PFAM FUNERALS SURNAME CIVIL REGISTRY

Art. 305. The duty and the right to make arrangements for the funeral
of a relative shall be in accordance with the order established for
support, under Article 294. In case of descendants of the same degree,
or of brothers and sisters, the oldest shall be preferred. In case of
ascendants, the paternal shall have a better right.
DUTY and a RIGHT
The spouse;
The descendants in the nearest degree;
The ascendants in the nearest degree; and
The brothers and sisters (294a)

FUNERALS: THE CONCEPT
Governed by the law of the country where the body is buried
Funeral Expenses: money expended in procuring the interment, cremation, or
other disposition of a corpse, including suitable monument, perpetual care of
burial lot and entertainment of those participating in the wake. (Black’s Law
Dictionary, abridged fifth ed., p. 344)

In accordance with the social position
The higher the social standing, the more dignified
and expensive
EXCEPTION: Criminals given the death penalty
Every funeral shall be in keeping with the social
position of the deceased. [Art. 306]

Art. 308. No human remains shall be retained, interred, disposed of
or exhumed without the consent of the persons mentioned in
articles 294 and 305.
(Art. 294 is now Article 199 of the Family Code)
Disposition of the Remains
(a) Retaining
(b) Interring (bury)
(c) Disposing
(d) Exhuming (remove from the grave, dig)

PD 651
January 31, 1975
REQUIRING THE REGISTRATION OF BIRTHS AND DEATHS IN
THE PHILIPPINES WHICH OCCURED FROM JANUARY 1, 1974 AND
THEREAFTER

PRESIDENTIAL DECREE No. 856 December 23, 1975
CODE ON SANITATION
• Burial Grounds Requirements
• Disinterment Requirements
• Funeral and Embalming Establishments
• Licensing and Registration Procedures
• Autopsy and Dissection of Remains
• Donation of Human Organs for Medical, Surgical and Scientific purposes
• Use of Remains for Medical Studies and Scientific Research Unclaimed remains
• Special Precautions for Safe Handling of Cadavers Containing Radioactive Isotopes
• Responsibility of the Regional Director
• Responsibility of the Local Health Authority
• Responsibility of Local Government

DAMAGES & FUNERAL
EXPENSES:
Damages: Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall
be liable to the family of the deceased for damages, material and moral [Art. 309]
• Libel: may be committed on a person living or dead (Art 353, RPC)
Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one
who is dead.
Funeral Expenses: The construction of a tombstone or mausoleum shall be deemed a part of the
funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one
of the spouses [Art. 310]
How about the widow or widower?
Her own property because the property relations has long been dissolved or if no property go to
Art. 294.

GUIDELINES IN MAKING
FUNERAL ARRANGEMENTS
(1) The persons who are preferred in the right to make funeral arrangements may
waive the right expressly or impliedly in which case the right and duty immediately
descend to the person next in the order.
(2) It must be in keeping with the social position of the deceased.
(3) Law shall prevail over the will of the persons who have the right to control the
burial of deceased – exhumation, evidential purpose, disposition of corpse by
deceased, mutilation of corpses and autopsies.
(4) Corpses which are to be buried at public expenses may also be used for
scientific purposes under certain conditions.

GUIDELINES IN MAKING
FUNERAL ARRANGEMENTS
(5) Expressed wishes of the deceased is given priority provided that it is
not contrary to law and must not violate the legal and reglementary
provisions concerning funerals and disposition of the remains (time,
manner, place or ceremony)
(6) In the absence of expressed wishes, his religious beliefs or affiliation
shall determine the funeral rights.
(7) In case of doubt, the persons in Art. 199 shall decide. (8) Any person
who disrespects the dead or interferes with the funeral shall be liable for
material and moral damages.

Eugenio vs. Velez
G.R. No. 85140 May 17, 1990
DOCTRINE: Civil personality is extinguished by death. The
effect of death upon the rights and obligations of the deceased
is determined by law, by contract and by will.
If the deceased had no surviving spouse, children, or
ascendants, custody of the body fell onto her siblings because
Philippine law does not recognize common law marriages.

VALINO vs. ADRIANO G.R.
No. 182894, April 22, 2014
The law gives the right and duty to make
funeral arrangements to the family of the
deceased and not to whom the deceased
had been living with for the past years
before his death.

