CAPÍTULO 3: Presentación de la Solución Propuesta
3.4 Descripción del Sistema Propuesto
3.4.3 Descripción textual de los Casos de Uso del Sistema
[ARTS. 387-389]
Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article 383.
Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority.
Art. 389. The administration shall cease in any of the following cases:
1. When the absentee appears personally or by means of an agent;
2. When the death of the absentee is proved and his testate or intestate heirs appear;
3. When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.
In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto.
Who may administer the property?
• Spouse present shall be preferred when there is no legal separation
• If no spouse or spouse is incapacitated, any competent person
When will the administration of property cease?
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Administrator shall cease in performance of his office, and property shall be disposed in favor of those who have a right thereto when
(1) Absentee appears personally or by means of an agent
(2) Testate or intestate heirs appear, upon proof of death of absentee
(3) Third person appears, with a proper document showing he has acquired absentee’s property by purchase or other title
D. PRESUMPTION OF DEATH, [ARTS. 390-392]
Art. 390. After an absence of 7 years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of 10 years. If he disappeared after the age of 75 years, an absence of 5 years shall be sufficient in order that his succession may be opened.
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
2. A person in the armed forces who has taken part in war, and has been missing for four years;
3. A person who has been in danger of death under other circumstances and his existence has not been known for four years.
General rule: A person shall be presumed dead for all purposes after absence for a period of 7 years.
Exception: Succession
• In succession, 10 years is required for presumption of death.
• If absentee disappeared after age of 75, 5 years shall be sufficient.
Extraordinary Absence
Only 4 years is required for presumption to arise if:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.
Note:
• Although 7 years is required for the presumption of death of an absentee in the Civil Code, Art. 41 of the Family Code makes an exception for the purpose of remarriage by limiting such requirement to 4 years.
• Art. 41 also limits the required 4 years in Art. 391 for absence under exceptional circumstances to only 2 years.
Art. 392. If the absentee appears or without appearing his existence is proved he shall recover his property in the condition in which it may be found and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents.
XVI. Funerals
The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294 [Art. 305]:
(1) Spouse
case of descendants of the same degree, the oldest shall be preferred.
(3) The ascendants in the nearest degree.
In case of ascendants, the paternal shall have a better right
(4) The brothers and sisters, the oldest shall be preferred.
(5) Municipal authorities – if there are no persons who are bound to support or if such persons are without means
Nature of funeral: Every funeral shall be in keeping with the social position of the deceased. [Art. 306]
The funeral shall be:
(1) In accordance with the expressed wishes of the deceased.
(2) In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites.
(3) In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family [Art. 307]
Note: No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305.
Damages: Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral [Art. 309]
Funeral Expenses: The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses [Art. 310].
Guidelines in making funeral arrangements (1) The persons who are preferred in the
right to make funeral arrangements may waive the right expressly or impliedly in which case the right and duty
immediately descend to the person next in the order.
(2) It must be in keeping with the social position of the deceased.
(3) Law shall prevail over the will of the persons who have the right to control the burial of deceased – exhumation,
evidential purpose, disposition of corpse by deceased, mutilation of corpses and autopsies.
(4) Corpses which are to be buried at public expenses may also be used for scientific purposes under certain conditions.
(5) Expressed wishes of the deceased is given priority provided that it is not contrary to law and must not violate the legal and reglementary provisions concerning funerals and disposition of the remains (time, manner, place or ceremony)
(6) In the absence of expressed wishes, his religious beliefs or affiliation shall determine the funeral rights.
(7) In case of doubt, the persons in Art. 199 shall decide.
(8) Any person who disrespects the dead or interferes with the funeral shall be liable for material and moral damages.
XVII. Entries in the Civil Register
A. ARTS. 407-413
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Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.
Art. 408. The following shall be entered in the civil register:
1. Births;
2. marriages;
3. deaths;
4. legal separations;
5. annulments of marriage;
6. judgments declaring marriages void from the beginning;
7. legitimations;
8. adoptions;
9. acknowledgments of natural children;
10. naturalization;
11. loss, or
12. recovery of citizenship;
13. civil interdiction;
14. judicial determination of filiation;
15. voluntary emancipation of a minor; and 16. changes of name.
Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning.
Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained.
Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.
Art. 413. All other matters pertaining to the registration of civil status shall be governed by special laws.
B. RA 9048 AS AMENDED BY RA 10172
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES
General rule: No entry in a civil register shall be changed or corrected without a judicial order
Exception: Clerical or typographical errors;
Change of: first name or nickname, day and month in the date of birth, or sex of a person This exception applies where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations
Note:
• Clerical or typographical error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous
birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records)
• Before the amendment by RA 10172, no correction must involve the change of sex, nationality, age or status of the petitioner.
After the amendment, change of sex can now be subjected to correction without judicial order under the rules of this Act.
• Civil Register refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General.
Sec. 3. Who May File the Petition and Where. – Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition.
residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once.
Grounds
Who may file the petition and where?
(1) Any person having direct personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register
(2) Verified petition with the local civil registry office of the city or municipality
(a) where the record being sought to be corrected or changed is kept
(b) where the interested party is presently residing or domiciled, if it will be impractical to submit in the place where record is kept (i.e. when party has migrated to another place in the country) (c) nearest Philippine Consulates, if the petitioner is presently residing or domiciled in foreign countries
Note:
All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once.
Sec. 4. Grounds for Change of First Name or Nickname. – The petition for change of first name or nickname may be allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
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dishonor or extremely difficult to write or pronounce.
(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.
Sec. 5. Form and Contents of the Petition. – The petition for correction of a clerical or typographical error, or for change of first name or nickname, as the case may be, shall be in the form of an affidavit, subscribed and sworn to before any person authorized by the law to administer oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed.
(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.
No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except if the petition is accompanied by earliest school record or earliest school documents such as, but not limited to, medical records, baptismal
certificate and other documents issued by religious authorities; nor shall any entry involving change of gender corrected except if the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.
The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner