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IN THE MATTER OF THE G.R. No. 211724

PETITION FOR CORRECTION
OF ENTRY (CHANGE OF Present:
FAMILY NAME IN THE BIRTH
CERTIFICATE OF FELIPE C. SERENO, CJ., Chairperson,
ALMOJUELA AS APPEARING LEONARDO-DE CASTRO,
IN THE RECORDS OF THE BERSAMIN,
NATIONAL STATISTICS PERLAS-BERNABE, and
OFFICE), CAGUIOA, JJ.

FELIPE C. ALMOJUELA,
Petitioner,

- versus - Promulgated:

AUG 2 1t 2016
REPUBLIC OF THE
PHILIPPINES,

Respondent. ---------/-------------------x
x-----------------------------------------------------------

RESOLUTION

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari 1 is the Decision2

dated February 27, 2014 rendered by the Court of Appeals (CA) in CA-G.R.
CV. No. 98082, which reversed and set aside the Decision 3 dated October 6,
2011 and the Order4 dated November 14, 2011 of the Regional Trial Court
of Virac, Catanduanes, Branch 43 (RTC) in Spec. Proc. No. 1345 granting
the Petition for Correction of Entry in the Certificate of Live Birth filed by
petitioner Felipe C. Almojuela (petitioner).

1
Rollo, pp. 9-19.
2
Id. at 21-34. Penned by Associate Justice Stephen C. Cruz with Associate Justices Magdangal M. De
Leon and Eduardo B. Peralta, Jr. concurring.
3
Id. at 46-52. Penned by Presiding Judge Lelu P. Contreras.
4
Id. at 53-54.

N
 Resolution 2 G.R. No. 211724

The Facts

For almost sixty (60) years, petitioner has been using the surname
"Almojuela." However, when he requested for a copy of his birth certificate
from the National Statistics Office (NSO), he was surprised to discover that
he was registered as "Felipe Condeno," instead of "Felipe Almojuela." Thus,
he filed a Petition for Correction of Entry 5 in his NSO birth certificate before
the RTC, 6 docketed as Spec. Proc. No. 1345. 7

Petitioner alleged that he was born on February 25, 1950 in Pandan,

Catanduanes and is the acknowledged natural child of Jorge V. Almojuela
(Jorge), fonner governor of the said province, and Francisca B. Condeno
(Francisca), both deceased. He averred that while his parents did not marry
each other, he has been known to his family and friends as "Felipe
Almojuela" and has been using the said surname in all of his official and
legal documents, including his school records from elementary to college,
certificate of Government Service Insurance System (GSIS) membership,
government service records, appointment as Provincial General Services
Officer, report of rating in the First Grade Entrance Examination of the Civil
Service Commission, Philippine Passport, Marriage Contract, and Certificate
of Compensation Payment/Tax Withheld. In support of his petition, he also
presented a copy of his birth certificate issued by the Local Civil Registrar of
the Municipality of Pandan, Catanduanes showing that "Felipe Almojuela"
appears as his registered full name. 8

In an Order9 dated January 10, 2011, the RTC initially dismissed the
petition on the ground that petitioner's recourse to Rule 108 of the Rules of
Court was improper, as the petition did not involve mere correction of
clerical errors but a matter of filiation which should, thus, be filed in
accordance with Rule 103 of the same Rules. Moreover, it found that a
similar petition docketed as Spec. Proc. No. 1229 had already been ruled
upon and dismissed by the court. 10

Petitioner moved for reconsideration, maintaining that the issue of

filiation is immaterial since he was only seeking a correction of entry by
including the surname "Almojuela" to "Felipe Condeno," his first and
middle names appearing on his birth certificate with the NSO. He likewise
insisted that the name "Jorge V. Almojuela" was clearly indicated thereon as
the name of his father. Finding merit in petitioner's arguments, the RTC, in

Not attached to the rollo. Filed on December 17, 201 O; see id. at 22.
6
See id. at 10-1 J.
See id. at 46.
See id. at 22-23 and 47-50.
9
Not attached to the rol!o.
10
See rollo, pp. 23-24.

