Sample Problems Memorandum and Opinion Making

Disclaimer: This Sample Problems are from Atty. Ralph Sarmiento….just sharing this to all of you…. –Askal-

PART 1 – TRIAL MEMORANDUM:

Consider the following direct testimonies given in a hypothetical case for annulment of contract. Assume that you are the lawyer for either one of the parties. Using the information given, choo se one side and write a memorandum of arguments that the court may consider con sider before deciding the case.

1.

Testimony of the Plaintiff 

COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Anna Geronimo, 35 years old, married and an accountant. ATTY. RICHARD VALDEZ: With the Court’s permission. Ms. Geronimo, do you know the defendant in this case, Mr. Peter Pascual? A:

Yes.

Q:

How do you know him?

A:

My husband, Raul Geronimo, and I have been friends with him since our college days.

Q: Could you please tell us why you filed this suit for annulment of contract with damages against him? A: My husband sold our one-bedroom condominium unit to Mr. Pascual without my consent. Q:

Could you please tell us how you learned about the sale?

A:

I knew about the sale because I was the one who offered the property to Mr. Pascual.

Q:

Could you please elaborate on that?

A: Since we got married in 2006, my husband and I have been living in a one-bedroom condominium unit. When I learned that I was having a baby sometime in 2008, we decided to  buy a house to make room for the nanny and all the baby stuff we need. Q:

When did you acquire this condo unit?

A:

My husband bought it in 2001 when he was still single.

Q:

But you have been living there since you got married?

A:

Yes.

Q:

So, how did Mr. Pascual learn about your plan to buy a house?

A: Like I said, we were close friends. He usually came to our condo unit for weekend dinners. Sometime in January 2009, I mentioned ou r plan to him. He said that he would love to  buy our condo unit should we w e finally decide to sell it. He mentioned something about it being a good investment. Q:

When did the actual negotiations for the sale of the condo unit start?

A: In April 2009, I called Mr. Pascual and informed him that we finally found a house. I told him that we were now selling our ou r condo unit. Since he was still interested in buying it, I offered it to him at P2 million. He said that he h e will call back once the deed of sale and manager’s check  were ready. Q:

Did he call back?

A: I left for the United States in May 2009 to give birth. He called my husband while I was away. Q: If you were the one who negotiated the sale, why are you saying now that your husband sold the condo unit without your consent? A: While I was in the United States, I decided not to sell the condo unit anymore. I thought it would be better to keep it in the meantime as an investment. Q:

Did you tell your husband about this?

A: Yes. He called me in June 2009. He said that he already signed the deed of sale and that he already has the manager’s check. When I told him that I already changed my mind, he said that we will just talk about it when I get back. Q:

When did you return?

A:

In September 2009.

Q:

What happened then?

A: I called Mr. Pascual and explained that we were no longer selling the condo unit. I even offered to return his money in cash. Q:

Did he agree?

A:

No. He insisted that the sale had been consummated and refused to accept the money.

Q:

What did you do?

A:

I consulted a lawyer and decided to file a suit for annulment of contract with damages.

ATTY. RICHARD VALDEZ: That is all for the witness, your honor.

2.

Statement of the Defendant

A:

Yes.

Q:

So, how did Mr. Pascual learn about your plan to buy a house?

A: Like I said, we were close friends. He usually came to our condo unit for weekend dinners. Sometime in January 2009, I mentioned ou r plan to him. He said that he would love to  buy our condo unit should we w e finally decide to sell it. He mentioned something about it being a good investment. Q:

When did the actual negotiations for the sale of the condo unit start?

A: In April 2009, I called Mr. Pascual and informed him that we finally found a house. I told him that we were now selling our ou r condo unit. Since he was still interested in buying it, I offered it to him at P2 million. He said that he h e will call back once the deed of sale and manager’s check  were ready. Q:

Did he call back?

A: I left for the United States in May 2009 to give birth. He called my husband while I was away. Q: If you were the one who negotiated the sale, why are you saying now that your husband sold the condo unit without your consent? A: While I was in the United States, I decided not to sell the condo unit anymore. I thought it would be better to keep it in the meantime as an investment. Q:

Did you tell your husband about this?

A: Yes. He called me in June 2009. He said that he already signed the deed of sale and that he already has the manager’s check. When I told him that I already changed my mind, he said that we will just talk about it when I get back. Q:

When did you return?

A:

In September 2009.

Q:

What happened then?

A: I called Mr. Pascual and explained that we were no longer selling the condo unit. I even offered to return his money in cash. Q:

Did he agree?

A:

No. He insisted that the sale had been consummated and refused to accept the money.

Q:

What did you do?

A:

I consulted a lawyer and decided to file a suit for annulment of contract with damages.

ATTY. RICHARD VALDEZ: That is all for the witness, your honor.

2.

Statement of the Defendant

COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Peter Pascual, 36 years old, single and a sales manager. ATTY. JUDD LAUREL: With the Court’s permission. Mr. Pascual, do you know the plaintiff in this case, Ms. Anna Geronimo? A:

Yes.

Q:

How do you know her?

A:

I have been friends with her and her husband, Raul Geronimo, since college.

Q:

Do you know why she filed this suit for annulment of contract with damages against you?

