1.
RA 9048: An act authorizing the city or
municipal civil registrar or the consul
general to correct a clerical or
typographical error in an entry and/or
change of first name or nickname in the
civil register without need of judicial
order amending for this purpose Art.
376 and 412 of the Civil Code of the
Philippines
2. Who may file the petition and
where?
Any person having direct and
personal interest in the correction
of a clerical or typographical error
in an entry and/or change of 1st
name or nickname in the civil
register may file
3. Where will the petition be filed?
The petition should be filed in
person, a verified petition with
the local civil registry office of
the city or municipality where
the record being sought to be
corrected or changed is kept
4. Purpose of Civil Registry
Art. 407
Acts, events and judicial
decrees concerning the civil
status of persons shall be
recorded in the civil register.
5. Contents of Civil Registry
Art. 408
The following shall be entered in the
civil register:
1) Births
2) Marriages
3) Deaths
4) Legal Separations
5) Annulment of Marriages
6) Judgments declaring
marriages void from the
beginning
7) Legitimations
8) Adoptions
9) Acknowledgements of
natural children
10) Naturalization
11) Loss
12) Recovery of Citizeship
13) Civil Interdiction
14) Judicial determination of
filiation
15)Voluntary emancipation
of a minor (wala nan i)
16)Change of name
6. Probative value of the entries in the
civil registry
Although the Civil registry is an
official record, still the entries
made therein are only PRIMA
FACIE (can still be rebutted by
contrary to such) evidence of the
facts stated
7. What is the civil liability of the civil
registrar?
Art. 411
Every civil registrar shall be
civilly responsible for any
unauthorized alteration made in
any civil register to any person
suffering damage thereby.
However, the civil registrar may
exempt himself from such
liability if he proves that he has
taken every reasonable
precaution to prevent the
unlawful alteration.
8. Difference between summary
proceedings and adversarial
proceedings
Under Art. 408
 Clerical or typographical After an absence of 7 years, it being unknown
errors- can be changed by whether or not the absentee still lives, he
mere SUMMARY shall be presumed dead for all purposes,
PROCEEDINGS except for those of succession.
If substantial change- can
The absentee shall not be presumed dead for
be changed by
the purpose of opening his succession till
ADVERSARIAL
after an absence of 10 years. If he
PROCEEDINGS
disappeared after the age of 75 years, an
9. Different grounds for change of 1st
absence of 5 years shall be sufficient in order
name or nickname
that his succession may be opened.
1) The petitioner finds the 1st name
or nickname to be:
a. Ridiculous ART. 391
b. Tainted with dishonor
The following shall be presumed dead for all
c. Extremely difficult to write or
purposes, including the division of the estate
pronounce
among the heirs:

