Case Digest (G.R. No. 215370)
Facts:
Petitioner Richelle Busque Ordona filed a verified petition under Rule 108 to correct the Certificate of Live Birth of her son Alrich Paul, seeking to change his surname from "Fulgueras" to "Ordona" and to delete paternal entries and an Affidavit of Acknowledgment she alleged was not signed by Allan D. Fulgueras. The Regional Trial Court denied the petition; the Court of Appeals reversed and ordered the civil registrar to enter the surname "Libut" (petitioner’s husband Ariel O. Libut) and disregard the Affidavit; petitioner sought review before the Supreme Court.
Issues:
- May a mother collaterally attack her child's legitimacy and filiation in a petition under Rule 108?
- Does Article 164 and Article 167 of the Family Code, and Articles 166, 170, 171, bar the mother from impugning the child's legitimacy?
- Did the petition comply with Sections 3 and 4, Rule 108 by impleading and giving notice to indispensable parties, particularly Ariel O. Libut?
Ruling:
The Court DENIED the petition for review. It REVERSED and SET ASIDE the Court of Appeals Decision and entered judgment DISMISSING the verified petition for correction of entries in the Certificate of Live Birth of Alrich Paul.
Ratio:
The Court held that legitimacy and filiation cannot be collaterally attacked in a Rule 108 petition and that substantial corrections affecting filiation require an appropriate adversarial proceeding; it relied on precedents such as Miller v. Miller and Braza v. The City Civil Registrar of Himamaylan City, Negros Occ. The Court emphasized the quasi-conclusive presumption of legitimacy under Article 164 and Article 167, which may be rebutted only by the proper parties and in the manner and within the periods prescribed by Articles 166, 170 and 171. Procedurally, the petition failed Sections 3 and 4, Rule 108 because petitioner did not implead or show notice to Ariel O. Libut, an indispensable party, and did not establish any exception to the requirement of service despite publication.
Doctrine:
- Rule 108 may not be used to collaterally attack legitimacy or filiation; such matters require a direct action by the proper parties.
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