Persons & Family Relations GSIS vs.

COA Facts: Congress enacted CA186 creating GSIS, whereas it was provided that all officers and enlisted men of regular force of Philippine Army shall be included as compulsory members of the GSIS Pres. Aquino issued EO 79 stating that officers who has rendered 10yrs of continued service shall not be reverted to inactive status Nov. 16, 1987 : Brig. General Arturo T. Asuncion died in a helicopter crash. GSIS Resolution #566 - GSIS board of trustees approved the compulsory insurance coverage of Reserve Officers of the AFP falling under the provisions of E.O.#79 Auditor Mariano Gaborne disallowed in auditing the payment of the claim due to the belief that the deceased was not a member of the GSIS. Appeal was elevated to the COA en banc, it denied the claim and support the local auditors decision Issue: W/N the E.O. #79 has taken effect the period that Brig. Gen. Asuncion died Held: Yes. The E.O. #79 was issued by the President on Dec. 2, 1986 and was published in the Official Gazette on Dec. 22, 1986. E.O. #79 then has take effect on the 7th of January, 1987. During that time, the deceased was a reserve officer who had rendered a total of ten (10)yrs of continuous active duty service commission in the AFP, thus he was compulsorily covered as a member of the GSIS on the date he died; thus giving right to his heirs to receive the payment of the his death benefits. PVBU vs. Vega Facts: Congress enacted RA 7169 which provides for the rehabilitation of PVB and signed into law by Pres. Aquino on Jan. 2, 1992, it was published in OG on Feb. 24, 1992 Monetary Board issued a circular approving the rehabilitation of PVB Inspite of the enactment of RA 7169 and issuance of the circular, respondent judge continued the liquidation proceeding Issue: When did RA 7169 took its effectivity? Held: The law became legally effective on February 24, 1992, the date when it was published in OG While it is a rule that laws shall take effect 15days following the completion of their publication in the OG or in newspaper of gc, the legislature has the authority to provide for exception as indicated in the clause unless it is otherwise provided. Sec.10 of RA 7169 provides that the said law shall take effect upon approval. It was approved by the president on Jan.2 and was published in the OG on Feb 24, 1992. The law took effect on Feb 24 De Roy vs. CA Facts: Respondent court denied the motion for reconsideration filed by petitioner, applying the Habaluyas rule that the 15-day period for appealing or for filing for motion for reconsideration cannot be extended Petitioner contended that Habaluyas rule, stating that the same should not be made to apply to

the case because of the non publication of the Habaluyas case decision in the OG as of the time the CA decision was promulgated Issue: W/N Habaluyas rule is not binding and have no force and effect due to lack of its publication in the OG?W/N respondent court erred/ exercised grave abuse of discretion in applying Habaluyas rule in this case? Held: Habaluyas rule is binding and effective. There is no law requiring the publication of SC decisions in the OG before they can be binding, it is in fact the duty of the lawyer to keep abreast of SC decisions. CA did not err/exercise grave abuse of discretion in applying the Habaluyas rule Phil. Association of Service Exporters Inc. vs. Torres Facts: DOLE issued D.O. 16 temporarily suspending the recruitment by private recruitment and employment agencies of Filipino DH to Hongkong and transferring to POEA the task of processing and deploying such workers Pursuant to this, POEA issued MC 30 and 37 which provides for the guidelines on the deployment and recruitment of DH workers to Hongkong Petitioners filed a petition for prohibition to annul the circular issued by DOLE and POEA on the ground that they were not published in the OG Issue: W/N DOLE DO 16, POEA MC 30 & 37 are ineffective due to lack of their publication in the Official Gazette? Held: The circulars are invalid, defective and unenforceable for lack of proper publication as required by Art. 2 of NCC. As an established principle, Admin rules and regulations must also be published if their purpose is to enforce or implement existing law, pursuant to a valid delegation. Philippine International Trading Corp. vs. Angeles Facts: PITC is a gov't owned and controlled corp duly organized to regulate trading between RP and SOCPEC countries including PROC (pursuant to PD1071, LOI 444 & EO 133) PITC issued an AO which requires that application for importation from PROC must be accompanied by a viable and confirmed export program, such AO was not publish in OG Petitioner withheld the applications of private respondents for some requirements were not complied with PR filed for prohibition and mandamus with TRO and PI against P. Private respondent judge granted the petition and ordered the P to approved PR applications Pursuant to the trade balancing measures issued by Ramos, PITC amended the AO and published the same in the National Administrative Register Issue: W/N the admin order issued by PITC were ineffective due to lack of publication in the OG? Held: Until PITC's AO is published it is ineffective within the context of Art. 2 of NCC and the facts that amendments to it were publish in the National Administrative Register does not cure the defect related to its ineffectivity. Admin rules and regulations must also be published if their purpose is to enforce or implement existing law, pursuant to a valid delegation.

