Bar Notes

Below is an exchange between you and a hypothetical client.
Based on the information given,

write (1) a brief legal opinion/advice specifying the relevant facts of the case, the legal problems
raised by your hypothetical client, your assessment of the issues involved, and the possible
courses of action that may be taken under the law; and (2) one legal document that may be used
in connection with your recommended course of action.
Melanie P. Gamboa seeks your advice on the possibility of changing the surname of her niece,
16-year old Paula P. Cortes, who was placed under her care by her sister, Maricel Perez, who is
currently in the U.S. working as a nurse.
The following is your interview with Melanie P. Gamboa:
Q: Melanie, tell me something about yourself first, your personal circumstances.
A: I am Melanie Perez Gamboa, 40 yrs old, married with an 8-year old son. I live at 35
Craig St., Sampaloc, Manila. I work as the assistant manager for a bank.
Q: You said that your sister wants to change the surname of her daughter. What is her
name? Where is your sister now?
A: My sister is Maricel Abrogar Perez. She is now in the United States, working as a nurse,
so she asked me to seek legal assistance for her.
Q: How old is she?
A: She is 35 yrs old.
Q: How long has she worked in the US?
A: She has been working there for ten years already, since 2000.
Q: Is she married?
A: No, she is not.
Q: But she has a daughter?
A: Yes, her daughter is my niece, Paula Perez Cortes, and she is now 16 years old.
Q: When was Paula born?

A: November 15, 1994.
Q: Who is Paulas father?
A: Her father is William Cortes, Maricels boyfriend back in college. He got her pregnant
while they were in their third year of college.
Q: Is Paula living with you now?
A: Yes, ever since Maricel went to the US in 2000. I have been her guardian since then.
Q: What happened when Maricel became pregnant?
A: William Cortes told her they cant get married yet because they were still young and had
to finish college first. But he said he will give support. He did, while Maricel was pregnant and
after she gave birth. William paid the bills for Maricels check-up while she was pregnant. He
also paid for more than half of the hospitalization expenses when Maricel gave birth. He paid for
the babys medical check-ups and vaccination. Sometimes, he would give additional money for
baby formula and diapers or he would buy them himself. He would also visit Maricel and the
baby almost every day. He was even present at the christening.
Q: During this time, was Maricel still in college?
A: While she was pregnant, yes, but after she gave birth, she took a leave of absence for one
semester. She could not simultaneously concentrate on her studies while taking care of Paula.
Q: How about William?
A: He continued his studies. He did not take any leave of absence.
Q: So he gave support while Maricel was pregnant and after she gave birth?
A: Yes, but after Paulas first birthday, William returned to his province in Zamboanga. By
then, William had already graduated from his Management course, and he said that he was
looking into expanding his uncles business in the province. He said he will return to Manila,
but he never did. Since then, he has not sent anything for Paulas support.
Q: So from the time he left for Zamboanga, he never gave support?
A: Well, for around a year from the time he left for Zamboanga, he still managed to send
some money for Paula but it was not consistent. He even sent Paula a letter and gift via LBC for
her second birthday, saying that he was sorry that he was not there for her birthday. That was the
last time we heard from him.
Q: Do you still have any communication with him?

A: No more. After he went to Zamboanga, he would call around once a week, then later
once or twice a month, then about a year from the time he left, we never heard from him
anymore. We tried calling him on the phone, but the people we talked to would tell us that he
was not there. We also sent letters, but we never got any replies. Were no longer sure if he has
the same address.
Q: How did Maricel take care of Paula without Williams support?
A: My parents and I helped Maricel take care of Paula, especially since she was still
studying. We pitched in. After she graduated, she worked for a while in a private hospital and
was later able to find work in the US as a nurse.
Q: So basically, Paula grew up never knowing her father?
A: Yes.
Q: But she carries his surname?
A: Yes. It is in her birth certificate. William is indicated as the father.
Q: Who supplied the information in the birth certificate?
A: It was Maricel, but William was also there. He was there when Maricel gave birth, and
when hospital personnel came to ask for information for Paulas birth registration. William was
at the hospital everyday until Maricel and Paula were discharged.
Q: So in all of Paulas official records, she carries Williams surname and William is
identified as her father?
A: Yes. All her school records state that.
Q: What does Maricel now want to do with Paulas surname?
A: She wants Paulas surname to be changed from Cortes to Perez because she intends to
petition Paula to the US and the change in name would facilitate the process. Paula would be
easily identified as her daughter. Also, Maricel does not want Paula to have anything to do with
William anymore since he abandoned his own child.
Q: How does Paula feel about the change of name?
A: She is okay with it, because she never knew William. Even to this day, she still gets
asked why she has a different surname from that of her mother and it embarrasses her to tell the
reason why. This is also one of the reasons why Maricel wants to change Paulas surname.
Laws and jurisprudence that may apply
1. Article 165 of the Family Code
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided
in this Code.
Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. However, illegitimate
children may use the surname of their father if their filiation has been expressly recognized by
their father through the record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-filiation during his lifetime.
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate
child.
Support comprises everything indispensable for sustenance, dwelling, clothing, medical