0
 Resolution 3 G.R. No. 211724

an Order 11 dated February 9, 2011, reconsidered its earlier disposition and

allowed petitioner to present his evidence. 12

During the proceedings, it was discovered that petitioner's name as

registered in the Book of Births in the custody of the Municipal Civil
Registar of Pandan, Catanduanes is "Felipe Condeno" and not "Felipe C.
Almojuela," contrary to petitioner's allegation. 13

The RTC Ruling

In a Decision 14 dated October 6, 2011, the RTC granted the petition

and accordingly, directed the Municipal Civil Registrar .of Pandan,
Catanduanes to cause the correction of entry of the facts of petitioner's birth
by changing his surname from "Condeno" to "Almojuela" and to furnish the
15
Civil Registrar General with a copy of the corrected birth certificate.

In so ruling, the RTC found that the change in petitioner's surname

would cause no prejudice to the Almojuela family nor would they be the
object of future mischief. Instead, petitioner has shown that he was accepted
and acknowledged by his half-siblings. Moreover, allowing petitioner to
retain the surname that he has been using for over sixty (60) years, i.e.,
"Almojuela," would avoid confusion in his personal undertakings, as well as
. the commumty.
m . 16

However, considering that the Book of Births of the Municipal Civil

Registrar of Pandan, Catanduanes reflects the name "Felipe Condeno" as
petitioner's registered name, the RTC ordered that the same be first
corrected before the correction of entry in the records of the NSO could be
had. 17

The Republic of the Philippines, through the Office of the Solicitor

General (OSG), moved for reconsideration, 18 citing lack of jurisdiction due
to defective publication and contending that the caption or title of a petition
for change of name should state: (a) the alias or other name of petitioner; (b)
the name he seeks to adopt; and (c) the cause for the change of name, all of
which were lacking in the petition filed before the RTC. 19

11
Not attached to the rollo.
12
See rollo, p. 24.
13
Id. at 51.
14
Id. at 46-52.
15
Id. at 52.
16 Id.
17
See id. at 51.
18
Not attached to the rollo.
19
See id. at 53.

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 Resolution 4 G.R. No. 211724

In an Order20 dated November 14, 2011, the RTC denied the OSG's
motion and reiterated its stance that based on the allegations thereon, the
petition was only for the correction of entry in the records of the NSO. As
petitioner had established compliance with the jurisdictional requirements
therefor, the RTC had thus acquired jurisdiction. 21 Dissatisfied, the OSG
appealed22 to the CA.

The CA Ruling

In a Decision23 dated February 27, 2014, the CA reversed and set

aside the assailed RTC Decision and Order, and nullified the RTC's order
24
for the correction of entry in petitioner's birth certificate. It held that
although petitioner correctly invoked Rule 108 of the Rules of Court in
filing his petition, 25 he, however, failed to strictly comply with the
requirements thereunder when he omitted to implead the Local Civil
Registrar and his half-siblings, who stand to be affected by the corrections
prayed for, as parties. 26 Sections 427 and 528 of Rule 108 of the Rules of
Court require that notice be sent to persons named in the petition, as well as
to those not named thereon but nonetheless may be considered interested or
affected parties. In petitioner's case, his failure to imp lead and notify the
Local Civil Registrar and his half-siblings as mandated by the rules
precluded the RTC from acquiring jurisdiction over the case. 29

Moreover, the CA also found that the correction of entry sought by

petitioner was not merely clerical in nature, but necessarily involved a
determination of his filiation. As petitioner failed to show that his putative
father, Jorge, recognized him as his child through any of the means allowed
under Article 176 of the Family Code, as amended by Republic Act No.
9255, 30 petitioner, therefore, cannot use "Almojuela" as his sumame. 31

Aggrieved, petitioner elevated the matter before the Court through the
instant petition.

20
Id. at 53-54.
21
See id.
22
Not attached to the rollo.
23
Id. at 21-34.
24
Id. at 33-34.
25
Id. at 31.
26
Id. at 32.
27
SEC. 4. Notice and publication. - Upon the filing of the petition, the court shall, by an order, fix the
time and place for the hearing of the same, and cause reasonable notice thereof to be given to the
persons named in the petition. The court shall also cause the order to be published once a week for
three (3) consecutive weeks in a newspaper of general circulation in the province.
28
SEC. 5. Opposition. - The civil registrar and any person having or claiming any interest under the
entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the
petition, or from the last date of publication of such notice, file his opposition thereto.
29
See id. at 32-33.
30
Entitled "AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER,
AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
"F AMIL y CODE OF THE PHILIPPINES," approved on February 24, 2004.
31
See rollo, p. 32.

