Cases

 

FIRST DIVISION [A.M. No. MTJ-00-1329. March 8, 2001] HERMINIA BORJA-MANZANO, petitioner BORJA-MANZANO, petitioner,, vs. JUDE vs.  JUDE RO!UE R. "AN#HEZ, MT#, I$%a$&a, 'a$(a)*$a$, respondent . RE"O+UTION DAIDE, JR., C.J. C.J.  The solemnization of a marriage marriage between two con contracting tracting parties who were both bound by a prior eisting marriage is the bone of contention of the instant complaint against respondent !udge Ro"ue R# Sanchez$ %unicipal  Trial  Trial &ourt$ Infanta$ 'angasinan# 'angasinan# For this act$ act$ complainant (erminia )or*a+ %anzano charges respondent respondent !udge with gross ignorance of the law in a sworn &omplaint+,-da.it &omplaint+,-da.it /led with the O-ce of the &ourt ,dministrator on 01 %ay 0222# &omplainant a.ers that she was the lawful wif e of the late Da.id %anzano$ ha.ing been married to him on 10 %ay 0233 in San 4abriel ,rchangel 506

'arish$ ,raneta ,.enue$ &ity#  Four 516 children were born out of that  On 11 %arch&aloocan 0227$ howe.er$ her husband contracted another marriage# 576 marriage with one 8uz.iminda 'ayao before respondent !udge#  9hen respondent !udge solemnized said marriage$ he :new or ought to :now that the same was .oid and bigamous$ as the marriage contract clearly stated that both contracting parties were separated# Respondent !udge$ on the other hand$ claims in his &omment that when he Respondent o-ciated the marriage between %anzano and 'ayao he did not :now that %anzano was legally married# 9hat he :new was that the two had been li.ing together as husband and wife for se.en years already without the bene/t of marriage$ as manifested in their *oint a-da.it#5;6 ,ccording to him$ had he :nown that the late %anzano was married$ he would ha.e ad.ised the latter not to marry again< otherwise$ he =%anzano> could be charged with bigamy# bigamy# (e then prayed that the complaint be dismissed for lac: of merit and for being designed merely to harass him# ,fter an e.aluation of the &omplaint and the &omment$ the &ourt ,dministrator recommended that respondent !udge be found guilty of gross ignorance of the law and be ordered to pay a /ne of '1$???$ with a warning that a repetition of the same or similar act would be dealt with more se.erely#

late %anzano and of 'ayao$ which were allegedly unearthed by a member of his staA upon his i nstruction# In those a-da.its$ both Da.id %anzano and 8uz.iminda 'ayao epressly epressly stated that they were married to (erminia )or*a and Domingo Relos$ respecti.ely< and that since their respecti.e marriages had been mar:ed by constant "uarrels$ they had both left their families and had ne.er cohabited or communicated with their spouses anymore# Respondent Respondent !udge alleges that on the basis of those a-da.its$ he agreed to solemnize the marriage in "uestion in accordance with ,rticle 7; of the Family &ode# 9e /nd merit in the complaint# ,rticle 7; of the Family &ode pro.idesB No license shall be necessary for the marriage of a man and a woman who ha.e li.ed together as husband and wife for at least /.e years and without any legal impediment to marry each other# The contracting parties shall state the foregoing facts in an a-da.it before any person authorized by law to administer oaths# The solemnizing o-cer shall also state under oath that he ascertained the "uali/cations of the contracting parties and found no legal impediment to the marriage# For this pro.ision on legal rati/cation of marital cohabitation to apply$ the following re"uisites must concurB 0# The man and woman must ha.e been li.ing together as husband and wife for at least /.e years before the marriage< 1# The parties must ha.e no l egal impediment to marry each other< 7# The fact of absence of legal impediment between the parties must be present at the time of marriage< ;# The parties must eecute an a-da.it stating that they ha.e li.ed together for at least /.e years 5and are without legal impediment to marry each other6< and @# The solemnizing o-cer must eecute a sworn statement that he had ascertained the "uali/cations of the parties and that he had found no legal impediment to their marriage# marriage#536

On 1@ October 1???$ this &ourt re"uired the parties to manifest whether they were willing to submit the case for resolution on the basis of the

Not all of these re"uirements are present in the case at bar# It is signi/cant to note that in their separate a-da.its eecuted eecuted on 11 %arch 0227 and sworn to before respondent !udge himself$ Da.id %anzano and 8uz.iminda 'ayao epressly epressly stated the fact of their prior eisting marriage#,lso$ in their marriage contract$ it was i ndicated that both were separated#

pleadings thus /led# &omplainant answered in the a-rmati.e# For his part$ respondent !udge /led a %anifestation reiterating his plea for the dismissal of the complaint and setting aside his earlier &omment# (e

Respondent Respon dent !udge :new or ought to :now that a subsisting pre.ious marriage is a diriment impediment$ which would ma:e the subse"uent marriage null and .oid#5C6 In fact$ in his &omment$ he stated that had he

therein in.ites the attention of the &ourt to two separate a-da.its5@6 of the

:nown that the late %anzano was married he would ha.e discouraged him

 

from contracting another marriage# ,nd respondent !udge cannot deny :nowledge of %anzanos and 'ayaos subsisting pre.ious marriage$ as the same was clearly stated in their separate a-da.its which were subscribed and sworn to before him#  The fact that %anzano and 'aya 'ayao o had been li.ing apa apart rt from their respecti.e spouses for a long time already is immaterial# ,rticle 37=0> of the Family &ode allows spouses who ha.e obtained a decree of legal separation to li.e separately from each other$ but in such a case &h /arr*a( o$) ar $o& )r. lsewise stated$  stated$ legal separation does not dissol.e the marriage tie$ much l ess authorize the parties to remarry# This holds true all the more when the separation is merely de facto$$ as in the case at bar# facto Neither can respondent !udge ta:e refuge on the !oint ,-da.it of Da.id %anzano and 8uz.iminda 'ayao stating that they had been cohabiting as husband and wife for se.en years# !ust li:e separation$ free and .oluntary cohabitation with another person for at least /.e years does not se.ere the tie of a subsisting pre.ious marriage# marriage# %arital cohabitation for a long period of time between two indi.iduals who are (a4 ca5ac*&a& to ca5ac*&a& to marry each other is merely a ground for eemption from marriage license# It could not ser.e as a *usti/cation for respondent !udge to solemnize a subse"uent marriage .itiated by the impediment of a prior eisting marriage# &learly$ respondent !udge demonstrated gross ignorance of the law when he solemnized a .oid and bigamous marriage# The maim i gnorance of the law ecuses no one has special application to *udges$ 5E6 who$ under Rule 0#?0 of the &ode of !udicial &onduct$ should be the embodiment of competence$ integrity$ and independence# It is highly imperati.e that  *udges be con.ersant con.ersant with the law and basic legal principle principles# s# 526 ,nd when the law transgressed is simple and elementary$ the failure to :now it constitutes gross ignorance of the law law## 50?6 A##ORDIN+6 $ the recommendation of the &ourt ,dministrator is hereby ,DO'TD$ with the  ,DO'TD$  the %ODIFI&,TION %ODIFI&,TION  that the amount of /ne to be imposed upon respondent !udge Ro"ue Sanchez is increased to '1?$???# "O ORDERED. Puno, Kapunan, Pardo, and Ynares-Santiag Ynares-Santiago, o, JJ ., concur#

 

 

 6NARE"-"ANTIAO, J  6NARE"-"ANTIAO,  J#B #B   )efore us is a petition for re.iew on certiorari assailing the Decision 506 of the &ourt of ,ppeals in &,+4#R# S' No# @?30@ dated %arch 7?$ 1??0 which a-rmed the Decision516 of the National 8abor Relations &ommission =N8R&> dated %arch 70$ 022E dismissing petitioners complaint for payment of 576

disability and other bene/ts for lac: of merit and the Resolution  dated October @$ 1??0 of the &ourt of ,ppeals denying petitioners motion for reconsideration# 7IR"T DII"ION      The antecedent antecedent facts are as followsB   ROBERTO . 7AMANI+A, 4#R# No# 0@?;12 'etitioner$ 'resentB 'anganiban$ C.J# C.J# =&hairperson>$ + .ersus + nares+Santiago$ ,ustria+%artinez$ &alle*o$ Sr#$ and &hico+Nazario$ JJ. &hico+Nazario$  JJ. THE #OURT O7 A''EA+" =Spc# Fmr# Se.enth Di.ision> and BARBER"HI'

In 02E2$ respondent NFD International %anning ,gents$ Inc# hired the Riga$ a ser.ices of petitioner Roberto 4# Fa Famanila manila as %essman 5;6 for Hansa Riga$ .essel registered and owned by its principal and co+respondent$ )arbership %anagement 8imited#   On !une 10$ 022?$ while Hansa Riga was Riga was doc:ed at the port of ure:a$ &alifornia$ G#S#,# and while petitioner was assisting in the loading operations$ the latter complained of a headache# 'etitioner eperienced dizziness and he subse"uently collapsed# Gpon eamination$ it was determined that he had a sudden attac: of left cerebral hemorrhage from a ruptured cerebral aneurysm# 5@6 'etitioner underwent a brain operation and he was con/ned at the mmanuel (ospital in 'ortland$ Oregon$G#S#,# On !uly 02$ 022?$ he underwent a second brain operation#

Respondents# Respond ents# ,ugust 12$ 1??3

Owing to petitioners physical and mental condition$ he was repatriated to the 'hilippines# On ,ugust 10$ 022?$ he was eamined at the ,merican (ospital in Intramuros$ %anila where the eamining physician$ Dr# Dr# 'atricia ,besamis declared that he cannot go bac: to sea duty and has been obser.ed for 01? days$ he is being declared permanently$ totally disabled#536

 

 

MANAEMENT +IMITED and N7D INTER NATIONA+ 'romulgatedB MANNIN AENT", IN#.

 +++++++++++ +++++++++++++++++++++++ +++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++ ++++    DECISION  

 Thereafter$ authorized representati.es  Thereafter$ representati.es of the resp respondents ondents con.inced h him im to settle his claim amicably by accepting the amount of GSH07$1??# 5C6  'etitioner accepted the oAer as e.idenced by his signature in the Receipt and Release dated February 1E$ 0220#5E6 (is wife$ 4loria Fama Famanila nila and one Richard Famanila$ Famanila$ acted as witnesses in the signing of the release#

 

 

On !une 00$ 022C$ petitioner /led a complaint526 with the N8R& which was doc:eted as N8R& O&9 &ase No# 3+E7E+2C+8 praying for an award of disability bene/ts$ share in the insurance proceeds$ moral damages and attorneys fees# OnSeptember 12$ 022C$ ,cting ecuti.e 8abor ,rbiter Voltaire Voltair e ,# )alitaan dismissed the complaint on the ground of prescription# 'etitioner appealed the decision with the N8R&# On %arch 70$ 022E$ the N8R& promulgated its decision 50?6 /nding the appeal to be without merit and ordered its dismissal# 9hen the motion for reconsideration5006 was denied by the N8R& in its resolution dated !une 12$ 022E$5016 petitioner /led a petition for certiorari with this &ourt# On December 1$ 022E$ we resol.ed to refer the case to the &ourt of ,ppeals pursuant to our ruling in St. Martin Funeral Home v. ational !a"or Relations Commission Commission##5076   On %arch 7?$ 1??0$ the &ourt of ,ppeals promulgated the assailed decision which dismissed the petition for lac: of merit# 'etitioners motion for reconsideration was denied$ hence$ the present petition for re.iew raising the following issuesB I# T( &OGRT OF ,'',8S &O%%ITTD 4R,V ,)GS OF DIS&RTION ,%OGNTIN4 TO 8,& OR J&SS OF !GRISDI&TION IN G'(O8DIN4 T( V,8IDIT OF T( R&I'T ,ND R8,S SIN& 'TITIONRS &ONSNT  T(RTO 9,S 9,S VITI,TD T(R) %,IN4 T( S,% VOID VOID ,ND GNNFOR&,)8# II# T( &OGRT OF ,'',8S &O%%ITTD 4R,V ,)GS OF DIS&RTION ,%OGNTIN4 TO 8,& OR J&SS OF !GRISDI&TION IN (O8DIN4 T(,T T( 'RS&RI'TION 'RIOD ,''8I&,)8 TO T( &8,I% OF T( 'TITIONR IS  T( 7+,R 7+,R 'RIOD 'ROVIDD 'ROVIDD FOR GNDR T( T( 8,)OR &OD OF  T( '(I8I''INS ,ND NOT NOT T( 0?+,R 0?+,R 'RIOD 'ROVIDD 'ROVIDD FOR GNDR  T( &IVI8 &OD# 'etitioner claims that he did not sign the Receipt and Release .oluntarily or freely because he was permanently disabled and in /nancial constraints# These factors allegedly .itiated his consent which ma:es the Receipt and Release .oid and unenforceable#  The petition lac:s merit# It is fundamental that the scope of the Supreme &ourts *udicial re.iew under Rule ;@ of the Rules of &ourt is con/ned only to errors of law# It does not etend to "uestions of fact# %ore so in labor cases where the doctrine already applies with greater force# 50;6 The 8abor ,rbiter and the N8R& ha.e already determined the factual issues$ and these were a-rmed by the &ourt of ,ppeals# Thus$ they are accorded not only great respect but also /nality and are deemed binding upon this &ourt so long as they are supported by substantial e.idence#50@6 9e re.iewed the records of the case and we /nd no reason to de.iate from the /ndings of the l abor arbiter$ N8R& and the

, .itiated consent does not ma:e a contract .oid and unenforceable# , .itiated consent only gi.es rise to a .oidable agreement# Gnder the &i.il &ode$ the .ices of consent are mista:e$ .iolence$ intimidation$ undue inKuence or fraud# 5036 If consent is gi.en through any of the aforementioned .ices of consent$ the contract is .oidable#50C6 , .oidable contract is binding unless annulled by a proper action in court# 50E6 'etitioner contends that his permanent and total disability .itiated his consent to the Receipt and Release thereby rendering rendering it .oid and unenforceable# unenforceab le# (owe.er$ disability is not among the factors that may .itiate consent# )esides$ sa.e for petitioners self+ser.ing allegations$ there is no proof on record that his consent was .itiated on account of his disability## In the absence of such proof of .itiated consent$ the .alidity of disability the Receipt and Release must be upheld# 9e agree with the /ndings of the &ourt of ,ppeals thatB In the case at bar$ there is nothing in the records to show that petitioners consent was .itiated when he signed the agreement# 4ranting that petitioner has not fully reco.ered his health at the time he signed the sub*ect document$ the same cannot still lead to the conclusion that he did not .oluntar5il6y accept the agreement$ for his wife and another relati.e witnessed his signing# %oreo.er$ the document entitled receipt and release which was attached by petitioner in his appeal does not show on its face any .iolation of law or public policy# policy# In fact$ petitioner did not present any proof to show that the consideration for the same is not reasonable and acceptable# ,bsent any e.idence to support the same$ the &ourt cannot$ on its own accord$ decide against the unreasonableness of the consideration#5026 It is true that "uitclaims and wai.ers are oftentimes frowned upon and are considered as ineAecti.e in barring reco.ery for the full measure of the wor:ers right and that acceptance of the bene/ts therefrom does not amount to estoppel#51?6 The reason is plain# mployer and employee$ ob.iously do not stand on the same footing# 5106 (owe.er$ not all wai.ers and "uitclaims are in.alid as against public policy# If the agreement was .oluntarily entered into and represents a reasonable settlement$ it is binding on the parties and may not later be disowned simply because of change of mind# It is only where there is clear proof that the wai.er was wangled from an unsuspecting or gullible person$ or the terms of the settlement are unconscionable on its face$ that the law will step in to annul the "uestionable transaction# )ut where it is shown that the person ma:ing the wai.er did so .oluntarily$ with full understanding of what he was doing$ and the consideration for the "uitclaim is credible and reasonable$ the transaction must be recognized as a .alid and binding underta:ing$ 5116 as in this case#  To  To be .alid and eAecti. eAecti.e$ e$ wai.ers must be couched in clea clearr and

