sic itur ad astra

Remedial Law | Change of Name (Rule 103) Stephanie Oteyza Ty filed a petition before the Regional Trial Court to adopt her minor son, Brandon Tyler Ty Viña , with an application to change his name to “Brandon Tyler Ty.” Brandon was born in 2013 to Stephanie and Denise Ellison M. Viña , who later married, but whose marriage was declared void, rendering Brandon a nonmarital child under Stephanie’s sole parental authority. Denise initially signed an Affidavit of Consent to the adoption but later withdrew it, opposing the petition and asserting his continued relationship and support for Brandon. The RTC denied the adoption due to lack of the father’s consent, which the Court of Appeals affirmed, but it nonetheless granted the change of name by dropping the father’s surname. Denise elevated the case to the Supreme Court, raising the issue of whether the Court of Appeals erred in granting the change of name despite the denial of the adoption. The Supreme Court granted the petition and rever...

Remedial Law | Guardianship The Supreme Court granted the petition and reversed the lower courts, ruling that Rosa is qualified to be appointed as guardian. It held that the rigid application of the Vancil doctrine was improper and that the controlling consideration in guardianship cases is the best interests of the child, assessed based on the totality of circumstances. The Court found that Rosa had a strong parental relationship with the child, had continuously provided for her needs, and was the only person capable and willing to assume guardianship. Her residence abroad did not automatically disqualify her, especially since she maintained close contact and active involvement in the child’s life. Thus, the Court ordered the issuance of letters of guardianship in her favor, emphasizing that guardianship is a sacred trust aimed primarily at the welfare and development of the ward. Rosa Nia D. Santos filed a petition for guardianship over the minor Juliana Rose A. Oscaris , allegin...