A: She claims that her husband sold their one-bedroom condominium unit to me without her  consent. Q:

Could you please tell us how you learned that the condo unit was for sale?

A: Sometime in January 2009, I visited their condo unit. Ms. Geronimo told me that they were planning to buy a house. They were expecting a baby soon and they would need a nursery room and storage area for their baby stuff. Q:

What did you tell her when you heard that?

A: Since I have been living in an apartment for several years, I thought it might be a good idea to invest and buy my own condo unit. Since the spouses Geronimo have been my friends for  a long time, I have seen how they took care of o f their condo unit. Thus, I told Ms. Geronimo that I will buy it should they finally decide to sell it. Q:

What did she say?

A:

She promised to call me once they have found a house.

Q:

Did she call?

A:

Yes.

Q:

When?

A: In April 2009, she told me that they finally found a house. She asked if I was still interested in buying their condo unit. When I told her I was, she informed me that they were giving it for P2 million. Q:

Did you accept the offer?

A:

Yes. I said that I’ll call back once the deed of sale and manager’s check were ready.

Q:

When did the deed and payment become ready?

A: I immediately asked a lawyer-friend to prepare the necessary deed of sale. I also prepared a manager’s check for P2 million. Sometime in June 2009, I met up with Mr. Geronimo. I told him that the sale could not have come at a better time since I was getting married and will use the condo unit as our conjugal home. After I handed him the manager’s check, he signed the deed of  sale.

Q:

How about Ms. Geronimo? Did she sign the deed of sale?

A:

No.

Q:

Why not?

A:

She was in the United States to give birth.

Q:

When did you learn that Ms. Geronimo did not want to sell the condo unit anymore?

A: When she returned in September 2009, Ms. Geronimo called me. She said they won’t be selling the condo unit anymore. Q:

What did you tell her?

A:

I told her that they can’t back out now. The sale had been consummated.

Q:

Were you able to get the certificate of title from Mr. Geronimo?

A:

Yes.

Q:

To whom was it named?

A:

It was under the name of Mr. Geronimo.

Q:

Were you able to have it transferred in your name?

A:

Yes.

Q:

Did you tell Ms. Geronimo about that?

A:

Yes.

Q:

What did she say?

A: She said that the condo unit was their property. Since there was no valid consent from her  end, she will have the deed of sale annulled. Q:

Would you know of any reason why she suddenly changed her mind?

A: Actually during that phone call, she told me that she wasn’t happy that I was getting married and was going to use the condo unit as our conjugal home. I think she might be jealous  because I always thought her to be extremely nice and sweet to me. But that’s absurd. She’s already married and we have been really good friends. ATTY. JUDD LAUREL: That is all for the witness, your honor.

Laws and jurisprudence that may apply

1. Article 96 of the Family Code

The administration and enjoyment of the community property shall belong to both spouses  jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must b e availed of within five years from the date of  the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of  administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court  before the offer is withdrawn by either or both o fferors.

2. Article 124 of the Family Code

The administration and enjoyment of the conjugal partnership shall belong to both spouses  jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must b e availed of within five years from the date of  the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of  administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court  before the offer is withdrawn by either or both o fferors.

3. Article 1318 of the Civil Code

There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established.

4. Article 1319 of the Civil Code

Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made.

5. Article 1330 of the Civil Code

A contract where consent is given through mistake, violence, intimidation, undue influence, or  fraud is voidable.

6. Article 1390 of the Civil Code

The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract; (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or  fraud. These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification.

7. Article 1431 of the Civil Code

Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon.

8. Jader-Manalo v. Camaisa, G.R. No. 147978, January 23, 2002, 374 SCRA 498

The law requires that the disposition of a conjugal property by the husband as administrator in appropriate cases requires the written consent of the w ife, otherwise, the disposition is void. The  properties subject of the contracts in this case were conjugal; hence, for the contracts to sell to be effective, the consent of both husband and wife must concur.

Respondent Norma Camaisa admittedly did not give her written consent to the sale. Even granting that respondent Norma actively participated in negotiating for the sale of the subject  properties, which she denied, her written consent to the sale is required by law for its validity. Significantly, petitioner herself admits that Norma refused to sign the contracts to sell. Respondent Norma may have been aware of the negotiations for the sale of their conjugal  properties. However, being merely aware of a transaction is not consent.

9. Abalos v. Macatangay, Jr., G.R. No. 155043, September 30, 2004, 439 SCRA 649

Being essentially consensual, a contract of sale is perfected at the moment there is a meeting of  the minds upon the thing which is the object of the contract and upon the price. However, ownership of the thing sold shall not be transferred to the vendee until actual or constructive delivery of the property.

[T]he husband may dispose of conjugal property without the wife’s consent if such sale is necessary to answer for conjugal liabilities mentioned in Articles 161 and 162 of the Civil Code. In Tinitigan v. Tinitigan, Sr., the Court ruled that the husband may sell property belonging to the conjugal partnership even without the consent of the wife if the sale is necessary to answer for a  big conjugal liability which might endanger the family’s economic standing. This is one instance where the wife’s consent is not required and, impliedly, no judicial intervention is necessary.