&ourt of ,ppeals#

une"ui.ocal terms$ lea.ing no doubt as to the intention of those gi.ing up

 

a right or a bene/t that legally pertains to them#5176 9e ha.e re.iewed the terms and conditions contained in the Receipt and Release and we /nd the same to be clear and unambiguous# The signing was e.en witnessed by petitioners wife$ 4loria T# Famanila and one Richard T# Famanila# The Receipt and Release pro.ides in partB

hereafter be prosecuted by me or by any one claiming by$ through$ or under me$ against any of the persons or things

 

It is elementary that a contract is perfected by mere consent and from that moment the parties are bound not only to the ful/llment of what has been

 That for and in consideration consideration of the sum of T(IR T(IRTN TN T(OGS,ND T(OGS,ND T9O (GNDRD DO88,RS =GSH07$1??#??> or its e"ui.alent in 'hilippine currency  T(R (GNDRD (GNDRD SIJT FIV T(OGS,ND T(OGS,ND NIN (GNDRD (GNDRD FOGR 'SOS =73@$2?;#??>$ the receipt of which is hereby ac:nowledged to my full and complete satisfaction    I$ RO)R RO)RTO TO 4# F,%,NI8,$    hereby remise$ release and fore.er discharge said .essel (,NS, RI4,$ her Owners$ operators$ managers$ charterers$ agents$ underwriters$ ' and I &lub$ master$ o-cers$ and crew and all parties at interest therein or thereon$ whether named or not named$ including but not limited to ),R)R S(I' %,N,4%NT 8I%ITD$ NFD INTRN,TION,8 %,NNIN4 ,4NTS$ IN&# and ,SSGR,N&FORNI4N ,SSGR,N& FORNI4N 4,RD from any and all claims$ demands$ debts$ dues$ liens$ actions or causes of action$ at law or in e"uity$ in common law or in admiralty$ statutory or contractual$ arising from and under the laws of  the Gnited States of ,merica$ Norway$ (ong:o (ong:ong ng or the Republic of the 'hilippines andLor any other foreign country now held$ owned or possessed by me or by any person or persons$ arising from or related to or concerning whether directly or indirectly$ proimately or remotely$ without being limited to but including the said illness suAered by me on board the .essel (,NS, RI4, on or about 10st !une 022? at 'ortland$ Orego Oregon n and disability compensation in connection therewith#  This instrument is a 4NR,8 4NR,8 R8,S intended intended to release a all ll liabilities of any character andLor claims or damages andLor losses andLor any other liabilities whatsoe.er$ whether contractual or statutory$ at common law or in e"uity$ tortious or in admiralty$ now or henceforth in any way related to or occurring as a conse"uence of the i llness suAered by me as %essman of  the .essel (,NS, RI4,$ including but not limited to all damages andLor losses consisting of loss of support$ loss of earning capacity$ loss of all bene/ts of whatsoe.er nature and etent incurred$ physical pain and suAering andLor all damages andLor indemnities claimable in law$ tort$ contract$ common law$ e"uity andLor admiralty by me or by any person or persons pursuant to the laws of the Gnited States of ,merica$ Norway$ (ong:ong or the Republic of the 'hilippines and of all other countries whatsoe.er# I hereby certify that I am of legal age and that I fully understand this instrument which was read to me in the local dialect and I agree that this is a FG88 ,ND FIN,8 R8,S ,ND DIS&(,R4 of all parties and things referred to herein$ and I further agree that this release may be pleaded as an absolute and /nal bar to any suit or suits or legal proceedings that may

referred to or related herein$ for any matter or thing referred to or related herein##51;6 herein

epressly stipulated stipulated but also to all the conse"uences which$ according to their nature$ may be in :eeping with good faith$ usage and law#51@6 Further$ dire necessity is not an acceptable ground for annulling the Receipt and Release since it has not been shown that petitioner was forced to sign it# 5136 Regarding prescription$ the applicable prescripti.e period for the money Regarding claims against the respondents is the three year period pursuant to ,rticle 120 of the 8abor &ode which pro.ides thatB ,RT# 120# %oney &laims# ,ll money claims arising from employer+employee relations accruing during the eAecti.ity of this &ode shall be /led within three =7> years from the time the cause of action accrued< otherwise they shall be fore.er barred#  Since petitioners demand for an award of disability bene/ts is a money claim arising from his employment$ ,rticle 120 of the 8abor &ode applies# From the time petitioner was declared permanently and totally disabled on ,ugust 10$ 022? which ga.e rise to his entitlement to disability bene/ts up to the time that he /led the complaint on !une 00$ 022C$ more than three years ha.e elapsed thereby eAecti.ely barring his claim#   HERE7ORE$$ the petition is DENIED HERE7ORE DENIED## The Decision of the &ourt of ,ppeals dated %arch 7?$ 1??0 in &,+4#R# S' No# @?30@ which a-rmed the Decision of the National 8abor Relations &ommission dismissing petitioners complaint for disability and other bene/ts for lac: of merit$ and   the Resolution dated October @$ 1??0 denying the motion for reconsideration$$ are A77IRMED. reconsideration "O ORDERED. #ON"UE+O 6NARE"-"ANTIAO ,ssociate !ustice  

E #ON#URB #ON#URB

 

ARTEMIO . 'ANANIBAN

-   r )  ) - &ORON,$

&hief !ustice

,M&GN, and

&hairperson

4,R&I,$ JJ. 4,R&I,$  JJ.

MA. A+I#IA AU"TRIA-MARTINEZ ROMEO J. #A++EJO, "R.

 

,ssociate !ustice ,ssociate !ustice

RE'UB+I# O7 THE

 

'HI+I''INE", R)5o$$&. 'romulgatedB R)5o$$&.  'romulgatedB

MINITA . #HI#O-NAZARIO

October 11$ 1??C

,ssociate !ustice

 

 

:--------------------------------------------------:

CERTIFICATION 'ursuant to Section 07$ ,rticle VIII of the &onstitution$ it is hereby certi/ed that the conclusions in the abo.e Decision were reached in consultation before the case was assigned to the writer of the opinion of the &ourts Di.ision#  

  DE#I"ION #ORONA, J #ORONA,  J. .   $#en %od created man, He made #im in t#e li&eness of %od' He created t#em male and female. (%enesis )*+-

ARTEMIO . 'ANANIBAN &hief !ustice  

   mi#an ga/ed upon t#e t#e "am"oo reed plant planted ed "0 1at#ala and s#e #eard #eard voices coming from inside t#e "am"oo. 2# ort# $ind3 ort# $ind3 Please

 

let us out3, t#e voices said. S#e pec&ed t#e reed once, t#en t4ice. ll of a sudden, t#e "am"oo crac&ed and slit open. 2ut came t4o #uman "eings' one 4as a male and t#e ot#er 4as a female. mi#an named t#e man Mala&as (Strong and t#e 4oman Maganda (1eautiful. (5#e !egend of Mala&as and Maganda

ROMME+ JA#INTO DANTE" 4#R# No# 0C;3E2

 

"I+ERIO,

9hen is a man a man and when is a woman a woman In particular$ does the law recognize the changes made by a physician using scalpel$ drugs and counseling with regard to a persons se %ay a person successfully petition for a change of name and se appearing in the birth certi/cate to reKect the result of a se reassignment surgery

7IR"T DII"ION

'&*&*o$r, 'resentB   'GNO$ C.J. C.J.$$ C#airperson  C#airperson$$ S,NDOV,8+4GTIRRM$

 

 

On No.ember 13$ 1??1$ petitioner Rommel !acinto Dantes Sil.erio /led a petition for the change of his /rst name and se in his birth certi/cate in the Regional Trial Trial &ourt of %anila$ )ranch E# The petition$ doc:eted as S' &ase No# ?1+0?@1?C$ impleaded the ci.il registrar of %anila as respondent#

'etitioner /led the present petition not to e.ade any law or *udgment or any infraction thereof or for any unlawful moti.e but solely for the purpose of ma:ing his birth records compatible with his present se#

 

 The sole issue here here is whether or not petitione petitionerr is entitled to the relief as:ed for#

'etitioner alleged in his petition that he w as born in the &ity of %anila to

 The 5c6ourt rules in the a-rmati.e# a-rmati.e#

the spouses %elecio 'etines Sil.erio and ,nita ,"uino Dantes on ,pril ;$ 0231# (is name was registered as Rommel !acinto Dantes Sil.erio in his certi/cate of li.e birth =birth certi/cate># (is se was registered as male#   (e further alleged that he is a male transseual$ that is$ anatomically male but feels$ thin:s and acts as a female and that he had always identi/ed himself with girls since childhood# childhood# 506 Feeling trapped in a mans body$ he consulted se.eral doctors in the Gnited States# (e underwent psychological eamination$ hormone treatment and breast augmentation# (is attempts to transform himself to a woman culminated on !anuary 1C$ 1??0 when he underwent se reassignment surgery516 in )ang:o:$ Thailand# (e was thereafter eamined by Dr# %arcelino Reysio+&ruz$ !r#$ a plastic and reconstruction surgeon in the 'hilippines$ who issued a medical certi/cate attesting that he =petitioner> had in fact undergone the procedure procedure##   Fro From m then on$ petitioner li.ed as a female and was in fact engaged to be married# (e then sought to ha.e his name in his birth certi/cate changed from Rommel !acinto to %ely$ and his se from male to female#   ,n order setting the case for initial hearing was published in the 'eoples  !ournal Tonight$ a newspaper of g general eneral circulation in %etro %etro %anila$ for three consecuti.e wee:s# 576 &opies of the order were sent to the O-ce of the Solicitor 4eneral =OS4> and the ci .il registrar of %anila#

Firstly$$ the 5c6ourt is of the opinion that granting the petition would be Firstly more in consonance with the principles of *ustice and e"uity# 9ith his seual 5re+assignment6$ 5re+assignment6$ petitioner$ who has always felt$ thought and acted li:e a woman$ now possesses the physi"ue of a female# 'etitioners misfortune to be trapped in a mans body is not his own doing and should not be in any way ta:en against him#   8i:ewise$ the 5c6ourt belie.es that no harm$ in*ury 5or6 pre*udice will be caused to anybody or the community in granting the petition# On the contrary$ granting the petition would bring the much+awaited happiness on the part of the petitioner and her 5/anc6 and the realization of their dreams#   Finally$ no e.idence was presented to show any cause or ground to deny Finally$ the present petition despite due notice and publication thereof# .en the State$ through the 5OS46 has not seen /t to interpose any 5o6pposition#   9(RFOR$ *udgment is hereby rendered 4R,NTIN4 the petition and ordering the &i.il Registrar of %anila to change the entries appearing in the &erti/cate of )irth of 5p6etitioner$ speci/cally for petitioners /rst name from Rommel !acinto to MELY  and  and petitioners gender from %ale to FEMALE FEMALE## 5@6

 

 

On the scheduled initial hearing$ *urisdictional re"uirements were established# No opposition to the petition was made#

On ,ugust 0E$ 1??7$ the Republic of the 'hilippines =Republic>$ thru the OS4$ /led a petition for certiorari in the &ourt of ,ppeals# 536 It alleged that there is no law allowing the change of entries in the birth certi/cate by reason of se alteration#

During trial$ petitioner testi/ed for himself# (e also presented Dr# Dr# Reysio+ &ruz$ !r# and his ,merican /anc$ Richard '# del$ as witnesses# On !une ;$ 1??7$ the trial court rendered a decision 5;6 in fa.or of petitioner# Its rele.ant portions readB

  On February 17$ 1??3$ the &ourt of ,ppeals 5C6 rendered a decision 5E6 in fa.or of the Republic# It ruled that the trial courts decision lac:ed legal basis#  There is no law allowing allowing the change of either name name or se in the certi/cate

of birth on the ground of se reassignment through surgery# Thus$ the

 

&ourt of ,ppeals granted the Republics petition$ set aside the decision of the trial court and ordered the dismissal of S' &ase No# ?1+0?@1?C# 'etitioner mo.ed for reconsideration but it was denied# denied# 526 (ence$ this petition#   'etitioner essentially claims that the change of his name and se in his birth certi/cate is allowed under ,rti cles ;?C to ;07 of the &i.il &ode$ Rules 0?7 and 0?E of the Rules of &ourt and R, 2?;E# 50?6    The petition lac:s merit#   A 'ER"ON" 7IR"T NAME #ANNOT BE #HANED ON THE ROUND O7 "E; REA""INMENT   'etitioner in.o:ed in.o:ed his se reassignment as the ground for his petition for change of name and se# ,s found by the trial courtB 'etitioner /led the present petition not to e.ade any law or *udgment or any infraction thereof or for any unlawful moti.e but )o4 %or &h 5r5o) o% /a<*$( h*) *r&h rcor) co/5a&* =*&h h*) 5r)$& ):## =emphasis supplied> ):   'etitioner belie.es that after ha.ing ac"uired the physical features of a female$ he became entitled to the ci.il registry changes sought# 9e disagree#    The State has an interest interest in the names borne borne by indi.iduals and entities entities for purposes of identi/cation#5006 , change of name is a pri.ilege$ not a right# 5016  'etitions for change of name are controlled by statutes# 5076 In this connection$ ,rticle 7C3 of the &i.il &ode pro.idesB  

 This &i.il &ode pro.ision pro.ision was amended by by R, 2?;E =&lerical rr rror or 8aw># In particular$ Section 0 of R, 2?;E pro.idesB   S&TION 0# ut#orit0 0# ut#orit0 to Correct Clerical or 50pograp#ical 50pograp#ical 6rror and C#ange C#ange of First ame or ic&name. No entry in a ci.il register shall be changed or corrected without a *udicial order$ ecept for clerical or typographical errors and change of /rst name or nic:name which can be corrected or changed by the concerned city or municipal ci .il registrar or consul general in accordance with the pro.isions of this ,ct and its implementing rules and regulations#   R, 2?;E now go.erns the change of /rst name# 50;6 It .ests the power and authority to entertain petitions for change of /rst name to the city or municipal ci.il registrar or consul general concerned# Gnder the law$ therefore$ *urisdiction o.er applications for change of /rst name is now primarily lodged with the aforementioned aforementioned administrati.e o-cers# The intent and eAect of the law is to eclude the change of /rst name from the co.erage of Rules 0?7 =&hange of Name> and 0?E =&ancellation or &orrection of ntries in the &i.il Registry> of the Rules of &ourt$ until and unless an administrati.e petition for change of name is /rst /led and corresponding .enue$ subse"uently denied#50@6 It li:ewise lays down the corresponding 5036  form50C6 and procedure# In sum$ the remedy and the proceedings regulating change of /rst name are primarily administrati.e in nature$ not  *udicial# R, 2?;E li:ewise pro.ides the grounds for which change of /rst name may be allowedB   S&TION ;# %rounds for C#ange of First ame or ic&name. ic&name. The  The petition for change of /rst name or nic:name may be allowed in any of the following casesB   =0> The petitioner /nds the /rst name or nic:name to be ridiculous$ tainted with dishonor or etremely di-cult to write or pronounce<

