- Petitioner
- Ordona
- Respondent
- Fulgueras
- Citation
- G.R. No. 215370
- Court
- Supreme Court
- Decided
- November 9, 2021
Petition for correction of entries in child's birth certificate to change surname from father's to mother's maiden name and delete paternal…
Summary
Richelle Ordoña, while legally married to Ariel Libut, had a relationship with Allan Fulgueras in UAE and gave birth to son Alrich Paul. The child's birth certificate listed Allan as father. Petitioner filed a Rule 108 petition to correct entries by changing the child's surname to her maiden name and deleting paternal information. The RTC denied the petition, treating the child as illegitimate of Allan. The Court of Appeals reversed, declaring the child legitimate to Ariel under the presumption of legitimacy. The Supreme Court dismissed the petition entirely, ruling that legitimacy cannot be collaterally attacked in Rule 108 proceedings and that only the husband can impugn legitimacy. The Court highlighted gender discrimination in current law, noting mothers cannot challenge legitimacy even with personal knowledge of circumstances, and called for legislative reform consistent with CEDAW obligations.