10. Ainza v. Padua, G.R. No. 165420, June 30, 2005, 462 SCRA 614

The consent of both Eugenia and Antonio is necessary for the sale of the conjugal property to be valid. Antonio’s consent cannot be presumed. Except for the self-serving testimony of petitioner   Natividad, there is no evidence that Antonio participated or consented to the sale of the conjugal  property. Eugenia alone is incapable of giving consent to the contract. Therefore, in the absence of Antonio’s consent, the disposition made by Eugenia is voidable.

11. Co Chien v. Sta. Lucia Realty and Development, Inc., G.R. No. 162090, January 31, 2007, 513 SCRA 570

[A] person is considered in estoppel if by his conduct, representations or admissions or silence when he ought to speak out, whether intentionally or through culpable negligence, "causes another to believe certain facts to exist and such other rightfully relies and acts on such belief, as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts."

12. Malbarosa v. Court of Appeals, G.R. No. 125761, April 30, 2003, 402 SCRA 168

The acceptance of an offer must be made known to the offeror. Unless the offeror knows of the acceptance, there is no meeting of the minds of the parties, no real concurrence of offer and acceptance. The offeror may withdraw its offer and revoke the same before acceptance thereof   by the offeree. The contract is perfected only from the time an acceptance of an offer is made known to the offeror. If an offeror prescribes the exclusive manner in which acceptance of his offer shall be indicated by the offeree, an acceptance of the offer in the manner prescribed will  bind the offeror. On the other hand, an attempt on the part of the offeree to accept the offer in a different manner does not bind the offeror as the absence of the meeting of the minds on the altered type of acceptance. An offer made inter praesentes must be accepted immediately. If the  parties intended that there should be an express acceptance, the contract will be perfected only upon knowledge by the offeror of the express acceptance by the offeree of the offer. An acceptance which is not made in the manner prescribed by the offeror is not effective but constitutes a counter-offer which the offeror may accept or reject. The contract is not perfected if  the offeror revokes or withdraws its offer and the revocation or withdrawal of the offeror is the first to reach the offeree. The acceptance by the offeree of the offer after knowledge of the revocation or withdrawal of the offer is inefficacious. The termination of the contract when the negotiations of the parties terminate and the offer and acceptance concur, is largely a question of  fact to be determined by the trial court.

13. Bautista v. Silva, G.R. No. 157434, September 19, 2006, 502 SCRA 334

To establish his status as a buyer for value in good faith, a person dealing with land registered in the name of and occupied by the seller need only show that he relied on the face of the seller's certificate of title. But for a person dealing with land registered in the name of and occupied by the seller whose capacity to sell is restricted, such as by Articles 166 and 173 of the Civil Code or Article 124 of the Family Code, he must show that he inquired into the latter's capacity to sell in order to establish himself as a buyer for value in good faith.

14. Ravina v. Villa Abrille, G.R. No. 160708, October 16, 2009, 604 SCRA 120

In the present case, the property is registered in the name of Pedro and his wife, Mary Ann. Petitioners cannot deny knowledge that during the time of the sale in 1991, Pedro was married to Mary Ann. However, Mary Ann’s conformity did not appear in the deed. Even assuming that  petitioners believed in good faith that the subject property is the exclusive property of Pedro, they were apprised by Mary Ann’s lawyer of her objection to the sale and yet they still  proceeded to purchase the property without Mary Ann’s written consent.

PART 1 – TRIAL MEMORANDUM:

Consider the following direct testimonies given in a hypothetical case for damages. Assume that you are the lawyer for either one of the parties. Using the information given, choose one side and write a memorandum of arguments that the court may consider before deciding the case.

1. Testimony of Complainant

COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Luz Diaz, 65 years old, a widow and resident of Mountain View Subdivision, Antipolo, Rizal. ATTY. RICO SANTOS: With the Court’s permission. Ms. Diaz, how long have you been a resident of Mountain View? A:

Thirty (30) years, sir.

Q:

Do you know Ms. Emma Crisostomo?

A:

Yes, sir.

Q:

How do you know her?

A:

She is my neighbor in Mountain View for the last three (3) years.

Q:

Why are you now suing Ms. Crisostomo?

A:

Because her carpenter killed my dog.

Q:

How did her carpenter do this?

A:

His truck was parked in front of Emma’s house and rolled backwards, crushing my dog.

Q:

How did the truck roll backwards when it was parked?

A: The street where we lived is sloping and for some reason, the truck moved backwards and ran over my dog. Q:

When did this happen?

A:

In the afternoon of October 25, 2010.

Q:

What is your dog’s name?

A:

Trix

Q:

What kind of dog was he?

A:

He was a poodle.

Q:

How old was Trix?

A: He would have turned eight years old last month if he hadn’t died. He’s been with me since my husband passed away eight years ago. Q:

How did you find out about Trix’s death?

A: I was taking my siesta by the day bed in my living room and noticed that Trix was no longer by my feet. He always sleeps by my feet. Q:

What did you do when you noticed he wasn’t there anymore?

A: I got up to look for him. I thought he was in the kitchen because he liked to go there to rub his belly on the tile floor, but he was not there. Q:

Where did you look for him next?

A:

I decided to go to the garden because he also liked playing with the plants there.

Q:

Did you find him there?

A:

Before I even reached the garden, I heard a loud crashing bang. Then I heard his cries.

Q:

What did you do next?

A: I ran towards the gate because the sound came from outside. When I opened the gate, I saw Trix under the wheel of a truck. Q:

What else did you see?

