Case Digest (G.R. No. L-28520)
Case Digest (G.R. No. L-28520)
Facts:
In Re: Petition for Correction of Name in the Civil Registry of Manila, G.R. No. L-28520, January 17, 1985, Supreme Court First Division, Relova, J., writing for the Court. The petition below arose from Civil Case No. 70128 in the Court of First Instance of Manila, where Saturnina V. Vda. de Castro (petitioner-appellee) sought correction of her son’s birth record so that the name appearing as George F. Castro would be changed to Ramon V. Castro; the petition alleged the child was born August 31, 1946 at St. Luke’s Hospital and was known and used the name Ramon V. Castro in private and official transactions, while alternative names Ramon George Castro, Jr. and George F. Castro had been proposed at birth and the latter was erroneously recorded in the civil register.The trial court granted the petition, declaring that Ramon V. Castro, Ramon George Castro, Jr. and George F. Castro were one and the same person and ordering the Civil Registrar of the City of Manila to change the name in the birth record. The Court of First Instance served copies of the petition on the Solicitor General and the Civil Registrar of Manila; the Republic of the Philippines, through the Solicitor General, opposed the petition arguing that corrections under Article 412 of the Civil Code are limited to clerical mistakes and do not permit substantial alterations affecting identity or civil status, citing Ty Kong Tin v. Republic, Lui Lin v. Nuno, and other precedents.
The Republic appealed the trial court’s judgment to the Supreme Court by direct appeal on points of law. No temporary restraining orders or amici curiae are mentioned in the record before the Court. The appeal raised the question whether the summary proceedings under Article 412 could be used to effect the change of name ordered by the trial court.
Issues:
- May a trial court properly order correction of a birth certificate under Article 412 of the Civil Code to change the name of the person when the change is substantial and affects identity?
- If Article 412 is inapplicable, what is the proper procedural remedy for changing a person’s name on the civil register?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)