,RT# 7C3# No person can change his name or surname without *udicial authority#

=1> The new /rst name or nic:name has been habitually and continuously used by the petitioner and he has been publicly :nown by that /rst name or nic:name in the community< or

 

=7>

The change will a.oid confusion#

'etitioners basis in praying for the change of his /rst name was his se

reassignment# (e intended to ma:e his /rst name compatible with the se

 

he thought he transformed himself into through surgery# surgery# (owe.er$ a change of name does not alter ones legal capacity or ci.il status# 50E6 R, 2?;E does not sanction a change of /rst name on the ground of se reassignment# Rather than a.oiding confusion$ changing petitioners /rst name for his declared purpose may only create gra.e complications in the ci.il registry and the public i nterest#   )efore a person can legally change his gi.en name$ he must present proper or reasonable cause or any compelling reason *ustifying such change#5026 In addition$ he must show that he will be pre*udiced by the use of his true and o-cial name#51?6In this case$ he failed to show$ or e.en allege$ any pre*udice that he might suAer as a result of using his true and o-cial name#   In sum$ the petition in the trial court in so far as it prayed for the change of  petitioners /rst name was not within that courts primary *urisdiction as the petition should ha.e been /led with the local ci.il registrar concerned$ assuming it could be legally done# It was an improper remedy because the proper remedy was administrati.e$ that is$ that pro.ided under R, 2?;E# It was also /led in the wrong .enue as the proper .enue was in the O-ce of the &i.il Registrar of %anila where his birth certi/cate is :ept# %ore importantly$ it had no merit since the use of his true and o-cial name does not pre*udice him at all# For all these reasons$ the &ourt of ,ppeals correctly dismissed petitioners petition in so far as the change of his /rst name was concerned#   NO +A A++O" THE #HANE O7 ENTR6 IN THE BIRTH #ERTI7I#ATE #ERTI7I#A TE A" TO "E; ON THE ROUND O7 "E; REA""INMENT  The determination of of a persons se appearing appearing in his birth certi/cate is a legal issue and the court must loo: to the statutes# 5106 In this connection$ ,rticle ;01 of the &i.il &ode pro.idesB ,RT# ;01# No entry in the ci.il register shall be changed or corrected without a *udicial order#  Together  Together with ,rticle 7C3 of the &i.il &od &ode$ e$ this pro.ision was ame amended nded by R, 2?;E in so far as clerical or t0pograp#ical errors are in.ol.ed# The correction or change of such matters can now be made through administrati.e proceedings and without the need for a *udicial order# In eAect$ R, 2?;Eofremo.ed from ambit Rule 0?E of theto Rules of &ourt  Rule 0?E of now applies only substantial the correction such errors# errors #5116the changes and corrections in entries in the ci.il register# register# 5176

S&TION 1# 7e8nition of 5erms# 5erms# ,s used in this ,ct$ the following terms shall meanB    =7> &lerical or typographical error refers to a mista:e committed in the performance of clerical wor: in writing$ copying$ transcribing or typing an entry in the ci.il register that is harmless and innocuous$ such as misspelled name or misspelled place of birth or the li:e$ which is .isible to the eyes or ob.ious to the understanding$ and can be corrected or changed only by reference to other eisting record or recordsB Provided, #o4ever, That #o4ever,  That no corrc&*o$ /)& *$o &h cha$( o%  nationality$ age$ status or ): ): of  of the petitioner# =emphasis supplied>   Gnder R, 2?;E$ a correction in the ci.il registry in.ol.ing the change of se is not a mere clerical or typographical error# error# It is a substantial change for which the applicable procedure is Rule 0?E of the Rules of &ourt#  The entries en.isaged en.isaged in ,rticle ;01 of the &i.il &ode and c correctable orrectable under Rule 0?E of the Rules of &ourt are those pro.ided in ,rticles ;?C and ;?E of the &i.il &odeB 51;6 ,RT# ;?C# ,cts$ e.ents and *udicial decrees concerning the ci.il status of persons shall be recorded in the ci.il register# register#   ,RT# ;?E# The following shall be entered in the ci.il registerB =0> )irths< =1> marriages< =7> deaths< =;> legal separations< =@> annulments of marriage< =3> *udgments declaring marriages .oid from the beginning< =C> legitimations< =E> adoptions< =2> ac:nowledgments of natural children< =0?> naturalization< =00> loss$ or =01> reco.ery of citizenship< =07> ci.il interdiction< =0;> *udicial determination of /liation< =0@> .oluntary emancipation of a minor< and =03> changes of name#  The acts$ e.ents or factual factual errors contemplate contemplated d under ,rticle ;?C of the &i.il &ode include e.en those that occur after birth#51@6 (owe.er$ no reasonable interpretation interpretation of the pro.ision can *ustify the conclusion that it co.ers the correction on the ground of se reassignment#  To  To correct simply means to ma:e or set aright< to rremo.e emo.e the faults or er error ror from while to change means to replace something with something else of the same :ind or with something that ser.es as a substitute# 5136 The birth certi/cate of petitioner contained no error# error# ,ll entries therein$ including those corresponding corresponding to his /rst name and se$ were all correct# No correction is necessary#

Section 1=c> of R, 2?;E de/nes what a clerical or typographical error isB

 

,rticle ;?C of the &i.il &ode authorizes the entry in the ci.il registry of certain acts acts =such  =such as legitimations$ ac:nowledgments of illegitimate children and naturalization>$ events events =such  =such as births$ marriages$ naturalization and deaths> and 9udicial and  9udicial decrees =such decrees =such as legal separations$ annulments of marriage$ declarations of nullity of marriages$ adoptions$ naturalization$ loss or reco.ery of citizenship$ ci.il interdiction$ *udicial determination of /liation and changes of name># These acts$ e.ents and

registration of a birth in the ci.il register# Such declaration shall be eempt from documentary stamp ta and shall be sent to the local ci.il registrar not later than thirty days after the birth$ by the physician or midwife in attendance at the birth or by either parent of the newborn child#

 *udicial decrees prod legal conse"uences conse"uence that touch the legal legal capacity$ status produce and uce nationality of a person#sTheir eAectsupon are epressly sanctioned by the laws# In contrast$ se reassignment is not among those acts or e.ents mentioned in ,rticle ;?C# Neither is it recognized nor e.en mentioned by any law$ epressly or impliedly#

following factsB =a> date and hour of birth< =b> ): ): and  and nationality o% *$%a$&< =c> names$ citizenship and religion of parents or$ in case the father *$%a$&< is not :nown$ of the mother alone< =d> ci.il status of parents< =e> place where the infant was born< and =f> such other data as may be re"uired in the regulations to be issued#

  Status refers to the circumstances aAecting the legal situation =that is$ the sum total of capacities and incapacities> of a person in .iew of his age$ nationality and his family membership# 51C6  

  In such declaration$ the person abo.e mentioned shall certify to the

     =emphasis supplied>   Gnder the &i.il Register 8aw$ a birth certi/cate is a historical record of the 5126

 The status of a person in law includes all his personal "u "ualities alities and relations$ /or or )) 5r/a$$& *$ $a&r, $o& or*$ar*4 &r/*$a a& h*) o=$ =*$ =*$ such as his being legitimate or illegitimate$ or his being married or not# The comprehensi.e term status status include  include such matters as the beginning and end of legal personality$ capacity to ha.e rights in general$ family relations$ and its .arious aspects$ such as birth$ legitimation$ adoption$ emancipation$ marriage$ di.orce$ and sometimes e.en succession#51E6 =emphasis supplied>  

, persons se is an essential factor in marriage and family relations# It is a part of a persons legal capacity and ci.il status# In this connection$ ,rticle ;07 of the &i.il &ode pro.idesB ,RT# ;07# ,ll other matters pertaining to the registration of ci.il status shall be go.erned by special laws# )ut there is no such special law in the 'hilippines go.erning se reassignment and its eAects# This is fatal to petitioners cause# %oreo.er$ Section @ of ,ct 7C@7 =the &i.il Register 8aw> pro.idesB S&# @# Registration and certi8cation of "irt#s. The "irt#s.  The declaration of the physician or midwife in attendance at the birth or$ in default thereof$ the

facts as they eisted at the time of birth#  Thus$ t#e se: of a person is determined at "irt#, .isually "irt#, .isually done by the birth attendant =the physician or midwife> by eamining the genitals of the i nfant# &onsidering that there is no law legally recognizing se reassignment$ the determination of a persons se made at the time of his or her birth$ if not attended by error$ 57?6  is immutable#5706 9hen words are not de/ned in a statute they are to be gi.en their common and ordinary meaning in the absence of a contrary legislati.e intent# The words se$ male and female as used in the &i.il Register 8aw and laws concerning the ci.il registry =and e.en all other laws> should therefore be understood in their common and ordinary usage$ there being no legislati.e intent to the contrary# contrary# In this connection$ se is de/ned as the sum of peculiarities of structure and function that distinguish a male from a female5716 or the distinction between male and female#5776 Female is the se that produces o.a or bears young57;6 and male is the se that has organs to produce spermatozoa for fertilizing o.a# 57@6 Thus$ the words male and female in e.eryday understanding do not include persons who ha.e undergone se reassignment# Furthermore$ Furthermore$ words that are employed in a statute which had at the time a well+:nown meaning are presumed to ha.e been used in that sense unless the contet compels to the contrary# 5736  Since the statutory language of the &i.il Register 8aw was enacted in the early 02??s and remains unchanged$ it cannot be argued that the term se as used then is something alterable through surgery or something that allows a post+operati.e male+to+female transseual transseual to be included in the category female# For these reasons$ while petitioner may ha.e succeeded in altering his

declaration of either parent of the newborn child$ shall be su-cient for the

body and appearance through the inter.ention of modern surgery$ no law

authorizes the change of entry as to se in the ci.il registry for that reason#  Thus$ there is no legal legal basis for his petition for the cor correction rection or change of the entries in his birth certi/cate#

It might be theoretically possible for this &ourt to write a protocol on when a person may be recognized as ha.ing successfully changed his se# (owe.er$ this &ourt has no authority to fashion a law on that matter$ or on anything else# The &ourt cannot enact a law where no law eists# It can only apply or interpret the written word of its co+e"ual branch of go.ernment$$ &ongress# go.ernment

 

NEITHER MA6 ENTRIE" IN THE BIRTH #ERTI7I#ATE A" TO 7IR"T NAME OR "E; BE #HANED ON THE ROUND O7 E!UIT6   The trial court opined that its grant grant of the petition was in conson consonance ance with the principles of *ustice and e"uity e"uity## It belie.ed that allowing the petition would cause no harm$ in*ury or pre*udice to anyone# This is wrong#  The changes sought sought by petitioner will ha.e serious serious and wide+ranging leg legal al and public policy conse"uences# First$ e.en the trial court itself found that the petition was but petitioners /rst step towards his e.entual marriage to his male /anc# (owe.er$ marriage$ one of the most sacred social institutions$ is a special contract of permanent union "et4een a man and a 4oman##57C6 One of its essential re"uisites is the legal capacit0 of t#e 4oman contracting parties 4#o must "e a male and a female# female#57E6 To grant the changes sought by petitioner will substantially recon/gur recon/gure e and greatly alter the laws on marriage and family relations# It will allow the union of a man with another mantransseual># who has undergone reassignment male+to+ female post+operati.e Second$se there are .arious=a laws which apply particularly to women such as the pro.isions of the 8abor &ode on employment of women$5726 certain f elonies under the Re.ised 'enal &ode5;?6 and the presumption of sur.i.orship in case of calamities under Rule 070 of the Rules of &ourt$ 5;06 among others# These laws underscore the public policy in relation to women which could be substantially aAected if petitioners petition were to be granted# It is true that ,rticle 2 of the &i.il &ode mandates that 5n6o *udge or court shall decline to render *udgment by reason of the silence$ obscurity or insu-ciency of the law# (owe.er$ it is not a license for courts to engage in  *udicial legislation# The duty of of the courts is to apply or interpr interpret et the law$ not to ma:e or amend it# In our system of go.ernment$ it is for the legislature$ should it choose to do so$ to determine what guidelines should go.ern the recognition of the eAects of se reassignment# The need for legislati.e guidelines becomes particularly important in this case where the claims asserted are statute+ based#

'etitioner pleads that 5t6he unfortunates are also entitled to a life of happiness$ contentment and 5the6 realization of their dreams# No argument about that# The &ourt recognizes that there are people whose preferences and orientation do not /t neatly into the commonly recognized parameters of social con.ention and that$ at least for them$ life i s indeed an ordeal# (owe.er$ the remedies petitioner see:s in.ol.e "uestions of public policy to be addressed solely by the legislature$ not by the courts# HERE7ORE$$ the petition is hereby DENIED HERE7ORE DENIED## &osts against petitioner# petitioner# "O ORDERED# ORDERED# RENATO #. #ORONA ,ssociate !ustice 9 &ON&GRB RE6NATO ". 'UNO &hief !ustice &hairperson  

ANE+INA "ANDOA+-UTIERREZ "ANDOA+-UTIERREZ ADO+7O ". AZ#UNA ,ssociate !ustice ,ssociate !ustice

 To  To reiterate$ the statute statutes s de/ne who may /le petitions petitions for change of /rst name and for correction or change of entries in the ci.il registry$ where they may be /led$ what grounds may be in.o:ed$ what proof must be presented and what procedures shall be obser.ed# If the legislature intends to person who has sehis reassignment reassign ment se$ the pri.ilege to confer changeon hisa name and se to undergone conform with reassigned it has to enact legislation laying down the guidelines in turn go.erning the

  #AN#IO #. AR#IA ,ssociate !ustice  

conferment of that pri.ilege#

 

CERTIF ICATION  

5006

 $ang v. v. Ce"u Cit0 Civil Registrar $ 4#R# No# 0@2233$ 7? %arch 1??@$ ;@; S&R, 0@@#

5016

'ursuant to Section 07$ ,rticle VIII of the &onstitution$ I certify that the conclusions in the abo.e decision had been reached in consultation before the case was assigned to the writer of the opinion of the &ourts Di.ision#

 Id#

5076

 K v. Healt# 7ivision, 7epartment of Human Resources$ Resources$ 1CC Or# 7C0$ @3? '#1d 0?C? =02CC># 50;6

 Gnder Section 1 =3> of R, 2?;E$ /rst name refers to a name or nic:name gi.en to a person which may consist of one or more names in addition to the middle names and last names# Thus$ the term /rst name will be used here to refer both to /rst name and nic:name#

 

50@6

 The last paragraph of Section C of R, 2?;E pro.idesB

RE6NATO ". 'UNO &hief !ustice

506

 'etitioner went for his elementary and high school$ as well as his )achelor of Science in Statistics and %aster of ,rts$ in the Gni.ersity of the

'hilippines# (e too: up 'opulation Studies 'rogram$ %aster of ,rts in Sociology and Doctor of 'hilosophy in Sociology at the Gni.ersity of (awaii$ in %anoa$ (awaii$ G#S#,# Rollo Rollo$$ p# ;E# 516

