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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1996 Jurisprudence                 

  • G.R. No. 91935 March 4, 1996 - RODOLFO QUIAMBAO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106043 March 4, 1996 - CAGAYAN DE ORO CITY LANDLESS RESIDENTS ASSOCIATION INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109645 March 4, 1996 - ORTIGAS AND COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO, ET AL.

  • G.R. No. 115365 March 4, 1996 - ESMENIO MADLOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118126 March 4, 1996 - TRANS-ASIA SHIPPING LINES v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-94-921 March 5, 1996 - AMPARO A. LACHICA v. ROLANDO A. FLORDELIZA

  • Adm. Matter No. MTJ-94-1009 March 5, 1996 - ALBERTO NALDOZA v. JUAN LAVILLES, JR.

  • G.R. No. 111501 March 5, 1996 - PHIL. FUJI XEROX CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 113930 March 5, 1996 - PAUL G. ROBERTS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115548 March 5, 1996 - STATE INVESTMENT HOUSE INC. v. COURT OF APPEALS

  • Adm. Matter No. P-94-1039 March 6, 1996 - FE ALBANO MADRID v. RAYMUNDO RAMIREZ

  • G.R. Nos. 112858-59 March 6, 1996 - PEOPLE OF THE PHIL. v. RALPHY ALCANTARA, ET AL.

  • G.R. No. 120193 March 6, 1996 - LUIS MALALUAN v. COMMISSION ON ELECTIONS, ET AL.

  • Adm. Case No. CBD-174 March 7, 1996 - GIOVANI M. IGUAL v. ROLANDO S. JAVIER

  • G.R. No. 66555 March 7, 1996 - LEONCIO MEJARES, ET AL. v. JUAN Y. REYES, ET AL.

  • G.R. Nos. 95353-54 March 7, 1996 - PEOPLE OF THE PHIL. v. PAULINO PAT

  • G.R. No. 109390 March 7, 1996 - JGB and ASSOCIATES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112445 March 7, 1996 - PEOPLE OF THE PHIL. v. CARLOS V. PATROLLA, JR.

  • G.R. No. 113710 March 7, 1996 - PEOPLE OF THE PHIL. v. FERDINAND V. JUAN, ET AL.

  • G.R. No. 116011 March 7, 1996 - PEOPLE OF THE PHIL. v. RHODESA B. SILAN

  • G.R. No. 117650 March 7, 1996 - SULPICIO LINES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120905 March 7, 1996 - RENATO U. REYES v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 95260 March 8, 1996 - PEOPLE OF THE PHIL. v. WILFREDO C. PRADO

  • G.R. No. 110983 March 8, 1996 - REYNALDO GARCIA v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2024 March 11, 1996 - SALVADOR T. CASTILLO v. PABLO M. TAGUINES

  • G.R. No. 108625 March 11, 1996 - ALLIANCE OF DEMOCRATIC FREE LABOR ORGANIZATION v. BIENVENIDO LAGUESMA, ET AL.

  • G.R. No. 113194 March 11, 1996 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 119381 March 11, 1996 - MARCOPPER MINING CORPORATION v. JOSE BRILLANTES

  • G.R. No. 96882 March 12, 1996 - EUTIQUIANO PAGARA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109800 March 12, 1996 - PEOPLE OF THE PHIL. v. WILFREDO N. BAUTISTA

  • G.R. No. 114388 March 12, 1996 - PEOPLE OF THE PHIL. v. DOMINGO TRILLES, ET AL.

  • Adm. Matter No. RTJ-94-4-156 March 13, 1996 - IN RE: FERNANDO P. AGDAMAG

  • Adm. Matter No. RTJ-96-1344 March 13, 1996 - VERONICA GONZALES v. LUCAS P. BERSAMIN

  • G.R. No. 101332 March 13, 1996 - PEOPLE OF THE PHIL. v. CLARO BERNAL

  • G.R. No. 101699 March 13, 1996 - BENJAMIN A. SANTOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 104088-89 March 13, 1996 - PEOPLE OF THE PHIL. v. VICENTE JAIN, ET AL

  • G.R. No. 108743 March 13, 1996 - PEOPLE OF THE PHIL. v. ARNALDO B. DONES

  • G.R. No. 112193 March 13, 1996 - JOSE E. ARUEGO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112546 March 13, 1996 - NORTH DAVAO MINING CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119073 March 13, 1996 - PEOPLE OF THE PHIL. v. ALBERTO DIAZ

  • G.R. No. 120223 March 13, 1996 - RAMON Y. ALBA v. DEPUTY OMBUDSMAN, ET AL.

