G.R. No. 228509 - Daquioag vs. Office of the Ombudsman

On October 21, 1996, Rosendo C. Herrera filed a petition under Rule 108, RRC, to cancel the entries in the birth certificate of “Rosendo Alba Herrera, Jr.” challenging:

The surname “Herrera” appended to the child’s name;
The reference to Herrera as the father; and
The alleged marriage (August 4, 1982) to the child’s mother, Armi A. Alba (“Armi”).

He alleged he never married Armi nor fathered the child, presenting certifications from the Civil Registrar of Mandaluyong City and the National Statistics Office showing no marriage record.

November 27, 1996 – RTC of Manila, Branch 37 set hearing (Jan 24, 1997), ordered publication in a Manila newspaper for three weeks, and directed service on Armi at No. 418 Arquiza St., Ermita, Manila.
January 13, 1997 – Amended Order moved hearing to Feb 26, 1997; published Jan 20, 27 & Feb 3; service attempt on Armi at the address failed (she no longer resided there).
February 26, 1997 hearing – only the Solicitor General appeared; Armi absent.
April 1, 1997 decision (final June 2, 1997) ordered deletion of the surname, marriage entry; August 11, 1997 order amended decretal portion to include deletion of the father’s name.

November 24, 2000 – Armi and the minor filed a petition for annulment of judgment in the CA, alleging extrinsic fraud and lack of jurisdiction over their persons, claiming they first learned of the RTC decision in Feb 1998 via San Beda College notice.
They asserted Herrera knew Armi’s actual address (Unit 302, Plaza Towers Condominium, 1175 L. Guerrero St.) from their prior cohabitation (1982–1988) and support until 1998; evidence offered included:

February 27, 2004 – CA dismissed the annulment petition for lack of extrinsic fraud and proper service; May 14, 2004 – motion for reconsideration denied. Petitioner filed certiorari under Rule 65 before the SC.

Whether the RTC acquired jurisdiction over Armi and the minor in a petition for correction of entries.
Whether service by publication and at the address in the birth certificate satisfied due process.

Whether Herrera fraudulently concealed knowledge of Armi’s true address to prevent her appearance.
Whether the evidence sufficiently proved Herrera’s knowledge and intent.

Whether annulment of the RTC decision would produce any concrete relief.
Whether the minor’s surname must revert to “Alba” under Article 176, Family Code.