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

Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the
latter;
(5) Legitimate brothers and sisters, whether of the full or half-blood.
The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial
or extrajudicial demand. Support pendent lite may be claimed in accordance with the Rules of
Court. Payment shall be made within the first five days of each corresponding month. When the
recipient dies, his heirs shall not be obliged to return what he has received in advance.
6. Rule 103 (of the Rules of Court) Change of Name
Sec. 1. Venue.A person desiring to change his name shall present the petition to the Court of
First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and
Domestic Relations Court.
Sec. 2. Contents of petition.A petition for change of name shall be signed and verified by the
person desiring his name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province wher the petition is filed for
at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the name of the petitioners name is sought;
(c) The name asked for.
Sec. 3. Order for hearing.If the petition filed is sufficient in form and substance, the court, by
an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and
shall direct that a copy of the order be published before the hearing at least once a week for three
(3) consecutive weeks in some newspaper of general circulation published in the province, as the
court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an
election nor within four (4) months after the last publication of the notice.
Sec. 4. Hearing.Any interested person may appear at the hearing and oppose the petition. The
Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government
of the Republic.
Sec. 5. Judgment.Upon satisfactory proof in open court on the date fixed in the order that such
order has been published as directed and that the allegations of the petition are true, the court
shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge
that such name be changed in accordance with the prayer of the petition.
Sec. 6. Service of judgment.Judgments or orders rendered in connection with this rule shall be
furnished the civil registrar of the municipality or city where the ort issuing the same is situated,
who shall forthwith enter the same in the civil register.
7. In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian
Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454 SCRA 155
Before a person can be authorized to change his name given him either in his certificate of birth
or civil registry, he must show proper or reasonable cause, or any compelling reason which may
justify such change. The touchstone for the grant of a change of name is that there be proper and
reasonable cause for which the change is sought. To justify a request for change of name,
petitioner must show not only some proper or compelling reason therefore but also that he will
be prejudiced by the use of his true and official name. Among the grounds for change of name
which have been held valid are: (a) when the name is ridiculous, dishonorable or extremely
difficult to write or pronounce; (b) when the change results as a legal consequence, as in
legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and
been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a
sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and (f) when the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent purpose or that the change of name
would prejudice public interest.
8. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA 438
Jurisprudence teaches that a birth certificate to be considered as validating proof of paternity and
as an instrument of recognition, must be signed by the father and mother jointly or by the mother
alone if the father refuses.
The law, reason and common sense dictate that a legitimate status is more favorable to the child.
In the eyes of the law, the legitimate child enjoys a preferred and superior status. He is entitled to
bear the surnames of both his father and mother, full support and full inheritance. On the other
hand, an illegitimate child is bound to use the surname and be under the parental authority only
of his mother. He can claim support only from a more limited group and his legitime is only half
of that of his legitimate counterpart. Moreover (without unwittingly exacerbating the
discrimination against him), in the eyes of society, a 'bastard is usually regarded as bearing a
stigma or mark of dishonor.
10. Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76
An illegitimate child whose filiation is not recognized by the father bears only a given name and
his mother surname, and does not have a middle name. The name of the unrecognized
illegitimate child therefore identifies him as such. It is only when the illegitimate child is
legitimated by the subsequent marriage of his parents or acknowledged by the father in a public
document or private handwritten instrument that he bears both his mothers surname as his
middle name and his fathers surname as his surname, reflecting his status as a legitimated child
or an acknowledged child. The foregoing discussion establishes the significant connection of a
persons name to his identity, his status in relation to his parents and his successional rights as a
legitimate or illegitimate child. For sure, these matters should not be taken lightly as to deprive
those who may, in any way, be affected by the right to present evidence in favor of or against
such change.
An illegitimate child never recognized by his father is entitled to change his namea change of
name will erase the impression that he was ever recognized by his father. It is also to his best
interest as it will facilitate his mothers intended petition to have him join her in the US. This
Court will not stand in the way of the reunification of mother and son.
12. Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007, 541 SCRA 371
Support must be demanded and the right to it established before it becomes payable, for the right
to support does not arise from the mere fact of relationship, even from the relationship of parents
and children, but from imperative necessity without which it cannot be demanded, and the law
presumes that such necessity does not exist unless support is demanded.
13. Dela Cruz v. Gracia, G.R. No. 177728, July 31, 2009, 594 SCRA 648
The Court sees it fit to adopt the following rules respecting the requirement of affixing the
signature of the acknowledging parent in any private handwritten instrument wherein an
admission of filiation of a legitimate or illegitimate child is made: 1) Where the private
handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be
strict compliance with the requirement that the same must be signed by the acknowledging
parent; and 2) Where the private handwritten instrument is accompanied by other relevant and
competent evidence, it suffices that the claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is merely corroborative of such other
evidence.
PART 1 TRIAL MEMORANDUM:
Consider the following direct testimonies given in a hypothetical case for damages. Assume that
you are the lawyer for either one of the parties. Using the information given, choose one side and
write a memorandum of arguments that the court may consider before deciding the case.
1. Testimony of Complainant
COURT STAFF: (After swearing in the witness) State your name and personal circumstances.
WITNESS: I am Luz Diaz, 65 years old, a widow and resident of Mountain View Subdivision,
Antipolo, Rizal.
ATTY. RICO SANTOS: With the Courts permission. Ms. Diaz, how long have you been a
resident of Mountain View?
A: Thirty (30) years, sir.
Q: Do you know Ms. Emma Crisostomo?
A: Yes, sir.
Q: How do you know her?
A: She is my neighbor in Mountain View for the last three (3) years.
Q: Why are you now suing Ms. Crisostomo?
A: Because her carpenter killed my dog.
Q: How did her carpenter do this?
A: His truck was parked in front of Emmas house and rolled backwards, crushing my dog.
Q: How did the truck roll backwards when it was parked?
A: The street where we lived is sloping and for some reason, the truck moved backwards and
ran over my dog.
Q: When did this happen?

