Case Digest (G.R. No. 186027)
Facts:
The Republic of the Philippines appealed from the December 9, 2008 Decision of the Court of Appeals affirming the September 28, 2005 Order of the Regional Trial Court, Branch 8, Dipolog City, which granted Merlyn Mercadera's petition filed June 6, 2005 through her attorney-in-fact Evelyn M. Oga under Rule 108 to correct her given name in her Certificate of Live Birth from "Marilyn" to "Merlyn." Mercadera had sought administrative relief under Republic Act No. 9048 but the Local Civil Registrar declined to act, prompting the Rule 108 petition; the Office of the Solicitor General entered appearance and later appealed, contesting the use of Rule 108 and the admission of photocopies and testimony.Issues:
- Was the petition properly filed under Rule 108 or should it have been prosecuted as a change of name under Rule 103 and Article 376 of the Civil Code?
- Did the trial court err in admitting photocopies and the testimony of Oga as evidence?
Ruling:
The Supreme Court affirmed the Case Digest (G.R. No. 186027)
Facts:
- Parties and relief sought
- REPUBLIC OF THE PHILIPPINES (Petitioner) through the Office of the Solicitor General entered appeal and later filed the petition for review.
- MERLYN MERCADERA (Respondent) sought correction of her given name in her Certificate of Live Birth from "Marilyn" to "Merlyn."
- EVELYN M. OGA acted as Attorney‑in‑Fact for MERLYN MERCADERA in the proceedings before the civil registrar and the courts.
- Administrative attempt under statute and refusal by the local registrar
- On June 6, 2005, Mercadera petitioned the Office of the Local Civil Registrar of Dipolog City for correction pursuant to Republic Act No. 9048.
- The Local Civil Registrar refused to act, stating the registrar was not permanently appointed and therefore would not validly effect the correction under Republic Act No. 9048.
- Judicial filing and Rule invoked
- Mercadera filed a Petition for Correction of Some Entries as Appearing in the Certificate of Live Birth under Rule 108 of the Rules of Court before the Regional Trial Court (RTC) of Dipolog City, Branch 8, docketed as Special Proceedings No. R‑3427 (SP No. R‑3427).
- The petition invoked Section 2, Rule 108, which enumerates entries subject to cancellation or correction and specifically includes "changes of name" among entries that may be corrected.
- RTC procedural steps and notices
- The RTC issued an order dated June 10, 2005, finding the petition sufficient in form and substance and setting hearing on July 26, 2005; it ordered publication once a week for three consecutive weeks and required copies to be furnished to the Office of the Solicitor General and local bulletin boards.
- The Office of the Solicitor General (OSG) entered appearance for the Republic only on the day of the scheduled hearing, prompting the RTC to reset the hearing to September 5, 2005.
- Trial court evidence receipt and documentary proof
- No opposition appeared at the September 5, 2005 hearing; counsel for Mercadera moved for leave to present evidence ex parte and, with no objection from the City Prosecutor, the RTC designated the branch clerk of court to receive evidence for Mercadera.
- On September 15, 2005, testimony of Oga and photocopies of documents were offered; on September 26, 2005, the RTC admitted Exhibits "A" to "I" and submarkings.
- Documentary evidence and testimony showed: (a) Mercadera was born August 19, 1970 in Dipolog City to Tirso U. Mercadera and Norma C. Lacquiao; (b) birth was reported on September 8, 1970 and recorded in the registry; (c) the civil registry certification dated May 9, 2005 showed the given name as "Marilyn" (Exhibit "C"); (d) baptismal certificate dated September 29, 1979 showed the name "Merlyn" (Exhibit "D"); (e) elementary, high school, and college diplomas uniformly showed "Merlyn L. Mercadera" (Exhibits...(Subscriber-Only)
Issues:
- Procedural categorization and proper remedy
- Whether the petition filed by Mercadera to correct her given name in the civil register properly fell under Rule 108 or whether the remedy for changing a given name was exclusively under Rule 103 pursuant to Article 376 of the Civil Code.
- Nature and effect of the alteration sought
- Whether the conversion of the recorded given name from "MARILYN" to "MERLYN" constituted a mere clerical or innocuous error subject to correction under Rule 108, or a substantive change of name requiring the adversarial and publication requirements of Rule 103.
- Admissibility and probative value of evidence
- Whether the RTC and the CA erred in admitting photocopies of documentary evidence and the testimony of Oga (secondary/hearsay evidence), and whether such evidence sufficed ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)