Case Digest (G.R. No. 211724)
Facts:
The case involves Felipe C. Almojuela (petitioner) and the Republic of the Philippines (respondent). Felipe C. Almojuela, born on February 25, 1950, in Pandan, Catanduanes, discovered that his birth certificate from the National Statistics Office (NSO) incorrectly registered him as "Felipe Condeno." For nearly sixty years, he had been using the surname "Almojuela," which he claimed was the surname of his acknowledged natural father, Jorge V. Almojuela, a former governor of Catanduanes, and his mother, Francisca B. Condeno. Despite his parents not being married, Felipe had consistently used the surname "Almojuela" in all official documents, including school records, government service documents, and his marriage contract.
In response to the discrepancy, Felipe filed a Petition for Correction of Entry in the Regional Trial Court (RTC) of Virac, Catanduanes, under Spec. Proc. No. 1345. Initially, the RTC dismissed the petition, stating that the m...
Case Digest (G.R. No. 211724)
Facts:
Background of the Case
- Petitioner Felipe C. Almojuela had been using the surname "Almojuela" for almost 60 years. However, upon requesting a copy of his birth certificate from the National Statistics Office (NSO), he discovered that he was registered as "Felipe Condeno."
Petitioner's Allegations
- Petitioner claimed to be the acknowledged natural child of Jorge V. Almojuela, a former governor of Catanduanes, and Francisca B. Condeno, both deceased. Although his parents did not marry, he had been using the surname "Almojuela" in all official and legal documents, including school records, government service records, and his Philippine passport.
Initial RTC Decision
- Petitioner filed a Petition for Correction of Entry in his NSO birth certificate before the Regional Trial Court (RTC) of Virac, Catanduanes. The RTC initially dismissed the petition, ruling that it involved a matter of filiation, which should be addressed under Rule 103 of the Rules of Court, not Rule 108.
RTC Reconsideration
- Petitioner moved for reconsideration, arguing that he was only seeking a correction of entry to include the surname "Almojuela." The RTC reconsidered and allowed petitioner to present evidence.
Discovery of Discrepancy
- During the proceedings, it was discovered that petitioner's name in the Book of Births of the Municipal Civil Registrar of Pandan, Catanduanes, was "Felipe Condeno," not "Felipe C. Almojuela," contrary to petitioner's claim.
RTC Final Decision
- The RTC granted the petition, ordering the correction of petitioner's surname from "Condeno" to "Almojuela" in his birth certificate. The court found that the change would not prejudice the Almojuela family and would avoid confusion in petitioner's personal and community affairs.
Republic's Appeal
- The Republic of the Philippines, through the Office of the Solicitor General (OSG), appealed to the Court of Appeals (CA), arguing lack of jurisdiction due to defective publication and failure to implead necessary parties.
Issue:
- The sole issue before the Court was whether the CA erred in nullifying the correction of entry on petitioner's birth certificate on the ground of lack of jurisdiction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- The Supreme Court affirmed the CA's decision, nullifying the RTC's order for the correction of entry in petitioner's birth certificate. The petition was dismissed for failure to comply with the procedural requirements of Rule 108.