  • G.R. No. 101070 March 14, 1996 - BALAYAN COLLEGES, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102062 March 14, 1996 - PEOPLE OF THE PHIL. v. CAMILO FERRER, ET AL.

  • G.R. No. 104685 March 14, 1996 - SABENA BELGIAN WORLD AIRLINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 119706 March 14, 1996 - PHILIPPINE AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 73592 March 15, 1996 - JOSE CUENCO BORROMEO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 94494 March 15, 1996 - PEOPLE OF THE PHIL. v. DIONISIO C. LAPURA

  • G.R. No. 103695 March 15, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105819 March 15, 1996 - MARILYN L. BERNARDO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 106229-30 March 15, 1996 - LEOVIGILDO ROSALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 108001 March 15, 1996 - SAN MIGUEL CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111651 March 15, 1996 - OSMALIK S. BUSTAMANTE, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115106 March 15, 1996 - ROBERTO L. DEL ROSARIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 114988 March 18, 1996 - CATALINO BONTIA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117667 March 18, 1996 - INLAND TRAILWAYS v. COURT OF APPEALS

  • Adm. Matter No. 94-5-42-MTC March 20, 1996 - QUERY OF JUDGE DANILO M. TENERIFE

  • G.R. No. 102360 March 20, 1996 - ROSITA DOMINGO v. COURT OF APPEALS, ET AL.

  • G.R. No. 111656 March 20, 1996 - MANUEL MANAHAN, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116665 March 20, 1996 - MELQUIADES D. AZCUNA, JR. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 95-1-07-RTC March 21, 1996 - JDF ANOMALY IN THE RTC OF LIGAO, ALBAY

  • Adm. Matter No. 95-10-06-SCC March 27, 1996 - IN RE: DEMASIRA M. BAUTE

  • Adm. Matter No. P-94-1071 March 28, 1996 - ELIZABETH ASUMBRADO v. FRANCISCO R. MACUNO

  • G.R. No. 104386 March 28, 1996 - PEOPLE OF THE PHIL. v. OSCAR L. LEVISTE, ET AL.

  • G.R. No. 121424 March 28, 1996 - IN RE: MAURO P. MAGTIBAY v. VICENTE VINARAO

  • G.R. No. 90215 March 29, 1996 - ERNESTO ZALDARRIAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 94594 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO REDULOSA, ET AL.

  • G.R. Nos. 96178-79 March 29, 1996 - PEOPLE OF THE PHIL. v. EDUARDO ESMAQUILAN

  • G.R. No. 97785 March 29, 1996 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 99259-60 March 29, 1996 - PEOPLE OF THE PHIL. v. EMILIO D. SANTOS

  • G.R. No. 103525 March 29, 1996 - MARCOPPER MINING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104296 March 29, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS

  • G.R. Nos. 106083-84 March 29, 1996 - PEOPLE OF THE PHIL. v. QUINTIN T. GARRAEZ

  • G.R. No. 106600 March 29, 1996 - COSMOS BOTTLING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 109312 March 29, 1996 - PLACIDO MIRANDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 109614-15 March 29, 1996 - PEOPLE OF THE PHIL. v. ADRONICO GREGORIO, ET AL.

  • G.R. No. 112346 March 29, 1996 - EVELYN YONAHA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112457-58 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO CARTUANO, JR.

  • G.R. No. 112678 March 29, 1996 - EDUARDO M . ESPEJO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 112708-09 March 29, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112718 March 29, 1996 - PEOPLE OF THE PHIL. v. VLADIMIR L. CANUZO

  • G.R. Nos. 113519-20 March 29, 1996 - PEOPLE OF THE PHIL. v. DANILO F. PANLILIO

  • G.R. Nos. 114263-64 March 29, 1996 - PEOPLE OF THE PHIL. v. JOHN JENN PORRAS, ET AL.

  • G.R. No. 115988 March 29, 1996 - PEOPLE OF THE PHIL. v. LEO V. LIAN

  • G.R. No. 116734 March 29, 1996 - PEOPLE OF THE PHIL. v. LARRY B. LAURENTE, ET AL.

  • G.R. No. 116792 March 29, 1996 - BANK OF THE PHILIPPINE ISLANDS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117055 March 29, 1996 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117618 March 29, 1996 - VIRGINIA MALINAO v. LUISITO REYES, ET AL.

