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There are two ways by which partition can take place under
Rule 69: by agreement under Section 2 11 and through
commissioners when such agreement cannot be reached,
under Sections 3 to 6. 12
Neither method specifies a procedure for determining
expenses chargeable to the decedents estate. While Section
8 of Rule 69 provides that there shall be an accounting of the
real property's income (rentals and profits) in the course of an
action for partition, 13 there is no provision for the accounting
of expenses for which property belonging to the decedent's
estate may be answerable, such as funeral expenses,
inheritance taxes and similar expenses enumerated under
Section 1, Rule 90 of the Rules of Court.
In a situation where there remains an issue as to the expenses
chargeable to the estate, partition is inappropriate. While
petitioner points out that the estate is allegedly without any
debt and she and respondents are Leandro Figuracion's only
legal heirs, she does not dispute the finding of the CA that
"certain expenses" including those related to her father's final
illness and burial have not been properly settled. 14 Thus, the
heirs (petitioner and respondents) have to submit their
father's estate to settlement because the determination of
these expenses cannot be done in an action for partition.
In estate settlement proceedings, there is a proper procedure
for the accounting of all expenses for which the estate must
answer. If it is any consolation at all to petitioner, the heirs or
||| (Fluemer v. Hix, G.R. No. 32636, [March 17, 1930], 54 PHIL
610-613)
In any case, the Court has also ruled that if land is invalidly
transferred to an alien who subsequently becomes a citizen or
transfers it to a citizen, the flaw in the original transaction is
considered cured and the title of the transferee is rendered
valid. 49 In this case, since the Makati property had already
passed on to respondent who is a Filipino, then whatever flaw,
if any, that attended the acquisition by the Guerseys of the
Makati property is now inconsequential, as the objective of
the constitutional provision to keep our lands in Filipino hands
has been achieved.||| (Ancheta v. Guersey-Dalaygon, G.R. No.
139868, [June 8, 2006], 523 PHIL 516-539)
(d) relationship of trust with the minor; chan robles virtual law
library
(e) availability to exercise the powers and duties of a guardian
for the full period of the guardianship;
(f) lack of conflict of interest with the minor; and cralaw
(g) ability to manage the property of the minor.cralaw
Sec. 6. Who may be appointed guardian of the person or
property, or both, of a minor. In default of parents or a courtappointed guardian, the court may appoint a guardian of the
person or property, or both, of a minor, observing as far as
practicable, the following order of
preference:chanroblesvirtuallawlibrary
(a) the surviving grandparent and In case several
grandparents survive, the court shall select any of them
taking Into account all relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one
years of age, unless unfit or disqualified;
(f) The names, ages, and residences of relatives within the 4th
civil degree of the minor, and of persons having him in their
care and custody;
(h) The name, age and residence of the person for whom
letters of guardianship are prayed.cralaw
(d)
To perform all orders of the court and such other duties
as may be required by law.cralaw
Sec. 15. Where to file the bond; action thereon. The bond
posted by a guardian shall be filed in the Family Court and, In
case of breach of any of its conditions, the guardian may be
prosecuted in the same proceeding for the benefit of the ward
or of any other person legally interested in the property.
Whenever necessary, the court may require the guardian to
post a new bond and may discharge from further liability the
sureties on the old bond after due notice to interested
persons, if no injury may result therefrom to those interested
in the property. chan robles virtual law library
Sec. 16. Bond of parents as guardians of property of minor. If
the market value of the property or the annual Income of the
child exceeds P50,000.00, the parent concerned shall furnish
a bond In such amount as the court may determine, but in no
case less than ten per centurn of the value of such property or
annual income, to guarantee the performance of the
obligations prescribed for general guardians.cralaw
A verified petition for approval of the bond shall be flied in the
Family Court of the place where the child resides or, if the
child resides in a foreign country, in the Family Court of the
place where the property or any part thereof is
situated.cralaw
(b) The name, age and present whereabouts of the minor and
his or her relationship to the petitioner and the respondent;
(c) The material operative facts constituting deprivation of
custody; and
(d) Such other matters which are relevant to the custody of
the minor.
The verified petition shall be accompanied by a certificate
against forum shopping, which the petitioner must sign
personally.
