PERSONS AND FAMILY RELATIONS

FINALS EXAMINATIONS 2X2

Name: SOLITO, ANALYN BASSIG

School: ARELLANO UNIVERSITY SCHOOL OF LAW
Section: 24
Student Number: 2020-0097

QUESTIONS:

1. What is Marriage?

Marriage is defined by the Family Code as a special contract of permanent union between a
man and a woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during the marriage within the limits
provided by this Code.

Marriage is a contract. It is a contract and much more. It is a contract of permanent union

between a man and a woman. A contract of marriage unlike other contracts confers status.
The primordial purpose of marriage is the establishment of family life. Generally, in contracts,
the parties are free to enter into contractual stipulations. However, in a marriage contract
parties are generally not free to enter into contractual stipulations. All the consequences of
marriage are determined by law. The only area in which the parties may stipulate is with
regard to property relations as long as these stipulations are not contrary to law. In fact, the
parties are not limited to the 3 major regimes in the Family Code.

2. Silverio was a woman trapped in a man's body. He was born male and his birth certificate
indicated his gender as male, and his name as Silverio Stalon. When he reached the age of
21, he had a sex reassignment surgery in Bangkok, and, from then on, he lived as a female.
On the basis of his sex reassignment, he filed an action to have his first name changed to
Shelley, and his gender, to female. While he was following up his case with the Regional
Trial Court of Manila, he met Sharon Stan, who also filed a similar action to change her first
name to Shariff, and her gender, from female to male.

Sharon was registered as a female upon birth. While growing up, she developed male
characteristics and was diagnosed to have congenital adrenal hyperplasia ("CAH") which is a
condition where a person possesses both male and female characteristics. At puberty, tests
revealed that her ovarian structures had greatly minimized, and she had no breast or
menstrual development. Alleging that for all intents and appearances, as well as mind and
emotion, she had become a male, she prayed that her birth certificate be corrected such
that her gender should be changed from female to male, and that her first name should be
changed from Sharon to Shariff.

Silverio and Sharon fell in love and decided to marry. Realizing that their marriage will be
frowned upon in the Philippines, they travelled to Las Vegas, USA where they got married
based on the law of the place of celebration of the marriage. They, however, kept their
Philippine citizenship.
 (a) Is there any legal basis for the court to approve Silverio's petition for correction of
entries in his birth certificate?

No, there is no legal basis for the court to approve Silverio’s petition.

As decided on the case of Silverio vs. Republic a change of name is a privilege and not a right.
It may be allowed in cases where the name is ridiculous, tainted with dishonor, or difficult to
pronounce or write; a nickname is habitually used; or if the change will avoid confusion. The
petitioner’s basis of the change of his name is that he intends his first name compatible with
the sex he thought he transformed himself into thru surgery. The Court says that his true
name does not prejudice him at all, and no law allows the change of entry in the birth
certificate as to sex on the ground of sex reassignment.

Thus, Silverio’s petition shall be denied.

(b) Will your answer be the same in the case of Sharon's petition?

No, Sharon’s petition is different and there is a legal basis on her petition to change her name
from Sharon to Shariff as well as changing her gender from female to male.

As decided on the case of Republic vs Cagandahan the determination of a person’s sex

appearing in his birth certificate is a legal issue and the court must look to the statutes. In this
connection, Article 412 of the Civil Code provides:

No entry in a civil register shall be changed or corrected without a judicial order.

Respondent undisputedly has Congenital Adrenal Hyperplasia. Congenital Adrenal

Hyperplasia is one of many conditions that involve intersex anatomy. Ultimately, we are of
the view that where the person is biologically or naturally intersex the determining factor in
his gender classification would be what the individual, like respondent, having reached the
age of majority, with good reason thinks of his/her sex. Respondent here thinks of himself as
a male and considering that his body produces high levels of male hormones (androgen)
there is preponderant biological support for considering him as being male. Sexual
development in cases of intersex persons makes the gender classification at birth
inconclusive. It is at maturity that the gender of such persons, like respondent, is fixed.

In the absence of evidence that respondent is an incompetent and in the absence of evidence
to show that classifying respondent as a male will harm other members of society who are
equally entitled to protection under the law, the Court affirms as valid and justified the
respondents position and his personal judgment of being a male.

As for respondents change of name under Rule 103, the Court has held that a change of name
is not a matter of right but of judicial discretion, to be exercised in the light of the reasons
adduced and the consequences that will follow. Such a change will conform with the change
of the entry in his birth certificate from female to male.

Thus, the petition of the latter shall be granted.

(c) Can the marriage of Silverio (Shelley) and Sharon (Shariff) be legally recognized as valid
in the Philippines?

1. No, it cannot be legally recognized as valid in the Philippines.

 Assuming that Sharon’s Petition has been granted. As provided by the Family Code all
solemnized marriage that is valid outside the jurisdiction of the Philippines as long as
valid there shall be valid here in the Philippines. However, to be valid here in the
Philippines it must conform with our existing laws. The Family Code was clear that
marriage is a special contract of permanent union between a man and a woman which
mean you should be a male and a female for the marriage to be recognized here in the
Philippines.

Thus, the marriage cannot be legally recognized valid.

