GRANDE VS ANTONIO

-Grande and Antonio are living together with 2 children, Andre (1998), Jerard (1999) even though
Antonio is married to someone else. He did not recognized his children and his relationship with Grande
did not work.

-In 2007, Grande and her children left for US and Antonio did not just sit back and file a Petition for
Judicial Approval of Recognition with Prayer to take Parental Authority, Parental Physical Custody,
Correction/Change of Surname of Minors and for the Issuance of Writ of Preliminary Injunction before
the Regional Trial Court in Cagayan.

-The court is in favor with Antonio and said that it would be better if the children are under his custody
and the petition is granted.

-Use the surname Antonio, P30k a month (70% on Antonio and 30% on Grande), Antonio have 2 times
visit rights. But he wanted more: a judicial conferment of parental authority, parental custody, and an
official declaration of his children’s surname as Antonio.

-Respondent Antonio failed to prove that petitioner Grande committed any act that adversely affected
the welfare of the children or rendered her unsuitable to raise the minors, she cannot be deprived of
her sole parental custody over their children.

- Art. 176. – Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may
use the surname of their father if their filiation has been expressly recognized by their father through the
record of birth appearing in the civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has the right to institute an action
before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child
shall consist of one-half of the legitime of a legitimate child.

- Art. 176 gives illegitimate children the right to decide if they want to use the surname of their father or
not. It is not the father (herein respondent) or the mother (herein petitioner) who is granted by law the
right to dictate the surname of their illegitimate children.

-Ang legitimate child ay pwede ding mamili at hindi gamitin ang surname ng legitimate father

REMO VS. SECRETARY OF FOREIGN AFFAIRS

-Maria Remo is a married fil citizen who wanted to renew his passport expiring on October 2000 with
the infos: "Rallonza" as her surname, "Maria Virginia" as her given name, and "Remo" as her middle
name.

-provision in the law that it is not obligatory for a married woman to use her husband’s name. Use of
maiden name is allowed in passport application only if the married name has not been used in previous
application.
- The Implementing Rules and Regulations for Philippine Passport Act of 1996 clearly defines the
conditions when a woman applicant may revert to her maiden name, that is, only in cases of annulment
of marriage, divorce and death of the husband. Ms. Remo’s case does not meet any of these conditions.

-2004: denied the motion for recon

- ART. 370. A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname, or

(2) Her maiden first name and her husband's surname, or

(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as "Mrs."

BORROMEO VS. DESCALLAR

-Wilhelm Jambrich is an australian who arrived in the Mindoro, Philippines in 1983 because of his work.
He transferred to Cebu to work at the National Power Corporation and met Antonietta Descalar, a
waitress, who is separated and have 2 son

-He asked to tutor him in English at Antonietta’s residence in Gorordo Avenue

-They fell inlove and live together in Hernan Cortes, Mandaue City. Later, they transferred to their own
house and lots at Agro-Macro Subdivision, Cabancalan, Mandaue City.

- In the Contracts to Sell dated November 18, 1985 and March 10, 1986 covering the properties,
Jambrich and respondent were referred to as the buyers. A Deed of Absolute Sale dated November 16,
1987 was issued. when the Deed of Absolute Sale was presented for registration before the Register of
Deeds, registration was refused on the ground that Jambrich was an alien and could not acquire
alienable lands of the public domain. Consequently, Jambrich’s name was erased from the document.
Jambrich also formally adopted respondent’s two sons

- However, the idyll lasted only until April 1991. By then, respondent found a new boyfriend while
Jambrich began to live with another woman in Danao City. Jambrich supported respondent’s sons for
only two months after the break up.

-Jambrich met petitioner Camilo F. Borromeo sometime in 1986 in which Jambrich bought some engine
and accessories for his boat. To pay for his debt, he sold his rights and interests in the Agro-Macro
properties to petitioner for ₱250,000, as evidenced by a "Deed of Absolute Sale/Assignment." On July
26, 1991, when petitioner sought to register the deed of assignment, he discovered that titles to the
three lots have been transferred in the name of respondent, and that the subject property has already
been mortgaged.

-Sabi ni girl nagbayad naman daw siya nung binili yung lupa kaso sabi ni SC it shows in the evidence na
she works as a waitress with a salary na 1k and nakatira lang sa squatter and has a worst financial
situation. it is highly improbable and impossible that she could acquire the properties under litigation or
could contribute any amount for their acquisition which according to her is worth more than
₱700,000.00 when while she was working as [a] waitress at St. Moritz Hotel earning ₱1,000.00 a month
as salary and tips of more or less ₱2,000.00 she could not even provide [for] the daily needs of her
family so much so that it is safe to conclude that she was really in financial distress when she met and
accepted the offer of Jambrich to come and live with him because that was a big financial opportunity
for her and her children who were already abandoned by her husband.

- First, who purchased the subject properties? It clearly shows that Jambrich has the financial capacity to
buy the lot. Tapos nag offer pa si Jambrich na patirahin sa magandang bahay yung pamilya

-walang co-ownership kase nung nag live in sila ay kasal pa si girl sa iba. CERTIFICATES OF TITLE ARE
NOT A SOURCE OF RIGHT.

VOCABS:

* PRO FORMA - made or done as a formality or it could also mean "as a matter of form”

*TORRENS SYSTEM - the Torrens system aims to decree land titles that shall be final, irrevocable, and
indisputable, and to relieve the land of the burden of known as well as unknown claims.

* VOID AB INITIO