G.R. No. 133054 - REPUBLIC OF THE PHILIPPINES, VS. GERSON R. ABADILLA, LUZVIMINDA M. CELESTINO, AND THE MINORS EMERSON C. ABADILLA AND RAFAEL C. ABADILLA, REPRESENTED BY THEIR GUARDIAN AD LITEM LUZVIMINDA M. CELESTINO.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, under the foregoing premises, the Civil Reistrar of San Nicolas, Ilocos Norte is hereby ordered to issue an Amended Birth Certificate and Change an Entry therein by deleting the first name HERSON in the column Name of Father and substitute it with GERSON, and also to delete the entry appearing the column Date of Marriage of Parents and Place of Marriage of Parents and leave it blank, after payment of the required fees. SO ORDERED [5] The instant petition for review on certiorari is now being interposed by the Office of the Solicitor General on the ground that the trial court committed a reversible error when it allowed the deletion of the date and place of marriage of parents from the birth certificates of minors Emerson C. Abadilla and Rafael C. Abadilla but failed to order the change of the minors surname from Abadilla to Celestino. The petition must be granted. There is no dispute that Emerson C. Abadilla and Rafael C. Abadilla are illegitimate children, their parents, Spouses Herson and Luzviminda not being married to each other even up to now. During the birth of Emerson [6] and Rafael [7] , the Family Code [8] was already the governing law and Article 176 of which explicitly provides as follows: Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother , and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one half of the legitime of a legitimate child. Thus, as illegitimate children, Emerson and Rafael should bear the surname of their mother, Luzviminda Celestino. Resultingly, with the correction of the entries in their birth certificates which deleted the entry in the date and place of marriage of parents, the corresponding correction with respect to their surname should have also been made and changed to Celestino, their mothers surname. ACCORDINGLY, in view of the foregoing considerations, the Decision of the Regional Trial Court of Laoag City, Branch 65, dated February 17, 1998 in Spcl. Proc. No. 11114-65 is hereby MODIFIED. The Civil Registrar of San Nicolas, Ilocos Norte is hereby ordered to change the entry in the Amended Birth Certificates of respondent-minors Emerson C. Abadilla and Rafael C. Abadilla with respect to their surname, and enter instead therein the surname Celestino. SO ORDERED.