What is a name?
• Names are labels for one's identity (REPUBLIC OF THE
PHILIPPINES, vs. MICHELLE SORIANO GALLO, G.R. No. 207074,
January 17, 2018)
• A man’s name is simply the sound or sounds by which he is
commonly designated by his fellows and by which they
distinguish him but sometimes a man is known by several
different names and these are known as aliases. (URSUA vs.
COURT OF APPEALS, G.R. No. 112170, April 10, 1996)

What is a name?
• A man's name is the designation by which he is known and called in the community in
which he lives and is best known. It is defined as the word or combination of words by
which a person is distinguished from other individuals and, also, as the label or appellation
which he bears for the convenience of the world at large addressing him, or in speaking of
or dealing with him. The name of an individual has two parts: (1) the given or proper name
and (2) the surname or family name. The given or proper name is that which is given to the
individual at birth or at baptism, to distinguish him from other individuals. The surname or
family name is that which identifies the family to which he belongs and is continued from
parent to child. The given name may be freely selected by the parents for the child, but the
surname to which the child is entitled is fixed by law. (In re: adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31, 2005)

What is a name?
• A name is said to have the following characteristics: (1) It is absolute, intended to protect the
individual from being confused with others. (2) It is obligatory in certain respects, for
nobody can be without a name. (3) It is fixed, unchangeable, or immutable, at least at the
start, and may be changed only for good cause and by judicial proceedings. (4) It is outside
the commerce of man, and, therefore, inalienable and intransmissible by act inter vivos or
mortis causa. (5) It is imprescriptible. (In re Julian Lim Wang, GR.No.159966, March 30,
2005)
• This citation does not make any reference to middle names, but this does not mean that
middle names have no practical or legal significance. Middle names serve to identify the
maternal lineage or filiation of a person as well as further distinguish him from others who
may have the same given name and surname as he has. (In re Julian Lim Wang)

(1) Legitimate and legitimated children shall principally use the surname of the father. [Art. 364]
(2) An adopted child shall bear the surname of the adopter. [Art. 365]
(3) A natural child acknowledged by both parents shall principally use the surname of the father. If
recognized by only one of the parents, a natural child shall employ the surname of the recognizing
parent. [Art 366]
(4) Natural children by legal fiction shall principally employ the surname of the father [Art. 367]
(5) Illegitimate children referred to in Article 287 shall bear the surname of the mother. [Art 368]
Amended by: RA 9255 AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE
SURNAME OF THEIR FATHER
(6) Children conceived before the decree annulling a voidable marriage shall principally use the
surname of the father. [Art. 369]
SURNAMES
ARTS. 364-380

(1) A married woman may use [Art. 370]:
1. Her maiden first name and surname and add her husband's surname, or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."
[Tolentino:]
The wife cannot claim an exclusive right to use the husband’s surname. She can’t be prevented from
using it; but neither can she restrain others from using it.
WIFE’S SURNAME AFTER AND DURING
MARRIAGE

(2) In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she may resume her maiden name and surname.
However, she may choose to continue employing her former husband's surname, unless [Art. 371]:
(a) The court decrees otherwise, or
(b) She or the former husband is married again to another person.
(3) When legal separation has been granted, the wife shall continue using her name and surname
employed before the legal separation. [Art. 372]
(4) A widow may use the deceased husband's surname as though he were still living, in accordance with
Article 370. [Art 373]
WIFE’S SURNAME AFTER AND DURING
MARRIAGE

In case of identity of names and surnames, the younger person shall be obliged to use such
additional name or surname as will avoid confusion. [Art. 374]
In case of identity of names and surnames between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and other direct male descendants shall
either [Art. 375]:
(a) Add a middle name or the mother's surname, or
(b) Add the Roman Numerals II, III, and so on.
No person can change his name or surname without judicial authority. [Art. 376]
Usurpation of a name and surname may be the subject of an action for damages and other
relief. [Art. 377]
CONFUSION AND CHANGE OF NAMES

TERMS:
Civil Register –comprises all the books wherein all events, acts, and judicial
decrees concerning the civil status of persons should be recorded.
(Office of the) Civil Registry – This is the office who is responsible for
recording all events, acts, and judicial decrees concerning the civil status of
persons.
Civil Registrar – the person who heads the office (local civil registrar and the
Civil Registrar General) (Usec. Dennis S. Mapa)

Art. 407. Acts, events and judicial decrees
concerning the civil status of persons
shall be recorded in the civil register.
WHAT SHOULD BE RECORDED IN THE
CIVIL REGISTER

(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from
the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
The following shall be entered in the civil
register (Art. 408)
(11) loss, or
(12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name.