A: The truck was backed up against a tree by the sidewalk and Trix was thrashing and squealing underneath the truck. Blood was coming out of his mouth. Q:

What did you do then?

A: I cried and screamed for Nilda, my helper, and shouted for the guards who roamed the subdivision, but no one came. Q:

Did you try to save Trix?

A: I could not save him even if I wanted to, because there was no one in the truck’s driver  seat. I do not know how to drive, so I just kept crying and screaming. Q:

What happened to Trix then?

A:

He kept on howling until he stopped moving and making any sound. He died soon after.

Q:

Did you know who owned the truck?

A: Yes, it has always been parked in front of Emma’s house ever since she began renovating it. I knew it belonged to one of her carpenters. Q:

Did you complain to Emma?

A:

Yes, I banged on her gate as soon as Trix died.

Q:

What did Emma do?

A: She called the owner of the truck. I kept on crying and crying because I loved Trix very much but she did not do anything. Q:

What did Emma say to you, if any?

A: She said that it was not her carpenter’s fault that Trix was run over by the truck because it was properly parked. She said that it was only an accident. Q:

What did you say to her?

A: I told her that the truck could not have been properly parked because it moved by itself. She got mad afterwards. Q:

Why did she get mad?

A: She said that I should not blame the carpenter because Trix was not supposed to be out on the streets in the first place. She even said it was good riddance because Trix was a pest. Q:

How did you react to what she said?

A: I got very mad too. I told her that she should get me another dog because Trix was my only companion. I took care of him like a baby. Q:

What did Ms. Crisostomo say?

A: She refused all my demands and insisted that it was my fault. ATTY. SANTOS: That is all, your honor.

2. Statement of Defendant

COURT STAFF: State your name and personal circumstances. WITNESS: I am Emma Crisostomo, 42 years old, married and a ho usewife. ATTY. REY REYES: Do you know the complainant in this case, Ms. Luz Diaz? A:

Yes, sir.

Q:

How do you know her?

A:

She is our neighbor in the subdivision.

Q:

When did you first meet Ms. Diaz?

A: I met her for the first time three (3) years ago when we moved into the subdivision. Her  dog pulled out the plants in my yard and I knocked on her door to complain. Q:

Is this the same dog that is the subject of this case?

A:

Yes, sir.

Q: Ms. Diaz testified that it was your carpenter’s fault that the truck ran over her dog. What can you say about that? A: It is not anyone’s fault but hers because the dog should not be out roaming the streets. It was a pesky dog and I have complained about it many times. Q:

What were your other complaints about the dog?

A: Well, the dog dug holes in my lawn. It would frequently deposit its wastes on our  driveway and also pee in front of our house, leaving a foul smell. One time, it even chased my little girl down the road. Q:

How many times have you complained about the dog to Ms. Diaz?

A: About eight (8) to ten (10) times in the last three (3) years. I even complained to the homeowners’ association after it chased my little girl. Q:

Is Ms. Diaz a member of the homeowners’ association?

A:

Yes, sir.

Q:

What did the homeowners’ association do?

A: The homeowners association passed a board resolution banning wandering dogs in the subdivision. It warned Ms. Diaz about her dog. Q: I have here a document entitled Board Resolution No. 3, series of 2009 issued by the Mountain View Subdivision Homeowners’ Association. Does this document have any relation to the board resolution you mentioned? A: Yes, it is the same document. ATTY. REYES: Your honor, we would like to have this document marked as Exhibit 1. COURT: Mark it. ATTY. REYES: Ms. Crisostomo, did the board resolution mention any pen alties for  wandering dogs? A: Yes, sir. The board resolution says that wandering dogs will be caught and thrown into the municipal dog pound. Q. Ms. Diaz says that you should be held liable for the careless way that your carpenter   parked his truck along the street. What can you say about that? A. My construction foreman assured me that the truck was properly parked in front of our  house. He followed subdivision rules when he parked the truck. Besides, if the dog was not out on its own, it would not have been killed. Luz has only herself to blame for letting her dog roam the streets freely. ATTY. REYES: That is all, your honor.

3. Statement of witness for defendant

COURT STAFF: State your name and personal circumstances. WITNESS: I am Gregorio Timbol, 53 years old, married and a carpenter. ATTY. REY REYES: Mr. Timbol, how long have you been working as a carpenter? A:

Thirty-five (35) years, sir, for as long as I can remember.

Q:

On October 25, 2010, were you working on a project?

A:

Yes, sir.

Q:

What project were you working on then?

A:

I was working on the renovation of Mrs. Emma Crisostomo’s house.

Q:

Was there anything unusual that happened on that day?

A:

Yes, sir. Mrs. Diaz’s dog got killed in an accident.

Q:

How did this accident happen?

A: It got run over by my truck which was parked in a sloping part of the street in front of  Mrs. Crisostomo’s house. Q:

Was the truck old?

A:

It was an old model, sir. I bought it second hand and had it overhauled and repainted.

Q:

How did you park the truck?

A: I followed the subdivision rules, sir. I parked it in front of Mrs. Crisostomo’s house and  put two large rocks against the back wheels to make sure that it doesn’t roll back down the street. Q:

Mrs. Diaz says that you carelessly parked the truck. What can you say about this?

