Facts:
Respondent Julian Edward Emerson was born in Makati City to Fulvio M. Magpayo Jr. and Anna Dominique Marquez-Lim Coseteng who, as respondent’s certificate of live birth shows, contracted marriage on March 26, 1972. Claiming, however, that his parents were never legally married, respondent filed before RTC of Quezon City a petition to change his name to Julian Edward Emerson Marquez-Lim Coseteng. In support of his petition, respondent submitted a certification from the NSO stating that his mother Anna Dominique does not appear in its National Indices of Marriage. Respondent also submitted his academic records from elementary up to college showing that he carried the surname "Coseteng," and the birth certificate of his child where "Coseteng" appears as his surname. Respondent ran and was elected as Quezon City’s Councilor using the name "JULIAN M.L. COSETENG."
Respondent Julian Edward Emerson was born in Makati City to Fulvio M. Magpayo Jr. and Anna Dominique Marquez-Lim Coseteng who, as respondent’s certificate of live birth shows, contracted marriage on March 26, 1972. Claiming, however, that his parents were never legally married, respondent filed before RTC of Quezon City a petition to change his name to Julian Edward Emerson Marquez-Lim Coseteng. In support of his petition, respondent submitted a certification from the NSO stating that his mother Anna Dominique does not appear in its National Indices of Marriage. Respondent also submitted his academic records from elementary up to college showing that he carried the surname "Coseteng," and the birth certificate of his child where "Coseteng" appears as his surname. Respondent ran and was elected as Quezon City’s Councilor using the name "JULIAN M.L. COSETENG."
The RTC granted the petition and ordered the Civil Registrar to:
1. Delete the entry “date and place of marriage” (of parents) in respondent’s live birth certificate
2. Change entry of “Last name” from Magpayo to Coseteng
3. Delete entry of Coseteng from “Middle name”
4. Delete entry of Fulvio Miranda Magpayo Jr in the entry for "Father".
Republic appealed contending that deletion of the entry on the date and place of marriage of respondents parents from his birth certificate has the effect of changing his civil status from legitimate to illegitimate, hence, any change in civil status of a person must be effected through an appropriate adversary proceeding.
1. Delete the entry “date and place of marriage” (of parents) in respondent’s live birth certificate
2. Change entry of “Last name” from Magpayo to Coseteng
3. Delete entry of Coseteng from “Middle name”
4. Delete entry of Fulvio Miranda Magpayo Jr in the entry for "Father".
Republic appealed contending that deletion of the entry on the date and place of marriage of respondents parents from his birth certificate has the effect of changing his civil status from legitimate to illegitimate, hence, any change in civil status of a person must be effected through an appropriate adversary proceeding.
Issues:
1. Was there a valid ground for changing respondent's name?
2. Did respondent file the proper remedy?
2. Did respondent file the proper remedy?
Held:
1. The petition is impressed with merit. A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest. Respondent’s reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however.
The present petition must be differentiated from Alfon v. Republic of the Philippines. In Alfon, the Court allowed the therein petitioner, Estrella Alfon, to use the name that she had been known since childhood in order to avoid confusion. Alfon did not deny her legitimacy, however. She merely sought to use the surname of her mother which she had been using since childhood. Ruling in her favor, the Court held that she was lawfully entitled to use her mother’s surname, adding that the avoidance of confusion was justification enough to allow her to do so. In the present case, however, respondent denies his legitimacy.
2. No. Changes which may affect the civil status from legitimate to illegitimate are substantial and controversial alterations which can only be allowed after appropriate adversary proceedings. Since respondents desired change affects his civil status from legitimate to illegitimate, Rule 108 applies and not Rule 103. Rule 108 clearly directs that a petition which concerns ones civil status should be filed in the civil registry in which the entry is sought to be cancelled or corrected, that of Makati in the present case, and all persons who have or claim any interest which would be affected thereby should be made parties to the proceeding.
As earlier stated, however, the petition of respondent was filed not in Makati where his birth certificate was registered but in Quezon City. And as the above-mentioned title of the petition filed by respondent before the RTC shows, neither the civil registrar of Makati nor his father and mother were made parties thereto.
Even assuming arguendo that respondent had simultaneously availed of these two statutory remedies, respondent cannot be said to have sufficiently complied with Rule 108. For, as reflected above, aside from improper venue, he failed to implead the civil registrar of Makati and all affected parties as respondents in the case.
When a petition for cancellation or correction of an entry in the civil register involves substantial and controversial alterations including those on citizenship, legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the requirements of Rule 108 of the Rules of Court is mandated (Republic vs. Coseteng-Magpayo, G.R. No. 174689, October 22 2007)
The present petition must be differentiated from Alfon v. Republic of the Philippines. In Alfon, the Court allowed the therein petitioner, Estrella Alfon, to use the name that she had been known since childhood in order to avoid confusion. Alfon did not deny her legitimacy, however. She merely sought to use the surname of her mother which she had been using since childhood. Ruling in her favor, the Court held that she was lawfully entitled to use her mother’s surname, adding that the avoidance of confusion was justification enough to allow her to do so. In the present case, however, respondent denies his legitimacy.
2. No. Changes which may affect the civil status from legitimate to illegitimate are substantial and controversial alterations which can only be allowed after appropriate adversary proceedings. Since respondents desired change affects his civil status from legitimate to illegitimate, Rule 108 applies and not Rule 103. Rule 108 clearly directs that a petition which concerns ones civil status should be filed in the civil registry in which the entry is sought to be cancelled or corrected, that of Makati in the present case, and all persons who have or claim any interest which would be affected thereby should be made parties to the proceeding.
As earlier stated, however, the petition of respondent was filed not in Makati where his birth certificate was registered but in Quezon City. And as the above-mentioned title of the petition filed by respondent before the RTC shows, neither the civil registrar of Makati nor his father and mother were made parties thereto.
Even assuming arguendo that respondent had simultaneously availed of these two statutory remedies, respondent cannot be said to have sufficiently complied with Rule 108. For, as reflected above, aside from improper venue, he failed to implead the civil registrar of Makati and all affected parties as respondents in the case.
When a petition for cancellation or correction of an entry in the civil register involves substantial and controversial alterations including those on citizenship, legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the requirements of Rule 108 of the Rules of Court is mandated (Republic vs. Coseteng-Magpayo, G.R. No. 174689, October 22 2007)
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