A: In the afternoon of October 25, 2010.
Q: What is your dogs name?
A: Trix
Q: What kind of dog was he?
A: He was a poodle.
Q: How old was Trix?
A: He would have turned eight years old last month if he hadnt died. Hes been with me
since my husband passed away eight years ago.
Q: How did you find out about Trixs death?
A: I was taking my siesta by the day bed in my living room and noticed that Trix was no
longer by my feet. He always sleeps by my feet.
Q: What did you do when you noticed he wasnt there anymore?
A: I got up to look for him. I thought he was in the kitchen because he liked to go there to
rub his belly on the tile floor, but he was not there.
Q: Where did you look for him next?
A: I decided to go to the garden because he also liked playing with the plants there.
Q: Did you find him there?
A: Before I even reached the garden, I heard a loud crashing bang. Then I heard his cries.
Q: What did you do next?
A: I ran towards the gate because the sound came from outside. When I opened the gate, I
saw Trix under the wheel of a truck.
Q: What else did you see?
A: The truck was backed up against a tree by the sidewalk and Trix was thrashing and
squealing underneath the truck. Blood was coming out of his mouth.
Q: What did you do then?

A: I cried and screamed for Nilda, my helper, and shouted for the guards who roamed the
subdivision, but no one came.
Q: Did you try to save Trix?
A: I could not save him even if I wanted to, because there was no one in the trucks driver
seat. I do not know how to drive, so I just kept crying and screaming.
Q: What happened to Trix then?
A: He kept on howling until he stopped moving and making any sound. He died soon after.
Q: Did you know who owned the truck?
A: Yes, it has always been parked in front of Emmas house ever since she began renovating
it. I knew it belonged to one of her carpenters.
Q: Did you complain to Emma?
A: Yes, I banged on her gate as soon as Trix died.
Q: What did Emma do?
A: She called the owner of the truck. I kept on crying and crying because I loved Trix very
much but she did not do anything.
Q: What did Emma say to you, if any?
A: She said that it was not her carpenters fault that Trix was run over by the truck because it
was properly parked. She said that it was only an accident.
Q: What did you say to her?
A: I told her that the truck could not have been properly parked because it moved by itself.
She got mad afterwards.
Q: Why did she get mad?
A: She said that I should not blame the carpenter because Trix was not supposed to be out on
the streets in the first place. She even said it was good riddance because Trix was a pest.
Q: How did you react to what she said?
A: I got very mad too. I told her that she should get me another dog because Trix was my
only companion. I took care of him like a baby.
Q: What did Ms. Crisostomo say?
A: She refused all my demands and insisted that it was my fault.
ATTY. SANTOS: That is all, your honor.
2. Statement of Defendant
COURT STAFF: State your name and personal circumstances.
WITNESS: I am Emma Crisostomo, 42 years old, married and a housewife.
ATTY. REY REYES: Do you know the complainant in this case, Ms. Luz Diaz?
A: Yes, sir.
A: She is our neighbor in the subdivision.
Q: When did you first meet Ms. Diaz?
A: I met her for the first time three (3) years ago when we moved into the subdivision. Her
dog pulled out the plants in my yard and I knocked on her door to complain.
Q: Is this the same dog that is the subject of this case?
A: Yes, sir.
Q: Ms. Diaz testified that it was your carpenters fault that the truck ran over her dog. What
can you say about that?
A: It is not anyones fault but hers because the dog should not be out roaming the streets. It
was a pesky dog and I have complained about it many times.
Q: What were your other complaints about the dog?
A: Well, the dog dug holes in my lawn. It would frequently deposit its wastes on our
driveway and also pee in front of our house, leaving a foul smell. One time, it even chased my
little girl down the road.
Q: How many times have you complained about the dog to Ms. Diaz?
A: About eight (8) to ten (10) times in the last three (3) years. I even complained to the
homeowners association after it chased my little girl.
Q: Is Ms. Diaz a member of the homeowners association?
A: Yes, sir.
Q: What did the homeowners association do?
A: The homeowners association passed a board resolution banning wandering dogs in the
subdivision. It warned Ms. Diaz about her dog.
Q: I have here a document entitled Board Resolution No. 3, series of 2009 issued by the
Mountain View Subdivision Homeowners Association. Does this document have any relation to
the board resolution you mentioned?
A: Yes, it is the same document.
ATTY. REYES: Your honor, we would like to have this document marked as Exhibit 1.
COURT: Mark it.
ATTY. REYES: Ms. Crisostomo, did the board resolution mention any penalties for
wandering dogs?
A: Yes, sir. The board resolution says that wandering dogs will be caught and thrown into
the municipal dog pound.
Q. Ms. Diaz says that you should be held liable for the careless way that your carpenter
parked his truck along the street. What can you say about that?
A. My construction foreman assured me that the truck was properly parked in front of our
house. He followed subdivision rules when he parked the truck. Besides, if the dog was not out
on its own, it would not have been killed. Luz has only herself to blame for letting her dog roam
the streets freely.
ATTY. REYES: That is all, your honor.
3. Statement of witness for defendant
COURT STAFF: State your name and personal circumstances.

