Can a husband and wife agree in writing to end their marital relationship?

Facts: Spouses Leonardo Biton and Fortunata Quijano executed a document entitled "Legal Separation" wherein it was stated that they separated mutually and voluntarily, that they renounced their rights and obligations, and that they authorized each other to remarry, renouncing any action to which...

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Can a wife legally compel her husband to live with her in consortium?

Facts: Erlinda Ilusorio filed a petition for habeas corpus before the Court of Appeals to have the custody of her husband, Potenciano Ilusorio. The CA dismissed the petition for lack of unlawful restraint or detention. Erlinda appealed contending that Article XII of the 1987 Constitution and...

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Can a person successfully petition for a change of name and sex after a sex change operation?

Facts: Rommel filed a petition for change of name and sex before RTC Manila praying that his name  in his birth certificate be changed from "Rommel" to "Mely" and his gender from "male" to "female". He alleged that he is a transexual, that is, “anatomically male but feels, thinks and acts as a...

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When is venue exclusive?

FACTS: Luyaben filed a complaint for damages against AIMI in RTC-Kalinga where Luyaben resides. AIMI moved to dismiss the complaint on the ground of improper venue by invoking the following stipulation in their agreement: ALL COURT LITIGATION PROCEDURES SHALL BE CONDUCTED IN THE APPROPRIATE COURTS OF...

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May the surety be held liable when the cardholder renewed the credit card without his consent?

Facts: Ongkeko acted as surety for his employee, Lodovica, in the latter’s application for credit card with BPI. The application was approved and Lodovica was given a P3,000.00 credit limit. In 1991, the credit card was renewed and Lodovica’s credit limit was increased to P10,000.00. As of May 12, 1996,...

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May a married woman revert to use of maiden name in passport during subsistence of marriage

Facts: Virgie B. Mora is married to Francisco R. Rallonza. In her passport, the following entries appeared: “Rallonza” as her surname, “Maria Virginia” as her given name, and “Remo” as her middle name. She applied for the renewal of her passport with the Department of Foreign Affairs (DFA) office in...

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Should a credit cardholder be liable for purchases made through his lost card?

Facts: Luis Ermitaño was a BPI credit cardholder while his wife, Manuelita Ermitaño, was an extension cardholder. In 1989, Manuelita’s bag which contained the credit card was snatched. Immediately, she reported the loss and thereafter sent written notice to BPI. BPI, however, billed Luis for...

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Should the case be dismissed if the summons was improperly served?

Facts: The sheriff improperly served the summons on defendant. Defendant filed a motion to dismiss on the ground that the court has no jurisdiction over his person. Ruling: The case should not be dismissed simply because an original summons was wrongfully served. The correct procedure is to order that...

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Impossible crime

Facts: Jacinto worked as collector for Mega Foam International, Inc. In 1997, she did not remit to her employer the check issued by the latter’s customer and, instead, deposited it to the bank account of her brother-in-law. The check, however, bounced. The RTC and CA held Jacinto guilty of the crime...

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