De Jesus vs. COA Facts: Petitioners were receiving honoraria as designated officials of LWUA, prior to the effectivity of the Republic Act No. 6758 which provides for the consolidation of allowances and additional compensation into standardized salary rates except for certain additional compensations. DBM issued DBM CC No. 10, discontinuing without qualification all allowances and fringe benefits granted on top of basic salary effective November 1, 1989 in order to implement R.A. 6758,. Respondent Leonardo Jamoralin, as corporate auditor, disallowed on post audit, the payment of honoraria to petitioners. Petitioners appealed to the COA questioning the validity and enforceability of DBM CCC No. 10. the validity and effectivity of the cicular was upheld on the COA decision dated January 29, 1993. Issue: Whether or not DBM-CCC No. 10 is legally effective despite its lack of publication in the Official Gazette Held: The DBM CCC No. 1 is more than a mere interpretative or internal regulation as it tends to deprive government workers of their allowances and additional compensation sorely needed to keep body and soul together. The Supreme Court ruled that the DBM CCC No. 1 is ineffective due to its non publication in the Official Gazette or in a newspaper of general circulation in the country and that the other issue at bar is unnecessary. The respondents are ordered to pass on audit the honoraria of petitioners. Alonzo vs. IAC Facts Five brothers and sisters inherited in equal a pro indiviso shares a parcel of land registered in the name of their deceased parents In 1963, Celestino Padua sold his undivided share to the petitioners for the sum of P550 In 1964, Eustaquia Padua sold her share to the petitioners for the sum of P440 Tecla Padua filed a complaint invoking her right of redemption to the said property Trial court dismissed the case on the ground that the right had lapsed not having been exercised within thirty days from notice of the sales in 1963 and 1964. Although there was no written notice the co heirs have actual knowledge of the sales The respondent court reversed the decision and declared that actual notice would not suffice as substitute citing the cases of De Conejero and Butte, both cases conformed to a similar requirement under Art. 1623 of NCC which provides that the notice must be in writing Issue W/N the SC should the case based on the strict letter of the law or to the spirit or intent of the lawmakers in enacting the said law? Ruling SC deviated from the strict letter of the law . They emphasized that themselves did not abandoned the DE Conejero and Buttle doctrines they merely adopted an exception to the general rule. The right of redemption was invoked not days but years after the sales were made. Sc declared that by requiring written proof of such notice they will be favoring the palpable

false claim of ignorance of the petitioners, thus exalting the letter of the law over its purpose. Emeterio Cui vs. Arellano Facts:

Plaintiff took up his preparatory law course in the defendant University. He also enrolled in the College of Law of the said University up to first semester of his fourth year. Until he enrolled for the last semester of his fourth year in the college of law of the Abad Santos University, where his uncle, Francisco R. Capistrano worked as college dean. He graduated in the said university While studying in the defendant university, plaintiff was awarded scholarship grants. The sum of the scholarship grant awarded to him is P1, 033.87. Defendant university refused to issue his TOR until he paid back the P1,033.87 refunded to him before. Defendant alleged that plaintiff signed a waiver of his right to transfer to another school without having refunded to the defendant the equivalent of his scholarship cash. Issue: W/N the waiver entered into by the plaintiff was valid? Ruling: The waiver was invalid for it is contrary to public policy because scholarships are awarded to help gifted students in whom society has an established interest or a first lien, and not to keep outstanding students in school to bolster its prestige and increase its business potential. People vs. Jabinal Facts Respondent appealed from the judgment of the MTC Batangas finding him guilty of the crime of Illegal Possession of Firearm and Ammunition he contested the validity of his conviction based on a retroactive application of the ruling in People v. Mapa. Respondent was appointed as Secret Agent from the Provincial Governor of Batangas and an appointment as Confidential Agent from the PC Provincial Commander, and the said appointments expressly carried with them the authority to possess and carry the firearm in question. Respondent alleged that at the time of his appointments the prevailing doctrines are Macarandang and Lucero doctrine. In Macarandang it was held that"peace officers" are exempted from the requirements relating to the issuance of license to possess firearms. While Lucero doctrine provides that the granting of the temporary use of the firearm to the accused was a necessary means to carry out the lawful purpose of the battalion commander and must be deemed incident to or necessarily included in the duty and power of said military commander to effect the capture of a Huk leader. Respondent and OSG alleged that the decision held in Mapa Case is of no applicability in this case Issue W/N the appellant should be acquitted on the basis of Our rulings in Macarandang and Lucero, or should his conviction stand in view of the complete reversal of the Macarandang and Lucero

doctrine in Mapa case? Ruling The SC held that the decision in People v. Mapa reversing the Macarandang and Lucero doctrines came only in 1967, it has no proper application in this case. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system in the Philippines. The doctrine laid down in Lucero and Macarandang was part of the jurisprudence, hence, of the law, of the land, at the time appellant was found by possession of the firearm in question and when he was arraigned by the trial court. It is true that the doctrine was overruled in the Mapa case in 1967, but when a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof. Petitioner incurred no criminal liability at the time of the commission of the crime since the prevailing doctrine then were the doctrines of Macarandang and Lucero Unciano vs. Court of Appeals Facts: Private respondents were not permitted to enroll for the next semester. Petitioner alleged that they have violated the rules and regulations of the school. Private respondents thru their mothers filed a petition for injunction and damages with prayer for a writ of preliminary mandatory injunction against petitioners. RTC grants the petition for issuance of a preliminary mandatory injunction, ordering the respondents to allow petitioners to enroll for the first semester of school year 1990-1991, upon filing by petitioners of a bond in the amount of P2,000.00 each. RTC declared that the injuries mentioned by petitioners are mere speculations while an irreparable injury will be incurred by the private respondents if they are not allowed to enroll. Petitioners elevated the case to the Court of Appeals in a petition for certiorari and prohibition with preliminary injunction, the same was dismissed for lack of merit. CA based its decision in the case of Ariel Non, et al. vs. Hon. Sancho Dames which abandoned the termination of contract theory anchored in the case of Alcuaz. CA emphasized that the contract between the school and the student is not an ordinary contract. It is imbued with public interest, considering the high priority given by the Constitution to education and the grant to the State of supervisory and regulatory powers over all educational institutions (Art. XIV, Secs. 1-2, 4(1)). Paragraph 137 of Manual Regulations for Private School pursuant Batas Pambansa Bld. 232 recognizes he right to freely choose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. Issue W/N the NON doctrine should be applied retroactively to govern and invalidate the legal effects of incidents that took place prior to its adoption and which incidents were proper and valid under the ALCUAZ doctrine prevailing at the time said incidents took place Ruling The Alcuaz doctrine should prevail as the petitioners relied on the said doctrine and acted on the

