GR No. 94986
23 Feb 1995
FACTS:
She was formerly
married to Hadji Idris Yasin but they were granted a decree of divorce by the
Mindanao Islamic Center Foundation, Inc., in accordance with Islamic Law. Her
husband, having contracted another marriage, she wants to resume her maiden
name Hatima Centi y Saul.
APPLICABLE LAW:
Rules of Court, Civil
Code, Muslim Personal Laws of the Philippines (PD 1086)
RULING:
Petition is granted.
Rule 103 of the Rules of Court on change of name does not apply to this case.
Similarly, in the Civil Code provisions, when the marriage ties or vinculum no
longer exists as in the case of death of the husband or divorce as authorized
by the Muslim Code, the widow or divorcee need not seek judicial confirmation
of the change in her civil status in order to revert to her maiden name as the
use of her former husband’s name is optional and not obligatory for her.
AT v Hungary Communication
No. 2/2003
26 Jan 05
FACTS:
Petitioner
has been domestically abused by her common-law husband during several
incidents. She however was unable to go to an alternative shelter as one of her
two children is severely brain damaged.
APPLICABLE LAW:
UN Convention on the
Elimination of all forms of discrimination against women (CEDAW)
RULING:
Delay of 3 years in
legal proceedings is an unreasonable delay, considering the irreparable harm
and threats the author received from her husband. Hungary admitted that there
were not enough remedies available to the author. UN said in response that
“woman’s human rights should not be superseded by other rights such as the
right to property”.
City of
Manila v Laguio
GR No.
118127
12 Apr 05
FACTS:
This
is a case assailing the constitutionality of a city ordinance prohibiting the
establishment or operation of businesses providing EAR in the Ermita-Malate
area, where women are used as tools (prostitution).
APPLICABLE LAW:
City Ordinance of
Manila v Constitution, and other statutes
RULING:
The ordinance
contravenes the constitution (due process and equal protection clause, right to
liberty, privacy, unnecessarily involves taking away of property. It also
contravenes the Local Government Code as it merely empowers LGUs to regulate,
not prohibit, business establishments.
Concepcion v
CA
GR No.
123450
31 Aug 05
FACTS:
Gerardo
Conception and Maria Theresa Almonte were married in 1989 and had a son Jose
Gerardo in 1990. However, their marriage was annulled in 1991 on account of
Maria Theresa’s former marriage with Mario Gopiao, thus committing bigamy.
Almonte,
enraged by the annulment case filed by Conception making Jose Gerardo
illegitimate, assailed the visitation rights given to Concepcion by the RTC.
APPLICABLE LAW:
Article 164 of the
Family Code which states “The child shall be considered legitimate although the
mother may have declared against its legitimacy or may have been sentenced an
adulteress.”
RULING:
Only Mario and his
heirs can contest the legitimacy of Jose Gerardo. Also, Mario and Maria Theresa
were living in the same city (Quezon City), so sexual intercourse is presumed. Jose
Gerardo is a legitimate child of Mario and Maria Theresa.
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