SilvaVsPeralta

AlfredBenedictT.SanAndres Law100PaFR GroupB1

FACTS:
Esther Peralta and Saturnino Silva got married and lived together but Saturnino had a previous
marriagewithPriscillaIsabel
Saturnino went to US for medical treatment, divorced Priscilla, and married Plaintiff Elenita
LedesmaSilva
Upon return to Philippines, Esther demanded support for their child. Saturnino refused and
Estherfiledasuitforsupport.
ElenitafiledanothercaseseekingtoenjoinEstherfromusingthelastnameSilva

ISSUES/HELD
WoNEsthercanusethelastnameSilva.NO

RATIONALE
EstherwasnotlegallymarriedtoSaturninoduetoapriorexistingmarriage
However, damages cannot be awarded to Elenita since there was no bad faith present on the
partofEsthershe,ingoodfaith,regardedherselfastherightfulwifeofSaturnino