2) The new 1st name or nickname (1.) A person on board a vessel lost
has been habitually and during a sea voyage, or an aeroplane
continuously used by the which is missing, who has not been
petitioner and he has been heard of for 4 years since the loss of
publicly known by that 1st name the vessel or the aeroplane
or nickname in the community (2.) A person in the armed forces whi
has taken part in war, and has been
3) The change will avoid confusion missing for 4 years
(3.) A person who has been in danger of
death under other circumstances
10. Case: Mossesgeld Vs. CA and his existence has not been
known for 4 years.
Under Art. 407
ART 392
WHERE MANDAMUS DOES NOT LIE
If the absentee appears, or without appearing
MOSSESGELD V. COURT OF APPEALS
his existence is proved, he shall recover his
GR 111455
December 23, 1998
property in the condition in which it may be
found, and the price of any property that may
Mandamus will not lie to compel the local civil have been alienated or the property acquired
register to register the certificate of live birth of therewith; but he cannot claim either fruits or
an illegitimate child using the fathers surname,
rents.
even with the consent of the latter. Mandamus
does not lie to compel the performance of an act
prohibited by the law.
12. Declaration of provisional measures
11. Presumption of death (Arts. 390,
in case of absence (Art. 381)
391, 392)
ART. 381
ART. 390
When a person disappears from his domicile,
his whereabouts being unknown, and without
leaving an agent to administer his property,
the judge, at the instance of an interested
party, a relative, or a friend, may appoint a
person to represent him in all thatmay be
necessary.
This same rule shall be observed when under
similar circumstances the power conferred by
the absentee has expired.
13. When absence may be judicially
declared
ART. 384
2 years having elapsed without any news
about the absentee or since the receipt of the
last news, and 5 years in case the absentee
has left a person in charge of administration
of his property, his absence may be declared.
14. Who can ask for declaration of
absence?
ART. 385
The following may ask for the declaration of
absence:
(1.) The spouse present;
(2.) The heirs instituted in a will, who
may present an authentic copy of
the same;
(3.) The relatives who may succeed by
the law of intestacy;
(4.) Those who may have over the
property of the absentee some
right subordinated to the condition
of his death.
15. When Judicial Declaration of absence
becomes effective
ART. 386
The judicial declaration of absence shall not
take effect until 6 months after its publication
in a newspaper of general circulation.
16. Who will make arrangements for burial?
ART. 305
The duty and the right to make arrangements for
the funeral of a relative shall be in accordance
with the order established for support, under Art
294 (now article 199 of the Family Code). In case
of descendants of the same degree, or brothers
and sisters, the oldest shall be preferred. In case
of ascendants, the paternal shall have a better
right.
Art. 199 of the Family Code:
(1.) Spouse
(2.) Descendants in the nearest degree
(3.) Ascendants in the nearest degree
(4.) Brothers and sisters
17. Order of preference in forms of burial?
ART. 307
The funeral shall be in accordance with the
expressed wishes of the deceased. In the absence
of such expression, his religious beliefs or
affiliation shall determine the funeral rites. In case
of doubt, the form of the funeral shall be decided
upon by the person obliged to make
arrangements for the same, after consulting the
other members of the family.
18. Burial be made according to social
position
ART. 306
Every funeral shall be in keeping with the social
position of the deceased
To prohibit the pompous and elaborate
funeral of a criminal who has been
given death penalty. The reason: TO not
give undue publicity to the notoriety in
life of a criminal.
19. What name will the spouse use in case of
annulment
ART. 371
In case of annulment of marriage, and the wife is
the guilty party, she shall resume her maiden
name and surname. If she is the innocent spise,
she may resume her maiden name and surname.
However, she may choose to continue employing
her former husbands surname, unless:
(1.) The court decrees otherwise, or
(2.) She or the former husband is married
again to another person
20. Ways a married woman use surname
ART. 370
A married woman may use:
(1.) Her maiden first name and surname and
add her husbands surname, or
(2.) Her maiden first name and her husbands
surname, or
(3.) Her husbands full name, but prefixing a
word indicating that she is his wife, such
as Mrs.
21. Rules of survivorship
ART. 43 (Presumption on survivorship accdg. To
the Civil Code)
If there is doubt, as between 2 or more persons
who are called to succeed each other, as to which
of them died first, 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 to the other.
RULE 131 (Presumption on survivorship under
the Revised Rules of Court)
When two persons perish in the same calamity,
such as a wreck, battle, or conflagration, and it is
not shown who died first, and there are no
particular circumstances from which it can be
inferred, the survivorship is presumed from the
probabilities resulting from the strength and age
of the sexes, according to the following rules:
(1.) < 15 v <15 = OLDER
(2.) >60 v > 60 = YOUNGER
(3.) <15 v > 60= <15
(4.) both are > 15 or < 60:
a. Different sexes= Male
b. Same sexes= Older
(5.) if one be <15 or >60 and the other
between 15 and 60= between 15 and 60
22. When is a foetus considered born
ART. 41
For civil purposes, the foetus is considered born if
it is alive at the time it is completely delivered
from the mothers womb. However, if the foetus
has an intra-uterine life of less than 7 months, it is
not deemed born if it dies within 24 hours after its
complete delivery from the maternal womb.
23. Doctrine of presumptive personality
personality does not begin at birth; it begins at
conception. This personality at conception is
called presumptive personality.
24. Limoco Vs. State of Vagandi Commented [U1]: I cant find where this is
25. When is civil personality extinguished
ART. 42
Civil personality is extinguished by death.
The effect of death upon the rights and obligations
of the deceased is determined by law, by contract
and by will.
26. Restrictions on the Capacity to Act
ART. 38.
Minority, insanity or imbecility, the state of being
deaf mute, prodigality and civil interdiction are
mere restrictions to the capacity to act, and do not
exempt the incapacitated person from certain
obligations, as when the latter arise from his acts
or from property relations, such as easements.
28. Theory of Territoriality and Generality
ART. 14
Penal laws, and those of public security and
safety, shall be obligatory upon those who live or
sojourn in the Philippine territory, subject to the
principles of public international law and to treaty
stpulations.
28. Theory of Exterritoriality
ARTICLE 17
The forms and solemnities of CONTRACTS, WILLS
and OTHER PUBLIC INSTRUMENT
Shall be governed by the laws of the country in
which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Philippines
in a foreign country, the solemnities established
by the Philippine laws shall be observed in their
execution.
Probative laws concerning Persons, Their acts or
property and Those which have for their object
public order, public policy and good customs
Shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or
conventions agreed upon in a foreign country.
29. Principle of Nationality
ART. 15
Laws relating to family rights and duties or to the
status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even
though living abroad.
30. LEX REI SITAE
ART. 16
Real property as well as personal property is
subject to the law of the country where it is
situated.
However, intestate and testamentary successions,
both with respect to the order of succession and
to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall
be regulated by the national law of the person
whose successions is under consideration,
whatever may be the nature of the property and
regardless of the country wherein said property
may be found.
31. RENVOI PROBLEM
Renvoi literally means a referring back; the
problem arises when there is a doubt as to
whether a reference in our law (such as Art. 16,
par 2. Of the Civil Code) to a foreign law (such as
the national law of the deceased)
a. is a reference to the INTERNAL law of said
foreign law;
b. is a reference to the WHOLE of the foreign
law, including its CONFLICTS RULES
32. HOW RE LAWS REPEALED?
Art. 7
Laws are repealed only by subsequent ones, and
their violation or non-observance shall not be
excused by disuse, or custom or practice to the
contrary.
When the courts declare a law to be inconsistent
with the Constitution, the former shall be void,
and the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution.
33. JUDICIAL DECISIONS
ART. 8
Judicial decisions applying or interpreting the
laws or the Constitution shall form part of the
legal system of the Philippines.
34. PRINCIPLE OF STARE DECISIS
UNDER ART. 7
The doctrine of Stare Decisis or let it stand, is
adhered in the Philippines for reasons of stability
in the law. The doctrine, which is really
adherence to the precedents states that once a
case has been decided one way, then another case,
involving the same point at issue, should be Laws shall have no retroactive effect, unless the
decided in the same manner. contrary is provided