faith thereof. In the case of People vs. Jabinal, it is a settled rule that when a doctrine of the SC is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof. Constantino vs. Mendez Facts: P filed an action for acknowledgment, support and damages P and D met at Tony's restaurant in Sta, Cruz where P worked as waitress D invited P to dine with him at Hotel Enrico where he worked D courted and professed his love to P They had sex. D confessed that he is already married They repeated their sexual intercourse, whenever D is in Manila P got pregnant, she was forces to leave her work P prayed for recognition of the unborn child and payment of actual, moral and exemplary damages and attorneys fees and cost R admitted that they met at Tony' Restaurant but denied having sexual relationship with her He moved to dismiss the case for lack of cause of action. He prayed for payment of exemplary and litigation expenses for filing of the malicious complaint P filed a amended complaint including her son as co-plaintiff D filed an answer denying the child RTC decided in favor of P P filed MR for the award of damages was not supported with evidence P filed MR sought the recognition and support of Michael as illegitimate son CA set aside the decision. 1) P has not proved clear and convincing evidence on her claim that D is the father of her child Issue W/N D will be held liable for damages? W/N the child be entitled of acknowledgment and support of D? Held SC affirmed CA decision 1) inconsistencies on the testimony of Amelita on the dates of their sexual intercourse 2) the child was conceived on October 11, 1974 contrary to medical science that the baby was conceived on Aug 3 3) Letter to Ms. Mendez stating that 1) certain traits are possessed by D which her boyfriend does not possess and 2) she had quarrel with her bf that is why she resigned from work Rationale An order of recognition and support may create an unwholesome atmosphere or may be irritant in the family or lives of the parties so that it must be issued only if the paternity or filiation is established by clear and convincing evidence Damages could only be awarded if sexual intercourse is not a product of voluntariness and mutual desire Her false declaration on the dates of their sexual intercourse only indicates that passion and not alleged promise of marriage was the moving force that made her submit herself to D

Silverio v. Republic Facts Petitioner filed a petition for change of his first name and sex in his birth certificate On January 27, 2001 he underwent sex reassignment surgery in Thailand RTC granted the petition 1) petition was made not to evade any law or judgment or for unlawful motive but to make his birth compatible with his present sex, 2) No harm prejudice or injury will be caused to anybody in granting the petition and 3) no evidence to show any cause or ground to deny the petition OSG filed a petition for certiorari in CA OSG alleged that there is no law allowing the change of entries in the birth certificate by reason of alterationCA decided in favor of RP no law allowing the change of either name or sex in birth certificate on the ground of sex reassignment through surgery Issue W/N the petition of change of name and sex to the birth certificate of the petitioner should be granted? Held 1. No law recognizing change of name by reason of sex reassignment Change of name is a privilege not right which is controlled by statutes In pursuant to Art. 408, no reasonable interpretation of the provision can justify the conclusion that it covers the correction on the ground of sex reassignment Art. 407 authorizes the entry in the civil registry of certain acts- sex reassignment was not included Art. 413 matters pertaining to registration of civil status shall be governed by special laws-no special law in the Philippines which governs sex reassignment and its effects Since there is no law legally recognizing sex reassignment, the determination of a person's sex made at the time of his birth, if not attended by error, is immutable 2. Granting the petition will have wide-ranging legal and public policy consequences Petition was petitioners first step towards his marriage to his male fiance There are various laws which particularly apply to women which could substantially affected Wassmer vs. Velez Facts P and D following their mutual promise of love, decided to get married and set a date for their wedding P and D applied for a marriage license and was issued upon Invitations were printed and distributed, apparel important to the occasion were purchased Dressed for made of honor and flower girl were prepared Two days before the wedding, D left note to P stating that the wedding will be postponed for his mother opposes the marriage The next day he sent a telegram giving his apologies and advising that he will be returning soon P sued D. D filed no answer and was declared in default RTC decided that actual, moral and exemplary damages, attorneys fees should be awarded to P D filed a petition for relief from order, judgment and proceeding and motion for new trial and reconsideration

RTC called for a possible amicable settlement. Amicable settlement was set on two dates but defendant failed to appear P alleged that the failure to marry plaintiff on the scheduled having been due to fortuitous event Defendant asserted that there is no provision in Civil Code authorizing an action for BPM Issue W/N D be indemnified for damages for his action of breach of promise to marry P Held The case is not of mere BPM To formally set a wedding and go through all the necessary preparation and publicity, only to walk out of when the matrimony is about to be solemnized is contrary to good customs Defendant must be held answerable in damages in accordance with Article 21 of NCC SC modified RTC's decision Moral and exemplary damages should be awarded in pursuant to Art. 2219 and 2232 of NCC Affidavits of merits should state not mere conclusions or opinions but facts, Affidavit of merit executed by D is not valid Motion for reconsideration was denied Hermosisima vs. Court of Appeals, et.al. Facts Respondent filed a complaint for 1)the acknowledgment of her and 2)support for the child and 3)for breach of promise to marry Petitioner 1)acknowledged the child 2) oppressed willingness to support the child but 3)denied that promise to marry the respondent Petitioner is 10years younger than the respondent They were engaged, respondent gave up teaching and became a life time insurance underwriter They had sex and Hermosisima promised to marry her The child was born on June 1954 Petitioner married one Romancita Perez on July 1954 Spanish Civil Code Art 43 and 44 permitted the recovery of damages for BPM RTC decided in favor of Respondent and ordered the Petitioner to damages CA affirmed the decision of RTC, held Petitioner liable for seduction