A:

That is not true, sir. I followed all subdivision guidelines.

Q:

Then why did the truck roll backwards?

A:

The rocks were no longer there when I took a look at the scene after the

accident happened. Someone must have removed them. ATTY. REYES: That is all, your honor.

Laws and jurisprudence that may apply

1. Article 694 of the Civil Code

A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or  (2) Annoys or offends the senses; or  (3) Shocks, defies or disregards decency or morality; or  (4) Obstructs or interferes with the free passage of any public highway or street, or any body of  water; or  (5) Hinders or impairs the use of property.

2. Article 695 of the Civil Code

 Nuisance is either public or private. A public nuisance affects a community or neighborhood or  any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

3. Article 699 of the Civil Code

The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or  (2) A civil action; or  (3) Abatement, without judicial proceedings.

4. Article 704 of the Civil Code

Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, w ithout committing a breach of the peace, or doing unnecessary injury. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (2) That such demand has been rejected; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and

(4) That the value of the destruction does not exceed three thousand pesos.

5. Article 705 of the Civil Code

The remedies against a private nuisance are: (1) A civil action; or  (2) Abatement, without judicial proceedings.

6. Article 1159 of the Civil Code

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

7. Article 2176 of the Civil Code

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

8. Article 2179 of the Civil Code

When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and  proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover  damages, but the courts shall mitigate the damages to be awarded.

9. Article 2180 of the Civil Code The obligation imposed by Article 2176 is demanda ble not only for one's own acts or omissions,  but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who a re under  their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any  business or industry.

The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused  by their pupils and students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

10. Secosa vs. Francisco, G.R. No. 160039, June 29, 2004, 433 SCRA 273, 277

When an injury is caused by the negligence of an employee, there instantly arises a presumption that there has been negligence on the part of the employer, either in the selection of his employee or in the supervision over him after his selection. The presumption may be rebutted by a clear  showing that the employer exercised the care and diligence of a good father of the family in the selection and supervision of his employee.

11. Philippine National Railways vs. Court of Appeals, G.R. No. 157658, October 15, 2007, 536 SCRA 147, 154

 Negligence is the failure to observe, for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury – all that the law requires is for a person to use that care and diligence expected of sensible men under comparable circumstances.

12. Ramos vs. C.O.L. Realty Corporation, G.R. No. 184905, August 28, 2009, 597 SCRA 526, 535-536

Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken  by any efficient intervening cause, produces the injury, and without which the result would not have occurred. And more comprehensively, the proximate legal cause is that acting first and  producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate  predecessor, the final event in the chain immediately effecting the injury as a natural and  probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom.

PART 2 – LEGAL OPINION:

Below is an exchange between you and a hypothetical client. Based on the information given, write (1) a brief legal opinion/advice specifying the relevant facts of the case, the legal problems raised by your hypothetical client, your assessment of the issues involved, and the possible courses of action that may be taken under the law; and (2) one legal document that may be used in connection with your recommended course of action.

Judy Ann Sanchez has come to consult you about the possibility of her bringing a lawsuit against McBee as a result of the injuries she sustained after she fell from the food chain’s staircase. Judy Ann brought along her daughter, Mara Clarita, to the interview. Mara Clarita witnessed what happened. The following is your interview with h er.

Interview with Mara Clarita Sanchez,

accompanied by client, Judy Ann Sanchez January 10, 2011

Q:

Mara, where were you on October 18, 2010?

A:

I was at McBee-Metropark Branch with my mother, Judy Ann.

Q:

Did you see your mother fall from the staircase?

A:

Yes.

Q:

What exactly happened?

A: We have just ordered some spaghetti and sundaes. Since the ground floor was already filled with people, we decided to eat at the second floor. But when we reached the staircase, we found out that there was a birthday party upstairs and it was closed to the public. Q:

So where did you eat?

A:

I approached a crew and asked if he could find a table for us.

Q:

What did he do?

A:

He said that the birthday party was about to end so we can go up and eat there.

Q:

Did you go upstairs?

A:

Yes. My mother went up first.

Q:

What happened next?

A: On her way up, she met the McBee mascot (which was a pink bee) who was hurrying down with another crew member. Since the mascot was so big, he hit my mother by the shoulder. Q:

What happened then?

A: My mother lost her balance. She missed four steps and hit her head, shoulders, back and  buttocks on each step. Q:

What did you when you saw your mother?

A: I was shocked and temporarily rendered motionless. When I realized what happened, I immediately rushed to my mother’s side. I told the crew to call an ambulance. Q:

What did your mother do?

A:

She was crying. She complained of extreme back pain and could not stand up.

Q:

What happened next?

A: The store manager approached us. She said that it would be faster if we use her car on the way to the hospital. Two crew members carried my mother and we brought her to the nearest hospital for treatment.

When you asked Judy Ann what she has done so far with the case, she told you that she asked the management of McBee-Metropark Branch to pay her P100,000 in damages for what she suffered. Although the management paid for the hospital bills, she suffered pain and was greatly inconvenienced by the weekly physical therapy she was undergoing since the accident. When you asked about the management’s response to her demand for damages, she gave you the following letter:

December 15, 2010

Judy Ann Sanchez 911 Bluewhale Street Palanan, Makati City

Dear Ms. Sanchez:

I am writing in reference to your letter dated November 18, 2010 addressed to Ms. Anna Batungbacal, Manager of the McBee-Metropark Branch. She endorsed your letter to me as Operations Manager in charge of the McBee-Metropark Branch.