2. Yes, it can be recognized as valid in the Philippines.

Assuming that Sharon’s & Silverio’s Petition has been denied. As provided by the
Family Code all solemnized marriage that is valid outside the jurisdiction of the
Philippines as long as valid there shall be valid here in the Philippines. The Family
Code was clear that marriage is a special contract of permanent union between a man
and a woman which mean you should be a male and a female for the marriage to be
recognized here in the Philippines and in this scenario their petition has been denied
which allows them to contract with each other us husband and wife.

Thus, their marriage shall be validly recognized here in the Philippines.

3. What are the 16 acts or events that must be registered before the Local Civil Register?

1. Birth
2. Marriage
3. Deaths
4. Legal Separations
5. Annulment of Marriage
6. Judgments Declaring Marriages Void from the Beginning
7. Legitimations
8. Adoptions
9. Acknowledgements of Natural Children
10. Naturalization
11. Loss of Citizenship
12. Recovery of Citizenship
13. Civil Interdiction
14. Judicial Determination of Filiation
15. Voluntary Emancipation of a Minor
16. Changes of Name

4. H and W are married in 2002. Children A, B, and C were born to the union. They during
their marriage they acquired the following property:

a. House and Lot worth PHP10 million;

b. Shares of Stocks worth PHP5 million;
c. Bank Accounts worth PHP5 million; and
d. Vehicles worth PHP5 million.

In 2007 a Decision granting W‘s Petition for Judicial Declaration of Nullity of Marriage
was granted by the RTC of Pasig, followed by a Decree of Nullity. The share of H to the
total assets was valued at PHP12 million.
 In 2009 H married S without any Pre-Nuptial Agreement.

Questions:

A) What is the Property Relation governing the marriage of H and S in 2009? Reasons
Please.

In Absolute Community Property, the spouses are considered co-owners of all property
brought into the marriage, as well as those acquired during the marriage, which are not
otherwise excluded. The commencement of this regime is laid down in this article:

Art. 88. The absolute community of property between spouses shall commence at the precise
moment that the marriage is celebrated. Any stipulation, express or implied, for the
commencement of the community regime at any other time shall be void.

B) The total assets amounting to PHP12 million that H acquired from his former
marriage, is this considered part of the COMMON PROPERTY that H has with S? Or
part of H’s separate property? Please explain your Answer fully.

Article 92 paragraph 3 provides that:

Property acquired before the marriage by either spouse who has legitimate descendants by a
former marriage, and the fruits as well as the income, if any, of such property.

Which means that inherited or donated pieces of property acquired during the previous
marriage, as well as their fruits and income, do not form part of the absolute community of
property. Thus, husband total assets amounting of Php. 12 million is his separate property.

This is provided for so that the children from the 1st marriage will not be prejudiced.

5. H and W were married in 2002. 10 years to the marriage, they were still childless. They
decided to seek the help of Dr. Ngo, a noted OB GYNE for purposes of undergoing
ARTIFICIAL INSEMINATION.

As a result of the Artificial Insemination, A was born.

Questions:

A) What is the status of A at birth? Why? Reasons.

A is a legitimate child by Natural Filiation.

As provide by the Family Code, Article 164 state that:

Children conceived or born during the marriage of the parents are legitimate. Children
conceived as a result of artificial insemination of the wife with the sperm of the husband or
that of a donor or both are likewise legitimate children of the husband and his wife, provided,
that both of them authorized or ratified such insemination in a written instrument executed
and signed by them before the birth of the child. The instrument shall be recorded in the civil
registry together with the birth certificate of the child
Filiation refer(s) to the relationship or tie which exists between parents and their children. It
is a tie of utmost importance, as it is the basis of the rights and obligations between a parent
and his or her child. Under Philippine laws, the filiation of children may be by nature or by
adoption. Natural filiation may be legitimate or illegitimate. Legitimate children are those
born inside a valid marriage. Together with this definition of legitimate children is the marital
presumption of legitimacy. This presumption provides that a child born by a married woman
is presumably fathered by his or her mother's husband. This presumption of legitimacy was
created by the state to protect the stability of the marital family. It is believed that it is in the
best interest of the child to live in a normal family atmosphere. This would also allow him to
enjoy the advantages of legitimacy. To prevent unwarranted attacks against the child's
legitimate status, only the presumed father, and by substitution, his heirs, can impugn this
presumed legitimacy. The right is not given to the mother, more so to the child's biological
father.

Thus, A is a legitimate child.

B) Supposing that H and W totally forgot to secure the requisite authorization or

ratification, what will be the effect of this? Please explain your answer fully.

A, is an illegitimate child.

As provide by the Family Code, Article 164 states that:

Children conceived or born during the marriage of the parents are legitimate. Children
conceived as a result of artificial insemination of the wife with the sperm of the husband or
that of a donor or both are likewise legitimate children of the husband and his wife, provided,
that both of them authorized or ratified such insemination in a written instrument executed
and signed by them before the birth of the child. The instrument shall be recorded in the civil
registry together with the birth certificate of the child

As long as all the requisites above-mentioned are present, then the child conceived as a result
of artificial insemination shall be considered legitimate.

However, in this scenario H & W forgot the requirements. Thus, A is an illegitimate child.

C)What remedy is available to H and W to correct this problem? Why? Reasons. Explain this
remedy.

The available remedy for H & W is Adoption.

As provided in Article 189 (as amended) of the Family Code. The adoptee shall be considered
legitimate son/daughter of the adopter for all intents and purposes and shall be entitled to all
the rights and obligations provided by law to legitimate children born to them without
discrimination of any kind.

Thus, H & W should adopt A to be deemed as their legitimate child.