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    Republic v. Dr. Norma Lugsanay-Uy

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    Lulu Rodriguez
    This case involved a petition filed by Dr. Anita Sy to correct entries in her birth certificate regarding her name, status, and citizenship. The trial court granted the petition but the Court of Appeals affirmed. The Supreme Court reversed, holding that the petition was dismissible for failure to implead indispensable parties like her parents and siblings, as required by Rule 108. Proper notice and opportunity to be heard must be given to all interested parties affected by substantial changes to entries regarding legitimacy and citizenship. By not notifying her family, the petitioner failed to comply with requirements of fair play and due process.

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    Republic v. Dr. Norma Lugsanay-Uy

    Uploaded by

    Lulu Rodriguez
    98 views2 pages
    This case involved a petition filed by Dr. Anita Sy to correct entries in her birth certificate regarding her name, status, and citizenship. The trial court granted the petition but the Court of Appeals affirmed. The Supreme Court reversed, holding that the petition was dismissible for failure to implead indispensable parties like her parents and siblings, as required by Rule 108. Proper notice and opportunity to be heard must be given to all interested parties affected by substantial changes to entries regarding legitimacy and citizenship. By not notifying her family, the petitioner failed to comply with requirements of fair play and due process.

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    21. REPUBLIC V. DR. NORMA LUGSANAY-UY.docx

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    This case involved a petition filed by Dr. Anita Sy to correct entries in her birth certificate regarding her name, status, and citizenship. The trial court granted the petition but the Court of Appeals affirmed. The Supreme Court reversed, holding that the petition was dismissible for failure to implead indispensable parties like her parents and siblings, as required by Rule 108. Proper notice and opportunity to be heard must be given to all interested parties affected by substantial changes to entries regarding legitimacy and citizenship. By not notifying her family, the petitioner failed to comply with requirements of fair play and due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    98 views2 pages

    Republic v. Dr. Norma Lugsanay-Uy

    Uploaded by

    Lulu Rodriguez
    This case involved a petition filed by Dr. Anita Sy to correct entries in her birth certificate regarding her name, status, and citizenship. The trial court granted the petition but the Court of Appeals affirmed. The Supreme Court reversed, holding that the petition was dismissible for failure to implead indispensable parties like her parents and siblings, as required by Rule 108. Proper notice and opportunity to be heard must be given to all interested parties affected by substantial changes to entries regarding legitimacy and citizenship. By not notifying her family, the petitioner failed to comply with requirements of fair play and due process.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC V. DR.

    NORMA LUGSANAY-UY
    G.R. No. 198010
    August 12, 2013

    FACTS:

     Dr. Anita Sy filed a Petition for Correction of Entry in her Birth


    Certificate. She impleaded as respondent the Local Registrar of
    Gingoog City. In her petition, she asked that her name, Anita Sy be
    changed to Norma S. Lagunay, her status be changed from legitimate
    to illegitimate, and her citizenship from Chinese to Filipino, contending
    that her parents were never married and her siblings bear the surname
    Lugsanay and are all Filipinos. 

     After Anita Sy’s compliance with requirement of publication in a newspaper


    of general circulation of the notice of hearing of the said petition, the
    RTC granted the same.

     On appeal, CA affirmed RTC’s judgment on the ground 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 the petition dismissible for failure to implead the


    indispensable parties?

    HELD:

    Yes. 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.

    Sections 4 and 5 of Rule 108 of the Rules of Court shows that the
    Rules mandate two sets of notices to different potential oppositor: one given
    to the persons named in the petition and another given to other persons who
    are not named in the petition but nonetheless may be considered interested
    or affected parties.
    Summons must, therefore, be served not for the purpose of vesting
    the
    courtsjurisdiction but to comply with the requirements of fair play and due pr
    ocess to afford the personconcerned the opportunity to protect his interest if
    he so chooses. In this case, Anita Sy should have impleaded and notified not
    only the Local Civil Registrar but also her parents and siblings as the persons
    who have interest and are affected by the changes or corrections respondent
    wanted to make, in compliance with Rule 108, Rules of Court.

    WHEREFORE, premises considered, the petition is hereby GRANTED.


    Consequently, the June 28, 2004 Order of the Regional Trial Court, Branch
    27, Gingoog City, in Spl. Proc. No. 230-2004 granting the Petition for
    Correction of Entry of Certificate of Live Birth filed by respondent Dr. Norma
    S. Lugsanay Uy, is NULLIFIED.

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