 This consisted of penectomy  This penectomy 5surgical remo.al remo.al of penis6 bilateral oschiectomy 5or orchiectomy which is the surgical ecision of the testes6 penile s:in in.ersion .aginoplasty 5plastic surgery of the .agina6 clitoral hood reconstruction and augmentation mammoplasty 5surgical enhancement of the size and shape of the breasts6# Id# 576

 On !anuary 17$ 1??7$ !anuary 7?$ 1??7 and Februa February ry 3$ 1??7#

5;6

 'enned by !udge Feliberto T# Olalia$ !r# Rollo Rollo$$ pp# @0+@7#

5@6

 Id#$ pp# @1+@7 =citations omitted>#

536

 Doc:eted as &,+4#R# S' No# CEE1;#

5C6

 Special Sith Di.ision#

5E6  'enned by ,ssociate !ustice ,rcangelita %# Romilla+8 Romilla+8onto: onto: with ,ssociate  !ustices %arina 8# )uzon and ,urora Santiago+8a Santiago+8agman gman concurring# Rollo Rollo$$ pp# 1@+77# 526

 Resolution dated Septembe Septemberr 0;$ 1??3$ id#$ pp# ;@+;3#

S&TION C# 7uties and Po4ers of t#e Civil Registrar %eneral.    9here the petition is denied by the city or municipal ci.il registrar or the consul general$ the petitioner may either appeal the decision to the ci.il registrar general or /le the appropriate petition with the proper court# 5036

 S&TION 7# $#o Ma0 File t#e Petition and $#ere. ,ny person ha.ing direct and personal interest in the correction of a clerical or typographical error in an entry andLor change of /rst name or nic:name in the ci.il register may /le$ in person$ a .eri/ed petition wi th the local ci.il registry o-ce of the city or municipality where the record being sought to be corrected or changed is :ept#   In case the petitioner has already migrated to another place in the country and it would not be practical for such party$ in terms of transportation epenses$ time and eAort to appear in person before the local ci .il registrar :eeping the documents to be corrected or changed$ the petition may be /led$ in person$ with the local ci.il registrar of the place where the interested party is presently residing or domiciled# The two =1> local ci.il registrars concerned will then communicate to facilitate the processing of the petition#   &itizens of the 'hilippines who are presently residing or domiciled in foreign countries may /le their petition$ in person$ with the nearest 'hilippine &onsulates#  

50?6

 ,n ,ct ,uthorizing the &ity or %unicipal &i.il Registrar or the &onsul 4eneral to &orrect a &lerical or Typo Typographical graphical rror in an ntry andLor &hange of First Name or Nic:name in the &i.il Register 9ithout Need of a

 The petitions /led with the the city or municipal ci.il registrar consul sul general shall be processed in accordance with this ,ct andor itsthe con implementing rules and regulations#

 !udicial Order$ ,mending for the 'urpose 'urpose ,rticles 7C3 and ;01 of of the &i.il &ode of the 'hilippines#

 

 

,ll petitions for the clerical or typographical errors andLor change of /rst names or nic:names may be a.ailed of only once# 50C6

 S&TION @# Form and Contents of t#e Petition. The Petition.  The petition shall be in the form of an a-da.it$ subscribed and sworn to before any person authorized by the law to administer oaths# The a-da.it shall set forth facts necessary to establish the merits of the petition and shall show a-rmati.ely that the petitioner is competent to testify to the matters stated# The petitioner shall state the particular erroneou erroneous s entry or entries$ which are sought to be corrected andLor the change sought to be made#  The petition shall be supported supported with the following documentsB documentsB =0> , certi/ed true machine copy of the certi/cate or of the page of the registry boo: containing the entry or entries sought to be corrected or changed< =1> ,t least two =1> public or pri.ate documents showing the correct entry or entries upon which the correction or change shall be based< and =7>

Other documents which the petitioner or the city or municipal

ci.il registrar or the consul general may consider rele.ant and necessary for the appro.al of the petition#   In case of change of /rst name or nic:name$ the petition shall li:ewise be supported with the documents mentioned in the immediately preceding paragraph# In addition$ the petition shall be published at least once a wee: for two =1> consecuti.e wee:s in a newspaper of general circulation# Furthermore$ Further more$ the petitioner shall submit a certi/cation from the appropriate law enforcement agencies that he has no pending case or no criminal record#

  7IR"T DII"ION  

MI#HAE+ #. U6, 4#R# No# 037C?C

'etitioner$

 

,ustria+%artinez$

On !une 07$ 022C$ pri.ate respondent+minors aren Oanes 9ei and amille Oanes 9ei$ represented by their mother Remedios Oanes =Remedios>$ /led a petition for letters of administration5@6 before the Regional Trial &ourt of %a:ati &ity$ )ranch 07E# The case was doc:eted as Sp# 'roc# No# ;@;2 and entitled ;ntestate 6state of Sima $ei (a.&.a. Ru8no %u0 Susim# Susim #

&alle*o$ Sr#$ and

 

&hico+Nazario$ JJ. &hico+Nazario$  JJ.

'ri.ate respondents alleged that they are the duly ac:nowledged illegitimate children of Sima 9ei$ who died intestate in %a:ati &ity on October 12$ 0221$ lea.ing an estate .alued at '0?$???$???#?? consisting of real and personal properties# (is :nown heirs are his sur.i.ing spouse Shirley 4uy and children$ my$ !eanne$ &ristina$ 4eorge and %ichael$ all surnamed 4uy# 4uy# 'ri.ate respondents respondents prayed for the appointment of a regular administrator for the orderly settlement of Sima 9eis estate# They li:ewise prayed that$ in the meantime$ petitioner %ichael &# 4uy$ son of the decedent$ be appointed as Special ,dministrator of the estate# ,ttached to pri.ate respondents petition was a &erti/cation ,gainst Forum Shopping536 signed by their counsel$ ,tty# Sedfrey ,# Ordoez#

'resentB 'anganiban$ C.J# C.J# =&hairperson>$ + .ersus + nares+Santiago$

HON. #OURT O7 A''EA+", HON. "I;TO MARE++A, JR., 'r)**$( J(, RT#, Bra$ch 138, Ma<a&* #*&4 a$ /*$or), >AREN DANE" EI a$ >AMI++E DANE" EI, r5r)$& 4 &h*r /o&hr /o&hr,, 'romulgatedB REMEDIO" OANE", Respondents#  September 0@$ 1??3 Respondents#  +++++++++++ +++++++++++++++++++++++ +++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++++++++++ ++++++++++++++++ ++++    DECISION    6NARE"-"ANTIAO, J  6NARE"-"ANTIAO,  J#B #B  

 This petition for re.iew re.iew on certiorari assails the !anua !anuary ry 11$ 1??; Decision506 of the &ourt of ,ppeals in &,+4#R# S' No# C2C;1$ which a-rmed the Orders dated !uly 10$ 1??? 516 and !uly 0C$ 1??7576 of the Regional Trial &ourt of %a:ati &ity$ )ranch 07E in S' 'roc# &ase No# ;@;2 denying petitioners motion to dismiss< and its %ay 1@$ 1??; Resolution5;6 denying petitioners motion for reconsideration#    The facts are as followsB followsB

  In his &ommentLOpposition &ommentLOpposition$$ 5C6 petitioner prayed for the dismissal of the petition# (e asserted that his deceased father left no debts and that his estate can be settled without securing letters of administration pursuant to Section 0$ Rule C; of the Rules of &ourt# (e further argued that pri.ate respondents responden ts should ha.e established their status as illegitimate children during the lifetime of Sima 9ei pursuant to ,rticle 0C@ of the Family &ode#    The other heirs of Sima 9ei 9ei /led a !oint %otion to Dismiss5E6 on the ground that the certi/cation against forum shopping should ha.e been signed by pri.ate respondents and not their counsel# They contended that Remedios should ha.e eecuted eecuted the certi/cation on behalf of her minor daughters as mandated by Section @$ Rule C of the Rules of &ourt#   In a %anifestationL%otion as Supplement to the !oint %otion to Dismiss$  petitioner and his co+heirs alleged that pri.ate respondents claim had been paid$ wai.ed$ abandoned or otherwise etinguished by reason of Remedios !une C$ 0227 Release and 9ai.er 9ai.er of &laim stating that in echange for the /nancial and educational assistance recei.ed from petitioner$ Remedios and her minor children discharge the estate of Sima

526

9ei from any and all liabilities#  

 

 

 The Regional Regional Trial Trial &ourt denied the !oint %otion to to Dismiss as well as the Supplemental %otion to Dismiss# It ruled that while the Release and 9ai.er of &laim was signed by Remedios$ it had not been established that she was the duly constituted guardian of her minor daughters# Thus$ no renunciation of right occurred# ,pplying a liberal application of the rules$ the trial court also re*ected petitioners ob*ections on the certi/cation against forum shopping#   'etitioner mo.ed for reconsideration but was denied# (e /led a petition for certiorari before the &ourt of ,ppeals which a-rmed the orders of the Regional Trial Trial &ourt in its assailed Decision dated !anuary 11$ 1??;$ the dispositi.e portion of which statesB   9(RFOR$ premises considered$ considered$ the present petition is hereby DNID DG &OGRS and accordingly DIS%ISSD$ for lac: of merit# &onse"uently$ the assailed Orders dated !uly 10$ 1??? and !uly 0C$ 1??7 are hereby both ,FFIR%D# Respondent Respondent !udge is hereby DIR&TD to resol.e the contro.ersy o.er the illegitimate /liation of the pri.ate respondents =sic> minors 5+6 aren Oanes 9ei and amille Oanes 9ei who are claiming successional rights in the intestate estate of the deceased Sima 9ei$ a#:#a# Ru/no 4uy Susim#   SO ORDRD#50?6    The &ourt of ,ppeals denied denied petitioners motion for rreconsideration$ econsideration$ hence$ this petition#   'etitioner argues that the &ourt of ,ppeals disregarded eisting rules on certi/cation against forum shopping< that the Release and 9ai.er of &laim eecuted by Remedios released and discharged the 4uy family and the estate of Sima 9ei from any claims or liabilities< and that pri.ate respondents do not ha.e the legal personality to institute the petition for letters of administration as they failed to pro.e their /liation during the lifetime of Sima 9ei in accordance with ,rticle 0C@ of the Fa Family mily &ode#   'ri.ate respondents contend that their counsels certi/cation can be considered substantial compliance with the rules on certi/cation of non+ forum shopping$ and that the petition raises no new issues to warrant the

re.ersal of the decisions of the Regional Trial Trial &ourt and the &ourt of ,ppeals#    The issues for resolution resolution areB 0> whethe whetherr pri.ate responden respondents ts petition should be dismissed for failure to comply with the rules on certi/cation of non+forum shopping< 1> whether the Release and 9ai.er of &laim precludes pri.ate respondents from claiming their successional ri ghts< and 7> whether pri.ate respondents are barred by prescription from pro.ing their /liation#    The petition lac:s merit#   Rule C$ Section @ of the Rules of &ourt pro.ides that the certi/cation of non+forum shopping should be eecuted eecuted by the plaintiA or the principal party# Failure to comply with the re"uirement shall be cause for dismissal of  the case# (owe.er$ a liberal application of the rules is proper where the higher interest of *ustice would be ser.ed# In S0 C#in v. Court of ppeals$ ppeals $ 5006  we ruled that while a petition may ha.e been Kawed where the certi/cate of non+forum shopping was signed only by counsel and not by the party$ this procedural lapse may be o.erloo:ed in the interest of substantial *ustice#5016 So it is in the present contro.ersy where the merits5076 of the case and the absence of an intention to .iolate the rules with impunity should be considered as compelling reasons to temper the strict application of the rules#   ,s regards Remedios Release and 9ai.er 9ai.er of &laim$ the same does not bar pri.ate respondents from claiming successional rights# To be .alid and eAecti.e$ a wai.er must be couched in clear and une"ui.ocal terms which lea.e no doubt as to the i ntention of a party to gi.e up a right or bene/t which legally pertains to him# , wai.er may not be attributed to a person when its terms do not eplicitly and clearly e.ince an intent to abandon a right#50;6   In this case$ we /nd that there was no wai.er of hereditary rights# The Release and 9ai.er 9ai.er of &laim does not state with clarity the purpose of its eecution# eecutio n# It merely states that Remedios recei.ed '7??$???#?? and an educational plan for her minor daughters by way of /nancial assistance and in full settlement of any and all claims of whatsoe.er nature and :ind    against the estate of the late Ru/no 4uy Susim#50@6 &onsidering that the

document did not speci/cally mention pri.ate respondents hereditary

 

share in the estate of Sima 9ei$ it cannot be construed as a wai.er of successional rights#

petitioner claims that they do not ha.e such right# (ence$ petitioners in.ocation of wai.er on the part of pri.ate respondents must fail#

 

 

%oreo.er$ e.en assuming that Remedios truly wai.ed the hereditary rights of pri.ate respondents$ respondents$ such wai.er will not bar the latters claim# ,rticle 0?;; of the &i.il &ode$ pro.idesB

,nent the issue on pri.ate respondents /liation$ we agree with the &ourt of  ,ppeals that a ruling on the same would be premature considering that pri.ate respondents ha.e yet to present e.idence# )efore the Family &ode

 

too: eAect$ the go.erning law on actions for recognition of illegitimate children was ,rticle 1E@ of the &i.il &ode$ to witB

,RT# 0?;;# ,ny person ha.ing the free disposal of his property may accept or repudiate an inheritance#

 

 

,RT# 1E@# The action for the recognition of natural children may be brought only during the lifetime of the presumed parents$ ece ecept pt in the following casesB

A$4 *$hr*&a$c %& &o /*$or) or *$ca5ac*&a& 5r)o$) /a4  acc5& 4 &h*r 5ar$&) or (ar *a$). 'ar$&) or (ar*a$) /a4 r5*a& &h *$hr*&a$c %& &o &h*r =ar) o$4 4 ?*c*a a&hor*@a&*o$.    The right to accept an inheritance inheritance left to the poor shall be belong long to the persons designated by the testator to determine the bene/ciaries and distribute the property$ or in their default$ to those mentioned in ,rticle 0?7?# =mphasis supplied>   'arents and guardians may not therefore repudiate the inheritance of their wards without *udicial appro.al# This is because repudiation amounts to an alienation of property5036 which must pass the courts scrutiny in order to protect the interest of the ward# Not ha.ing been *udicially authorized$ the Releaserespondents and 9ai.er 9ai.er of &laim in the instant caseas is heirs .oid and willdeceased# not bar pri.ate from asserting their rights of the   Furthermore$ it must be emphasized that wai.er is the intentional Furthermore$ relin"uishment of a &no4n right# 9here one lac:s :nowledge of a right$ there is no basis upon which wai.er of it can rest# Ignorance of a material fact negates wai.er$ and wai.er cannot be established by a consent gi.en under a mista:e or misapprehension of fact#50C6   In the present case$ pri.ate respondents could not ha.e possibly wai.ed their successional rights because they are yet to pro.e their status as ac:nowledged illegitimate children of the deceased# 'etitioner himself has

