John Louie L.

Santos
1-R
Legal Research Paper
Draft Legal Opinion

Lerpido & Santos Law Offices

Quezon City
I. Child Custody
November 12, 2019

Mr. Francis Suemith

Valle Verde 5
Pasig City

Re: Whether or not you are eligible to be the guardian of your grandchild, C

Dear Mr. Suemith,

This is a legal opinion seeking to answer whether or not you are eligible
to be the guardian of your grandchild, since her mother had signed a waiver
that she is renouncing her rights to be her child’s parent.

The Facts:
Your son, A, was married to B on 10 January 2000. They have a child,
C, 6 years of age. C has been staying with me since he was born, and I have
raised him as my own. A and B separated since C was born. When they
separated, B executed a document, saying that she waives all her rights to C.
B then left for the United States after she and my son separated. She came
back just recently and wants to get C from me.

Legal Basis:
Article 213 of the Family Code provides that, “In case of separation of
the parents, parental authority shall be exercised by the parent designated by
the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent
chosen is unfit. No child under seven years of age shall be separated from
the mother unless the court finds compelling reasons to order otherwise”1

1
​FAMILY CODE, art 213
 It is expressly provided in the facts stated that your grandchild is under
seven years of age, six years old to be exact, and under the said article
above, he shouldn’t be separated from his mother due to the age unless the
court finds compelling reasons to legally qualify that the mother is unfit to
take care of her child.

In ​Perez vs CA2, one of the grounds that have been considered as an

ample justification to deprive a mother of the parental authority and custody
of her child was neglect and abandonment3.

B clearly abandoned C when she and A separated, left to go to the United

States of America and signed a waiver stating that she's regarding her
parental authority over C. It is understood that she had the intention to leave
her child when she denounced her rights over your grandchild, which is a
clear ground of abandonment that you could use as your legal argument in
court against B.

Also, under Article 214 of the Family Code, the surviving grandparent of
the child could be a substitute to exercise the parental authority of the child.4

Answer:
Under these circumstances provided, as mentioned in the articles above
and stated case, there is a possibility that the court could grant you custody
of your grandchild.

Nevertheless, the opinion provided in this legal document was based on

the facts collected from you at present and what the current law provides in
this specific case. Additional information whether coming from the side of B
or you in the future could reshape on how the ruling would be and who the
court will grant C’s custody.

Sincerely,
John Louie L. Santos

2
​GR No. 118870, March 29, 1996
3
​Medina vs Makabali, 27 SCRA 502 (1969); cited in Perez vs CA, supra
4
​FAMILY CODE, art 214
 Lerpido & Santos Law Offices
Quezon City

II. Notice of Dishonor

November 12, 2019

Mrs. Ilai Estoesta

Corinthian Gardens Subdivision
Quezon City

Re: Whether or not a notice of dishonor sent by registered mail is sufficient

Dear Mrs. Estoesta,

This is a legal opinion seeking to answer whether or not a notice of

dishonor sent by registered mail is sufficient.

The Facts:
You (Mrs. Estoesta) loaned money to an Estafadora in the amount of
Php5,000,000.00. She executed a post-dated check as payment, but it was
dishonored for being drawn against insufficient funds. You sent her a notice
of dishonor by registered mail as she refused to acknowledge receipt.

Legal Basis:
Under sections 103 and 104, VII. Notice of Dishonor of Negotiable
Instruments Law provides:

Sec. 103. Where parties reside in same place. Where the person giving and
the person to receive notice reside in the same place, notice must be given
within the following times:
(c) If sent by mail, it must be deposited in the post office in time to reach
him in usual course on the day following. 5

Sec. 104. Where parties reside in different places. Where the person giving
and the person to receive notice reside in different places, the notice must be
given within the following times:

5
​Act No. 2031
(a) If sent by mail, it must be deposited in the post office in time to go by
mail the day following the day of dishonor, or if there be no mail at a
convenient hour on last day, by the next mail thereafter.
(b) If given otherwise than through the post office, then within the time that
notice would have been received in due course of mail, if it had been
deposited in the post office within the time specified in the last subdivision.6

However, it was stated in ​Resterio v. People of the Philippines7, t​ hat the

authentication by affidavit of the mailer or the testimony in court of the
mailer or mailers on the fact of mailing was necessary documents in the
giving of the notice of dishonor by registered mail.8

Answer:
Under these circumstances provided by the Negotiable Instruments Law
and a recent case ruling, sending it via registered mail alone wouldn’t render
the notice of dishonor sufficient alone, but it should be accompanied with
the authentication by affidavit of the mailer or the testimony in court of the
mailer or mailers on the fact of mailing. of the said document.

The opinion provided in this legal document was based on the facts
collected from you and what the current law provides and recent court ruling
in this specific case. Said law could be revised or ruling be reversed in the
future and would possibly lay out new means and ways on how to send a
notice of dishonor.

Sincerely,
John Louie L. Santos

6
​Act No. 2031
7
​GR No. 177438, September 24, 2012
8
​Resterio vs People of the Philippines, GR No. 177438, September 24, 2012