Friday, December 19, 2014

CHANGE OF NAME:

     A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as 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.

Wednesday, December 17, 2014

GENERAL PRINCIPLES:

     A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. The Supreme Court did not desist from resolving an issue that a supervening event meanwhile rendered moot and academic if any of the following recognized exceptions obtained, namely: (1) there was a grave violation of the Constitution; (2) the case involved a situation of exceptional character and was of paramount public interest; (3) the constitutional issue raised required the formulation of controlling principles to guide the Bench, the Bar and the public; and (4) the case was capable of repetition, yet evading review.

Tuesday, December 16, 2014

APPEALS IN SPECIAL PROCEEDINGS:

     The 48-hour appeal period in habeas corpus demonstrates the adequacy of such remedy in that no unnecessary time will be wasted before the decision will be re-evaluated.

Monday, December 15, 2014

CLERICAL ERROR:

    No intent or the part of the lawmakers to remove the authority of the trial courts to make judicial corrections of entries in the civil registry. It can thus be concluded that the local civil registrar has primary, not exclusive, jurisdiction over such petitions for correction of clerical errors and change of first name or nickname, with R.A. No. 9048 prescribing the procedure that the petitioner and local civil registrar should follow. Since R.A. No. 9048 refers specifically to the administrative summary proceeding before the local civil registrar it would be inappropriate to apply the same procedure to petitions for the correction of entries in the civil registry before the courts.

Wednesday, December 10, 2014

ARREST IN FLAGRANTE DELICTO:

         For this type of warrantless arrest to be valid, two requisites must concur:

      "(1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and,

          (2) such overt act is done in the presence or within the view of the arresting officer."

        A common example of an arrest in flagrante delicto is one made after conducting a buy-bust operation.