Case Digest (G.R. No. 243288)
Facts:
In 2014, Dr. Ruben C. Bartolome, a resident of Parañaque City, filed before the Regional Trial Court (RTC), Branch 258, a petition under Rule 103 of the Rules of Court to change his name from “Feliciano Bartholome” as shown in his birth certificate to “Ruben Cruz Bartolome,” alleging he had used that name since childhood. He submitted his Doctor of Medicine diploma (1965), CSC Certificate for Medical Examiners (1965), PRC ID (1968), marriage contract (1968), Philippine passport (2010), Senior Citizens ID (2002), and NBI clearance (2011), all bearing “Ruben C. Bartolome.” Although the Office of the Solicitor General and the Parañaque City Prosecutor’s Office were notified, the State did not oppose or present evidence, nor were petitioner’s father and siblings impleaded. The RTC denied the petition for failure to exhaust administrative remedies (Rule 103 for first name should yield to R.A. 9048), improper venue for surname correction (should be filed in Manila under Rule 108), and...Case Digest (G.R. No. 243288)
Facts:
- Petition for Change of Name
- In 2014, petitioner Dr. Ruben C. Bartolome, resident of Parañaque City, filed a petition under Rule 103 before RTC, Branch 258, seeking to correct his birth certificate entry from “Feliciano Bartholome” to “Ruben Cruz Bartolome.”
- He presented documents bearing the name “Ruben C. Bartolome”:
- Doctor of Medicine Diploma (May 18, 1965)
- CSC Certificate for Medical Examiners Physician (Dec. 6, 1965)
- PRC ID No. 0030981 (Dec. 6, 1968)
- Marriage Contract No. 894-2-68 (May 18, 1968)
- Philippine Passport No. EB 1611302 (Dec. 23, 2010)
- Senior Citizens ID Card No. 2006661 (Dec. 11, 2002)
- NBI Clearance No. 15050159 (Nov. 25, 2011)
- State’s Participation and Impleadment
- The Office of the Solicitor General was notified; the Parañaque City Prosecutor was deputized but filed no motion, comment, or evidence.
- Petitioner’s father and siblings were not impleaded in the proceedings.
- RTC Decision (Oct. 21, 2015)
- Denied petition for:
- Failure to exhaust administrative remedies (R.A. 9048) for first name change
- Insufficiency of evidence to prove habitual and continuous use of “Ruben C. Bartolome” since childhood
- Improper venue for surname correction (Rule 108 places venue in Manila)
- CA Decision (Apr. 26, 2018; Nov. 26, 2018)
- Denied petitioner’s appeal: held that both first name and surname spelling corrections fall under R.A. 9048, not Rule 103.
- Found petitioner failed to prove family usage of “Bartolome.”
- Motion for reconsideration was likewise denied.
Issues:
- Proper Procedural Remedy
- Whether petitioner’s request to change first name, include middle name, and correct surname spelling in his birth certificate should be filed under R.A. 9048 (as amended by R.A. 10172), Rule 103, or Rule 108 of the Rules of Court.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)