  1 I% &h %a&hr or /o&hr * r*$( &h /*$or*&4 o% &h ch*, *$ =h*ch ca) &h a&&r /a4 C &h ac&*o$ %or &h :5*ra&*o$ o% %or 4ar) %ro/ &h a&&a*$/$& o% h*) /a?or*&4   =1> If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child#   In this case$ the action must be commenced within four years from the /nding of the document# =mphasis supplied>   9e ruled in 1erna"e v. le9o50E6 that illegitimate children who were still minors at the time the Family &ode too: eAect and whose putati.e parent died during their minority are gi.en the ri ght to see: recognition for a period of up to four years from attaining ma*ority age# This .ested right was not impaired or ta:en away by the passage of the Family &ode# 5026   On the other hand$ ,rticles 0C1$ 0C7 and 0C@ of the Family &ode$ which superseded ,rticle 1E@ of the &i.il &ode$ pro.ideB   ,RT# 0C1# The /liation of legitimate children is established by any of the followingB

consistently denied that pri.ate respondents are his co+heirs# It would thus be inconsistent to rule that they wai.ed their hereditary rights when

 

 

=0> The record of birth appearing in the ci.il register or a /nal *udgment< or   =1> ,n admission of legitimate /liation in a public document or a pri.ate handwritten instrument and signed by the parent concerned#   In the absence of the f oregoing e.idence$ the legitimate /liation shall be pro.ed byB   =0> The open and continuous possession of the status of a legitimate child< or   =1> ,ny other means allowed by the Rules of &ourt and special laws#   ,RT# 0C7# The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity insanity## In these cases$ the heirs shall ha.e a period of /.e years wi thin which to institute the action#    The action already commenced by the child shall shall sur.i.e notwithstanding the death of either or both of the parties# ,RT# 0C@# Illegitimate children may establish their illegitimate /liation in the same way and on the same$ e.idence as legitimate children#  The action must be brought brought within the same period speci/ed speci/ed in ,rticle 0C7$ ecept when the action is based on the second paragraph of ,rticle 0C1$ in which case the action may be brought during the lifetime of the alleged parent# Gnder the Family &ode$ when /liation of an illegitimate child is established by a record of birth appearing in the ci.il register or a /nal *udgment$ or an admission of /liation in a public document or a pri.ate handwritten instrument signed by the parent concerned$ the action for recognition may be brought by the child during his or her lifetime# (owe.er$ if the action is based upon open and continuous possession of the status of an illegitimate child$ or any other means allowed by the rules or special laws$ it may only be brought during the lifetime of the alleged parent# It is clear therefore that the resolution of the issue of prescription depends

their /liation# (owe.er$ it would be impossible to determine the same in this case as there has been no reception of e.idence yet# This &ourt is not a trier of facts# Such matters may be resol.ed only by the Region Regional al Trial Trial &ourt after a full+blown trial# 9hile the original action /led by pri.ate respondents was a petition for letters of administration$ the trial court is not precluded from recei.ing e.idence on pri.ate respondents /liation# Its *urisdiction etends to matters incidental and collateral to the eercise of its recognized powers in handling the settlement of the estate$ including the determination of the status of each heir#51?6 That the two causes of action$ one to compel recognition and the other to claim inheritance$ may be *oined in one complaint is not new in our *urisprudence#5106 ,s held in 1ri/ v. 1ri/ B5116    The "uestion whether whether a person in the position o off the present plaintiA ca can n in any e.ent maintain a comple action to compel recognition as a natural child and at the same time to obtain ulterior relief  in the character of heir$ is one which in the opinion of this court must be answered in the a-rmati.e$ pro.ided always that the conditions *ustifying the *oinder of the two distinct causes of action are present in the particular case# In other words$ there is no absolute necessity re"uiring that the action to compel ac:nowledgment should ha.e been instituted and prosecuted to a successful conclusion prior to the action in which that same plaintiA see:s additional relief in the character of heir# &ertainly$ there is nothing so peculiar to the action to compel ac:nowledgment as to re"uire that a rule should be here applied diAerent from that generally applicable in other cases#     The conclusion abo.e abo.e stated$ though not not heretofore e eplicitly plicitly formulated by this court$ is undoubtedly to some etent supported by our prior decisions# Thus$ we ha.e held in numerous cases$ and the doctrine must be considered well settled$ that a natural child ha.ing a right to compel ac:nowledgment$ but who has not been in fact ac:nowledged$ may maintain partition proceedings for the di.ision of the inheritance against his coheirs =Siguiong .s# Siguiong$ E 'hil#$ @< Tiamson .s# Tiamson$ 71 'hil#$ 31>< and the same person may inter.ene in proceedings for the distribution of the estate of his deceased natural father$ or mother =&apistrano .s# Fabella$ E 'hil#$ 07@< &onde .s# ,baya$ 07 'hil#$ 1;2< Ramirez .s# 4mur$ ;1 'hil#$ E@@># In neither of these situations has it been thought necessary for the plaintiA to show a prior decree compelling ac:nowledgment# The ob.ious reason is that in partition suits and distribution proceedings the other persons who might ta:e by inheritance are before the court< and the declaration of heirship is appropriate to such proceedings# HERE7ORE, the instant petition is DENIED DENIED##  The The Decision dated !anuary

on the type of e.idence to be adduced by pri.ate respondents in pro.ing

 

1??; denying petitioners motion for reconsideration$ are A77IRMED A77IRMED## 8et the records be REMANDED to the Regional Trial &ourt of %a:ati &ity$ )ranch 07E for further proceedings#

11$ 1??; of the &ourt of ,ppeals in &, 4#R# S' No# C2C;1 a-rming the denial of petitioners motion to dismiss< and its Resolution dated %ay 1@$

 

 

CERTIFICATION

"O ORDERED.

 

  'ursuant to Section 07$ ,rticle VIII of the &onstitution$ it is hereby certi/ed that the conclusions in the abo.e Decision were reached in consultation #ON"UE+O 6NARE"-"ANTIAO ,ssociate !ustice  

E #ON#URB #ON#URB  

ARTEMIO . 'ANANIBAN &hief !ustice &hairperson  

MA. A+I#IA AU"TRIA-MARTINEZ ROMEO J. #A++EJO, "R. ,ssociate !ustice ,ssociate !ustice  

MINITA . #HI#O-NAZARIO ,ssociate !ustice  

before the case was assigned to the writer of the opinion of the &ourts Di.ision#  

ARTEMIO . 'ANANIBAN &hief !ustice

 T(IRD DIVISION

 

[.R. No. 138322. Oc&or 2, 2001] RA#E J. AR#IA, a.<.a. RA#E J. AR#IA-RE#IO, petitioner AR#IA-RE#IO, petitioner,, vs. vs. REDERI#> A. RE#IO, respondent . DE#I"ION 'ANANIBAN, J.: 'ANANIBAN,  J.: , di.orce obtained abroad by an alien may be recognized in our  *urisdiction$ pro.ided such such decree is .alid according according to the national law of the foreigner# foreigner# (owe.er$ the di.orce decree and the go.erning personal law of the alien spouse who obtained the di.orce must be pro.en# Our courts do not ta:e *udicial notice of foreign laws and *udgments< hence$ li:e any other facts$ both the di.orce decree and the national law of the alien must be alleged and pro.en according to our law on e.idence# Th #a) )efore us is a 'etition for Re.iew under Rule ;@ of the Rules of &ourt$ see:ing to nullify the !anuary C$ 0222 Decision 506 and the %arch 1;$ 0222

On %arch 7$ 022E$ petitioner /led a &omplaint for Declaration of Nullity of %arriage50?6 in the court a <uo, on the ground of bigamy ++ respondent allegedly had a prior subsisting marriage at the time he married her on  !anuary 01$ 022;# She claimed claimed that she learned of of respondents mar marriage riage to ditha Samson only in No.ember$ 022C# In his ,nswer$ respondent a.erred that$ as far bac: as 0227$ he had re.ealed to petitioner his prior marriage and and its  its subse"uent dissolution# 5006  (e contended that his /rst marriage to an ,ustralian citizen had been .alidly dissol.ed by a di.orce decree obtained in ,ustralia in 02E2< 5016 thus$ he was legally capacitated to marry petitioner in 022;# On !uly C$ 022E ++ or about /.e years after the couples wedding and while the suit for the declaration of nullity was pending ++ respondent was able to secure a di.orce decree from a family court in Sydney$ ,ustralia because the marriage ha5d6 irretrie.ably bro:en bro:en down# down #5076 Respondent prayed in his ,nswer that the &omplaint be dismissed on the Respondent ground that it stated no cause of action# action# 50;6  The The O-ce of the So Solicitor licitor 4eneral agreed with respondent#50@6  The The court mar:e mar:ed d and admitted the 5036

516

Order  of the Regional Trial Trial &ourt of &abanatuan &ity$ )ranch 1E$ in &i.il &ase No# 7?13,F# 7?13,F# The assailed Decision disposed as followsB 9(RFOR$ this &ourt declares the marriage between 4race !# 4arcia and Rederic: ,# Recio solemnized on !anuary 01$ 022; at &abanatuan &ity as dissol.ed and both parties can now remarry under eisting and applicable laws to any andLor both parties# 576  The assailed Order Order denied reconsideration reconsideration of the abo.e+"uoted abo.e+"uoted Decision# Th 7ac&) Rederic: ,# Recio$ a Filipino$ was married to ditha Samson$ an ,ustralian

documentary e.idence of both parties#  ,fter they submitted 50C6 their respecti.e memoranda$ the case was submitted for resolution#  Thereafter$  Thereafte r$ the trial court rendered the the assailed Decision and O Order rder## R*$( o% &h Tr*a Tr*a #or&  The trial court declared the the marriage dissol.ed on the ground that that the di.orce issued in ,ustralia was .alid and recognized in the 'hilippines# It deemed the marriage ended$ but not on the basis of any defect in an essential element of the marriage< that is$ respondents alleged lac& of legal capacit0 to remarr0 # Rather$ it based its Decision on the di.orce decree obtained by respondent# The ,ustralian di.orce had ended the

5;6

 They  They togethe r as citizen$ inand %alabon$ on %arch 0$ 02EC#  5@6 li.ed together husband wife inRizal$ ,ustralia# On %ay 0E$ 02E2$  a decree of di.orce$ purportedly dissol.ing the marriage$ was issued by an ,ustralian family court# On !une 13$ 0221$ respondent became an ,ustralian citizen$ as shown by a &erti/cate of ,ustralian &itizenship issued by the ,ustralian go.ernment# 536  'etitioner ++ a Filipina ++ and respondent were married on !anuary 01$ 022; in Our 8ady of 'erpetual (elp &hurch in &abanatuan &ity# 5C6In their application application for  for a marriage license$ respondent was declared as single and Filipino#5E6 Starting October 11$ 022@$ petitioner and respondent li.ed separately without prior *udicial dissolution of their marriage# 9hile the two were still in ,ustralia$ their con*ugal assets were di.ided on %ay 03$ 0223$ in 526

marriage< thus$ there was no more marital union to nullify or annul# (ence$ this 'etition# 50E6 I))) 'etitioner submits the following issues for our considerationB 1  The trial court gra.ely erred erred in /nding tha thatt the di.orce decree o obtained btained in ,ustralia by the respondent ipso facto terminated his /rst marriage to ditha Samson thereby capacitating him to contract a second marriage with the petitioner# 2

accordance with their Statutory Declarations secured in ,ustralia#

 

 The failure of the respondent$ respondent$ who is now a naturalized naturalized ,ustralian$ to present a certi/cate of legal capacity to marry constitutes absence of a substantial re"uisite .oiding the petitioners marriage to the respondent 3  The trial court seriously erred erred in the application of ,rt# 13 o off the Family Family &ode in this case#   The trial court patently and grie.ously grie.ously erred erred in disregarding ,rts# 00$ 00$ 07$ 10$ 7@$ ;?$ @1 and @7 of the Family &ode as the applicable pro.isions in this case# F  The trial court gra.ely erred erred in pronouncing pronouncing that the di.orce decree decree obtained by the respondent in ,ustralia ipso facto capacitated the parties to remarry$ without /rst securing a recognition of the *udgment granting the di.orce decree before our courts# 5026  The 'etition raises /.e /.e issues$ but for purposes purposes of this Decision$ we shall concentrate on two pi.otal onesB =0> whether the di.orce between respondent and ditha Samson was pro.en$ and =1> whether respondent was pro.en to be legally capacitated to marry petitioner# )ecause of our ruling on these two$ there is no more necessity to ta:e up the rest# Th #or&) R*$(  The 'etition is partly meritorious# meritorious# 7*r)& I))

,t the outset$ we lay the following basic legal principles as the ta:e+oA points for our discussion# 'hilippine law does not pro.ide for absolute di.orce< hence$ our courts cannot grant it# 5106 , marriage between two Filipinos Filipino s cannot be dissol.ed e.en by a di.orce obtained abroad$ because of ,rticles 0@5116 and 0C5176 of the &i.il &ode# 51;6 In mied marriages in.ol.ing a Filipino and a foreigner$ ,rticle 13 51@6 of the Family &ode allows the former to contract a subse"uent marriage in case the di.orce is .alidly obtained 5136

abroad by the alien spouse capacitating him or her to remarry# remarry#  , di.orce obtained abroad by a couple$ who are both aliens$ may be recognized in the 'hilippines$ pro.ided it is consistent with their respecti.e national laws# 51C6

, comparison between marriage and di.orce$ as far as pleading and proof are concerned$ can be made# =an 7orn v. Romillo Jr. decrees decrees  that aliens may obtain di.orces abroad$ which may be recognized in the 'hilippines$ pro.ided they are .alid according to their national law# law# 51E6 Therefor  Therefore$ e$ before a foreign di.orce decree can be recognized by our courts$ the party pleading it must pro.e the di.orce as a fact and demonstrate its conformity to the foreign law allowing it# 5126 'resentatio 'resentation n solely of the di.orce decree is insu-cient# Divor!e $s $ &'estion o( F$!t  'etitioner insists that before a di.orce decree can be admitted in e.idence$ it must /rst comply wi th the registration re"uirements under ,rticles 00$ 07 and @1 of the Family &ode# These articles read as followsB ,RT# 00# 9here a marriage license is re"uired$ each of the contracting parties shall /le separately a sworn application for such li cense with the proper local ci.il registrar which shall specify the followingB 

Proving te Divor!e "et#een Respondent $nd Edit$ S$%son 'etitioner assails the trial courts recognition of the di.orce between respondent and ditha Samson# &iting dong &iting  dong v. v. C#eong Seng %ee, 51?6  petitioner argues that the di.orce decree$ li:e any other foreign  *udgment$ may be gi.en recognition recognition in this *urisdiction only up upon on proof of the eistence of =0> the foreign law allowing absolute di.orce and =1> the alleged di.orce decree itself# She adds that respondent miserably failed to establish these elements# 'etitioner adds that$ based on the /rst paragraph of ,rticle 13 of the Fa Family mily &ode$ marriages solemnized abroad are go.erned by the law of the place where they were celebrated =the le: loci cele"rationis># cele"rationis># In eAect$ the &ode re"uires the presentation of the foreign law to show the conformity of  the marriage in "uestion to the legal re"uirements of the place where the