Issue W/N moral damages are recoverable under our laws on Breach of Contract to Marriage? Held SC affirmed the decision of the CA but eliminated the moral damages Respondent surrendered herself because by her love for him, she wanted to bind him by having a fruit of their engagement even before they had the benefit of clergy Balogbog vs. CA Facts Petitioners filed a petition for review of the decision of CA affirming the decision of RTC declaring PR heirs of Gavino and therefore grandchildren of Basilio and Genoveva Balogbog and entitled to inherit from them

Basilio and Genoveva were the parents of Gavino, Leoncia and Gaudiosa. Gavino was married to Catalina Ubas and begotted 3 children namely: Ramonito, Generoso and Petronilo who died at the age of 6 PR brought an action for partition and accounting against P and that they were legitimate children of Gavino, therefore entitled to 1/3 share of the estate of their grandparents Petitioner's allegations 1. According to Petitioner Leoncia - Gavino died single - No legitimate children - Civil Registrar did not have any record of Gavino and Catalina 2. Jose Narvasa - Gavino died single - Catalino lived with Euleterio whom she begotten children 3. Invokes Art. 53 & 54 of OCC which provides that marriage should be proven only by a certified copy of the memorandum of Civil Registry 4. Presumption of marriage under the Rules of Court was belied by the production of the Book of Marriages by municipal treasurer that the book does not contain any entry to prove the alleged marriage Respondent's contention 1. Catalina Ubas - marriage cert was burned during war - after death of Gavino she lived with another man for one year - no certificate of birth and marriages were issued by LCR, records must be presumed to have been lost or destroyed during war 2. Priscilo Y Trazo (former mayor of Asturias) - Gavino and Catalina were married - Ramoncito was the first child - he attended the meeting which was solemnized by father Jumao-as 3. - Matias Pogoy (friend of private respondents) - Gavino and Catalina were married in a Catholic Church in Asturias, Cebu - PR were children of Gavino and Catalina - Gavino died in their residence at Balamban, Cebu in the presence of his wife - he was the carpenter of the coffin of Gavino

Issue W/N PR presented sufficient evidence to prove marriage of their parents and filiation from their deceased father and grandparents? Ruling 1. Marriage of parents - marriage contract is primary evidence of marriage but failure to present it does not prove that no marriage took effect, testimonies of witnesses was held competent 2. Filiation - no records of birth can be found but testimony of Matias Pogoy was sufficient - in a separate case, Gaudioso admitted to the police of Cebu that Ramoncito was his nephew when asked by CA regarding the matter he did not testify - his silence mean that Ramoncito is his nephew Carmen Quimiging et.al vs. Felix Icao

