Case Digest (G.R. No. L-32600)
Facts:
Republic of the Philippines v. Hon. Feliciano Belmonte, Judge of the Court of First Instance of Baguio and Benguet and Anita Po alias Veronica Pao, G.R. No. L-32600, February 26, 1988, Supreme Court First Division, Gancayco, J., writing for the Court.On August 28, 1968, Anita Po alias Veronica Pao (then a 16‑year‑old minor assisted by her mother) filed Special Proceeding No. 642 in the Court of First Instance of Baguio and Benguet seeking to change her name from Anita Po to Veronica Pao and to correct entries in her birth record: her father’s name from “Po Yu” to “Pao Yu,” and her mother’s name from “Pakiat Chan” to “Helen Chan.” She alleged the discrepancies resulted from common misunderstandings in the spelling of Chinese names, that she had been baptized as Veronica Pao, and that she had always been known by that name.
At the hearing on March 4, 1969 the Office of the Solicitor General (acting for the Republic) opposed the petition. The OSG argued that a petition for change of name is governed by Rule 103 of the Rules of Court, while correction or cancellation of civil‑registry entries falls under Rule 108, and that the requirements of Rule 108 (including joinder of the civil registrar and all persons whose interest would be affected) were not met. The OSG further contended that the requested corrections affected the very identity of the petitioner’s parents and thus required a more adversarial proceeding than the summary change‑of‑name case.
In a Decision dated July 24, 1969, the trial court — with Judge Feliciano Belmonte presiding — granted the petition: it allowed the change of name to Veronica Pao and ordered the corrections in the Local Civil Registrar of La Trinidad, Benguet. The Republic, through the Office of the Solicitor General, elevated the matter to the Supreme Court by way of a petition challenging the trial court’s disposition. The Solicitor General framed two issues: (1) whether the private respondent had presented a proper and re...(Subscriber-Only)
Issues:
- Did Anita Po alias Veronica Pao present a proper and reasonable cause for the change of her name?
- May the names “Po Yu” and “Pakiat Chan” appearing in the petitioner’s birth certificate be corrected in the same proceeding instituted for the change of th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)