=@> If pre.iously married$ how$ when and where the pre.ious marriage was dissol.ed or annulled<  ,RT# 07# In case either of the contracting parties has been pre.iously married$ the applicant shall be re"uired to ,RT# 07# In case either of the contracting parties has been pre.iously married$ the applicant shall be re"uired to furnish$ instead of the birth or baptismal certi/cate re"uired in the last preceding article$ the death certi/cate of the deceased spouse or the *udicial decree of the absolute di.orce$ or the *udicial decree of annulment or declaration of nullity of his or her pre.ious marriage#   # ,RT# @1# The *udgment of annulment or of absolute nullity of the marriage$

marriage was performed# the partition and distribution of the properties of the spouses$ and the deli.ery of the childrens presumpti.e legitimes shall be recorded in the

 

appropriate ci.il registry and registries of property< otherwise$ the same shall not aAect their persons# Respondent$ on the other hand$ argues that the ,ustralian di.orce decree Respondent$ is a public document ++ a written o-cial act of an ,ustralian family court# Therefore$ it re"uires no further proof of its authenticity and due eecution# Respondent is getting ahead of himself# )efore a foreign *udgment is gi.en Respondent presumpti.e e.identiary .alue$ the document must /rst be presented and admitted in e.idence# 57?6 , di.orce obtained abroad is pro.en by the di.orce decree itself# Indeed the best e.idence of a *udgment is the  *udgment itself# itself#5706 The decree purports to be a written act or record of an act of an o-cial body or tribunal of a foreign country# 5716 Gnder Sections 1; and 1@ of Rule 071$ on the other hand$ a writing or document may be pro.en as a public or o-cial record of a foreign country by either =0> an o-cial publication or =1> a copy thereof attested5776 by the o-cer ha.ing legal custody of the document# I f the record is not :ept in the 'hilippines$ such copy must be =a> accompanied by a certi/cate issued by the proper diplomatic or consular o-cer in the 'hilippine foreign ser.ice stationed in the foreign country in which the record is :ept and =b> authenticated by the seal of his o-ce#  57;6  The di.orce decree decree between respondent respondent and ditha Samson Samson appears to be an authentic one issued by an ,ustralian family court#57@6 (owe.er$ appearance is not su-cient< compliance with the aforementioned rules on e.idence must be demonstrated# Fortunately for respondents cause$ when the di.orce decree of %ay 0E$ 02E2 was submitted in e.idence$ counsel for petitioner ob*ected$ not to its admissibility$ but only to the f act that it had not been registered in the 8ocal &i.il Registry of &abanatuan &ity#5736 The trial court ruled that it was admissible$ sub*ect to petitioners "uali/cation#57C6 (ence$ it was admitted in e.idence and accorded weight by the *udge# Indeed$ petitioners failure to ob*ect properly rendered the di.orce decree admissible as a written act of the Family &ourt of Sydney$ ,ustralia# 57E6 &ompliance with the "uoted articles =00$ 07 and @1> of the Family Family &ode is not necessary< respondent was no longer bound by 'hilippine personal laws after he ac"uired ,ustralian citizenship in 0221# 5726 Naturalization is the legal act of adopting an alien and clothing him with the political and ci.il rights belonging to a citizen# 5;?6 Naturalized citizens$ freed from the protecti.e cloa: of their former states$ don the attires of their adopti.e countries# )y becoming an ,ustralian$ respondent se.ered his allegiance to the 'hilippines and the vinculum 9uris that 9uris that had tied him to 'hilippine personal laws#

Respondent Respon dent contends that the burden to pro.e ,ustralian di.orce law falls upon petitioner$ because she is the party challenging the .alidity of a foreign *udgment# (e contends that petitioner was satis/ed with the original of the di.orce decree and was cognizant of the marital laws of ,ustralia$ because she had li.ed and wor:ed in that country for "uite a long time# )esides$ the ,ustralian di.orce law is allegedly :nown by 'hilippine courts< thus$ *udges may ta:e *udicial notice of foreign laws in the eercise of sound discretion# 9e are not persuaded# The burden of proof lies with the party who alleges the eistence of a fact or thing necessary in the prosecution or defense of an action#5;06 In ci.il cases$ plaintiAs ha.e the burden of pro.ing the material allegations of the complaint when those are denied by the answer< and defendants ha.e the burden of pro.ing the material allegations in their answer when they introduce new matters# 5;16 Since the di.orce was a defense raised by respondent$ the burden of pro.ing the pertinent ,ustralian law .alidating it falls s"uarely upon him# It is well+settled in our *urisdiction that our courts cannot ta:e *udicial notice of foreign laws# laws#5;76 8i:e any other facts$ they must be alleged and pro.ed# ,ustralian marital laws are not among those matters that *udges are supposed to :now by reason of their *udicial function# 5;;6 The power of  *udicial notice must be eercised eercised with caution$ and e e.ery .ery reasona reasonable ble doubt upon the sub*ect should be resol.ed in the negati.e# "co$ I))  Respondents Leg$) C$p$!it* to Re%$rr*  'etitioner contends that$ in .iew of the insu-cient proof of the di.orce$ respondent was legally incapacitated to m arry her in 022;# (ence$ she respondent concludes that their marriage was .oid a" initio# initio# Respondent Respon dent replies that the ,ustralian di.orce decree$ which was .alidly admitted in e.idence$ ade"uately established his legal capacity to marry under ,ustralian law# Respondents Respon dents contention is untenable# In its strict legal sense$ divorce divorce means  means the legal dissolution of a lawful union for a cause arising after marriage# )ut di.orces are of diAerent types# The two basic ones are =0> absolute di.orce or a vinculo matrimonii and =1> limited di.orce or a mensa et t#oro. The t#oro.  The /rst :ind terminates the marriage$ while the second suspends it and lea.es the bond in full force# 5;@6 There is no showing in the case at bar which type of di.orce was procured by respondent# Respondent presented a decree nisi or an interlocutory decree ++ a Respondent conditional or pro.isional *udgment of di.orce# It is i n eAect the same as a separation from bed and board$ although an absolute di.orce may follow after the lapse of the prescribed period during which no reconciliation is

"'rden o( Proving A'str$)i$n L$#

eAected#5;36

 

.en after the di.orce becomes absolute$ the court may under some foreign statutes and practices$ still restrict remarriage# Gnder some other  *urisdictions$ remarriage may may be limited by statute< thus$ the g guilty uilty party in a di.orce which was granted on the ground of adultery may be prohibited from marrying again# The court may allow a remarriage only after proof of good beha.ior#5;C6 On its face$ the herein ,ustralian di.orce decree contains a restriction that readsB 0# , party to a marriage who marries again before this decree becomes absolute =unless the other party has died> commits the oAence of bigamy# 5;E6

 This "uotation bolsters bolsters our contention that the di.o di.orce rce obtained by respondent may ha.e been restricted# It did not absolutely establish his legal capacity to remarry according to his national law# (ence$ we /nd no basis for the ruling of the trial court$ which erroneous erroneously ly assumed that the ,ustralian di.orce ipso facto restored respondents respondents capacity to remarry despite the paucity of e.idence on this matter# 9e also re*ect the claim of respondent that the di.orce decree raises a disputable presumption or presumpti.e e.idence e.idence as to his ci.il status based on Section ;E$ Rule 72 5;26 of the Rules of &ourt$ for the simple reason that no proof has been presented on the legal eAects of the di.orce decree obtained under ,ustralian laws# Signi+!$n!e o( te Certi+!$te o( Leg$) C$p$!it*  'etitioner argues that the certi/cate of legal capacity re"uired by ,rticle 10 of the Family &ode was not submitted together with the application for a marriage license# ,ccording to her$ its absence is proof that respondent did not ha.e legal capacity to remarry#

5@76

 =d> hibit D O-ce of the &ity Registrar of &abanatuan &ity &erti/cation that no information of annulment between Rederic: ,# Recio and ditha D# Samson was in its records< 5@;6 and =e> hibit  &erti/cate of ,ustralian &itizenship of Rederic: ,# Recio< 5@@6 =1> for respondentB =a> hibit 0 ++ ,mended ,nswer<5@36 =b> hibit 1 Family 8aw ,ct 02C@ Decree Nisi of Dissolution of %arriage in the Family &ourt of ,ustralia<5@C6 =c> hibit 7 &erti/cate of ,ustralian &itizenship of Rederic: ,# Recio< 5@E6 =d> hibit ; Decree Nisi5@26 of Dissolution of %arriage in the Family &ourt of ,ustralia &erti/cate<  and hibit @ ++ Statutory Declaration of the 8egal Separation )etween Rederic: ,# Recio and 4race !# 4arcia Recio since October 11$ 022@#53?6 )ased on the abo.e records$ we cannot conclude that respondent$ who was then a naturalized ,ustralian citizen$ was legally capacitated to marry petitioner on !anuary 01$ 022;# 9e agree with petitioners contention that the court a <uo erred in /nding that the di.orce decree ipso facto clothed respondentt with the legal capacity to remarry without re"uiring him to responden adduce su-cient e.idence to show the ,ustralian personal law go.erning his status< or at the .ery least$ to pro.e his legal capacity to contract the second marriage# Neither can we grant petitioners prayer to declare her marriage to respondentt null and .oid on the ground of bigamy responden bigamy## ,fter all$ it may turn out that under ,ustralian law$ he was really capacitated to marry petitioner as a direct result of the di.orce decree# (ence$ we belie.e that the most  *udicious course is to remand remand this case to the trial court to rec recei.e ei.e e.idence$ if any$ which show petitioners legal capacity to marry petitioner## Failing in that$ then the court a <uo may petitioner <uo may declare a nullity of the parties marriage on the ground of bigamy$ there being already in e.idence two eisting marriage certi/cates$ which were both obtained in the 'hilippines$ one in %alabon$ %etro %anila dated %arch 0$ 02EC and the other$ in &abanatuan &ity dated !anuary 01$ 022;#

9e clarify# To repeat$ the legal capacity to contract marriage is determined by the national law of the party concerned# The certi/cate mentioned in ,rticle 10 of the Family &ode would ha.e been su-cient to establish the legal capacity of respondent$ had he duly presented it in court# , duly authenticated and admitted certi/cate is prima facie e.idence of legal capacity to marry on the part of the alien applicant for a marriage license#

HERE7ORE$ in the i nterest of orderly procedure and substantial *ustice$ HERE7ORE$ we R6M7 R6M7 the  the case to the court a <uo for <uo for the purpose of recei.ing e.idence which conclusi.ely show respondents legal capacity to marry petitioner< and failing in that$ of declaring the parties marriage .oid on the ground of bigamy$ as abo.e discussed# No costs#

5@?6

"O ORDERED.

,s it is$ howe.er$ there is absolutely no e.idence that pro.es respondents legal capacity to marry petitioner# , re.iew of the records before this &ourt shows that only the following ehibits were presented before the lower courtB =0> for petitionerB =a> hibit , &omplaint<5@06 =b> hibit ) &erti/cate of %arriage )etween Rederic: ,# Recio =Filipin =Filipino+,ustralian> o+,ustralian> and 4race !# 4arcia =Filipino> on !anuary 01$ 022; in &abanatuan &ity$ Nue.a ci*a< 5@16 =c>

Melo, (C#airman, =itug, and Sandoval-%utierre/, and Sandoval-%utierre/, JJ., concur concur..

hibit & &erti/cate of %arriage )etween Rederic: ,# Recio =Filipino> and ditha D# Samson =,ustralian> on %arch 0$ 02EC in %alabon$ %etro %anila<

506

 'enned by !udge Feliciano V# )uena.entura< rollo rollo$$ pp# C+2#

 

516

 Rollo Rollo$$ p# 0?#

576

 ;"id#$ ;"id#$ p# 2#

5;6

 Rollo Rollo$$ p# 7C#

5@6

 ;"id#$ ;"id#$ p# ;C#

5176

 ,RT## 0C# The forms and solemnities of contracts$ wills$ and other public  ,RT instruments shall be go.erned by the laws of the country in which they are eecuted# 

5C6

'rohibiti.e laws concerning persons$ their acts or property$ and those which ha.e for their ob*ect public order$ public policy and good customs shall not be rendered ineAecti.e by laws or *udgments promulgated$ or by determinations or con.entions agreed upon in a foreign country#

5E6

51;6

526  The couple secured  The secured an ,ustralian Statutory Declaration Declaration of their legal separation and di.ision of c on*ugal assets#

51@6

536

 ;d#$ ;d#$ p# ;;#  ;d#$ ;d#$ p# 73#  ,nne 0< temporary rollo$ p# 2#

See ,nnees 7 and ; of Respondents Respondents &omment< rollo rollo$$ p# ;E# 50?6

 ;d#$ ;d#$ pp# 77+7@#

5006

 ;d#$ ;d#$ p# 72#

5016

 ,mended ,nswer$ p# 1< rollo rollo$$ p# 72#

5076

 ;d#$ ;d#$ pp# CC+CE#

50;6

 ;d#$ ;d#$ p# ;7#

50@6

 Rollo Rollo$$ pp# ;E+@0#

 5enc#aves v. 6scano 0@ 6scano  0@ S&R, 7@@$ 731$ No.ember 12$ 023@< 1arretto %on/ale/ v. %on/ale/, @E 'hil# 3C$ C0+C1$ %arch C$ 0277#

 ,rt# 13# ,ll marriages solemnized outside the 'hilippines in accordance with the laws in force in the country where they were solemnized$ and .alid there as such$ shall also be .alid in this country$ ecept those prohibited under ,rticles 7@=0>$ =;>$ =@>$ and =3>$ 73$ 7C$ and 7E# =C0a> 9here a marriage between a Filipino citizen and a foreigner is .alidly celebrated and a di.orce is thereafter .alidly obtained abroad by the alien spouse capacitating him or her to remarry$ the Filipino spous spouse e shall ha.e capacity to remarry under 'hilippine law# =,s amended by O 11C$ prom#  !uly 1C$ 02EC> 5136

 Cf. =an 7orn v. Romillo Jr., 072 S&R, 072$ 0;7+0;;$ October E$ 02E@< and Pilapil v. ;"a0-Somera, ;"a0-Somera, 0C; S&R, 3@7$ 337$ !une 7?$ 02E2#

51C6 5036

 TSN$ December 03$ 022E$ pp# 0+E< records$ pp# 0C1+0C2#

 =an 7orn v. Romillo Jr., supra# supra #

51E6 50C6

 RT& Order of December 03$ 022E< i"id i"id#$ #$ p# 1?7#

50E6

 The case was deemed submitted for decision on !anuary 00$ 1???$ upon

this &ourts receipt of the %emorandum for petitioner$ signed by ,tty# ,tty# Oli.ia Velasco+!acoba# The %emorandum for respondent$ signed by ,tty# 4loria V# 4omez of 4omez and ,ssociates$ had been /led on December 0?$ 0222# 5026

 'etitioners %emorandum$ pp# E+2< rollo rollo$$ pp# 1;1+1;7#

51?6

 ;7 'hil# ;7$ ;2$ %arch 7$ 0211#

5106

 Ruben F# )alane$ Family &ourts and Signi/cant !urisprudence in Family 8aw$ Journal 8aw$  Journal of t#e ;ntegrated 1ar of of t#e P#ilippines, 0st  1nd Puarters$ 1??0$ Vol# JJVII$ No# 0$ p# 1@# 5116

 ,RT# 0@# 8aws relating to family rights and duties$ or to the status$  ,RT# condition and legal capacity of persons are binding upon citizens of the 'hilippines$ e.en though li.ing abroad#