~
 Resolution 5 G.R. No. 211724

The Issue Before the Court

The sole issue to be resolved by the Court is whether or not the CA

erred in nullifying the correction of entry on petitioner's birth certificate on
the ground of lack of jurisdiction.

The Court's Ruling

The petition is bereft of merit.

Rule 108 of the Rules of Court provides the procedure for the
correction of substantial changes in the civil registry through an appropriate
adversary proceeding. 32 An adversary proceeding is defined as one "having
opposing parties; contested, as distinguished from an ex parte application,
one of which the party seeking relief has given legal warning to the other
33
party, and afforded the latter an opportunity to contest it."

Sections 3, 4, and 5, Rule 108 of the Rules of Court state:

SEC. 3. Parties. - When cancellation or correction of an entry in

the civil register is sought, the civil registrar and all persons who have
or claim any interest which would be affected thereby shall be made
parties to the proceeding.

SEC. 4. Notice and publication. - Upon the filing of the petition,

the court shall, by an order, fix the time and place for the hearing of the
same, and cause reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the order to be
published once a week for three (3) consecutive weeks in a newspaper of
general circulation in the province.

SEC. 5. Opposition. - The civil registrar and any person having

or claiming any interest under the entry whose cancellation or
correction is sought may, within fifteen (15) days from notice of the
petition, or from the last date of publication of such notice, file his
opposition thereto. (Emphases supplied)

A reading of Sections 4 and 5 shows that the Rule mandates two (2)
sets of notices to potential oppositors: one given to persons named in the
petition, and another given to other persons who are not named in the
petition but nonetheless may be considered interested or affected parties. 34
Consequently, the petition for a substantial correction of an entry in the civil
registry should implead as respondents the civil registrar, as well as all other

32
See Republic v. Mercadera, 652 Phil. 195, 210-211 (2010).
33
Republic v. Uy, 716 Phil. 254, 261 (2013); citation omitted.
34
Republic v. Coseteng-Magpayo, 656 Phil. 550, 560 (2011).

~
 Resolution 6 G.R. No. 211724

persons who have or claim to have any interest that would be affected
thereby. 35

In Republic v. Coseteng-Magpayo, 36 the Court emphasized that in a

petition for a substantial correction or change of entry in the civil registry
under Rule 108, it is mandatory that the civil registrar, as well as all other
persons who have or claim to have any interest that would be affected
thereby be made respondents for the reason that they are indispensable
parties. 37 Thus, the Court nullified the order to effect the necessary changes
for respondent's failure to strictly comply with the foregoing procedure laid
down in Rule 108 of the Rules of Court. Citing Labayo-Rowe v. Republic, 38
the Court held therein:

Aside from the Office of the Solicitor General, all other indispensable
parties should have been made respondents. They include not only
the declared father of the child but the child as well, together with the
paternal grandparents, if any, as their hereditary rights would be adversely
affected thereby. All other persons who may be affected by the change
should be notified or represented. The truth is best ascertained under an
adversary system of justice.

The right of the child Victoria to inherit from her parents would be
substantially impaired if her status would be changed from "legitimate" to
"illegitimate." Moreover, she would be exposed to humiliation and
embarrassment resulting from the stigma of an illegitimate filiation that
she will bear thereafter. The fact that the notice of hearing of the petition
was published in a newspaper of general circulation and notice thereof
was served upon the State will not change the nature of the proceedings
taken. Rule 108, like all the other provisions of the Rules of Court, was
promulgated by the Supreme Court pursuant to its rule-making authority
under Section 13, Article VIII of the 1973 Constitution, which directs that
such rules shall not diminish, increase or modify substantive rights. If
Rule 108 were to be extended beyond innocuous or harmless changes or
corrections of errors which are visible to the eye or obvious to the
understanding, so as to comprehend substantial and controversial
alterations concerning citizenship, legitimacy of
paternity or filiation, or legitimacy of marriage, without observing the
proper proceedings as earlier mentioned, said rule would thereby become
an unconstitutional exercise which would tend to increase or modify
substantive rights. This situation is not contemplated under Article 412 of
39
the Civil Code. (Emphases, italics and underscoring supplied)

