Case Digest (G.R. No. 133054)
Facts:
Gerson R. Abadilla and Luzviminda M. Celestino lived together as husband and wife without the benefit of marriage. During their cohabitation, Luzviminda gave birth to two children, Emerson C. Abadilla (born October 18, 1989) and Rafael C. Abadilla (born July 28, 1992). On the Certificates of Birth for both children, their surname was recorded as "Abadilla," the father's name was erroneously entered as "Herson Abadilla," and the date and place of marriage of the parents were stated as June 19, 1987, at Dingras, Ilocos Norte, despite the fact that the couple was not legally married. On February 5, 1997, Gerson, Luzviminda, and their minor children filed an Amended Petition for Correction/Cancellation of Entries with the Regional Trial Court (RTC) of Laoag City, Branch 65. They sought to correct the first name of the father in the birth certificates from "Herson" to "Gerson" and to delete the entries concerning the date and place of parents' marriage. During the hearing, both parenCase Digest (G.R. No. 133054)
Facts:
Parties Involved:
- Petitioner: Republic of the Philippines, represented by the Office of the Solicitor General.
- Respondents: Gerson R. Abadilla, Luzviminda M. Celestino, and their minor children Emerson C. Abadilla and Rafael C. Abadilla, represented by their guardian ad litem Luzviminda M. Celestino.
Background:
- Gerson Abadilla and Luzviminda Celestino have been living together as husband and wife without the benefit of marriage. During their cohabitation, Luzviminda gave birth to two children, Emerson (born October 18, 1989) and Rafael (born July 28, 1992).
- In the Certificates of Birth of Emerson and Rafael, the children were registered with the surname "Abadilla," and the name of their father was entered as "Herson" Abadilla. The date and place of marriage of the parents were also entered as June 19, 1987, at Dingras, Ilocos Norte.
Petition Filed:
- On February 5, 1997, Gerson Abadilla, Luzviminda Celestino, and their two minor children filed an Amended Petition for Correction/Cancellation of Entries with the Regional Trial Court (RTC) of Laoag City, Branch 65. They sought to:
- Delete the entries regarding the date and place of marriage of Gerson Abadilla and Luzviminda Celestino from the birth certificates of Emerson and Rafael.
- Correct the first name of Gerson Abadilla from "Herson" to "Gerson" in the birth certificates.
Trial Court Decision:
- On February 17, 1998, the RTC granted the petition and ordered the Civil Registrar of San Nicolas, Ilocos Norte, to:
- Delete the first name "Herson" and replace it with "Gerson" in the "Name of Father" column.
- Delete the entries in the "Date of Marriage of Parents" and "Place of Marriage of Parents" columns, leaving them blank.
Issues:
- Primary Issue: Whether the trial court committed a reversible error by allowing the deletion of the "date and place of marriage of parents" from the birth certificates of Emerson and Rafael but failing to order the change of the minors' surname from "Abadilla" to "Celestino."
- Sub-Issue: Whether the minors, being illegitimate children, should bear the surname of their mother, Luzviminda Celestino, as mandated by Article 176 of the Family Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court modified the RTC's decision, ordering the Civil Registrar to change the surname of Emerson and Rafael from "Abadilla" to "Celestino" in their birth certificates, in accordance with Article 176 of the Family Code.