Section 5. Summons; personal service on respondent. - If the
court is satisfied that the petition is sufficient in form and
substance, it shall direct the clerk of court to issue summons,
which shall be served together with a copy of the petition
personally on the respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition
is not allowed except on the ground of lack of jurisdiction over
the subject matter or over the parties. Any other ground that
might warrant the dismissal of the petition may be raised as
an affirmative defense in the answer.
Section 7. Verified Answer. - The respondent shall file an
answer to the petition, personally verified by him, within five
days after service of summons and a copy of the petition.
Section 8. Case study; duty of social worker. - Upon the filing
of the verified answer or the expiration of the period to file it,
(i) The preference of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
(f) To comply with such other orders as are necessary for the
protection of the minor.
Section 18. Judgment. - After trial, the court shall render
judgment awarding the custody of the minor to the proper
party considering the best interests of the minor.
If it appears that both parties are unfit to have the care and
custody of the minor, the court may designate either the
paternal or maternal grandparent of the minor, or his oldest
brother or sister, or any reputable person to take charge of
such minor, or commit him to any suitable home for children.
AN ACT ESTABLISHING THE RULES TO GOVERN INTERCOUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER
PURPOSES.
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "InterCountry Adoption Act of 1995."
Sec. 2. Declaration of Policy. It is hereby declared the policy
of the State to provide every neglected and abandoned child
with a family that will provide such child with love and care as
well as opportunities for growth and development. Towards
this end, efforts shall be exerted to place the child with an
adoptive family in the Philippines. However, recognizing that
inter-country adoption may be considered as allowing aliens
not presently allowed by law to adopt Filipino children if such
children cannot be adopted by qualified Filipino citizens or
aliens, the State shall take measures to ensure that intercountry adoptions are allowed when the same shall prove
beneficial to the child's best interests, and shall serve and
protect his/her fundamental rights.chan robles virtual law
library
Sec. 3. Definition of Terms. As used in this Act. the term:
(a) Inter-country adoption refers to the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of
adoption is issued outside the Philippines.
chan robles virtual law library
(b) Child means a person below fifteen (15) years of age
unless sooner emancipated by law.
(c) Department refers to the Department of Social Welfare and
Development of the Republic of the Philippines.
(d) Secretary refers to the Secretary of the Department of
Social Welfare and Development.
(e) Authorized and accredited agency refers to the State
welfare agency or a licensed adoption agency in the country
under the Family Code have been exhausted and that intercountry adoption is in the best interest of the child. Towards
this end, the Board shall set up the guidelines to ensure that
steps will be taken to place the child in the Philippines before
the child is placed for inter-country adoption: Provided,
however, That the maximum number that may be allowed for
foreign adoption shall not exceed six hundred (600) a year for
the first five (5) years.chan robles virtual law library
Sec. 8. Who May be Adopted. Only a legally free child may
be the subject of inter-country adoption. In order that such
child may be considered for placement, the following
documents must be submitted to the Board:
(a)Child study;
chan robles virtual law library
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an
accredited counselor in his/her country;
(a) The cost of bringing the child from the Philippines to the
residence of the applicant(s) abroad, including all travel
expenses within the Philippines and abroad; and
chan robles virtual law library
(b) The cost of passport, visa, medical examination and
psychological evaluation required, and other related
expenses.
Sec. 22. Effectivity Clause. This Act shall take effect fifteen
(15) days after its publication in two (2) newspapers of
general circulation.
ARTICLE II
PRE-ADOPTION SERVICES
ARTICLE III
ELIGIBILITY
(d) A person of legal age if, prior to the adoption, said person
has been consistently considered and treated by the
adopter(s) as his/her own child since minority;
the interest of the adoptee. The decree shall state the name
by which the child is to be known.
Section 14. Civil Registry Record. An amended certificate of
birth shall be issued by the Civil Registry, as required by
the Rules of Court, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her
surname. The original certificate of birth shall be
stamped "cancelled" with the annotation of the issuance of an
amended birth certificate in its place and shall be sealed in
the civil registry records. The new birth certificate to be issued
to the adoptee shall not bear any notation that it is an
amended issue.
Section 15. Confidential Nature of Proceedings and Records.