DUTY OF THE CLERK OF COURT
Art. 409. In cases of legal separation, adoption, naturalization
and other judicial orders mentioned in the preceding article, it
shall be the duty of the clerk of the court which issued the decree
to ascertain whether the same has been registered, and if this has
not been done, to send a copy of said decree to the civil registry
of the city or municipality where the court is functioning.

CONCLUSIVENESS OF RECORDS IN
THE CIVIL REGISTER
Art. 410. The books making up the civil register and all
documents relating thereto shall be considered public documents
and shall be prima facie evidence of the facts therein contained.

RESPONSIBILITY OF THE CIVIL REGISTER IN
CASE OF UNAUTHROZED ALTERATION
Art. 411. Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any person
suffering damage thereby. However, the civil registrar may exempt
himself from such liability if he proves that he has taken every
reasonable precaution to prevent the unlawful alteration..

JUDICIAL ORDER IN CHANGE OR CORRECTION
OF ENTRIES
Art. 412. No entry in a civil register shall be changed or
corrected, without a judicial order.
Amened by RA 9048 and RA 10172
Art. 413. All other matters pertaining to the registration of civil
status shall be governed by special laws.

CHANGE OF FIRST NAME, DATE & MONTH OF
BIRTH, SEX
RA 9048 AS AMENDED BY RA 10172 AN ACT AUTHORIZING
THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A CLERICAL OR
TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE
OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR
THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE
OF THE PHILIPPINES

BIRTH, SEX
General rule: No entry in a civil register shall be changed or corrected without a
judicial order
Exception:
(a) Clerical or typographical errors;
(b) Change of: first name or nickname, day and month in the date of birth, or sex
of a person This exception applies where it is patently clear that there was a clerical
or typographical error or mistake in the entry, which can be corrected or changed
by the concerned city or municipal civil registrar or consul general in accordance
with the provisions of this Act and its implementing rules and regulations (RA
10172)

BIRTH, SEX
Notes:
(a) Clerical or typographical error refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous (i.e.
misspelled name, misspelled place of birth, mistake in the entry of day
and month in the date of birth or the sex of the person or the like,
which is visible to the eyes or obvious to the understanding, and can
be corrected or changed only by reference to other existing record or
records)

BIRTH, SEX
(b) Before the amendment by RA 10172, no correction must involve
the change of sex, nationality, age or status of the petitioner. After the
amendment, change of sex can now be subjected to correction
without judicial order under the rules of this Act.
(c) Civil Register refers to the various registry books and related
certificates and documents kept in the archives of the local civil
registry offices, Philippine Consulates and of the Office of the Civil
Registrar General.

BIRTH, SEX
Who may file the petition and where?
(1) Any person having direct personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or nickname in the civil register
(2) Verified petition with the local civil registry office of the city or municipality
(a) where the record being sought to be corrected or changed is kept
(b) where the interested party is presently residing or domiciled, if it will be impractical to
submit in the place where record is kept (i.e. when party has migrated to another place in
the country
(c) nearest Philippine Consulates, if the petitioner is presently residing or domiciled in
foreign countries

BIRTH, SEX
Note: All petitions for the clerical or
typographical errors and/or change of
first names or nicknames may be availed
of only once.

BIRTH, SEX
Section 4. Grounds for Change of First Name or Nickname. –
The petition for change of first name or nickname may be allowed in any of the
following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that by that first name or nickname in the
community: or
(3) The change will avoid confusion.

BIRTH, SEX
Sec. 5. Form and Contents of the Petition. –
The petition for correction of a clerical or typographical error, or for change
of first name or nickname, as the case may be, shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by the law
to administer oaths. The affidavit shall set forth facts necessary to establish
the merits of the petition and shall show affirmatively that the petitioner is
competent to testify to the matters stated. The petitioner shall state the
particular erroneous entry or entries, which are sought to be corrected
and/or the change sought to be made.

BIRTH, SEX
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be corrected or
changed.
(2) At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary for the
approval of the petition.