We, at McBee-Metropark Branch are very sorry for any inconvenienc e your family may have experienced in connection with your unfortunate accident last October 18, 2010. As Ms. Batungbacal and I told you during our hospital visit on October 19, 2010, we truly understand how you and your family feel about the incident. We assure you that we will continue to shoulder all expenses related to your weekly physical therapy until such time that you are fully restored to your previous health.

Our conversation helped us understand each other’s situation. I hope that with this, any past misunderstanding has been cleared up, and we can now put this unfortunate incident behind us.

Please accept my sincerest apologies in behalf of the McBee-Metropark Branch team. We truly hope to see you and your family in our store again.

Thank you.

Very truly yours,

McBee Foods Corporation

By:

Ted Pallone Operations Manager – Metro Manila (South) Area

Laws and jurisprudence that may apply

1. Article 2176 of the Civil Code

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

2. Article 2179 of the Civil Code

When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and

 proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover  damages, but the courts shall mitigate the damages to be awarded.

3. Article 2180 of the Civil Code

The obligation imposed by Article 2176 is demanda ble not only for one's own acts or omissions,  but also for those of persons for whom one is responsible. xxx xxx xxx The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their  employees in the service of the branches in which the latter are employed or on the occasion of  their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. xxx xxx xxx

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

4. Article 1170 of the Civil Code

Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.

5. Article 2202 of the Civil Code

In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

6. Article 2203 of the Civil Code

The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.

7. Article 2214 of the Civil Code

In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.

8. Article 2215 of the Civil Code

In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.

9. Article 2216 of the Civil Code

 No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or  exemplary damages, may be adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case.

10. Article 2217 of the Civil Code

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social h umiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission.

11. Article 2219 of the Civil Code

Moral damages may be recovered in the following and analogous cases: xxx xxx xxx

(2) Quasi-delicts causing physical injuries;

xxx xxx xxx

12. Article 2221 of the Civil Code

 Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or  invaded by the defendant, may be vindicated or recognized, and not for the purpose of  indemnifying the plaintiff for any loss suffered by him.

13. Article 2229 of the Civil Code

Exemplary or corrective damages are imposed, by wa y of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

14. Article 2231 of the Civil Code

In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.

15. Jarco Marketing Corporation v. Court of Appeals, G.R. No. 129792, December 21, 1999, 321 SCRA 375

An accident pertains to an unforeseen event in which no fault or negligence attaches to the defendant. It is "a fortuitous circumstance, event or happening; an event happening without any human agency, or if happening wholly or partly through human agency, an event which under  the circumstances is unusual or unexpected by the person to whom it happens."

On the other hand, negligence is the omission to do something which a reasonable man, guided  by those considerations which ordinarily regulate the conduct o f human affairs, would do, or the doing of something which a prudent and reasonable man would not do. Negligence is "the failure to observe, for the protection of the interest of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury."

Accident and negligence are intrinsically contradictory; one cannot exist with the other. Accident occurs when the person concerned is exercising ordinary care, which is not caused by fault of  any person and which could not have been prevented by any means suggested by common  prudence.

16. Child Learning Center, Inc. v. Tagorio, G.R. No. 150920, November 25, 2005, 476 SCRA 236

The doctrine of res ipsa loquitor applies where (1) the accident was of such character as to warrant an inference that it would not have happened except for the defendant's negligence; (2) the accident must have been caused by an agency or instrumentality within the exclusive management or control of the person charged with the negligence complained of; and (3) the accident must not have been due to any voluntary action or contribution on the part of the person injured.

17. Philippine National Construction Corporation v. Court of Appeals, G.R. No. 159270, August 22, 2005, 467 SCRA 569

The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is this: could a prudent man, in the position of the  person to whom negligence is attributed, foresee h arm to the person injured as a reasonable consequence of the course actually pursued? If so, the law imposes a duty on the actor to refrain from that course or to take precautions to guard against its mischievous results, and the failure to do so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this provision, is always necessary before negligence can be held to exist.

18. Saludaga v. Far Eastern University, G.R. No. 179337, April 30, 2008, 553 SCRA 741

In order for force majeure to be considered, respondents must show that no ne gligence or  misconduct was committed that may have occasioned the loss. An act of God cannot be invoked to protect a person who has failed to take steps to forestall the possible adverse co nsequences of  such a loss. One's negligence may have concurred with an act of God in producing damage and injury to another; nonetheless, showing that the immediate or proximate cause of the damage or  injury was a fortuitous event would not exempt one from liability. When the effect is found to be  partly the result of a person's participation - whether by active intervention, neglect or failure to act - the whole occurrence is humanized and removed from the rules applicable to acts of God.

19. Philippine National Construction Corporation v. Court of Appeals, G.R. No. 159270, August 22, 2005, 467 SCRA 569

Contributory negligence is conduct on the part of the injured party, contributing as a legal cause to the harm he has suffered, which falls below the standard to which he is required to conform for his own protection.

