RULE 101 Mercader v Wislezenus, p.

464 Facts: Vicenta Escio was declared as a lunatic and incapable to manage her affairs thus, Pantaleon E. Del Rosario was appointed the guardian of her property. Plaintiff Cesar Mercader, on the other hand, was allegedly taking the lunatics properties and after demand by the guardian, refused to deliver the same properties. Mercader claims the trial court lost jurisdiction since the case was brought to appeal. Issue: W/N raising the dispute to the appellate court deprives the trial court jurisdiction. Held: NO. While the case is pending, the trial court still has control over the properties, through the guardian. Indeed, the act of Del Rosario is in consonance with his duty to protect the properties of the lunatic, even pending appeal. Chin Ah Foo v. Concepcion, p.466 Facts: Chan Sam was charged with the murder of Chin Ah Kim. Although not convicted, Chan was ordered into an asylum as an insane person. The same judge allows Chan to leave. Issue: W/N the judges order was proper. Held: NO. The court cannot release Chan unless there is an approval of the Director of Health. The powers of the Director of Health compliment that of the Judge. Thus, one cannot act without the other in this case.

RULE 102 Quintos v Director of Prisons, p. 468 Facts: Joseph Wilson was convicted for 4 crimes in the CFI. He appealed the cases, however, pending litigation, he fled. When he was captured he was sent to prison as the Attorney-General filed a motion to be declared final. Issue: W/N Habeas Corpus was the proper remedy Held: NO. Here, Wilson contests the jurisdiction of the court to imprison him. Habeas Corpus is meant to determine if there is a lawful cause for the detention and if the detained is under a lawful authority, nothing more and nothing less. Caunca v Salazar, p. 472 Facts:

Far Eastern Employment, which was owned by respondent Juileta Salazar, gave advancements to Estelita Flores, whom the plaintiff represents as Flores is his cousin. Since there were advancements, Far Eastern refused to let Flores change residences. Issue: W/N Far Eastern can keep Flores from moving. Held: NO. Far Eastern cannot limit Flores freedom to move even if there were advancements in her favor. This curtailment does not need to be a physical stoppage, it can be mental or fear driven.

RULE 103 Yu v Republic p. 512 Facts: Yu is a minor and under the care of Juan Sy Barrera. Because of such an the fact that he was baptized as Ricardo Sy and was enrolled in schools as Ricardo Sy, following the name of his Guardian Juan, he wants to change his name into Ricardo Sy. The court dismissed the case. Issue: W/N the court erred. Held: YES. There is nothing in the law that prevents aliens from changing their names in the Philippines. The Filipino Citizens used in section 103 of the Rules of Court relate to all natural persons. More so, the Civil Code provisions, as the court held, is applicable to all persons since there is nothing prohibiting it. Haw Liong v Republic, p. 518 Facts: Haw Liong wanted to change his name from Haw Liong to Alfonso Lantin. He claims he is a resident of Tacloban for 20 years, working in Leyte Asia Trading, that his fathers name is Placido Lantin and is a Filipino, and that his friends call him Afonso. Issue: W/N Haw Liong is entitled to the change in name. Held: NO. In order to be entitled to the change in name ones name maybe: 1. Ridiculous, 2. Due to a change of status, or 3. Causes confusion. Haws case does not fall in any of the above. More so, if his father was a Filipino, there would not be any need for naturalization, which Haw is processing. RULE 104 (NO CASES CITED) RULE 105 Mossesgeld v CA, p. 533

Facts: Marissa Mossesgeld gave birth to a boy named Jonathan. Atty. Eleazar Calasan, who was married at that time, is the presumed father. The head of the hospital refused to put the name Calasan as the name of Jonathan. Marissa placed it and went on to register it in the registry of deeds. The Register rejected this. Calasan filed for mandamus. Issue: W/N the register can be compelled by mandamus. Held: NO. Under the Family Code, illegitimate children shall use the surname of their mothers even if there is consent by the father to use his surname. Thus, the Register properly rejected the registration. Mandamus then does not lie. Quismundo v CAA, p. 537 Facts: Pacencia and Valencia Venta were minors and daughters of the deceased Francisco Venta. They entered into a settlement with Atlantic Gulf and Pacific Co., their fathers employer, for the pay due to the death of their father. Prior to that, they filed for benefits under the Workmans Compensation Law, which the Workmans Compensation Commission denied. This was because there was no proof of filliation. Issue: W/N Pacencia and Valencia showed sufficient proof of filliation. Held: NO. They used only article 283 which gives grounds for compulsory recognition. However, the fact is there was no recognition yet. This being the case, they cannot obtain the benefits. They must show filiation by some other proof. RULE 106 Modequillo v Breva, p. 539 Facts: Jose Modequillo was adjudged to pay damages due to a vehicular accident. The Sheriff levied the land on which stood the family home of Modequillo. Modequillo claims that according to the Civil Code, family homes are exempt from execution. Issue: W/N this family home is exempt. Held: No. The Family Code became effective in 1988. The case arose in 1976, thus covered by the Civil Code. Under the Civil Code, family homes are not exempt from levies. Manacop v CA, p. 541 Facts: Florante Manacop and his wife bought a house in Quezon City. Since Manacops company failed to pay sub-contract costs to FF Cruz, the latter filed a case for

recovery of money and preliminary attachment. The above-mentioned house was attached. Manacop contests this since it was a family home. Issue: W/N the house can be attached Held: NO. The case arose in 1987 prior to the Family Code. Since there is no retroactive effect for the Family Code, the family home then is not exempt from attachment.