Professional Documents
Culture Documents
NAME
- Judicial intervention needed to change name
- Art. 364-366, 376 NCC (voluntary change)
- Padilla vs. Republic
- If foreign country allows more grounds, that will govern
- If in another country, the name of a married woman shall automatically change, there is still a need for judicial
authority to change name in the PH; note: PH courts may recognize a change of name obtained in another
country, but application before the courts is still necessary; in CEDAW, their law will not be allowed
AGE OF MAJORITY
- RA 6809
CAPACITY
- In marriage: lex nationali (applies only to Filipinos)
- marriage itself does not make a person citizen of the PH; he must still comply with immigration law if said foreign
spouse is applying for an immigrant visa
- principle of immutability?
PERSONAL RELATIONS
- Nationality principle
- Note: Art.124
- SITUATION: A(Filipina) met B (Malaysian). A got pregnant but she is not married to B. the child’s nationality is
Filipino. Years later, B takes the child upon his and A’s agreement. The child was brought to Malaysia. Meanwhile,
A married an Australian C. B then refused visitation rights to the child. Where should the custody case be filed?
MALAYSIAN court (considering most significant relationship); what law to apply? PH law (re parental authority);
note: child is still a Filipino
ADOPTION
- You may ask the court, upon the filing of the petition, to ask the court’s social worker to immediately conduct a
case study.
CONTRACTS
- See Joint administrative order of DTI re: online transactions (Consumer Protection Law)
- SITUATION: under the contract, venue is RTC Manila. But under the law, jurisdiction lies in MTC Manila. In such
case, RTC Manila should dismiss the case on the ground of improper venue
- Arbitration clause:
*arbitration is not mandatory, except in CIAC. Thus, notwithstanding a stipulation in the contract that the case is
not subject to arbitration, if the case involves CIAC, arbitration is required.