Similarly, in Republic v. Uy, 40 the Court nullified the trial court's

order to correct respondent's entry for the latter's failure to implead and
notify not only the Local Civil Registrar, but also her parents and siblings as

35
Id. at 558; citation omitted.
36 Id..
37
See id. at 558 and 562-563; citations omitted.
38
250 Phil. 300 (1988).
39
Republic v. Coseteng-Magpayo, supra note 34, at 559, citing Labayo-Rowe v. Republic, id. at 308-309.
40
Republic v. Uy, supra note 33.

~
 Resolution 7 G.R. No. 211724

the persons who have interest and are affected by the changes or corrections
sought. 41

In this case, the CA correctly found that petitioner failed to implead

both the Local Civil Registrar and his half-siblings. 42 Although he claims
that his half-siblings have acknowledged and accepted him, the procedural
rules nonetheless mandate compliance with the requirements in the interest
of fair play and due process and to afford the person concerned the
opportunity to protect his interest if he so chooses. 43

Moreover, although it is true that in certain instances, the Court has

allowed the subsequent publication of a notice of hearing to cure the
petition's lack/failure to implead and notify the affected or interested parties,
such as when: (a) earnest efforts were made by petitioners in bringing to
court all possible interested parties; (b) the parties themselves initiated the
corrections proceedings; (c) there is no actual or presumptive awareness of
the existence of the interested parties; or, (d) when a party is inadvertently
left out, 44 these exceptions are, unfortunately, unavailing in this case.

In sum, the failure to strictly comply with the above-discussed

requirements of Rule I 08 of the Rules of Court for correction of an entry in
the civil registrar involving substantial and controversial alterations renders
the entire proceedings therein null and void. In Republic v. CA, 45 the Court
held that the proceedings of the trial court were null and void for lack of
jurisdiction as the petitioners therein failed to implead the civil registrar, an
indispensable party, in the petition for correction of entry, viz.:

The local civil registrar is thus required to be made a party to the

proceeding. He is an indispensable party, without whom no final
determination of the case can be had. As he was not imp leaded in this case
much less given notice of the proceeding, the decision of the trial court,
insofar as it granted the prayer for the correction of entry, is void. The
absence of an indispensable party in a case renders ineffectual all
proceedings subsequent to the filing of the complaint including the
judgment.

xx xx

The necessary consequence of the failure to implead the civil

registrar as an indispensable party and to give notice by publication
of the petition for correction of entry was to render the proceeding of
the trial court, so far as the corrction of entry was concerned, null and
void for lack of jurisdiction both as to party and as to the subject
matter. 46 (Emphases and underscoring supplied)

41
See id. at 265-266.
42
See rollo, p. 32.
43
See Republic v. Uy, supra note 33, at 265-266.
44
See id.
45
325 Phil. 361 (1996).
46
Id. at 369-370.

~
 Resolution 8 G.R. No. 211724

Consequently, the petition for correction of entry filed by petitioner

must perforce be dismissed.

WHEREFORE, the petition is DENIED. The Decision dated

February 27, 2014 of the Court of Appeals in CA-G.R. CV. No. 98082 is
hereby AFFIRMED. Consequently, the Decision dated October 6, 2011 of
the Regional Trial Court of Virac, Catanduanes, Branch 43 in Spec. Proc.
No. 1345 granting the Petition for Correction of Entry in the Certificate of
Live Birth is NULLIFIED.

SO ORDERED.
JA!l,~
ESTELA MJPERLAS-BERNABE
Associate Justice

WE CONCUR:

MARIA LOURDES P.A. SERENO

Chief Justice
Chairperson

.llJIA.;-) ~~~
fi"R)iSJX J. LEONARDO-DE C~STRO
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article Vlll of the Constitution, I certify that

the conclusions in the above Resolution had been reached in consultation
before the case was assigned to the writer of the opinion of the Court's
Division.

MARIA LOURDES P. A. SERENO

Chief Justice