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
This case involves a petition concerning the correction of the surname of Alrich Paul on his certificate of live birth. The petitioner, Richelle Busque Ordoña, is the mother. The child was registered with the surname “Fulgueras,” presumably from the respondent, Allan D. Fulgueras. The legal proceeding was initiated under Rule 108 of the Rules of Court. A key procedural point is the petitioner’s failure to implead Ariel Libut in the Rule 108 petition, which the opinion notes may limit the available relief.
ISSUE
The primary legal issue addressed in this Separate Concurring and Dissenting Opinion is whether Article 167 of the Family Code, which is interpreted by the majority as absolutely proscribing a mother from impugning the legitimacy of her child, contravenes the constitutional mandate to ensure the fundamental equality before the law of women and men, and whether the Court has a duty to interpret the law in a manner that fulfills this constitutional obligation rather than deferring to the legislature.
RULING
Justice Leonen partially concurs and dissents. He concurs that the failure to implead Ariel Libut may limit the reliefs granted to the petitioner. However, he dissents from the majority’s reading and application of Article 167 of the Family Code. He argues that the constitutional command under Article II, Section 14 of the 1987 Constitution for the State to “ensure the fundamental equality before the law of women and men” imposes an active duty on the Court to interpret statutes in a way that does not perpetuate discrimination against women. He contends that the Court should not uphold an “anachronistic doctrine” that gives fathers a veto power over names and filiation, thereby protecting patriarchy. He emphasizes that the constitutional duty to ensure equality cannot be defeated by a restrictive reading of a statute. Citing jurisprudence like Saudi Arabian Airlines v. Rebesencio and the Magna Carta of Women (Republic Act No. 9710), he asserts that the Court must actively engage in securing women’s equality and should interpret Article 167 in a manner consistent with this mandate, rather than suggesting that the legislature amend the law. Consequently, he votes to PARTIALLY GRANT the petition and directs the Civil Registrar of Pasig City to delete the surname “Fulgueras” and enter “Ordoña” as the child’s surname on the certificate of live birth.