  • G.R. No. 118509 March 29, 1996 - LIMKETKAI SONS MILLING INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118870 March 29, 1996 - NERISSA Z. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 119193 March 29, 1996 - NEMENCIO GALVEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 120715 March 29, 1996 - FERNANDO R. SAZON v. COURT OF APPEALS, ET AL.

  • G.R. No. 121527 March 29, 1996 - MARCELO L. ONGSITCO, ET AL. v. COURT OF APPEALS, ET AL.

  •  




     
     

    G.R. No. 103695   March 15, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 103695. March 15, 1996.]

    REPUBLIC OF THE PHILIPPINES, Petitioner, v. THE COURT OF APPEALS, JAIME B. CARRANTO, and ZENAIDA P. CARANTO, Respondents.

    The Solicitor General for Petitioner.

    Encarnacion, De Guzman & Associates Law Office for Respondents.


    SYLLABUS


    1. REMEDIAL LAW; SPECIAL PROCEEDINGS; RULE 108 OF THE RULES OF COURT; APPLICABLE IN CASE AT BAR. — With regard to the second assignment of error in the petition, we hold that both the Court of Appeals and the trial court erred in granting private respondents’ prayer for the correction of the name of the child in the civil registry. Contrary to what the trial court thought, Rule 108 of the Rules of Court applies to this case and because its provision was not complied with, the decision of the trial court, insofar as it ordered the correction of the name of the minor, is void and without force or effect. The trial court was clearly in error in holding Rule 108 to be applicable only to the correction of errors concerning the civil status of persons. This case falls under letter" (o)," referring to "changes of name." Indeed, it has been the uniform ruling of this Court that Art. 412 of the Civil Code — to implement which Rule 108 was inserted in the Rules of Court in 1964 — covers "those harmless and innocuous changes, such as correction of a name that is clearly misspelled." Thus, in Yu v. Republic (21 SCRA 1018 [1967]) it was held that "to change ‘Sincio’ to ‘Sencio’ which merely involves the substitution of the first vowel ‘i’ in the first name into the vowel ‘e’ amounts merely to the righting of a clerical error." In Labayo-Rowe v. Republic (168 SCRA 294 [1988]) it was held that "the change of petitioner’s name from Beatriz Labayo/Beatriz Labayu to Emperatriz Labayo is a mere innocuous alteration wherein a summary proceeding is appropriate." Rule 108 thus applies to the present proceeding.

    2. ID.; ID.; ID.; FAILURE TO IMPLEAD THE CIVIL REGISTRAR AS AN INDISPENSABLE PARTY AND TO GIVE NOTICE BY PUBLICATION OF THE PETITION FOR CORRECTION OF ENTRY RENDERS THE PROCEEDING OF THE TRIAL COURT NULL AND VOID; CASE AT BAR. — The local civil registrar is thus required to be made a party to the proceeding. He is an indispensable party, without whom no final determination of the case can be had. As he was not impleaded in this case much less given notice of the proceeding, the decision of the trial court, insofar as it granted the prayer for the correction of entry, is void. The absence of an indispensable party in a case renders ineffectual all the proceedings subsequent to the filing of the complaint including the judgment. Nor was notice of the petition for correction of entry published as required by Rule 108, 4 which reads: 4. Notice and publication. — Upon filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. While there was notice given by publication in this case, it was notice of the petition for adoption made in compliance with Rule 99, 4. In that notice only the prayer for adoption of the minor was stated. Nothing was mentioned that in addition the correction of his name in the civil registry was also being sought. The local civil registrar was thus deprived of notice and, consequently, of the opportunity to be heard. The necessary consequence of the failure to implead the civil registrar as an indispensable party and to give notice by publication of the petition for correction of entry was to render the proceeding of the trial court, so far as the correction of entry was concerned, null and void for lack of jurisdiction both as to party and as to the subject matter.


    D E C I S I O N


    MENDOZA, J.:


    This is a petition for review on certiorari of the decision 1 of the Court of Appeals in CA-G.R. CV No. 24453 which affirmed in toto the decision of Branch XVI of the Regional Trial Court of Cavite City, granting private respondents’ petition for the adoption of Midael C. Mazon with prayer for the correction of the minor’s first name "Midael" to "Michael."cralaw virtua1aw library

    The petition below was filed on September 2, 1988 by private respondents spouses Jaime B. Caranto and Zenaida P. Caranto for the adoption of Midael C. Mazon, then fifteen years old, who had been living with private respondent Jaime B. Caranto since he was seven years old. When private respondents were married on January 19, 1986, the minor Midael C. Mazon stayed with them under their care and custody. Private respondents prayed that judgment be rendered:chanrob1es virtual 1aw library

    a) Declaring the child Midael C. Mazon the child of petitioners for all intents and purposes;

    b) Dissolving the authority vested in the natural parents of the child; and

    c) That the surname of the child be legally change to that of the petitioners and that the first name which was mistakenly registered as "MIDAEL" be corrected to "MICHAEL."cralaw virtua1aw library

    The RTC set the case for hearing on September 21, 1988, giving notice thereof by publication in a newspaper of general circulation in the Province of Cavite and by service of the order upon the Department of Social Welfare and Development and the Office of the Solicitor General.

    The Solicitor General opposed the petition insofar as it sought the correction of the name of the child from "Midael" to "Michael." He argued that although the correction sought concerned only a clerical and innocuous error, it could not be granted because the petition was basically for adoption, not the correction of an entry in the civil registry under Rule 108 of the Rules of Court.

    Thereafter the case was heard during which private respondent Zenaida Caranto, Florentina Mazon (natural mother of the child), and the minor testified. Also presented was Carlina Perez, social worker of the Department of Social Welfare and Development, who endorsed the adoption of the minor, being of the opinion that the same was in the best interest of the child.

    On May 30, 1989, the RTC rendered its decision. The RTC dismissed the opposition of the Solicitor General on the ground that Rule 108 of the Rules of Court (Cancellation or Correction of Entries in the Civil Registry) applies only to the correction of entries concerning the civil status of persons. It cited Rule 108, S1, which provide that "any person interested in an act, event, order or decree concerning the civil status of the persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto." It held that the correction of names in the civil registry is not one of the matters enumerated in Rule 108, S2 as "entries subject to cancellation or correction." According to the trial court, the error could be corrected in the same proceeding for adoption to prevent multiplicity of action and inconvenience to the petitioners.

    The dispositive portion of the RTC decision reads:chanrob1es virtual 1aw library

    WHEREFORE, judgment is hereby rendered granting the herein petition and declaring that:chanrob1es virtual 1aw library

    1. Michael C.Mazon is, for all legal intents and purposes, the son by adoption of petitioners Jaime B. Caranto and Zenaida P. Caranto;

    2. Henceforth, the minor’s name shall be Michael Caranto, in lieu of his original name of Michael Mazon, or Midael Mazon, as appearing in his record of birth;

    3. The Local Civil Registrar of Cavite City, the birthplace of said minor, is hereby directed to accordingly amend (and) correct the birth certificate of said minor; and

    4. This judgment shall retroact to September 2, 1988, the date of filing of the herein petition.

    The Solicitor General appealed to the Court of Appeals reiterating his contention that the correction of names cannot be effected in the same proceeding for adoption. As additional ground for his appeal, he argued that the RTC did not acquire jurisdiction over the case for adoption because in the notice published in the newspaper, the name given was "Michael," instead of "Midael," which is the name of the minor given in his certificate of Live Birth.

    On January 23, 1992, the Court of Appeals affirmed in toto the decision of the RTC. The Court of Appeals ruled that the case of Cruz v. Republic, 2 invoked by the petitioner in support of its plea that the trial court did not acquire jurisdiction over the case, was inapplicable because that case involved a substantial error. Like the trial court, it held that to require the petitioners to file a separate petition for correction of name would entail "additional time and expenses for them as well as for the Government and the Courts" .

    Hence this petition for review. Private respondents were required to comment. Despite opportunity given to them, however, they did not file any comment.

    The first issue is whether on the facts stated, the RTC acquired jurisdiction over the private respondents’ petition for adoption. Petitioner’s contention is that the trial court did not acquire jurisdiction over the petition for adoption because the notice by publication did not state the true name of the minor child. Petitioner invokes the ruling in Cruz v. Republic. 3 There the petition for adoption and the notice published in the newspaper gave the baptismal name of the child ("Rosanna E. Cruz") instead of her name in the record of birth ("Rosanna E. Bucoy"). it was held that this was a "substantial defect in the petition and the published order of hearing." Indeed there was a question of identity involved in that case. Rosanna E. Bucoy, as common experience would indicate.

    The present case is different. It involves an obvious clerical error in the name of the child sought to be adopted. In this case the correction involves merely the substitution of the letters "ch" for the letter "d," so that what appears as "Midael" as given name would read "Michael." Even the Solicitor General admits that the error is a plainly clerical one. Changing the name of the child from "Midael C. Mazon" to "Michael C Mazon" cannot possibly cause any confusion, because both names "can be read and pronounced with the same rhyme (tugma) and tone (tono, tunog, himig)." The purpose of the publication requirement is to give notice so that those who gave any objection to the adoption can make their objection known. That purpose has been served by publication of notice in this case.