 ;"id#$ ;"id#$ p# 0;7#

5126  For a detailed discussion of =an 7orn, see Salonga$ Private ;nternational !a4$ 022@ ed# pp# 12@+7??# See also !ose !a4$ also !ose &# Vitug$ Compendium of Civil

!a4 and Jurisprudence$ Jurisprudence$ 0227 ed#$ p# 03< 57?6  S&# 02# Classes of documents.For documents.For the purpose of their presentation in e.idence$ documents are either public or pri.ate#

'ublic documents areB =a> The written o-cial acts$ or records of the o-cial acts of the so.ereign authority$ o-cial bodies and tribunals$ and public o-cers$ whether in the 'hilippines$ or of a foreign country country##         # 5706

 )urr 9# !ones$ Commentaries on t#e !a4 of 6vidence in Civil Cases, Vol# IV$ 0213 ed#$ p# 7@00< 7$ Rule 07? of the Rules on .idence pro.ides that when the sub*ect of in"uiry is the contents of a document$ no e.idence

shall be admissible other than the original document itself#

 

5716

 S&# 02# Classes of documents. For the purpose of their presentation in e.idence$ documents are either public or pri.ate#

5;?6

 !oa"uin )ernas$ 5#e +@AB Constitution of t#e Repu"lic of t#e P#ilippines*   Commentar0 Commentar0,, 0223 ed#$ p# @33#

'ublic documents areB

5;06

=a> The written o-cial acts$ or records of the o-cial acts of the so.ereign authority$ o-cial bodies and tribunals$ and public o-cers$ whether i n the 'hilippines$ or of a foreign country# country#

5;16

 Ricardo !# Francisco$ Francisco$ 6vidence* Rules of Court in t#e P#ilippines, second edition$ p# 7E1#  ;"id#$ ;"id#$ p# 7E;#

        #

5;76  $ildvalle0 S#ipping Co., !td. v. Court of ppeals, 4R No# 0023?1$ October 3$ 1???$ p# C#

5776

5;;6

 Sec# 1@# $#at attestation of cop0 must state. 9hene.er a copy of a document or record is attested for the purpose of e.idence$ the attestation must state$ in substance$ that the copy is a correct copy of the original$ or a speci/c part thereof$ as the case may be# The attestation must be under the o-cial seal of the attesting o-cer$ if there be any$ or if he be the cler: of a court ha.ing a seal$ under the seal of such court#

 Francisco$ p# 12$ citing 7e los ngeles v. Ca"a#ug, 0?3 'hil# E72$ December 12$ 02@2#

5;@6

 1C, CJS CJS$$ 0@+0C$ 0#

5;36

 ;"id. ;"id.$$ p# 300+307$ 030#

5;C6 57;6

 Sec# 1;# Proof of o>cial record. The  The record of public public documents referred referred to in paragraph =a> of Section 02$ when admissible for any purpose$ may be e.idenced by an o-cial publication thereof or by a copy attested by the o-cer ha.ing the legal custody of the record$ or by his deputy$ and accompanied$ if the record is not :ept in the 'hilippines$ with a certi/cate that such o-cer has the custody# If the o-ce in which the record is :ept is in a foreign country$ the certi/cate may be made by a secretary of the embassy or legation$ consul general$ consul$ .ice+consul$ or consular agent or by any o-cer in the foreign ser.ice of the 'hilippines stationed in the foreign country in which the record is :ept$ and authenticated by the seal of his o-ce# See also siavest also siavest !td. v. v. Court of ppeals, 123 S&R, @72$ @@?+@@0$ September 1@$ 022E< Paci8c sia 2verseas S#ipping Corp. v. ational !a"or Relations Commission, 030 S&R, 011$ 077+07;$ %ay 3$ 02EE# 57@6

 The transcript of stenographic notes states that the original copies of the di.orce decrees were presented in court =TSN$ December 03$ 022E$ p# @< records$ p# 0C3>$ but only photocopies of the same documents were attached to the records =Records$ Inde of hibits$ p# 0#>#

5736

 TSN$ December 0@$ 022E$ p# C< records$ p# 0CE#

57C6

 TSN$ December 03$ 022E$ p# C< records$ p# 0CE#

57E6  People v. Yatco, 2C 'hil# 2;0$ 2;@$ No.ember 1E$ 02@@< Marella v. Re0es, 01 'hil# 0$ 7$ No.ember 0?$ 02?E< People v. 7ia/, 1C0 S&R, @?;$ @03$ ,pril 0E$ 022C< 7e la 5orre v. Court of ppeals, 12; S&R, 023$ 1?7+

1?;$ ,ugust Maunlad Savings ? !oanpp# sso.,  ppeals, 4R 0;$ No# 022E< 00;2;1$ No.ember 1C$ 1???$ E+2# ;nc. v. Court of

 1C, CJS CJS$$ 31@$ 031#

5;E6

 Rollo Rollo$$ p# 73#

5;26  S&# ;E# 6ect of foreign 9udgments or 8nal orders. The  The eAect of a  *udgment or /nal order order of a tribunal of a foreig foreign n country$ ha.ing  *urisdiction to render the *udgment *udgment or /nal order order is as followsB

 =b> In case of a *udgment or /nal order against a person$ the *udgment or /nal order is presumpti.e e.idence of a right as between the parties and their successors in interest by a subse"uent title# In either case$ the *udgment or /nal order may be repelled by e.idence of a want of *urisdiction$ want of notice to the party$ collusion$ fraud$ or clear mista:e of law or fact# 5@?6

 In passing$ we note that the absence of the said certi/cate is merely an irregularity in complying with the formal re"uirement for procuring a marriage license# Gnder ,rticle ; of the Family &ode$ an irregularity will not aAect the .alidity of a marriage celebrated on the basis of a marriage license issued without that certi/cate# =Vitug$Compendium, =Vitug$ Compendium, pp#  pp# 01?+013< Sempio+Diy$ Hand"oo& on t#e Famil0 Code of t#e P#ilippines$ P#ilippines $ 022C reprint$ p# 0C< Rufus Rodriguez$ 5#e Famil0 Code of t#e P#ilippines nnotated, 022? ed#$ p# ;1< %elencio Sta# %aria !r#$ Persons and Famil0 Relations !a4, 0222 ed#$ p# 0;3#> 5@06

 Records$ pp# 0+7#  ;"id#$ ;"id#$ p# ;#

5@16

5726

 ,rt# 0@$ &i.il &ode#

5@76

 ;d#$ ;d#$ p# @#

5@;6

 ;d#$ ;d#$ p# 0E?#

 

5@@6

 ;d#$ ;d#$ pp# 0C?+0C0#

5@36

"E#OND DII"ION

5@C6

[.R. No. 128G2. Dc/r 22, 1998]

5@E6

7E D. !UITA, petitioner  !UITA, petitioner , vs. vs. #OURT O7 A''EA+" a$ B+ANDINA DANDAN, respondents respondents..

 ;d#$ ;d#$ pp# E;+E2#  ;d#$ ;d#$ pp# 0E0+0E1#  ;d#$ ;d#$ pp# ;?+;0#

5@26

 ;d#$ ;d#$ p# 0E7#  ;d#$ ;d#$ pp# 0E;+0EC#

53?6

DE#I"ION BE++O"I++O, J BE++O"I++O,  J .:

 

7E D. !UITA a$ Ar&ro T. 'aa$, o&h 7**5*$o), =r /arr* *$ &h 'h**55*$) o$ 18 Ma4 191. Th4 =r $o& ho=r )) =*&h ch*r$. "o/=hr ao$( &h =a4 &h*r ra&*o$)h*5 )or. E$&a4 7 ) Ar&ro %or *orc *$ "a$ 7ra$c*)co, #a*%or$*a, U.".A. "h )/*&& *$ &h *orc 5roc*$() a 5r*a& =r*&*$( a& 19 J4 19F0 *$c*$( &h*r a(r/$& &o * )5ara&4 %ro/ ach o&hr a$ a )&&/$& o% &h*r co$?(a 5ro5r&*). O$ 23 J4 19F )h o&a*$ a C$a ?(/$& o% *orc. Thr 3 =<) &h ra%&r )h /arr* a cr&a*$ 7*: T5a@ *$ &h )a/ oca*&4 & & h*r ra&*o$)h*5 a)o $ *$ a *orc. "&* *$ &h U.".A., )h /arr* %or &h &h*r &*/, &o a cr&a*$ r$*/o$&. O$ 1G A5r* 192 Ar&ro *. H %& $o =*. O$ 31 A()& 192 +*$o Ja*r I$c*o$( C a 5&*&*o$ =*&h &h R(*o$a Tr*a #or& o% !@o$ #*&4 %or *))a$c o% &&r) o% a/*$*)&ra&*o$ co$cr$*$( &h )&a& o% Ar&ro *$ %aor o% &h 'h**55*$ Tr)& #o/5a$4. R)5o$$& Ba$*$a Da$a$ a)o r%rr &o a) ")$ndin$ P$d)$n, P$d)$n, ca*/*$( &o  &h )r**$( )5o) o% Ar&ro 'aa$, a$ #aro, A:*), R*caro, E//a$, Z$a*a a$  6  6oa$a, oa$a, o% aAr&ro )r$a/ 'aa$, $a/ &h 5&*&*o$ a) )r**$( ch*r$ 'aa$, o55o) &h*$5&*&*o$ a$ 5ra4 %or &h a55o*$&/$& *$)&a o% A&&4. +o$aro #aa)a, =h*ch =a) r)o *$ %aor o% &h a&&r a&&r.. U5o$ /o&*o$ o% &h o55o)*&or) &h/)), A&&4. #aa)a =a) a&r r5ac 4 H*(*$o #a)&*o$. O$ 30 A5r* 193 &h o55o)*&or) Ba$*$a a$ &h 'aa$ ch*r$ )/*&& cr&*C 5ho&oco5*) o% &h 19 J4 19F0 5r*a& =r*&*$( a$ &h C$a ?(/$& o% *orc &=$ 5&*&*o$r a$ Ar&ro. +a&r R5r&o T. 'aa$, ca*/*$( &o  &h )o )r**$( ro&hr o% &h ca) Ar&ro, *$&r$. O$  Oc&or 198 5&*&*o$r /o %or &h  *//*a& cara&*o$ o% h*r) o% &h c$& a$ &h *)&r*&*o$ o% h*) )&a&. A& &h )ch har*$( o$ 23 Oc&or 198, 5r*a& r)5o$$& a) = a) &h )*: G 'aa$ ch*r$ a$ R5r&o %a* &o a55ar )5*&

 $o&*c. O$ &h ) a/ a4 a4,, &h &r*a cor& r*r &h )/*))*o$ o% &h rcor) o% *r&h o% &h 'aa$ ch*r$ =*&h*$

 

&$ 10 a4) %ro/ rc*5& &hro%, a%&r =h*ch, =*&h or =*&ho& &h oc/$&), &h *)) o$ &h cara&*o$ o% h*r) =o  co$)*r )/*&& %or r)o&*o$. Th 5r)cr* 5r*o a5) =*&ho& &h r*r oc/$&) *$( )/*&&. Th &r*a cor& *$o<*$( Ten!$ve v. Es!$o[1] =h*ch h &ha& Ka %or*($ *orc &=$ 7**5*$o c*&*@$) )o(h& a$ cr &h Lc&**&4 o% &h 5r)$& #o R5. Ac& 38G =a)a%&r $o& $&*& &o rco($*&*o$ a) a*#** *$ &h*)  ?r*)*c&*o$,K[2] *)r(ar &h *orc &=$ 5&*&*o$r a$ Ar&ro. #o$)$&4, *& :5r)) &h *= & ha& &h*r /arr*a( ))*)& $&* &h a&h o% Ar&ro *$ 192. N*&hr * *& co$)*r a* &h*r :&ra?*c*a )&&/$& o% co$?(a 5ro5r&*)  &o ac< o% ?*c*a a55roa. [3] O$ &h o&hr ha$, *& o5*$ &ha& &hr =a) $o )ho=*$( &ha& /arr*a( :*)& &=$ 5r*a& r)5o$$& a$ Ar&ro, /ch )) =a) *& )ho=$ &ha& &h a( 'aa$ ch*r$ ha $ ac<$o=( 4 &h ca) a) h*) ch*r$ =*&h hr. A) r(ar) R5r&o, *& %o$ &ha& h =a) a ro&hr o% Ar&ro. O$ 2 No/r 198[] o$4 5&*&*o$r a$ R5r&o =r car &h *$&)&a& h*r) o% Ar&ro. Accor*$(4, a a?*ca&*o$ o% &h $& hr*&ar4 )&a& =a) orr *$ %aor o% &h &=o *$&)&a& h*r). [F] O$ /o&*o$ %or rco$)*ra&*o$, Ba$*$a a$ &h 'aa$ ch*r$ =r ao= &o 5r)$& 5roo%) &ha& &h rco($*&*o$ o% &h ch*r$ 4 &h ca) a) h*) (*&*/a& ch*r$, :c5& A:*) =ho =a) rco($*@ a) h*) *(*&*/a& ch*, ha $ /a *$ &h*r r)5c&* rcor) o% *r&h.Th) o$ 1F 7rar4 1988[G] 5ar&*a rco$)*ra&*o$ =a) (ra$& car*$( &h 'aa$ ch*r$, =*&h &h :c5&*o$ o% A:*), $&*& &o o$-ha% o% &h )&a& &o &h :c)*o$ o% R5r&o 'aa$, a$ 5&*&*o$r &o &h o&hr ha%. []  'r*a& r)5o$$& =a) $o& car a$ h*r. A&ho(h *& =a) )&a& *$ &h a%or/$&*o$ rcor) o% *r&h &ha& )h a$ Ar&ro =r /arr* o$ 22 A5r* 19, &h*r /arr*a( =a) car4 o* )*$c *& =a) cra& r*$( &h :*)&$c o% h*) 5r*o) /arr*a( &o 5&*&*o$r. 5&*&*o$r. I$ &h*r a55a &o &h #or& o% A55a), Ba$*$a a$ hr ch*r$ a))*($ a) o$ o% &h rro r) a(4 co//*&& 4 &h &r*a cor& &h c*rc/)&a$c &ha& &h ca) =a) c* =*&ho& a har*$(, *$ *oa&*o$ o% "c. 1, R 90, o% &h R) o% #or&, =h*ch 5ro*) &ha& i( tere is $ !ontrovers* -e(ore te !o'rt $s to #o $re te )$#(') eirs o( te de!e$sed person or $s to te distri-'tive s$res to #i! e$! person is entit)ed 'nder te )$#, te !ontrovers* s$)) -e e$rd $nd de!ided $s in ordin$r* !$ses.

orr o% &h &r*a cor&, a$ *rc& &h r/a$ o% &h ca) &o &h &r*a cor& %or %r&hr 5roc*$(). [8] O$ 18 A5r* 199G *& $* rco$)*ra&*o$.[9] "ho &h*) ca)  r/a$ &o &h o=r cor& %or %r&hr 5roc*$() '&*&*o$r *$)*)&) &ha& &hr *) $o $ ca), Cr)&, $o (a or %ac&a *)) o&a*$) %or r)o&*o$ *&hr a) &o &h&h h*r)h*5 o% &h 'aa$ ch*r$ or a)a$, &o &h*r r)5c&* )har) *$ *$&)&a& )&a& o% &h c$& )co$, &h *)) a) &o =ho &=$ 5&*&*o$r a$ 5r*a& r)5o$$& *) &h 5ro5r h*r o% &h c$& *) o$ o% a= =h*ch ca$  r)o *$ &h 5r)$& 5&*&*o$ a) o$ )&a*)h %ac&) a$ a/*))*o$) o% &h 5ar&*).  ca$$o& ))&a*$ 5&*&*o$r. Th 5ro*)*o$ r* 5o$ 4 r)5o$$& cor& *) car I( tere is $ !ontrovers* -e(ore te !o'rt $s to #o $re te )$#(') eirs o( te de!e$sed person or $s to te distri-'tive s$res to #i! e$! person is entit)ed 'nder te )$#, te !ontrovers* s$)) -e e$rd $nd de!ided $s in ordin$r* !$ !$se se s.  a(r =*&h 5&*&*o$r &ha& $o *)5& :*)&) *&hr a) &o &h r*(h& o% &h )*: G 'aa$ ch*r$ &o *$hr*& %ro/ &h c$& ca) &hr ar 5roo%) &ha& &h4 ha $ 4 ac<$o=( 4 h*/ a$ 5&*&*o$r hr)% $ rco($*@) &h/ a) h*r) o% Ar&ro 'aa$[10] $or a) &o &h*r r)5c&* hr*&ar4 )har). B& co$&ror)4 r/a*$) a) &o =ho *) &h (*&*/a& )r**$( )5o) o% Ar&ro. Th &r*a cor&, a%&r &h 5ar&*) o&hr &ha$ 5&*&*o$r %a* &o a55ar r*$( &h )ch har*$( o$ 23 Oc&or 198 o% &h /o&*o$ %or *//*a& cara&*o$ o% h*r) a$ *)&r*&*o$ o% )&a&, )*/54 *)) a$ orr r*r*$( &h )/*))*o$ o% &h rcor) o% *r&h o% &h 'aa$ ch*r$ =*&h*$ &$ 10 a4) %ro/ rc*5& &hro%, a%&r =h*ch, =*&h or =*&ho& &h oc/$&), &h *)) o$ cara&*o$ o% h*r) =o  / )/*&& %or r)o&*o$.  $o& &ha& *$ hr co//$& &o 5&*&*o$r) /o&*o$ 5r*a& r)5o$$& ra*), a/o$( o&hr), &h *)) a) &o =h&hr 5&*&*o$r =a) )&* $&*& &o *$hr*& %ro/ &h c$& co$)*r*$( &ha& )h ha )cr a *orc *$ &h U.".A. a$ *$ %ac& ha &=*c r/arr*. "h a)o *$o< &h ao o&  To o &h*), 5&*&*o$r r5* &ha& Ar& ro =a) a 5rocra r.[11] T 7**5*$o a$ a) )ch r/a*$ (a4 /arr* &o hr *$ )5*& o% &h *orc &h4 o&a*$.[12] Ra*$( &=$ &h *$), &h */5*ca&*o$ *) &ha& 5&*&*o$r =a) $o o$(r a 7**5*$o c*&*@$ a& &h &*/ o% hr *orc %ro/ Ar&ro. Th*) )ho ha 5ro/5& &h

R)5o$$& a55a& cor& %o$ &h*) (ro$ ao$ )c*$& &o ))&a*$ &h a55a h$c, o$ 11 "5&/r 199F *& car $ a$ o* &h 2 No/r 198 c*)*o$ a$ 1F 7rar4 1988

&r*a cor& &o co$c& a har*$( &o )&a*)h hr c*&*@$)h*5. Th 5r5o) o% a har*$( *) &o a)cr&a*$ &h &r&h o% &h /a&&r) *$ *)) =*&h &h a* o% oc/$&ar4 a$ &)&*/o$*a *$c a)

= a) &h ar(/$&) o% &h 5ar&*) *&hr )55or&*$( or o55o)*$( &h *$c. I$)&a, &h o=r cor& 5r%$c&or*4 )&& hr ca*/ *$ hr %aor 4 /r4 a554*$( &h r*$( *$ Ten!$ve v. Es!$o.. Es!$o

ca*/ &o h*r)h*5 =a) ara4 r)o 4 &h &r*a cor&. "h a$ Ar&ro =r /arr* o$ 22 A5r* 19 =h* &h 5r*or /arr*a( o% 5&*&*o$r a$ Ar&ro =a) ))*)&*$( &hr4 r)&*$( *$ a *(a/o) /arr*a( co$)*r o* %ro/ &h (*$$*$( $r Ar&). 80 a$ 83 o% &h #** #o. #o$)$&4, )h *) $o& a )r**$( )5o) &ha& ca$ *$hr*& %ro/ h*/ a) &h*) )&a&) 5r)55o)) a (*&*/a& ra&*o$)h*5. [20]

 

Th$ *$ 5r*a& r)5o$$&) /o&*o$ &o )& a)* a$Por rco$)*r &h o=r cor&) c*)*o$ )h )&r)) &ha& &h c*&*@$)h*5 o% 5&*&*o$r =a) ra$& &ho-t$in *(h& o% &h r*$( *$ $n Dorn%$* v. -e  &ha& &ha& $)iens  $)iens *$ %$* divor!es $-ro$d, #i! Ro%i))o Jr.[13] re!ognied in te Pi)ippines, provided te* $re v$)id $!!ording to teir n$tion$) )$#. )$# . "h 5ra4 &hr%or &ha& &h ca)  )& %or har*$(.[1] '&*&*o$r o55o) &h /o&*o$ & %a* &o )ar4 ar)) &h *)) o$ hr c*&*@$)h*5. [1F] Th &r*a cor& * $o& (ra$& 5r*a& r)5o$$&) 5ra4r %or a har*$( & 5roc &o r)o hr /o&*o$ =*&h &h C$*$( &ha& o&h 5&*&*o$r a$ Ar&ro =r K7**5*$o c*&*@$) a$ =r /arr* *$ &h 'h**55*$).K [1G] I& /a*$&a*$ &ha& &h*r *orc o&a*$ *$ 19F *$ "a$ 7ra$c*)co, #a*%or$*a, U.".A., =a) $o& a* *$ 'h**55*$ ?r*)*c&*o$.  c &ha& &h C$*$( o$ &h*r c*&*@$)h*5 5r&a*$ )o4 &o &h &*/ o% &h*r /arr*a( a) &h &r*a cor& =a) $o& )55* =*&h a a)*) &o &r/*$ 5&*&*o$r) c*&*@$)h*5 a& &h &*/ o% &h*r *orc. Th o& 5r)*)& a) &o =h&hr )h =a) )&* a 7**5*$o c*&*@$ =h$ &h*r *orc =a) cr. Th &r*a cor& /)& ha oroo< &h /a&r*a*&4 o% &h*) a)5c&. O$c 5ro &ha& )h =a) $o o$(r a 7**5*$o c*&*@$ a& &h &*/ o% &h*r *orc, $n Dorn =o Dorn =o co/ a55*ca a$ 5&*&*o$r co r4 = o) hr r*(h& &o *$hr*& %ro/ Ar&ro. R)5o$$& a(a*$ ra*) *$ hr a55a &h *)) o$ 5&*&*o$r) c*&*@$)h*5[1] *& * $o& /r*& $*(h&$/$& ho=r %ro/ 5&*&*o$r. [18] I$ &h 5r)$& 5roc*$(, 5&*&*o$r) c*&*@$)h*5 *) ro(h& a$= &o &h %or 4 5r*a& r)5o$$&. "h $ %r$*)h) &h #or& =*&h &h &ra$)cr*5& o% )&$o(ra5h*c $o&) &a<$ o$ F Ma4 199F r*$( &h har*$( %or &h rco$)&*&&*o$ o% &h or*(*$a o% a cr&a*$ &ra$)%r cr&*Cca& &*& a) = a) &h *))a$c o% $= o=$r) 5*ca& co54 &hro% %or a$o&hr &r*a cor&. h$ a)< =h&hr )h =a) a$ A/r*ca$ c*&*@$ 5&*&*o$r a$)=r &ha& )h =a) )*$c 19F. [19] "*($*Cca$&4, &h cr o% *orc o% 5&*&*o$r a$ Ar&ro =a) o&a*$ *$ &h )a/ 4ar. '&*&*o$r ho=r * $o& o&hr &o C a r54 //ora$/ &o ra) &h $cr&a*$&4 ao& hr c*&*@$)h*5 a& &h &*/ o% &h*r *orc, a %ac&a *)) r*r*$( har*$() &o  co$c& 4 &h &r*a cor&. #o$)$&4, r)5o$$& a55a& cor& * $o& rr *$ orr*$( &h ca) r&r$ &o &h &r*a cor& %or %r&hr 5roc*$().

A) r(ar) &h /o&*o$ o% 5r*a& r)5o$$& %or 5&*&*o$r a$ hr co$) &o  car *$ co$&/5& o% cor& a$ &ha& &h 5r)$& 5&*&*o$  *)/*)) %or %or/ )ho55*$(, [21] &h )a/ ac<) /r*&. 7or %or/ )ho55*$( &o :*)& &h ac&*o$) /)& *$o &h )a/ &ra$)ac&*o$) a$ )a/ ))$&*a %ac&) a$ c*rc/)&a$c). Thr /)& a)o  *$&*ca ca)) o% ac&*o$, )?c& /a&&r a$ *)). [22] Th 5r)$& 5&*&*o$ a) =*&h cara&*o$ o% h*r)h*5 =h* &h ))$& 5&*&*o$) C %or &h &hr 3 &r*a cor&) co$cr$ &h *))a$c o% $= o=$r) 5*ca& co5*) o% &*&) o% cr&a*$ 5ro5r&*) o$(*$( &o &h )&a& o% Ar&ro. O*o)4, &hr *) $o ra)o$ &o car &h :*)&$c o% %or/ )ho55*$(. HERE7ORE, &h 5&*&*o$ *) DENIED. Th c*)*o$ o% r)5o$$& #or& o% A55a) orr*$( &h r/a$ o% &h ca) &o &h cor& o% or*(*$ %or %r&hr 5roc*$() a$ car*$( $ a$ o* *&) c*)*o$ ho*$( 5&*&*o$r 7 D. ! *&a a$ R5r&o T. 'aa$ a) *$&)&a& h*r) *)A77IRMED. Th orr o% &h a55a& cor& /o*%4*$( *&) 5r*o) c*)*o$ 4 (ra$&*$( o$-ha% 1P2 o% &h $& hr*&ar4 )&a& &o &h  'aa$ ch*r$, $a/4, #aro, R*caro, E//a$, Z$a*a a$ 6oa$a, =*&h &h :c5&*o$ o% A:*), a )r$a/ 'aa$, *$)&a o% Ar&ro) ro&hrR 5r&o 'aa$, *) *<=*) A77IRMED. Th #or& ho=r /5ha)*@) &ha& &h rc5&*o$ o% *$c 4 &h &r*a cor& )ho  */*& &o &h hr*&ar4 r*(h&) o% 5&*&*o$r a) &h )r**$( )5o) o% Ar&ro 'aa$. Th /o&*o$ &o car 5&*&*o$r a$ hr co$) *$ co$&/5& o% cor& a$ &o *)/*)) &h 5r)$& 5&*&*o$ %or %or/ )ho55*$( *) DENIED. "O ORDERED. P'no, Mendo$, a$ a$ M$rtine,  M$rtine, JJ., co$cr co$cr..

 /5ha)*@ ho=r &ha& &h )&*o$ &o  &r/*$ 4 &h &r*a cor& )ho  */*& o$4 &o &h r*(h& o% 5&*&*o$r &o *$hr*& %ro/ Ar&ro a) h*) )r**$( )5o). 'r*a& r)5o$$&)



[1]

[19]

[2]

[20]

 Th $a/ o% 5r*a& r)5o$$& Ba$*$a Da$a$ a55ar) a) Ba$*$a 'aa$ *$ &h 5roc*$() %or &h o=r cor&).

 

 No. +-19G1, 29 No/r 19GF, 1F "#RA 3FF.  Id ., ., 5. 3G.

[3]

 Th$ Ar&. 190 o% &h  #** #o 5ro* &ha& *$ &h a)$c o% a$ :5r)) cara&*o$ *$ &h /arr*a( )&&/$&, &h )5ara&*o$ o% 5ro5r&4 &=$ )5o)) r*$( &h /arr*a( )ha $o& &a< 5ac )a *$ *r& o% a ?*c*a orr. !*& *$ ra&*o$ &hr&o, &h$ Ar&. 191, 5ar.  o% &h )a/ #o 5ro* &ha& &h h)a$ a$ &h =*% /a4 a(r 5o$ &h *))o&*o$ o% &h co$?(a 5ar&$r)h*5 r*$( &h /arr*a(, )?c& &o ?*c*a a55roa.

[]

 Dc*)*o$ 5$$ 4 J( To/a) . Tao Jr. o% RT#-Br. 10F, !@o$ #*&4 A55$*: KAK o% Br*% %or & h O55o)*&or)-A55a$&) #A Ro))o Ro))o,, 5. 1F.

[F]

 Ar&*c 1001 o% &h #** #o 5ro*) &ha& ) ho ro&hr) a$ )*)&r) or &h*r ch*r$ )r* =*&h &h =*o= or =*o=r, &h a&&r )ha  $&*& &o o$-ha% o% &h *$hr*&a$c a$ &h ro&hr) a$ )*)&r) or &h*r ch*r$ &o &h o&hr ha%.

[G]

 A55$*: KBK o% Br*% %or &h O55o)*&or) -A55a$&) " No& .

[]

 Ar&*c 998 o% &h #** #o 5ro*) &ha& *% a =*o= or =*o=r )r*) =*&h *(*&*/a& ch*r$, )ch =*o= or =*o=r )ha  $&*& &o o$-ha% o% &h *$hr*&a$c, a$ &h *(*&*/a& ch*r$ or &h*r )c$a$&), =h&hr (*&*/a& or *(*&*/a&, &o &h o&hr ha%.

[8]  Dc*)*o$ 5$$ 4 J)&*c 'ac*&a #a*@ar)-N4 =*&h &h  co$crr$c o% J)&*c) Ro/o J. #a?o Jr. a$ D*ah *ao$Ma(&o*) Ro))o Ro))o,, 5. 39. [9]

 Id ., ., 5. 2.

[10]

 Id ., ., 5. 180.

[11]

 Ro))o Ro))o,, 5. 19G.

[12]

 #A Ro))o Ro))o,, 5. 29.

[13]

 . R. No. G80, 8 Oc&or 198F, 139 "#RA 139.

[1]

 #A Ro))o Ro))o,, 5. 30.

[1F]

 Rcor o$ A55a, 55. 2-2G.

[1G]

 Ro))o Ro))o,, 5. 20G.

[1]

 Br*% o% O55o)*&or)-A55a$&), 5. 13 #A Ro))o Ro))o,, 5. 1F.

 Ro))o Ro))o,, 55. 22F-22G.

 Ar&ro M. To$&*$o, #o//$&ar*) a$ Jr*)5r$c o$ &h #** #o o% &h 'h**55*$), 199 E., o. III, 5. 2G. [21]

 Ro))o Ro))o,, 55. 129-132.

[22]

 'ro%))*o$a R(a&*o$ #o//*))*o$ v . #or& o% A55a), . R.

No. 1181, 9 J4 1998.

[18]

 Br*% o% A55 Id ., ., 5. 1.