WITNESS: I am Gregorio Timbol, 53 years old, married and a carpenter.
ATTY. REY REYES: Mr. Timbol, how long have you been working as a carpenter?
A: Thirty-five (35) years, sir, for as long as I can remember.
Q: On October 25, 2010, were you working on a project?
A: Yes, sir.
Q: What project were you working on then?
A: I was working on the renovation of Mrs. Emma Crisostomos house.
Q: Was there anything unusual that happened on that day?
A: Yes, sir. Mrs. Diazs dog got killed in an accident.
Q: How did this accident happen?
A: It got run over by my truck which was parked in a sloping part of the street in front of
Mrs. Crisostomos house.
Q: Was the truck old?
A: It was an old model, sir. I bought it second hand and had it overhauled and repainted.
Q: How did you park the truck?
A: I followed the subdivision rules, sir. I parked it in front of Mrs. Crisostomos house and
put two large rocks against the back wheels to make sure that it doesnt roll back down the street.
Q: Mrs. Diaz says that you carelessly parked the truck. What can you say about this?
A: That is not true, sir. I followed all subdivision guidelines.
Q: Then why did the truck roll backwards?
A: The rocks were no longer there when I took a look at the scene after the
accident happened. Someone must have removed them.
ATTY. REYES: That is all, your honor.

1. Article 694 of the Civil Code
A nuisance is any act, omission, establishment, business, condition of property, or anything else
which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of
water; or
(5) Hinders or impairs the use of property.
Nuisance is either public or private. A public nuisance affects a community or neighborhood or

any considerable number of persons, although the extent of the annoyance, danger or damage
upon individuals may be unequal. A private nuisance is one that is not included in the foregoing
definition.
The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.

Any private person may abate a public nuisance which is specially injurious to him by removing,
or if necessary, by destroying the thing which constitutes the same, without committing a breach
of the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property to abate the
nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the
assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.
The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged
to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed by the provisions of this
Chapter.
When the plaintiff's own negligence was the immediate and proximate cause of his injury, he
cannot recover damages. But if his negligence was only contributory, the immediate and
proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded.
The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions,
but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages
caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under
their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages
caused by their employees in the service of the branches in which the latter are employed or on
the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers
acting within the scope of their assigned tasks, even though the former are not engaged in any
business or industry.
The State is responsible in like manner when it acts through a special agent; but not when the
damage has been caused by the official to whom the task done properly pertains, in which case
what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused
by their pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove
that they observed all the diligence of a good father of a family to prevent damage.
10. Secosa vs. Francisco, G.R. No. 160039, June 29, 2004, 433 SCRA 273, 277
When an injury is caused by the negligence of an employee, there instantly arises a presumption
that there has been negligence on the part of the employer, either in the selection of his employee
or in the supervision over him after his selection. The presumption may be rebutted by a clear
showing that the employer exercised the care and diligence of a good father of the family in the
selection and supervision of his employee.
11. Philippine National Railways vs. Court of Appeals, G.R. No. 157658, October 15, 2007, 536
SCRA 147, 154
Negligence is the failure to observe, for the protection of the interests of another person that
degree of care, precaution, and vigilance which the circumstances justly demand, whereby such
other person suffers injury all that the law requires is for a person to use that care and diligence
expected of sensible men under comparable circumstances.
12. Ramos vs. C.O.L. Realty Corporation, G.R. No. 184905, August 28, 2009, 597 SCRA 526,
535-536
Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury, and without which the result would not
have occurred. And more comprehensively, the proximate legal cause is that acting first and
producing the injury, either immediately or by setting other events in motion, all constituting a
natural and continuous chain of events, each having a close causal connection with its immediate
predecessor, the final event in the chain immediately effecting the injury as a natural and
probable result of the cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of his act or default that an injury to some person
might probably result therefrom.
PART 1 TRIAL MEMORANDUM:
Consider the following direct testimonies given in a hypothetical case for annulment of contract.
Assume that you are the lawyer for either one of the parties. Using the information given, choose
one side and write a memorandum of arguments that the court may consider before deciding the
case.
1. Testimony of the Plaintiff
WITNESS: I am Anna Geronimo, 35 years old, married and an accountant.
ATTY. RICHARD VALDEZ: With the Courts permission. Ms. Geronimo, do you know the
defendant in this case, Mr. Peter Pascual?
A: Yes.
Q: How do you know him?
A: My husband, Raul Geronimo, and I have been friends with him since our college days.
Q: Could you please tell us why you filed this suit for annulment of contract with damages
against him?
A: My husband sold our one-bedroom condominium unit to Mr. Pascual without my

