Paternity and Filiation; Rule 108; Cancellation and Correction of Entries

Facts:

 Name appearing in Birth Certificate is “Deandre Luis Dizon Lamboon”

 Father’s Name in the birth certificate appears “Jerwin David Lamboon”
 Father signed the birth certificate.
 Parents are not married.
 Affidavit of Admission of Paternity indicates the name of the child as “Ashanti Marithe Delgado
Arugay” signed by father.

SUBSTANTIVE

Article 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this code.

Article 176. Illegitimate children shall use the surname and shall be under the parental authority of
their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been expressly recognized by the father through
the record of birth appearing in the civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has the right to institute an action
before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child
shall consist of one-half of the legitime of a legitimate child.

What is the effect of admission of filiation? What happens if there is a faulty admission of filiation? The
name is in the birth certificate..

PROCEDURAL

Rule 108

- Substantial changes or correction of entries in the civil register

Steps

1. Petition for Cancellation

2. Court order fixing date and place of Hearing
3. Publication of court order at least 1 X 3 in a newspaper of general circulation, with reasonable
notice given to persons named in the petition.
4. Filing of opposition by: (1) Civil Registrar, (2) any person having/claiming interest under the
entry whose cancellation or correction is sought, within 15 days from notice of the petition or
from the last date of publication
5. Hearing on the petition
6. Judgment granting or denying the petition

Who may file petition – any person interested

Where – RTC where the civil registrar is located

Republic vs. Valencia, G.R. No. L-32181

In re: Cesar Yu vs. Civil Registrar of Manila, G.R. No. L-36478

Parties to be impleaded

(1) Civil Registrat

(2) All persons who have or claim to have any interest which would be affected by the grant of the
petition and would render the proceedings and the judgment void (Republic vs Coseteng-
Magpayo, G.R. No. 189746, February 2, 2011)