20. Mangaliag v. Catubig-Pastoral, G.R. No. 143951, October 25, 2005, 474 SCRA 153

It must be remembered that moral damages, though incapable of pecuniary estimation, are designed to compensate and alleviate in some way the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury unjustly caused a person. Moral damages are awarded to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he/she has undergone, by reason of the defendant's culpable action. Its award is aimed at restoration, as much as possible, of the spiritual status quo ante; thus, it must be proportionate to the suffering inflicted. Since each case must be governed by its own peculiar circumstances, there is no hard and fast rule in determining the proper amoun t.

21. B.F. Metal (Corporation) v. Lomotan, G.R. No. 170813, April 16, 2008, 551 SCRA 618

In the case of moral damages, recovery is more an exception rather than the rule. Moral damages are not punitive in nature but are designed to compensate and alleviate the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar harm unjustly caused to a person. In order that an award of moral damages can be aptly justified, the claimant must be able to satisfactorily prove that he has suffered such damages and that the injury causing it has sprung from any of the cases listed in Articles 2219 and 2220 of the Civil Code. Then, too, the damages must be shown to be the  proximate result of a wrongful act or omission. The claimant must establish the factual basis of  the damages and its causal tie with the acts of the defendant. In fine, an award of moral damages would require, firstly, evidence of besmirched reputation or physical, mental o r psychological suffering sustained by the claimant; secondly, a culpable act or omission factually established; thirdly, proof that the wrongful act or omission of the defendant is the proximate cause of the damages sustained by the claimant; and fourthly, that the case is predicated on any o f the instances expressed or envisioned by Article 2219 an d Article 2220 of the Civil Code.

22. Philippine Commercial International Bank v. Alejandro, G.R. No. 175587, September 21, 2007, 533 SCRA 738

[N]ominal damages may be awarded to a plaintiff whose right has been violated or invaded by the defendant, for the purpose of vindicating or recognizing that right, and not for indemnifying the plaintiff for any loss suffered by him. Its award is thus not for the purpose of indemnification for a loss but for the recognition and vindication of a right. Indeed, nominal damages are damages in name only and not in fact. They are recoverable where some injury has been done  but the pecuniary value of the damage is not shown by evidence and are thus subject to the discretion of the court according to the circumstances of the case.

23. B.F. Metal (Corporation) v. Lomotan, G.R. No. 170813, April 16, 2008, 551 SCRA 618

Exemplary or corrective damages are imposed, by wa y of example or correction for the public good, in addition to moral, temperate, liquidated or compensatory damages. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence. While the amount of the exemplary damages need not be proved, the plaintiff  must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded.

PART 2 – LEGAL OPINION:

Below is an exchange between you and a hypothetical client. Based on the information given, write (1) a brief legal opinion/advice specifying the relevant facts of the case, the legal problems raised by your hypothetical client, your assessment of the issues involved, and the possible courses of action that may be taken under the law; and (2) one legal document that may be used in connection with your recommended course of action.

Melanie P. Gamboa seeks your advice on the possibility of changing the surname of her niece, 16-year old Paula P. Cortes, who was placed under her care by her sister, Maricel Perez, who is currently in the U.S. working as a nurse.

The following is your interview with Melanie P. Gamboa:

Q:

Melanie, tell me something about yourself first, your personal circumstances.

A: I am Melanie Perez Gamboa, 40 yrs old, married with an 8-year old son. I live at 35 Craig St., Sampaloc, Manila. I work as the assistant manager for a bank. Q: You said that your sister wants to change the surname of her daughter. What is her  name? Where is your sister now? A: My sister is Maricel Abrogar Perez. She is now in the United States, working as a nurse, so she asked me to seek legal assistance for her. Q:

How old is she?

A:

She is 35 yrs old.

Q:

How long has she worked in the US?

A:

She has been working there for ten years already, since 2000.

Q:

Is she married?

A:

No, she is not.

Q:

But she has a daughter?

A:

Yes, her daughter is my niece, Paula Perez Cortes, and she is now 16 years old.

Q:

When was Paula born?

A:

November 15, 1994.

Q:

Who is Paula’s father?

A: Her father is William Cortes, Maricel’s boyfriend back in college. He got her pregnant while they were in their third year of college.

Q:

Is Paula living with you now?

A:

Yes, ever since Maricel went to the US in 2000. I have been her guardian since then.

Q:

What happened when Maricel became pregnant?

A: William Cortes told her they can’t get married yet because they were still young and had to finish college first. But he said he will give support. He did, while Maricel was pregnant and after she gave birth. William paid the bills for Maricel’s check-up while she was pregnant. He also paid for more than half of the hospitalization expenses when Maricel gave birth. He paid for  the baby’s medical check-ups and vaccination. Sometimes, he would give additional money for   baby formula and diapers or he would buy them himself. He would also visit Maricel and the  baby almost every day. He was even present at the christening. Q:

During this time, was Maricel still in college?

A: While she was pregnant, yes, but after she gave birth, she took a leave of absence for one semester. She could not simultaneously concentrate on her studies while taking care of Paula. Q:

How about William?

A:

He continued his studies. He did not take any leave of absence.

Q:

So he gave support while Maricel was pregnant and after she gave birth?

A: Yes, but after Paula’s first birthday, William returned to his province in Zamboanga. By then, William had already graduated from his Management course, and he said that he was looking into expanding his uncle’s business in the province. He said he will return to Manila,  but he never did. Since then, he has not sent anything for Paula’s support. Q:

So from the time he left for Zamboanga, he never gave support?

A: Well, for around a year from the time he left for Zamboanga, he still managed to send some money for Paula but it was not consistent. He even sent Paula a letter and gift via LBC for  her second birthday, saying that he was sorry that he was not there for her birthday. That w as the last time we heard from him. Q:

Do you still have any communication with him?

A: No more. After he went to Zamboanga, he would call around once a week, then later  once or twice a month, then about a year from the time he left, we never heard from him anymore. We tried calling him on the phone, but the people we talked to would tell us that he was not there. We also sent letters, but we never got any replies. We’re no longer sure if he has the same address. Q:

How did Maricel take care of Paula without William’s support?

A: My parents and I helped Maricel take care of Paula, especially since she was still studying. We pitched in. After she graduated, she worked for a while in a private hospital and was later able to find work in the US as a nurse. Q:

So basically, Paula grew up never knowing her father?

A:

Yes.

Q:

But she carries his surname?

A:

Yes. It is in her birth certificate. William is indicated as the father.

Q:

Who supplied the information in the birth certificate?

A: It was Maricel, but William was also there. He was there when Maricel gave birth, and when hospital personnel came to ask for information for Paula’s birth registration. William was at the hospital everyday until Maricel and Paula were discharged. Q: So in all of Paula’s official records, she carries William’s surname and William is identified as her father? A:

Yes. All her school records state that.

Q:

What does Maricel now want to do with Paula’s surname?

A: She wants Paula’s surname to be changed from Cortes to Perez because she intends to  petition Paula to the US and the change in name would facilitate the process. Paula would be easily identified as her daughter. Also, Maricel does not want Paula to have anything to do with William anymore since he abandoned his own child. Q:

How does Paula feel about the change of name?

A: She is okay with it, because she never knew William. Even to this day, she still gets asked why she has a different surname from that of her mother and it embarrasses her to tell the reason why. This is also one of the reasons why Maricel wants to change Paula’s surname.

Laws and jurisprudence that may apply

1. Article 165 of the Family Code

Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.

2. Article 176 of the Family Code

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.

3. Article 194 of the Family Code

Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or train for some profession, trade or vocation, even beyond the age of  majority. Transportation shall include expenses in going to and from school, or to and from  place of work.

4. Article 195 of the Family Code

Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of the full or half-blood.

5. Article 203 of the Family Code

The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand. Support pendent lite may be claimed in accordance with the Rules of  Court. Payment shall be made within the first five days of each corresponding month. When the recipient dies, his heirs shall not be obliged to return what he has received in advance.

6. Rule 103 (of the Rules of Court) – Change of Name

Sec. 1. Venue.—A person desiring to change his name shall present the petition to the Court of  First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic Relations Court.

Sec. 2. Contents of petition.—A petition for change of name shall be signed and verified by the  person desiring his name changed, or some other person on his behalf, and shall set forth: (a) That the petitioner has been a bona fide resident of the province wher the petition is filed for  at least three (3) years prior to the date of such filing; (b) The cause for which the change of the name of the petitioner’s name is sought; (c) The name asked for.

Sec. 3. Order for hearing.—If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) consecutive weeks in some newspaper of general circulation published in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) months after the last publication of the notice.

Sec. 4. Hearing.—Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.

Sec. 5. Judgment.—Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.

Sec. 6. Service of judgment.—Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the ort issuing the same is situated, who shall forthwith enter the same in the civil register.

7. In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454 SCRA 155

Before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may  justify such change. The touchstone for the grant of a change of name is that there be proper and reasonable cause for which the change is sought. To justify a request for change of name,  petitioner must show not only some proper or compelling reason therefore but also that he will  be prejudiced by the use of his true and official name. Among the grounds for change of name which have been held valid are: (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence, as in legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and  been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no

showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

8. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA 438

Jurisprudence teaches that a birth certificate to be considered as validating proof of paternity and as an instrument of recognition, must be signed by the father and mother jointly or by the mother  alone if the father refuses.

9. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA 438

The law, reason and common sense dictate that a legitimate status is more favorable to the child. In the eyes of the law, the legitimate child enjoys a preferred and superior status. He is entitled to  bear the surnames of both his father and mother, full support and full inheritance. On the other  hand, an illegitimate child is bound to use the surname and be under the parental authority only of his mother. He can claim support only from a more limited group and his legitime is only half  of that of his legitimate counterpart. Moreover (without unwittingly exacerbating the discrimination against him), in the eyes of society, a 'bastard is usually regarded as bearing a stigma or mark of dishonor.

10. Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76

An illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’ surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he be ars both his mother’s surname as his middle name and his father’s surname as his surname, reflecting his status as a legitimated child or an acknowledged child. The foregoing discussion establishes the significant connection of a  person’s name to his identity, his status in relation to his parents and his successional rights as a legitimate or illegitimate child. For sure, these matters should not be taken lightly as to deprive those who may, in any way, be affected by the right to present evidence in favor of or against such change.

11. Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76

An illegitimate child never recognized by his father is entitled to change his name—a change of  name will erase the impression that he was ever recognized by his father. It is also to his best interest as it will facilitate his mother’s intended petition to have him join her in the US. This Court will not stand in the way of the reunification of mother and son.