Facts RTC dismissed the complaint for support and damages filed by P They had close relationship, defendant succeeded in having carnal intercourse with P by force and intimidation D moved to dismiss the case for lack of cause of action since the complainant did not allege that the child had been born RTC dismissed the complaint Carmen moved to amend the complaint to allege that a baby girl was born as a result of the intercourse, RTC ruled that no amendment was allowable since the original complaint averred no cause of action Issue W/N the complaint for support and damages should be awarded to the complainant? Held RTC's theory that Art. 291 of the Civil Code does not contemplate support to children yet unborn violates Art. 40, as to the right of the conceived child A conceived child although yet unborn is given by law a provisional personality of its own for purposes favorable to it, as provided in Art. 40 of the Civil Code, he has right to support from its progenitors particularly to defendant who admitted his paternity to the child) A married man who forced a woman not his wife to have sex with him constitutes a clear violation of her rights under Art. 21 of NCC The dismissal of the case and denying the petition for amendment was reversed by the SC Alavado vs. City of Tacloban Facts Petitioner assailed the decision of the defunct Workmen's Compensation Commission which dismissed petitioner's death benefits claim for the death of her husband, Ricardo Alavado, a former employee of the City Engineer's Office in Tacloban City Ricardo A. Alavado was employed as a carpenter-foreman by the City Engineer's Office, Tacloban City His last day of service was on April 19, 1974 since he was on leave from April 23, 1974 to May 23, 1974 On August 6, 1974 when he reported to work he suffered severe headache when he was supervising laborers on a construction project in Leyte. He died the following day of CVA-Cerebral Hemorrhage. Petitioner, the surviving spouse, filed a claim for death benefits in her own behalf and in behalf of her minor children. Respondent city filed a notice of controversion of the claimant's right to compensation On March 31, 1975, the hearing officer of Regional Office No. 9 in Tacloban City issued an award granted petitioner of death benefits and reimbursement of burial expenses Respondent city appaled Petitioner showed certified true copy of marriage cert in the absence of marriage contract According to P, they lived together as man and wife continuously for a period of 35 years in their conjugal abode up to the time of Ricardo's death WCC dismissed the claim for the death benefit due to lack of filiation between claimant and the deceased To prove filiation, claiming spouse should present:

1. original marriage contract or marriage cert duly signed by LCR -primary 2. affidavit of the claimant and at least three witnesses to the marriage cohabitation secondary To prove filiation of children, birth cert should be presented, baptismal cert is not sufficient Issue W/N a marriage certificate can satisfactory proof marital status in the absence of any evidence to the contrary? W/N Petitioner should be entitled for her claim of death benefits? Held SC reinstated the awarding of the claim Rationale Section 5 of Rule 31 of the Rules of Court provides: That a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage. Persons dwelling together in apparent matrimony are presumed, in the absence of any counterpresumption or evidence special to the case, to be in fact married. The reason is that such is the common order of society, and if the parties were not what they thus hold themselves out as being, they would be living in the constant violation of decency and of law. (Adong vs. Cheong Seng Gee) Marriage certificate indubitably establishes claimant's marriage to the deceased. There was no evidence showed to overthrow the presumption that P and the deceased were married Trinidad vs. CA Facts P filed an action for partition of 4 parcels of land, claiming that he was the son of Inocentes Inocentes is one of the 3 children of Patricio, the original owner of the land P demanded to divide the property into 3 equal shares, claiming his father's share Lourdes denied that P is son of Inocentes 1) Inocentes was single when he died 2) P never lived with D and 3) said land had been in their possession since death of the father Petitioner's allegations: - presented baptismal certificate alleging that the birth certificate was buried during WW2 -he lived with D when his parents died, even when he got married he and his family lived with

them -he presented family pictures to support his testimony Isabel Meren (witness for P) - Inocentes and Felicidad were married in Aklan - upon death of Inocentes Lourdes held in possession of the property without giving the widow of any share - Lourdes took care of Arturio, until he got married - misunderstanding arose when Arturio wanted to get his father's share - Lourdes was present when Inocentes and Felicidad got married Gerardo (witness for P) - Inocentes and Felicidad were married - he dropped by when Felicidad gave birth to Arturio - he attended Arturio's baptismal party Defendants allegations: - she was not aware that Inocentes married anybody - denied that Arturio lived with her

- Incontes died without wife and children - denied the pictures Pedro Briones for defendant - that Inocentes was not married - he does not know any son of Inocentes Beatriz Natividad - cousin of Inocentes - Inocentes was never married to Felicidad Molato Lourdes later on admitted that they got married, that they were Catholics solemnized by a Protestant Priest Issue W/N petitioner presented sufficient evidence of his parent's marriage and filiation? Ruling SC reinstated the decision of RTC granting P claim to the subject land In the absence of marriage contract two witnesses were presented which established a disputable presumption that Inocentes and Felicidad had entered into a lawful contract of marriage Petitioner presented sufficient evidence of filiation by submitting certification that his his birth records destroyed during WW2, has presented 2 family pictures and baptismal birth certificate Although baptismal certificate is not a conclusive proof of filiation it is one of the other means allowed under Rules of Court and special laws