consent.
Q: Could you please tell us how you learned about the sale?
A: I knew about the sale because I was the one who offered the property to Mr. Pascual.
Q: Could you please elaborate on that?
A: Since we got married in 2006, my husband and I have been living in a one-bedroom
condominium unit. When I learned that I was having a baby sometime in 2008, we decided to
buy a house to make room for the nanny and all the baby stuff we need.
Q: When did you acquire this condo unit?
A: My husband bought it in 2001 when he was still single.
Q: But you have been living there since you got married?
A: Yes.
Q: So, how did Mr. Pascual learn about your plan to buy a house?
A: Like I said, we were close friends. He usually came to our condo unit for weekend
dinners. Sometime in January 2009, I mentioned our plan to him. He said that he would love to
buy our condo unit should we finally decide to sell it. He mentioned something about it being a
good investment.
Q: When did the actual negotiations for the sale of the condo unit start?
A: In April 2009, I called Mr. Pascual and informed him that we finally found a house. I told
him that we were now selling our condo unit. Since he was still interested in buying it, I offered
it to him at P2 million. He said that he will call back once the deed of sale and managers check
were ready.
Q: Did he call back?
A: I left for the United States in May 2009 to give birth. He called my husband while I was
away.
Q: If you were the one who negotiated the sale, why are you saying now that your husband
sold the condo unit without your consent?
A: While I was in the United States, I decided not to sell the condo unit anymore. I thought it
would be better to keep it in the meantime as an investment.
Q: Did you tell your husband about this?
A: Yes. He called me in June 2009. He said that he already signed the deed of sale and that
he already has the managers check. When I told him that I already changed my mind, he said
that we will just talk about it when I get back.
Q: When did you return?
A: In September 2009.
Q: What happened then?
A: I called Mr. Pascual and explained that we were no longer selling the condo unit. I even
offered to return his money in cash.
Q: Did he agree?
A: No. He insisted that the sale had been consummated and refused to accept the money.
Q: What did you do?
A: I consulted a lawyer and decided to file a suit for annulment of contract with damages.
ATTY. RICHARD VALDEZ: That is all for the witness, your honor.
2. Statement of the Defendant
WITNESS: I am Peter Pascual, 36 years old, single and a sales manager.
ATTY. JUDD LAUREL: With the Courts permission. Mr. Pascual, do you know the plaintiff in
this case, Ms. Anna Geronimo?
A: Yes.
A: I have been friends with her and her husband, Raul Geronimo, since college.
Q: Do you know why she filed this suit for annulment of contract with damages against you?
A: She claims that her husband sold their one-bedroom condominium unit to me without her
consent.
Q: Could you please tell us how you learned that the condo unit was for sale?
A: Sometime in January 2009, I visited their condo unit. Ms. Geronimo told me that they
were planning to buy a house. They were expecting a baby soon and they would need a nursery
room and storage area for their baby stuff.
Q: What did you tell her when you heard that?
A: Since I have been living in an apartment for several years, I thought it might be a good
idea to invest and buy my own condo unit. Since the spouses Geronimo have been my friends for
a long time, I have seen how they took care of their condo unit. Thus, I told Ms. Geronimo that I
will buy it should they finally decide to sell it.
Q: What did she say?
A: She promised to call me once they have found a house.
Q: Did she call?
A: Yes.
Q: When?
A: In April 2009, she told me that they finally found a house. She asked if I was still
interested in buying their condo unit. When I told her I was, she informed me that they were
giving it for P2 million.
Q: Did you accept the offer?
A: Yes. I said that Ill call back once the deed of sale and managers check were ready.
Q: When did the deed and payment become ready?
A: I immediately asked a lawyer-friend to prepare the necessary deed of sale. I also prepared
a managers check for P2 million. Sometime in June 2009, I met up with Mr. Geronimo. I told
him that the sale could not have come at a better time since I was getting married and will use the
condo unit as our conjugal home. After I handed him the managers check, he signed the deed of
sale.
Q: How about Ms. Geronimo? Did she sign the deed of sale?
A: No.
Q: Why not?
A: She was in the United States to give birth.
Q: When did you learn that Ms. Geronimo did not want to sell the condo unit anymore?
A: When she returned in September 2009, Ms. Geronimo called me. She said they wont be
selling the condo unit anymore.
Q: What did you tell her?
A: I told her that they cant back out now. The sale had been consummated.
Q: Were you able to get the certificate of title from Mr. Geronimo?
A: Yes.
Q: To whom was it named?
A: It was under the name of Mr. Geronimo.
Q: Were you able to have it transferred in your name?
A: Yes.
Q: Did you tell Ms. Geronimo about that?
A: Yes.
Q: What did she say?
A: She said that the condo unit was their property. Since there was no valid consent from her
end, she will have the deed of sale annulled.
Q: Would you know of any reason why she suddenly changed her mind?
A: Actually during that phone call, she told me that she wasnt happy that I was getting
married and was going to use the condo unit as our conjugal home. I think she might be jealous
because I always thought her to be extremely nice and sweet to me. But thats absurd. Shes
already married and we have been really good friends.
ATTY. JUDD LAUREL: That is all for the witness, your honor.

The administration and enjoyment of the community property shall belong to both spouses
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be availed of within five years from the date of
the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without authority of the
court or the written consent of the other spouse. In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
The administration and enjoyment of the conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be availed of within five years from the date of
the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without authority of the
court or the written consent of the other spouse. In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
There is no contract unless the following requisites concur:

(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the
cause which are to constitute the contract. The offer must be certain and the acceptance absolute.
A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to
his knowledge. The contract, in such a case, is presumed to have been entered into in the place
where the offer was made.
A contract where consent is given through mistake, violence, intimidation, undue influence, or
fraud is voidable.
The following contracts are voidable or annullable, even though there may have been no damage
to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or
fraud.
These contracts are binding, unless they are annulled by a proper action in court. They are
susceptible of ratification.
Through estoppel an admission or representation is rendered conclusive upon the person making
it, and cannot be denied or disproved as against the person relying thereon.
8. Jader-Manalo v. Camaisa, G.R. No. 147978, January 23, 2002, 374 SCRA 498
The law requires that the disposition of a conjugal property by the husband as administrator in
appropriate cases requires the written consent of the wife, otherwise, the disposition is void. The
properties subject of the contracts in this case were conjugal; hence, for the contracts to sell to be
effective, the consent of both husband and wife must concur.
Respondent Norma Camaisa admittedly did not give her written consent to the sale. Even
granting that respondent Norma actively participated in negotiating for the sale of the subject
properties, which she denied, her written consent to the sale is required by law for its validity.
Significantly, petitioner herself admits that Norma refused to sign the contracts to sell.
Respondent Norma may have been aware of the negotiations for the sale of their conjugal
properties. However, being merely aware of a transaction is not consent.
9. Abalos v. Macatangay, Jr., G.R. No. 155043, September 30, 2004, 439 SCRA 649
Being essentially consensual, a contract of sale is perfected at the moment there is a meeting of
the minds upon the thing which is the object of the contract and upon the price. However,
ownership of the thing sold shall not be transferred to the vendee until actual or constructive
delivery of the property.
[T]he husband may dispose of conjugal property without the wifes consent if such sale is
necessary to answer for conjugal liabilities mentioned in Articles 161 and 162 of the Civil Code.
In Tinitigan v. Tinitigan, Sr., the Court ruled that the husband may sell property belonging to the
conjugal partnership even without the consent of the wife if the sale is necessary to answer for a
big conjugal liability which might endanger the familys economic standing. This is one instance
where the wifes consent is not required and, impliedly, no judicial intervention is necessary.
10. Ainza v. Padua, G.R. No. 165420, June 30, 2005, 462 SCRA 614
The consent of both Eugenia and Antonio is necessary for the sale of the conjugal property to be
valid. Antonios consent cannot be presumed. Except for the self-serving testimony of petitioner
Natividad, there is no evidence that Antonio participated or consented to the sale of the conjugal
property. Eugenia alone is incapable of giving consent to the contract. Therefore, in the absence
of Antonios consent, the disposition made by Eugenia is voidable.
11. Co Chien v. Sta. Lucia Realty and Development, Inc., G.R. No. 162090, January 31, 2007,
513 SCRA 570
[A] person is considered in estoppel if by his conduct, representations or admissions or silence

when he ought to speak out, whether intentionally or through culpable negligence, "causes
another to believe certain facts to exist and such other rightfully relies and acts on such belief, as
a consequence of which he would be prejudiced if the former is permitted to deny the existence
of such facts."
12. Malbarosa v. Court of Appeals, G.R. No. 125761, April 30, 2003, 402 SCRA 168
The acceptance of an offer must be made known to the offeror. Unless the offeror knows of the
acceptance, there is no meeting of the minds of the parties, no real concurrence of offer and
acceptance. The offeror may withdraw its offer and revoke the same before acceptance thereof
by the offeree. The contract is perfected only from the time an acceptance of an offer is made
known to the offeror. If an offeror prescribes the exclusive manner in which acceptance of his
offer shall be indicated by the offeree, an acceptance of the offer in the manner prescribed will
bind the offeror. On the other hand, an attempt on the part of the offeree to accept the offer in a
different manner does not bind the offeror as the absence of the meeting of the minds on the
altered type of acceptance. An offer made inter praesentes must be accepted immediately. If the
parties intended that there should be an express acceptance, the contract will be perfected only
upon knowledge by the offeror of the express acceptance by the offeree of the offer. An
acceptance which is not made in the manner prescribed by the offeror is not effective but
constitutes a counter-offer which the offeror may accept or reject. The contract is not perfected if
the offeror revokes or withdraws its offer and the revocation or withdrawal of the offeror is the
first to reach the offeree. The acceptance by the offeree of the offer after knowledge of the
revocation or withdrawal of the offer is inefficacious. The termination of the contract when the
negotiations of the parties terminate and the offer and acceptance concur, is largely a question of
fact to be determined by the trial court.
13. Bautista v. Silva, G.R. No. 157434, September 19, 2006, 502 SCRA 334
To establish his status as a buyer for value in good faith, a person dealing with land registered in
the name of and occupied by the seller need only show that he relied on the face of the seller's
certificate of title. But for a person dealing with land registered in the name of and occupied by
the seller whose capacity to sell is restricted, such as by Articles 166 and 173 of the Civil Code
or Article 124 of the Family Code, he must show that he inquired into the latter's capacity to sell
in order to establish himself as a buyer for value in good faith.
14. Ravina v. Villa Abrille, G.R. No. 160708, October 16, 2009, 604 SCRA 120
In the present case, the property is registered in the name of Pedro and his wife, Mary Ann.
Petitioners cannot deny knowledge that during the time of the sale in 1991, Pedro was married to
Mary Ann. However, Mary Anns conformity did not appear in the deed. Even assuming that
petitioners believed in good faith that the subject property is the exclusive property of Pedro,
they were apprised by Mary Anns lawyer of her objection to the sale and yet they still
proceeded to purchase the property without Mary Anns written consent.
PART 2 LEGAL OPINION:
Below is an exchange between you and a hypothetical client. Based on the information given,
write (1) a brief legal opinion/advice specifying the relevant facts of the case, the legal problems
raised by your hypothetical client, your assessment of the issues involved, and the possible
courses of action that may be taken under the law; and (2) one legal document that may be used
in connection with your recommended course of action.
Melanie P. Gamboa seeks your advice on the possibility of changing the surname of her niece,
16-year old Paula P. Cortes, who was placed under her care by her sister, Maricel Perez, who is
currently in the U.S. working as a nurse.
The following is your interview with Melanie P. Gamboa:
Q: Melanie, tell me something about yourself first, your personal circumstances.
A: I am Melanie Perez Gamboa, 40 yrs old, married with an 8-year old son. I live at 35
Craig St., Sampaloc, Manila. I work as the assistant manager for a bank.
Q: You said that your sister wants to change the surname of her daughter. What is her
name? Where is your sister now?
A: My sister is Maricel Abrogar Perez. She is now in the United States, working as a nurse,
so she asked me to seek legal assistance for her.
Q: How old is she?
A: She is 35 yrs old.
Q: How long has she worked in the US?
A: She has been working there for ten years already, since 2000.
Q: Is she married?
A: No, she is not.
Q: But she has a daughter?
A: Yes, her daughter is my niece, Paula Perez Cortes, and she is now 16 years old.
Q: When was Paula born?
A: November 15, 1994.