BIRTH, SEX
No petition for correction of erroneous entry concerning the date of birth
or the sex of a person shall be entertained except if the petition is
accompanied by earliest school record or earliest school documents such as,
but not limited to, medical records, baptismal certificate and other
documents issued by religious authorities; nor shall any entry involving
change of gender corrected except if the petition is accompanied by a
certification issued by an accredited government physician attesting to the
fact that the petitioner has not undergone sex change or sex transplant.

BIRTH, SEX
The petition for change of first name or nickname, or for correction of
erroneous entry concerning the day and month in the date of birth or the
sex of a person, as the case may be, shall be published at least once a
week for two (2) consecutive weeks in a newspaper of general
circulation. Furthermore, the petitioner shall submit a certification from
the appropriate law enforcements, agencies that he has no pending
case or no criminal record. The petition and its supporting papers shall be
filed in three (3) copies to be distributed as follows: first copy to the
concerned city or municipal civil registrar, or the consul general; second
copy to the Office of the Civil Registrar General; and third copy to the
petitioner.

RULE 108
Cancellation Or Correction Of Entries In The Civil Registry
Section 1. Who may file petition. — Any person interested in any act, event,
order or decree concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for the cancellation
or correction of any entry relating thereto, with the Court of First Instance
of the province where the corresponding civil registry is located.

RULE 108
Section 2. Entries subject to cancellation or correction. — Upon good and
valid grounds, the following entries in the civil register may be cancelled or
corrected: (a) births: (b) marriage; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f) judgments declaring marriages
void from the beginning; (g) legitimations; (h) adoptions; (i)
acknowledgments of natural children; (j) naturalization; (k) election, loss or
recovery of citizenship; (l) civil interdiction; (m) judicial determination of
filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

RULE 108
Section 3. Parties. — When cancellation or correction of an entry in the civil
register is sought, the civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made parties to the
proceeding.

RULE 108
Section 4. Notice and publication. — Upon the filing of the petition, the
court shall, by an order, fix the time and place for the hearing of the same,
and cause reasonable notice thereof to be given to the persons named in the
petition. The court shall also cause the order to be published once a week
for three (3) consecutive weeks in a newspaper of general circulation in the
province.

RULE 108
Section 5. Opposition. — The civil registrar and any person having or
claiming any interest under the entry whose cancellation or correction is
sought may, within fifteen (15) days from notice of the petition, or from the
last date of publication of such notice, file his opposition thereto.

RULE 108
Section 6. Expediting proceedings. — The court in which the proceeding is
brought may make orders expediting the proceedings, and may also grant
preliminary injunction for the preservation of the rights of the parties
pending such proceedings.

RULE 108
Section 7. Order. — After hearing, the court may either dismiss the petition
or issue an order granting the cancellation or correction prayed for. In either
case, a certified copy of the judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.

YASIN vs. JUDGE SHARI’A DISTRICT COURT, G.R.
No. 94986, February 23, 1995
Is there a need to file a case when a married
woman wants to resume to her maiden name?

REMO vs. SECRETARY OF FOREIGN AFFAIRS, G.R.
No. 169202, March 5, 2010
Can a married woman revert to her maiden name
in her application for passport if she desires?

IN RE JULIAN LIN WANG, GR.No.159966, March 30,
2005
Can a dropping of the middle name for
convenience be allowed in a petition for change of
name?
Who can file for a petition for a change of name?

IN THE MATTER OF THE PETITION FOR CHANGE OF
NAME OF MARIA ESTRELLA VERONICA PRIMITIVA
DUTERTE, ESTRELLA S. ALFON, G.R. No. L-51201, May 29,
1980
Can a person be allowed to change her surname
other than that of her legitimate father on the
account that she had been using other name ever
since?

URSUA vs. COURT OF APPEALS, G.R. No. 112170,
April 10, 1996
Whether or not the use of alias in isolated
transaction falls within the prohibition of
Commonwealth Act No. 142.

PEOPLE vs. ESTRADA, G.R. No. 164368, April 2, 2009
Can a person be held liable of using an alias if the
same is secretly used?

REPUBLIC vs. COSETENG-MAGPAYO, G.R. No.
189476, February 2, 2012
If the change being sought will affect the legal
status of the child relation to his parents, that
which seeks to change his legitimacy to that of
illegitimacy, the proper remedy is under Rule 108
of the Rules of Court

LEE vs. COURT OF APPEALS, G.R. No. 118387,
October 11, 2001
If the prayer is not to declare the illegitimacy of
children but to establish that the former are not
the latter's children, there is nothing to impugn as
there is no blood relation at all.

