by the defendant police officers. Plaintiff sought to hold liable the defendant City of Torrington. The defendant City filed a motion to dismiss the...

Summary: Wife Pilar Atilano had difficulty with her in laws.  When she and her husband Chua Ching Beng visited her family in Zamboanga City, she related this difficulty with her parents. Parents convinced husband to return first to Manila, and wife would just follow him later.  However, Pilar did not return to Manila instead she filed a complaint for support and alimony pendente lite against her husband, alleging that they had been estranged and living separately since October, 1952.  CFI Zamboanga granted the petition. Chua filed a petition praying that he be allowed to fulfill his obligation “by receiving and maintaining in his house” , apart from the house of his parents, the wife “who has a right to receive support” in pursuant to Art 299 of CC. This was denied by the CFI, but SC granted this option, and even ruled that if the wife did not choose to live with her husband,   husband has no more obligation to give any support to the wife. -----------------------...

Summary: Matubis and Praxedes got married on January 10, 1943. On May 30, 1944, they agreed to live separately; and on April 3, 1948, both entered into an agreement which provides, among others, that neither “of us can prosecute the other for adultery or concubinage or any other crime or suit arising from our separation.” Plaintiff Matubis discovered that Defendant Praxedes was cohabiting with another woman sometime in January 1955. On April 24, 1956, She instituted a complaint against her husband with the CFI Camarines Sur for legal separation and changed of surname. CFI dismissed the case, and the SC affirmed the decision for two reasons: (1) the complaint was filed out of time (2) The agreement mentioned above is an unbridled license she gave her husband to commit concubinage. Having consented to the concubinage, the plaintiff cannot claim legal separation. ------------------------------------ Ponente: PAREDES, J. Facts: Matubis and Praxedes got married on January 10, 1943. On ...