Q: Who is Paulas father?
A: Her father is William Cortes, Maricels boyfriend back in college. He got her pregnant
while they were in their third year of college.
Q: Is Paula living with you now?
A: Yes, ever since Maricel went to the US in 2000. I have been her guardian since then.
Q: What happened when Maricel became pregnant?
A: William Cortes told her they cant get married yet because they were still young and had
to finish college first. But he said he will give support. He did, while Maricel was pregnant and
after she gave birth. William paid the bills for Maricels check-up while she was pregnant. He
also paid for more than half of the hospitalization expenses when Maricel gave birth. He paid for
the babys medical check-ups and vaccination. Sometimes, he would give additional money for
baby formula and diapers or he would buy them himself. He would also visit Maricel and the
baby almost every day. He was even present at the christening.
Q: During this time, was Maricel still in college?
A: While she was pregnant, yes, but after she gave birth, she took a leave of absence for one
semester. She could not simultaneously concentrate on her studies while taking care of Paula.
Q: How about William?
A: He continued his studies. He did not take any leave of absence.
Q: So he gave support while Maricel was pregnant and after she gave birth?
A: Yes, but after Paulas first birthday, William returned to his province in Zamboanga. By
then, William had already graduated from his Management course, and he said that he was
looking into expanding his uncles business in the province. He said he will return to Manila,
but he never did. Since then, he has not sent anything for Paulas support.
Q: So from the time he left for Zamboanga, he never gave support?
A: Well, for around a year from the time he left for Zamboanga, he still managed to send
some money for Paula but it was not consistent. He even sent Paula a letter and gift via LBC for
her second birthday, saying that he was sorry that he was not there for her birthday. That was the
last time we heard from him.
Q: Do you still have any communication with him?
A: No more. After he went to Zamboanga, he would call around once a week, then later
once or twice a month, then about a year from the time he left, we never heard from him
anymore. We tried calling him on the phone, but the people we talked to would tell us that he
was not there. We also sent letters, but we never got any replies. Were no longer sure if he has
the same address.
Q: How did Maricel take care of Paula without Williams support?
A: My parents and I helped Maricel take care of Paula, especially since she was still
studying. We pitched in. After she graduated, she worked for a while in a private hospital and
was later able to find work in the US as a nurse.
Q: So basically, Paula grew up never knowing her father?
A: Yes.
Q: But she carries his surname?
A: Yes. It is in her birth certificate. William is indicated as the father.
Q: Who supplied the information in the birth certificate?
A: It was Maricel, but William was also there. He was there when Maricel gave birth, and
when hospital personnel came to ask for information for Paulas birth registration. William was
at the hospital everyday until Maricel and Paula were discharged.
Q: So in all of Paulas official records, she carries Williams surname and William is
identified as her father?
A: Yes. All her school records state that.
Q: What does Maricel now want to do with Paulas surname?
A: She wants Paulas surname to be changed from Cortes to Perez because she intends to
petition Paula to the US and the change in name would facilitate the process. Paula would be
easily identified as her daughter. Also, Maricel does not want Paula to have anything to do with
William anymore since he abandoned his own child.
Q: How does Paula feel about the change of name?
A: She is okay with it, because she never knew William. Even to this day, she still gets
asked why she has a different surname from that of her mother and it embarrasses her to tell the
reason why. This is also one of the reasons why Maricel wants to change Paulas surname.

Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided
in this Code.
Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. However, illegitimate
children may use the surname of their father if their filiation has been expressly recognized by
their father through the record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-filiation during his lifetime.
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate
child.
Support comprises everything indispensable for sustenance, dwelling, clothing, medical

