74. REPUBLIC OF THE PHILIPPINES, Petitioner, vs. JULIAN EDWARD EMERSON COSETENG-MAGPAYO (A.K.A.

JULIAN EDWARD EMERSON MARQUEZ-LIM COSETENG), Respondent.

[G.R. No. 189476, February 2, 2011, CARPIO MORALES, J.:]
TOPIC: PERSONS ENTRIES IN THE CIVIL REGISTER
DOCTRINE: 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 of the Rules of Court is mandated. In this case Respondent Julian denies
his legitimacy in his petition to change his last name Magpayo to Coseteng.
FACTS:
1. Born in Makati on September 9, 1972, Julian Edward Emerson Coseteng Magpayo (respondent)
a. son of Fulvio M. Magpayo Jr. and Anna Dominique Marquez-Lim Coseteng who, as respondents
certificate of live birth shows, contracted marriage on March 26, 1972.
b. His parents were never legally married
2. Julian filed a Petition to change his name to Julian Edward Emerson Marquez Lim Coseteng. In support of his
petition he submitted the following:
a. a certification from the National Statistics Office stating that his mother Anna Dominique "does not appear
in [its] National Indices of Marriage."
b. He also his academic records from elementary up to college 3 showing that he carried the surname
"Coseteng," and
c. the birth certificate of his child where "Coseteng" appears as his surname
3. In the 1998, 2001 and 2004 Elections, respondent ran and was elected as Councilor of Quezon Citys 3rd District
using the name "JULIAN M.L. COSETENG."
4. On order of Branch 77 of the Quezon City RTC, respondent amended his petition by alleging therein compliance
with the 3-year residency requirement under Section 2, Rule 103 of the Rules of Court
a. notice setting the petition for hearing on November 20, 2008 was published in the newspaper Broadside
b. No opposition to the petition having been filed, an order of general default was entered by the trial court
which then allowed respondent to present evidence ex parte
5. TC granted the petition and directed the Civil Registrar of Makati City to:
1. Delete the entry "March 26, 1972" in Item 24 for "DATE AND PLACE OF MARRIAGE OF PARTIES" [in herein
respondents Certificate of live Birth];
2. Correct the entry "MAGPAYO" in the space for the Last Name of the [respondent] to "COSETENG";
3. Delete the entry "COSETENG" in the space for Middle Name of the [respondent]; and
4. Delete the entry "Fulvio Miranda Magpayo, Jr." in the space for FATHER of the [respondent]
6. Republic of the Philippines (Republic) filed a motion for reconsideration but it was denied by the trial court by
Order of July 2, 2009,
ISSUE: Whether the petition filed by Julian Coseteng involves a change in his civil status from legitimate to illegitimate;
thus it should be in an adversarial proceeding.
HELD: Rule 108 applies, substantial change involved. Civil status of Julian would be affected; the proceeding
should be adversarial.
1. A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds
including:
a. when the name is ridiculous, dishonorable or extremely difficult to write or pronounce
b. when the change results as a legal consequence such as legitimation;
c. when the change will avoid confusion; (d) when one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien parentage;
d. a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without
prejudicing anybody
e. when the surname causes embarrassment and there is no showing that the desired change of name was
for a fraudulent purpose or that the change of name would prejudice public interest.
2. The reason of Julian was not one of the grounds considered. In his case he denies his legitimacy.
a. Rule 108 applies.
SECTION 1. Who may file petition.Any person interested in any act, event, order or decree concerning the civil status
of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of
any entry relating thereto, with the [RTC] of the province where the corresponding civil registry is located.
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SEC. 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.
SEC. 4. Notice and publication. Upon the 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.

3. Labayo-Rowe v. Republic: changes which may affect the civil status from legitimate to illegitimate . . .
are substantial and controversial alterations which can only be allowed after appropriate adversary proceedings . .
."
4. Rule 108 clearly directs that a petition which concerns ones civil status should be filed in the civil
registry in which the entry is sought to be cancelled or corrected that of Makati in the present case, and
"all persons who have or claim any interest which would be affected thereby" should be made parties to the
proceeding.
a. The procedure recited in Rule 103] regarding change of name and in Rule 108 concerning the
cancellation or correction of entries in the civil registry are separate and distinct. They may not be
substituted one for the other for the sole purpose of expediency. To hold otherwise would render nugatory
the provisions of the Rules of Court allowing the change of ones name or the correction of entries in the
civil registry only upon meritorious grounds
5. The petition would still fail if he use Rule 108 due to improper venue
a. Republic v. Labrador: a petition for a substantial correction or change of entries in the civil registry should
have as respondents the civil registrar, as well as all other persons who have or claim to have any interest