    For this reason we hold that the RTC correctly granted the petition for adoption of the minor Midael C. Mazon and the Court of Appeals, in affirming the decision of the trial court, correctly did so.

    With regard to the second assignment of error in the petition, we hold that both the Court of Appeals and the trial court erred in granting private respondents’ prayer for the correction of the name of the child in the civil registry.

    Contrary to what the trial court thought, Rule 108 of the Rules of Court applies to this case and because its provision was not complied with, the decision of the trial court, insofar as it ordered the correction of the name of the minor, is void and without force or effect.

    The trial court was clearly in error in holding Rule 108 to be applicable only to the correction of errors concerning the civil status of persons. Rule 108, S2 plainly states:chanrob1es virtual 1aw library

    2. Entries subject to cancellation or correction. — Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separation; (e) judgments of annulment of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

    This case falls under letter" (o)," referring to "changes of name." Indeed, it has been the uniform ruling of this court that Art. 412 of the Civil Code — to implement which Rule 108 was inserted in the rules of Court in 1964 — covers "those harmless and innocuous changes, such as correction of a name that is clearly misspelled." 4 Thus in Yu v. Republic 5 it was held that "to change ‘Sincio’ to ‘Sencio’ which merely involves the substitution of the first vowel ‘i’ in the first name in to the vowel ‘e’ amounts merely to the righting of a clerical error. "In Labayo-Rowe v. Republic 6 it was held that "the change of petitioner’s name from Beatriz Labayo/Beatriz Labayo to Emperatriz Labayo is a mere innocuous alteration wherein a summary proceeding is appropriate."cralaw virtua1aw library

    Rule 108 thus applies to the present proceeding. Now 3 of this provides:chanrob1es virtual 1aw library

    3. Parties. — When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.

    The local civil registrar is thus required to be made a party to the proceeding. He is an indispensable party without whom no final determination of the case can be had. 7 As he was not impleaded in this case much less given notice of the proceeding, the decision of the trial court, insofar as it granted the prayer for the correction of entry, is void. The absence of an indispensable party in a case renders ineffectual all the proceedings subsequent to the filing of the complaint including the judgment. 8

    Nor was notice of the petition for correction of entry published as required by Rule 108, 4 which reads:chanrob1es virtual 1aw library

    4. Notice and publication. — Upon filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.

    While there was notice given by publication in this case, it was notice of the petition for adoption made in compliance with Rule 99, S4. In that notice only the prayer for adoption of the minor was stated. Nothing was mentioned that in addition the correction of his name in the civil registry was also being sought. The local civil registrar was thus deprived of notice and, consequently, of the opportunity to be heard.

    The necessary consequence of the failure to implead the civil registrar as an indispensable party and to give notice by publication of the petition for correction of entry was to render the proceeding of the trial court, so far as the correction of entry was concerned, null and void for lack of jurisdiction both as to party and as to the subject matter. 9

    WHEREFORE, in view of the foregoing, the decision of the Court of Appeals is MODIFIED by deleting from the decision of the Regional Trial Court the order to the local civil registrar to change the name "MIDAEL" to "MICHAEL" in the birth certificate of the child. In other respects relating to the adoption of Midael C. Mazon, the decision appealed from is AFFIRMED.

    SO ORDERED.

    Regalado, Romero and Puno, JJ., concur.

    Endnotes:



    1. Per Justice Artemon D. Luna and concurred in by Justices Serafin E. Camilon,

    2. 17 SCRA 693 (1966).chairman, and Celso L. Magrino.

    3. Id.

    4. Ansado V. Republic, 102 Phil. 1046 (1958); Barillo v. Republic, 113 Phil. 695 (1961); Tan v. Republic, 114 Phil. 1070 (1962); Yu v. Republic, 21 SCRA 1018 (1967); Labayo-rowe v. Republic, 168 SCRA 294 (1988).

    5. Supra note 4 at 1020

    6. Supra note 4 at 300.

    7. Republic v. Belmonte, 158 SCRA 173 (1988).

    8. Galarosa v. Valencia, 227 SCRA 728 (1992); Espiritu v. Court of Appeals, 58 SCRA 195 (1974).

    9. Lim Tanhu v. Ramolete, 66 SCRA 425 (1975); Director of Lands v. Court of Appeals, 93 SCRA 238 (1974).

    G.R. No. 103695   March 15, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.




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