Republic vs. Uy
Republic vs. Uy
Republic vs. Uy
Uy
Facts:
On February 18, 2011, the CA affirmed in toto the RTC Order. The CA held that
respondent’s failure to implead other indispensable parties was cured upon the
publication of the Order setting the case for hearing in a newspaper of general
circulation for three (3) consecutive weeks and by serving a copy of the notice to the
Local Civil Registrar, the OSG and the City Prosecutor’s Office.
Issue:
Whether or not failure to implead the indispensable parties is cured through publication.
Ruling: No. When a petition for cancellation or correction of an entry in the civil register
involves substantial and controversial alterations, including those on citizenship,
legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the
requirements of Rule 108 ofthe Rules of Court is mandated.44 If the entries in the civil
register could be corrected or changed through mere summary proceedings and not
through appropriate action wherein all parties who may be affected by the entries are
notified or represented, the door to fraud or other mischief would be set open, the
consequence of which might be detrimental and far reaching.
It has been settled in a number of cases starting with Republic v. Valencia20 that even
substantial errors in a civil registry may be corrected and the true facts established
provided the parties aggrieved by the error avail themselves of the appropriate
adversary proceeding.21 The pronouncement of the Court in that case is illuminating:
It is undoubtedly true that if the subject matter of a petition is not for the correction of
clerical errors of a harmless and innocuous nature, but one involving nationality or
citizenship, which is indisputably substantial as well as controverted, affirmative relief
cannot be granted in a proceeding summary in nature. However, it is also true that a
right in law may be enforced and a wrong may be remedied as long as the appropriate
remedy is used. This Court adheres to the principle that even substantial errors in a civil
registry may be corrected and the true facts established provided the parties aggrieved
by the error avail themselves of the appropriate adversary proceeding.
What is meant by “appropriate adversary proceeding?” Black’s Law Dictionary defines
“adversary proceeding” as follows: