PFR Case Digests DOCX

Title	PFR Case Digests
Author	Shannea Liavado
Pages	232
File Size	325.5 KB
File Type	DOCX
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Mariategui vs. CA GR NO. 57062, January 24, 1992 FACTS: Lupo Mariategui died without a will on June 26, 1953 and contracted 3 marriages during his lifetime. He acquired the Muntinlupa Estate while he was still a bachelor. He had 4 children with his frst wife Eusebia Montellano, who died in 1904 namely Baldomera, Maria del Rosario, Urbano and Ireneo. Baldomera had 7 children namely Antero, Rufna, Catalino, Maria, Gerardo, Virginia and Federico, all surnamed Espina. Ireneo on the other hand had a son named Ruperto. On the other hand, Lupo's second wife is Flaviana Montellano where they had a daughter named Cresenciana. Lupo got married for the third time in 1930 with Felipa Velasco and had 3 children namely Jacinto, Julian and Paulina. Jacinto testifed that his parents got married before a Justice of the Peace of Taguig Rizal. The spouses deported themselves as husband and wife, and were known in the community to be such. Lupo's descendants by his frst and second marriages executed a deed of extrajudicial partition whereby they adjudicated themselves Lot NO. 163 of the Muntinlupa Estate and was subjected to a voluntary registration proceedings and a decree ordering the registration of the lot was issued. The siblings in the third marriage prayed for inclusion in the partition of the estate of their deceased father and annulment of the deed of extrajudicial partition dated Dec. 1967. ISSUE: Whether the marriage of Lupo with Felipa is valid in the absence of a marriage license. HELD: Although no marriage certifcate was introduced to prove Lupo and Felipa's marriage, no evidence was likewise ofered to controvert these facts. Moreover, the mere fact that no record of the marriage exists does not invalidate the marriage, provided all requisites for its validity are present. Under these circumstances, a marriage may be presumed to have taken place between Lupo and Felipa. The laws presume that a man and a woman, deporting themselves as husband and wife, have entered into a lawful contract of marriage; that a child born in lawful wedlock, there being no divorce, absolute or from bed and board is legitimate; and that things have happened according to the ordinary course of nature and the ordinary habits of life. Hence, Felipa's children are legitimate and therefore have successional rights. Silverio vs Republic G.R. No. 174689 October 22 2007 FACTS: Rommel Jacinto Dantes Silverio having undergone a sex reassignment surgery, sought to have his frst name changed from Rommel to Mely, and his sex from male to female. Trial court granted his petition. CA, however, upon appeal fled by the Republic of the Philippines thru the OSG, reversed the trial court decision, holding that there is no law allowing the change of entries of either name or sex in the birth certifcate by reason of sex alteration. ISSUE: Whether or not Rommel's frst name and sex be changed on the ground of sex reassignment. RULING: No. There is no law authorizes the change of entry as of sex and frst name through the intervention of sex reassignment surgery. Article 376 of the Civil Code as amended by RA 9048 (Clerical Error Law), together with Article 412 of the same Code, change of name or sex in the birth certifcate is allowed by the courts so long as clerical or typographical errors are involved. Changes sought by Silverio...