GR 215370 CAguioa (Digest)
G.R. No. 215370, November 9, 2021
RICHELLE BUSQUE ORDOÑA, PETITIONER, VS. THE LOCAL CIVIL REGISTRAR OF PASIG CITY AND ALLAN D. FULGUERAS, RESPONDENTS.
FACTS
Petitioner Richelle Busque Ordoña filed a petition for correction of entries under Rule 108 of the Rules of Court, seeking to change the surname of her child, Alrich Paul Fulgueras, from “Fulgueras” (the surname of Allan V. Fulgueras, the purported father) to her maiden surname. The petition effectively impugns the child’s legitimacy and filiation. The presumed father and petitioner’s legal husband, Ariel O. Libut, was not impleaded in the proceedings.
ISSUE
Whether the petition for correction of entries under Rule 108 can be granted, considering it constitutes a collateral attack on the child’s legitimacy and filiation, which is prohibited by law and jurisprudence.
RULING
The petition must be denied. The concurring opinion, anchored on the ponencia’s denial, provides three main premises:
1. The petition constitutes a collateral attack on the legitimacy and filiation of the child, which is procedurally prohibited as established in Miller v. Miller. Legitimacy and filiation can only be questioned in a direct action seasonably filed by the proper party, not through a Rule 108 petition.
2. Substantively, Article 167 of the Family Code bars the mother (petitioner) from declaring against the legitimacy of her child. Furthermore, Article 170 explicitly grants the right to impugn legitimacy only to the husband or his heirs, categorically precluding the mother from doing so.
3. Even assuming arguendo that such an impugnment were allowed, the petition seeks substantial corrections requiring an adversarial proceeding. This cannot be had in this case due to the failure to implead the indispensable party—the presumed father and legal husband, Ariel O. Libut.
The concurring opinion emphasizes that any perceived unfairness or need to revise provisions like Articles 167, 170, and 171 of the Family Code is a matter for legislative, not judicial, action. The petition is denied without prejudice to the filing of the proper action in the appropriate court.