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

Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the
latter;
(5) Legitimate brothers and sisters, whether of the full or half-blood.
The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial
or extrajudicial demand. Support pendent lite may be claimed in accordance with the Rules of
Court. Payment shall be made within the first five days of each corresponding month. When the
recipient dies, his heirs shall not be obliged to return what he has received in advance.
6. Rule 103 (of the Rules of Court) Change of Name
Sec. 1. Venue.A person desiring to change his name shall present the petition to the Court of
First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and
Domestic Relations Court.
Sec. 2. Contents of petition.A petition for change of name shall be signed and verified by the
person desiring his name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province wher the petition is filed for
at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the name of the petitioners name is sought;
(c) The name asked for.
Sec. 3. Order for hearing.If the petition filed is sufficient in form and substance, the court, by
an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and
shall direct that a copy of the order be published before the hearing at least once a week for three
(3) consecutive weeks in some newspaper of general circulation published in the province, as the
court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an
election nor within four (4) months after the last publication of the notice.
Sec. 4. Hearing.Any interested person may appear at the hearing and oppose the petition. The
Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government
of the Republic.
Sec. 5. Judgment.Upon satisfactory proof in open court on the date fixed in the order that such
order has been published as directed and that the allegations of the petition are true, the court
shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge
that such name be changed in accordance with the prayer of the petition.
Sec. 6. Service of judgment.Judgments or orders rendered in connection with this rule shall be
furnished the civil registrar of the municipality or city where the ort issuing the same is situated,
who shall forthwith enter the same in the civil register.
7. In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian
Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454 SCRA 155
Before a person can be authorized to change his name given him either in his certificate of birth
or civil registry, he must show proper or reasonable cause, or any compelling reason which may
justify such change. The touchstone for the grant of a change of name is that there be proper and
reasonable cause for which the change is sought. To justify a request for change of name,
petitioner must show not only some proper or compelling reason therefore but also that he will
be prejudiced by the use of his true and official name. Among the grounds for change of name
which have been held valid are: (a) when the name is ridiculous, dishonorable or extremely
difficult to write or pronounce; (b) when the change results as a legal consequence, as in
legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and
been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a
sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and (f) when the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent purpose or that the change of name
would prejudice public interest.
Jurisprudence teaches that a birth certificate to be considered as validating proof of paternity and
as an instrument of recognition, must be signed by the father and mother jointly or by the mother
alone if the father refuses.
The law, reason and common sense dictate that a legitimate status is more favorable to the child.
In the eyes of the law, the legitimate child enjoys a preferred and superior status. He is entitled to
bear the surnames of both his father and mother, full support and full inheritance. On the other
hand, an illegitimate child is bound to use the surname and be under the parental authority only
of his mother. He can claim support only from a more limited group and his legitime is only half
of that of his legitimate counterpart. Moreover (without unwittingly exacerbating the
discrimination against him), in the eyes of society, a 'bastard is usually regarded as bearing a
stigma or mark of dishonor.
An illegitimate child whose filiation is not recognized by the father bears only a given name and
his mother surname, and does not have a middle name. The name of the unrecognized
illegitimate child therefore identifies him as such. It is only when the illegitimate child is
legitimated by the subsequent marriage of his parents or acknowledged by the father in a public
document or private handwritten instrument that he bears both his mothers surname as his
middle name and his fathers surname as his surname, reflecting his status as a legitimated child
or an acknowledged child. The foregoing discussion establishes the significant connection of a
persons name to his identity, his status in relation to his parents and his successional rights as a
legitimate or illegitimate child. For sure, these matters should not be taken lightly as to deprive
those who may, in any way, be affected by the right to present evidence in favor of or against
such change.
An illegitimate child never recognized by his father is entitled to change his namea change of
name will erase the impression that he was ever recognized by his father. It is also to his best
interest as it will facilitate his mothers intended petition to have him join her in the US. This
Court will not stand in the way of the reunification of mother and son.
12. Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007, 541 SCRA 371
Support must be demanded and the right to it established before it becomes payable, for the right
to support does not arise from the mere fact of relationship, even from the relationship of parents
and children, but from imperative necessity without which it cannot be demanded, and the law
presumes that such necessity does not exist unless support is demanded.
13. Dela Cruz v. Gracia, G.R. No. 177728, July 31, 2009, 594 SCRA 648
The Court sees it fit to adopt the following rules respecting the requirement of affixing the
signature of the acknowledging parent in any private handwritten instrument wherein an
admission of filiation of a legitimate or illegitimate child is made: 1) Where the private
handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be
strict compliance with the requirement that the same must be signed by the acknowledging
parent; and 2) Where the private handwritten instrument is accompanied by other relevant and
competent evidence, it suffices that the claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is merely corroborative of such other
evidence.
Suggested ANSWERS to the 2008 BAR Questions on Public
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Below is an exchange between you and a hypothetical client.

Based on the information given,

The following is your interview with Melanie P. Gamboa:

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

Q: How old is she?

A: She is 35 yrs old.

Q: How long has she worked in the US?

A: No, she is not.

Q: But she has a daughter?

Q: When was Paula born?

Q: Who is Paulas father?

Q: Is Paula living with you now?

Q: What happened when Maricel became pregnant?

Q: During this time, was Maricel still in college?

Q: How about William?

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

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

Q: Do you still have any communication with him?

Q: How did Maricel take care of Paula without Williams support?

Q: So basically, Paula grew up never knowing her father?

Q: But she carries his surname?

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

Q: Who supplied the information in the birth certificate?

A: Yes. All her school records state that.

Q: What does Maricel now want to do with Paulas surname?

Q: How does Paula feel about the change of name?

1. Article 165 of the Family Code

2. Article 176 of the Family Code

3. Article 194 of the Family Code

Support comprises everything indispensable for sustenance, dwelling, clothing, medical

4. Article 195 of the Family Code

(1) The spouses;

(2) Legitimate ascendants and descendants;

(5) Legitimate brothers and sisters, whether of the full or half-blood.

5. Article 203 of the Family Code

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

(c) The name asked for.

A: Thirty (30) years, sir.

Q: Do you know Ms. Emma Crisostomo?

Q: How do you know her?

Q: Why are you now suing Ms. Crisostomo?

A: Because her carpenter killed my dog.

Q: How did her carpenter do this?

Q: How did the truck roll backwards when it was parked?

Q: When did this happen?

Q: What is your dogs name?

Q: What kind of dog was he?

Q: How old was Trix?

Q: How did you find out about Trixs death?

Q: What did you do when you noticed he wasnt there anymore?

Q: Where did you look for him next?

Q: Did you find him there?

Q: What did you do next?

Q: What else did you see?

Q: What did you do then?

Q: Did you try to save Trix?

Q: What happened to Trix then?

Q: Did you know who owned the truck?

Q: Did you complain to Emma?

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

Q: What did Emma do?

Q: What did Emma say to you, if any?

Q: What did you say to her?