2006 Bar Exam

The petition will not prosper.

In a case decided by the Supreme Court, for the change of name to

prosper it is necessary that the reason why a person changed is name is
personal. It is not proper for the person to change his name to
accommodate the will of the other person.

Here, Jesus wanted to change his name to accommodate the will of

Mary Grace that is to change his name from Jesus to Roberto because the
former name is the name of the father of Mary Grace who abandoned
them. Hence, the petition will not prosper.

No, under the law, Jesus may only change his name once. In
addition, the petition for change of name may be denied on the following
grounds:
(1) Jesus is neither ridiculous, nor tainted with dishonor nor extremely
difficult to write or pronounce.
(2) There is no confusion to be avoided or created with the use of the
registered first name or nickname of the petitioner.
(3) The petition involves the same entry in the same document, which was
previously corrected or changed under this Order [Rules and Regulations
Implementing RA 9048].

Only clerical or typographical errors and first or nick names may be

changed or corrected without a judicial order under RA 9048.

Clerical or typographical errors refer to mistakes committed in the

performance of clerical work in writing, copying, transcribing or typing an
entry in the civil register. The mistake is harmless and innocuous, such as
errors in spelling, visible to the eyes or obvious to the understanding, and
can be corrected or changed only by reference to other existing records.
Provided, however, that no correction must involve the change of
nationality, age, status or sex of the petitioner.

1998 Bar Exam

(1)

No, Wilma cannot claim that Willy has hereditary share.

Under the Civil Code, the one who claims that the person is died
must prove the same. The death of the person must not be presumed.

Here, Wilma must prove first that Willy was died in the plane crash.
Wilma cannot claim immediately the share of his husband on the mere
presumption that Willy is still alive because he is younger compare to his
father. Hence Wilma cannot claim that Willy has hereditary share.

(2)

No, Wilma cannot successfully claim that one-half of the proceeds

must belong to Willy’s estate.

Wilma must show proof first that Willy is already dead before one-half
of the proceeds can go to his estate. The Civil Code requires that the death
of the person must be proved first because the law does not favor
automatic presumption of death.
 (1)
No, Wilma cannot successfully claim that Willy had a hereditary share
in his father's estate. Under Art. 43, Civil Code, two persons "who are
called to succeed each other" are presumed to have died at the same time,
in the absence of proof as to which of them died first. This presumption of
simultaneous death applies in cases involving the question of succession
as between the two who died, who in this case are mutual heirs, being
father and son.
(2)

Yet, Wilma can invoke the presumption of survivorship and claim that
one-half of the proceeds should belong to Willy's estate, under Sec. 3 (jj)
par. 5 Rule 131, Rules of Court, as the dispute does not involve
succession. Under this presumption, the person between the ages of 15
and 60 years is deemed to have survived one whose age was over 60 at
the time of their deaths. The estate of Willy endowed with juridical
personality stands in place and stead of Willy, as beneficiary.

2012 Bar Exam

I
(b)

Yes, Ricky is entitled to recover the 1 million donated.

Under the Civil Code, a child with intra-uterine life of less than 7
months is deemed alive if it survive 24 hours from its separation in the
umbilical cord of its mother.
 Here, the child of Ricky was died 20 hours after her birth. The
presumption in the Civil Code was not met, since Angela was died 20 hours
after the birth. Hence, Ricky can recover the 1 million donated to Angela.
Yes, Ricky is entitled to recover the P1,000,000.00. The NCC
considers a fetus a person for purposes favorable to it provided it is born
later in accordance with the provision of the NCC. While the donation is
favorable to the fetus, the donation did not take effect because the fetus
was not born in accordance with the NCC.

To be considered born, the fetus that had an intrauterine life of less

than seven (7) months should live for 24 hours from its complete delivery
from the mother’s womb. Since Angela had an intrauterine life of less than
seven (7) months but did not live for 24 hours, she was not considered born
and, therefore, did not become a person. Not being a person, she has no
juridical capacity to be a donee, hence, the donation to her did not take
effect. The donation not being effective, the amount donated may be
recovered. To retain it will be unjust enrichment.

2008 Bar Exam

IV
(a)

Yes, Gianna can change her status from illegitimate to legitimate.

In a case decided by the Supreme Court, filiation status of a person

can be change by the person concerned in order to rectify the incorrect
entry.

Here, Gianna can change his filiation status since the entry in her
birth certificate is incorrect. The parents of Gianna are not married and
there is an existing legal impediment to celebrate the marriage, hence
Gianna can change Her status.

Yes, Gianna can bear Aimee’s maiden name.

Under the Civil Code, an illegitimate can use his mother’s surname.

Yes, a judicial action for correction of entries in Gianna's birth

certificate can be successfully maintained to change (a) her status from
"legitimate" To "illegitimate," and (b) her surname from that of Andy's To
Aimee's Maiden surname in accordance with Rule 108 of the Rules of
Court because said changes are substantive corrections.
(b)

No, administrative proceedings cannot be brought for the purposes of

making the above corrections.

In a case decided by the Supreme Court, administrative proceedings

for correction of entry are proper only if the changes will not affect the
Status of a person.

No. An administrative proceeding cannot be brought for the purpose

of making the above corrections. R.A. 9048, otherwise known as the
Clerical Error Act, which authorizes the city or municipal civil registrar or the
consul general to correct a clerical or typographical error in an entry and/or
change the first name or nickname in the civil register without need of a
judicial order. Errors that involve the change of nationality, age, status,
surname or sex of petitioner are not included from the coverage of the said
Act (Silverio v. Republic, G.R. No. 174689, 22 Oct., 2007).

2009 Bar Exam

 XII
A.

Yes, the suit will prosper.

Under the Civil Code, the status and family relations of a person is
governed by its own national laws.

Here, the annulment of marriage is governed by the national laws of

Emmanuel and Margarita since its issues involves family relations and
status. Hence, the suit will prosper.

No, the suits will not prosper. As applied to foreign nationals with the
respect to family relations and status of persons, the nationality principle
set forth in Article 15 of the Civil Code will govern the relations of
Emmanuel and Margarita. Since they are American citizens, the governing
law as to the ground for annulment is not Kenyan Law which Margarita
invokes in support of sterility as such ground; but should be U.S. Law,
which is the national Law of both Emmanuel and Margarita as recognized
under Philippine Law. Hence, the Philippine court will not give due course
to the case based on Kenyan Law. The nationality principle as expressed in
the application of national law of foreign nationals by Philippine courts is
established by precedents (Pilapil v. Ibay-Somera, 174 SCRA 653[1989],
Garcia v. Recio, 366 SCRA 437 [2001], Llorente v. Court of Appeals 345
SCRA 92 [2000], and Bayot v. Court of Appeals 570 SCRA 472 [2008]).