SILVERIO vs. REPUBLIC, G.R. No. 174689 October 22,
2007
Sex re-assignment is not a valid ground for a
change of gender.

REPUBLIC OF THEPHILIPPINES vs. JENNIFER
CAGANDAHAN G.R. No. 166676, September 12, 2008
Where a person is biologically or naturally intersex,
the determining factor in his gender classification
would be what the individual, having reached the
age of maturity, with good reason thinks of
his/her sex.

MA. CRISTINA TORRES BRAZA vs. THE CITY CIVIL
REGISTRAR OF HIMAMAYLAN CITY, NEGROS
OCCIDENTAL, G.R. No. 181174, December 4, 2009
Correction of the entries with respect to one’s
legitimation, the name of the father and the latters
acknowledgment is not covered by Rule 108 rather
than by an ordinary action for impugning the
legitimacy of the child.

Republic vs Court of Appeals 209 SCRA 189, G.R. No.
97906, May 21, 1992
The change of name is justifiable on the ground
that it cause embarrassment and ridicule also if the
purpose of which is the desire to improve one’s
social and business life.

REPUBLIC OF THE PHILIPPINES, vs. MICHELLE
SORIANO GALLO, G.R. No. 207074, January 17, 2018
A correction falls under mere clerical error if it
does not affect petitioner’s civil status, citizenship
or nationality.

RAMON CORPUS TAN, vs. OFFICE OF THE LOCAL CIVIL
REGISTRAR OF THE CITY OF MANILA, et., al No. 211435,
April 10, 2019
Who should be impleaded with respect to petitions
under Rule 108?
What kind of evidence are needed in Rule 108?

REPUBLIC OF THE PHILIPPINES, vs. THE HONORABLE
JUDGE OF BRANCH III OF THE COURT OF FIRST
INSTANCE OF CEBU and ANDREW BARRETTO, G.R. No.
L-35605 October 11, 1984
The true name of the petitioner is the one
registered in the LCR and this must be the one to
be indicated in the title of the petition for
correction of entry.

IN THE MATTER OF THE CHANGE OF NAME OF YAP
EK SIU, vs. REPUBLIC OF THE PHILIPPINES, G.R. No. L-
25437, April 28, 1969
If the change of name will give rise to confusion
instead, then it should not be granted.

IN THE MATTER OF THE PETITION FOR CORRECTION OF ENTRY (CHANGE OF
FAMILY NAME IN THE BIRTH CERTIFICATE OF FELIPE C. ALMOJUELA AS
APPEARING IN THE RECORDS OF THE NATIONAL STATISTICS OFFICE), FELIPE
C. ALMOJUELA, G.R. No. 211724, August 24. 2016
The failure to implead the civil registrar as an indispensable party
and to give notice by publication of the petition for correction of
entry was to render the proceeding of the trial court, so far as the
correction of entry was concerned, null and void for lack of
jurisdiction both as to party and as to the subject matter.

REPUBLIC OF THE PHILIPPINES, vs. HON. PIO R.
MARCOS, Judge of the Court of First Instance of Baguio and
Benguet and PANG CHA QUEN representing the minor, MAY
SIA alias MANMAN HUANG, G.R. No. L-31065 February 15,
1990
The person concerned is the only one who can
cause the change of his/her name. For minors,
he/she may have to wait until he/she reached the
age of majority before filing the petition for
change of name

REPUBLIC OF THE PHILIPPINES, vs. ROSELIE ELOISA
BRINGAS BOLANTE a.k.a. MARIA ELOISA BRINGAS
BOLANTE, G.R. No. 160597, July 20, 2006
Changing her registered name in order to avoid
confusion because she had used a different name
all her life is a valid ground especially so if the
purpose is to set her records straight.

In Republic v. Sali, G.R. No. 206023, April 3, 2017
The petition for change of first name may be allowed, among other
grounds, if the new first name has been habitually and continuously used by
the petitioner and he or she has been publicly known by that first name in
the community. The local city or municipal civil registrar or consul general
has the primary jurisdiction to entertain the petition. It is only when such
petition is denied that a petitioner may either appeal to the civil registrar
general or file the appropriate petition with the proper court

ANACLETO BALLAHO ALANIS HI, V. CA et., al, G.R.
No. 216425, November 11, 2020
May a legitimate child use the surname of
his/her mother and not that of his
father?

