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July 22, 2017

Cabutihan vs. Landcenter

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Facts:
  • Cabutihan filed an action for specific performance against Landcenter Construction and Development Corporation with the RTC of Pasig.
  • According to Cabutihan, Landcenter Corporation did not comply with their obligation in a Deed of Undertaking wherein they agreed that Cabutihan would facilitate and assist Landcenter Corporation in recovering a parcel of land located in Paranaque in consideration of 20% of the land to be recovered.
  • Thereafter, Landcenter Corporation filed a motion to dismiss on the ground of improper venue.
  • They contended that since the primary objective of Cabutihan was to recover a property, it is a real action. Hence, the case should have been filed in the RTC of Paranaque where the land is situated pursuant to the rules.
  • The RTC granted the motion to dismiss.
  • Cabutihan assailed the said order.

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July 2, 2017

Legal Name in the Philippines

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Name is defined as a word or set of words by which a person or thing is known, addressed, or referred to. In our jurisdiction, a person’s legal name is composed of two parts namely the given name or proper name (also known as the first name) and the surname or the family name. The legal name of a person is one that is registered with the Civil Registry. Under the Philippines, a person acquires his or her legal name upon the filing of the birth certificate with the Office of the Civil Registrar. The name that appears on the said certificate shall be the legal name that will be used by the said person in exercising his capacity to act under the law and in his fitness of being subject to legal relations.

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