REPUBLIC OF THE
PHILIPPINES vs. JULIAN EDWARD EMERSON COSETENG-MAGPAYO (A.K.A. JULIAN EDWARD
EMERSON MARQUEZ-LIM COSETENG), G.R. No. 189476, February 2, 2011
“x x x.
Respondent nevertheless
cites Republic v. Capote[1] in
support of his claim that his change of name was effected through an
appropriate adversary proceeding.
The procedure recited in Rule 103 regarding change
of name and in Rule 108 concerning the cancellation or correction of
entries in the civil registry are separate and distinct.
They may not be substituted one for the other for the sole purpose of
expediency. To hold otherwise would
render nugatory the provisions of the Rules of Court allowing the change of
one’s name or the correction of entries in the civil registry only upon
meritorious grounds. . . . (emphasis, capitalization and underscoring supplied)
Even assuming arguendo that respondent had
simultaneously availed of these two statutory remedies, respondent cannot be
said to have sufficiently complied
with Rule 108. For, as reflected above, aside from improper venue, he failed to
implead the civil registrar of Makati and all affected parties as
respondents in the case.
Republic v. Labrador[3] mandates that “a petition for a substantial correction or change of entries in the civil registry
should have as respondents the civil registrar, as well as all other persons who have or claim to have
any interest that would be
affected thereby.” It cannot be
gainsaid that change of status of a
child in relation to his parents is a substantial correction or change of
entry in the civil registry.
Labayo-Rowe[4] highlights the necessity of impleading indispensable
parties in a petition which involves substantial and controversial
alterations. In that case, the therein
petitioner Emperatriz Labayo-Rowe (Emperatriz) filed a petition for the
correction of entries in the birth certificates of her children, Vicente
Miclat, Jr. and Victoria Miclat, in the Civil Registry of San Fernando,
Pampanga. Emperatriz alleged that her
name appearing in the birth certificates is Beatriz, which is her nickname, but
her full name is Emperatriz; and her civil status appearing in the birth
certificate of her daughter Victoria as “married” on “1953 Bulan” are erroneous
because she was not married to Vicente Miclat who was the one who furnished the
data in said birth certificate.
X x x.”