2019 Question (A.3) Change of surname
Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their marriage, Mr. Reyes
cohabited with another woman, Ms. Cruz. Out of Mr. Reyes and Ms. Cruz's illicit relationship, a child
named C was born. In C's birth certificate, "Cruz" appears as the child's surname, although Mr. Reyes
expressly acknowledged C as his child.
In 2018, Mr. Reyes and Ms. Cruz ended their relationship. Mr. Reyes thereafter lodged a petition in
court for parental custody and change or correction of C's surname in the child's birth certificate
from "Cruz" to "Reyes." At that time, C was only ten (10) years old.
(b) Can Mr. Reyes validly compel the change or correction of C's surname from "Cruz" to "Reyes"?
Explain. (2.5%)

Change of Name; Under RA 9048 (2006)
Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar
of Mandaluyong City under the administrative proceeding provided in Republic Act No. 9048. He
alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. After
complying with the requirements of the law, the Civil Registrar granted his petition and changed his
first name Zirxthoussous to "Jesus." His full name now reads "Jesus delos Santos."
Jesus delos Santos moved to General Santos City to work in a multi-national company. There, he fell
in love and married Mary Grace delos Santos. She requested him to have his first name changed
because his new name "Jesus delos Santos" is the same name as that of her father who abandoned her
family and became a notorious drug lord. She wanted to forget him. Hence, Jesus filed another
petition with the Office of the Local Civil Registrar to change his first name to "Roberto." He claimed
that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father.
Will the petition for change of name of Jesus delos Santos to Roberto delos Santos under Republic
Act No. 9048 prosper? Explain. (10%)

Change of Name; Under RA 9048 (2006)
What entries in the Civil Registry may be changed or
corrected without a judicial order? (2.5%)

Adoption; Illegitimate Child; Use of Mother’s Surname as
Middle Name (2012) No.IV.b)
Honorato filed a petition to adopt his minor illegitimate child Stephanie, alleging that
Stephanie’s mother is Gemma Astorga Garcia; that Stephanie has been using her mother’s
middle name and surname; and that he is now a widower and qualified to be her adopting
parent. He prayed that Stephanie’s middle name be changed from "Astorga" to "Garcia,"
which is her mother’s surname and that her surname "Garcia" be changed to "Catindig,"
which is his surname. This the trial court denied. Was the trial court correct in denying
Hororato’s request for Stephanie’s use of her mother’s surname as her middle name?
Explain. (5%)

Paternity & Filiation; Use of Surname; Illegitimate Child
(2009) No.XIV
Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old
girl, and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital
and other medical expenses in delivering the child by caesarean section; moral, claiming that
Rodolfo promised to marry her, representing that he was single when, in fact, he was not;
and exemplary, to teach a lesson to like-minded Lotharios.
(B). Suppose Rodolfo later on acknowledges Rona and gives her regular support, can he
compel her to use his surname? Why or why not? (2%)

2018 Bar Exam III(a)
Silverio was a woman trapped in a man's body. He was born male and his birth certificate indicated his
gender as male, and his name as Silverio Stalon. When he reached the age of 21, he had a sex
reassignment surgery in Bangkok, and, from then on, he lived as a female. On the basis of his sex
reassignment, he filed an action to have his first name changed to Shelley, and his gender, to female. While
he was following up his case with the Regional Trial Court of Manila, he met Sharon Stan, who also filed
a similar action to change her first name to Shariff, and her gender, from female to male. Sharon was
registered as a female upon birth. While growing up, she developed male characteristics and was
diagnosed to have congenital adrenal hyperplasia ("CAH") which is a condition where a person possesses
both male and female characteristics. At puberty, tests revealed that her ovarian structures had greatly
minimized, and she had no breast or menstrual development. Alleging that for all intents and appearances,
as well as mind and emotion, she had become a male, she prayed that her birth certificate be corrected
such that her gender should be changed from female to male, and that her first name should be changed
from Sharon to Shariff. Silverio and Sharon fell in love and decided to marry. Realizing that their marriage
will be frowned upon in the Philippines, they travelled to Las Vegas, USA where they got married based
on the law of the place of celebration of the marriage. They, however, kept their Philippine citizenship.

(a) Is there any legal bases for the court to
approve Silverio's petition for correction of
entries in his birth certificate?
(b) Will your answer be the same in the case
of Sharon's petition?

PFAM FUNERALS SURNAME CIVIL REGISTRY

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