Of course, when a case has been decided A. REASON WHY LAWS IN GNERAL ARE
erroneously, such an error must not be PROSPECTIVE
perpetuated by blind obedience to the doctrine. While the judge looks backward, the
legislator must look forward

35. IGNORANCE OF THE LAW EXCUSES NO ONE B. 6 EXCEPTIONS TO THE PROSPECTIVE

EFFECT OF THE LAW
Art. 3
1. If the law themselves provide for
Ignorance of the law excuses no one from retroactivity but in no case must an
compliance therewith. ex post facto law be passed
2. If the laws are REMEDIAL in nature
Refers not only to the literal words of the
law itself, but also to the meaning or 3. If the stature is PENAL in nature,
provided:
interpretation given to said law by our
a. It is favorable to the accused/
courts of justice
the convict
36. Rule when the repealing law is itself b. The accused/convict is not a
repealed habitual delinquent as the
term defined under the RPC
ART. 7 4. If the law are of an EMRGENCY
nature
EFFECT IF THE REPEALING LAW IS ITSELF
5. If the law is CURATIVE
REPEALED
6. If a SUBSTANTIVE RIGHT be
declared for the 1st rime, unless
Expressed vested rights are impaired.

A expressly repealed by B 38. Rights are waivable

B expressly repealed by C ART. 6

A not revived unless expressly Rights may be waived, unless the waiver is
provided by C contrary to law, public order, public policy, morals
or good cutoms, or prejudicial to a 3rd person with
a right recognized by law.
Implied
B. RULES FOR THE WAIVER OF RIGHTS
General Rule: Rights may be
A impliedly repealed by B waived

B impliedly repealed by C Exceptions:

When the waiver is
A is REVIVED!! Unless C
contrary to law, public
provides otherwise
order, public policy, morals
or good customs
37. PROSPECTIVITY OF LAWS
When the waiver is
ART. 4 prejudicial to a third
person with a right
recognized by law
 Laws shall take effect after 15 days following the
REQUISITES OF A VALID WAIVER: completion of their publication in the official
gazette, or in a newspaper of general circulation,
1. The person waiving must be
unless it is otherwise provided. This code shall
CAPACITATED to make the waiver
take effect 1 year after such publication.
2. The waiver must be made CLEARLY,
but not necessarily expressed. 42. WHEN IS PUBLICATION NEEDED
3. The person waiving must ACTUALLY
HAVE THE RIGHT which he is Publication is needed if it is punitive in character.
renouncing
4. In certain instances, the waiver, as in
the express remission of a debt owed
in favor of the waiver, must comply
with the formalities of donation.
5. The waiver must not be contrary to
law, morals, public policy, public order
or good customs
6. Waiver must not prejudice others with
a right recognized by law.

39. HOW ARE PERIODS COMPUTED

ART. 13

When the law speaks of years, months, days or

nights, it shall be understood that years are of 365
days each; months, of 30 days; days of 24 hours;
and nights from sunset to sunrise.

If months are designated by their name, they shall

be computed by the number of days which they
respectively have.

In computing a period, the 1st day shall be

excluded and the last day included.

40. DOCTRINE OF PROCESSUAL PRESUMPTION

A. IGNORANCE OF THE FACT

Ignorance of foreign law is not
ignorance of the law, but ignorance of
the fact because foreign laws must be
alleged and proved as matters of fact
there being no judicial notice of said
foreign laws
If the foreign law is not properly
alleged and proved, the presumption
is that it is the same as our law
(PROCESSUAL PRESUMPTION)

41. WHEN DOES LAW TAKE EFFECTS

ART 2 amended by EO 200