All hearings in adoption cases shall be confidential and shall
not be open to the public. All records, books, and papers
relating to the adoption cases in the files of the court, the
Department, or any other agency or institution participating in
the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a
third person is necessary for purposes connected with or
arising out of the adoption and will be for the best interest of
the adoptee, the court may merit the necessary information
to be released, restricting the purposes for which it may be
used.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. Except in cases where the
biological parent is the spouse of the adopter, all legal ties
between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy. The adoptee shall be considered the
legitimate son/daughter of the adopter(s) for all intents and
purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born
to them without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in keeping
with the means of the family.
Section 18. Succession. In legal and intestate succession,
the adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had
left a will, the law on testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. Upon
petition of the adoptee, with the assistance of the Department
if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be
rescinded on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal maltreatment by
the adopter(s) despite having undergone counseling; (b)
attempt on the life of the adoptee; (c) sexual assault or
violence; or (d) abandonment and failure to comply with
parental obligations.
Adoption, being in the best interest of the child, shall not be
subject to rescission by the adopter(s). However, the
adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Effects of Rescission. If the petition is granted,
the parental authority of the adoptee's biological parent(s), if
known, or the legal custody of the Department shall be
restored if the adoptee is still a minor or incapacitated. The
Fourteenth Congress
Second Regular Session
||| (Lahom v. Sibulo, G.R. No. 143989, [July 14, 2003], 453
PHIL 987-999)
3. ID.; ID.; ID.; ID. Article 8 of the Penal Code has not been
impliedly repealed by section 1048 of the Administrative
Code.
||| (Chin Ah Foo v. Concepcion, G.R. No. 33281, [March 31,
1930], 54 PHIL 775-781)
1. REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESSES;
INCONSISTENCIES RELATING TO MINOR AND
INCONSEQUENTIAL DETAILS DID NOT IMPAIR COMPLAINT'S
CREDIBILITY. Appellant first assails the credibility of
complainant as well as of her mother whose testimonies he
contends are contradictory. It is claimed by appellant that the
testimony of complainant on direct examination that she
immediately went home after the rape incident, is at variance
with her testimony on cross examination to the effect that she
has stayed in the house of appellant until the following day.
Complainant, in saying that she left the house of appellant by
herself, is also alleged to have contradicted her mother who
stated that she (the mother) went to the store in the evening
of 17 March 1979 and brought Estelita home. The apparently
inconsistent statements made by complainant were clarified
by her on cross examination. In any case, the inconsistencies
related to minor and inconsequential details which do not
touch upon the manner in which the crime had been
committed and therefore did not in any way impair the
credibility of the complainant.||| (People v. Rafanan, Jr., G.R.
No. 54135, [November 21, 1991])
The respondents have failed to show why the writ may not
issue and why the restraints on the petitioner's freedom of
movement should not be lifted.
||| (Moncupa v. Enrile, G.R. No. L-63345, [January 30, 1986],
225 PHIL 191-197)
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly
known by that first name or nickname in the community; or
(3) The change will avoid confusion.
Petitioner's basis in praying for the change of his first name
was his sex reassignment. He intended to make his first name
compatible with the sex he thought he transformed himself
into through surgery. However, a change of name does not
alter one's legal capacity or civil status. 18 RA 9048 does not
sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing
petitioner's first name for his declared purpose may only
create grave complications in the civil registry and the public
interest.
Before a person can legally change his given name, he must
present proper or reasonable cause or any compelling reason
justifying such change. 19 In addition, he must show that he
will be prejudiced by the use of his true and official
name. 20 In this case, he failed to show, or even allege, any
prejudice that he might suffer as a result of using his true and
official name.
In sum, the petition in the trial court in so far as it prayed for
the change of petitioner's first name was not within that
court's primary jurisdiction as the petition should have been
filed with the local civil registrar concerned, assuming it could
be legally done. It was an improper remedy because the
proper remedy was administrative, that is, that provided
under RA 9048. It was also filed in the wrong venue as the
proper venue was in the Office of the Civil Registrar of Manila
where his birth certificate is kept. More importantly, it had no
merit since the use of his true and official name does not
prejudice him at all. For all these reasons, the Court of
Appeals correctly dismissed petitioner's petition in so far as
the change of his first name was concerned. EACTSH
||| (Modequillo v. Breva, G.R. No. 86355, [May 31, 1990], 264
PHIL 381-387)