MA. LOURDES BARRIENTOS ELEOSIDA, for and in behalf of her minor child, CHARLES CHRISTIAN ELEOSIDA, petitioner, vs. LOCAL CIVIL REGISTRAR OF QUEZON CITY, and CARLOS VILLENA BORBON, respondents.
This is a petition for review on certiorari of the Order1 of the Regional Trial Court of Quezon City, Branch 89, which dismissed motu proprio the petition of Ma. Lourdes Eleosida to correct some entries in the birth certificate of her son, Charles Christian. The birth certificate shows, among others, that the child's full name is Charles Christian Eleosida Borbon. He was born on May 24, 1992 to Ma. Lourdes Barrientos Eleosida and Carlos Villena Borbon. The birth certificate also indicates that the child's parents were married on January 10, 1985 in Batangas City.2
On January 30, 1997, petitioner Ma. Lourdes Eleosida filed a petition before the Regional Trial Court of Quezon City seeking to correct the following entries in the birth certificate of her son, Charles Christian: first, the surname "Borbon" should be changed to "Eleosida;" second, the date of the parents' wedding should be left blank; and third, the informant's name should be "Ma. Lourdes B. Eleosida," instead of "Ma. Lourdes E. Borbon." In support of her petition, petitioner alleged that she gave birth to her son out of wedlock on May 24, 1992; that she and the boy's father, Carlos Borbon, were never married; and that the child is therefore illegitimate and should follow the mother's surname. The petition impleaded the Local Registrar of Quezon City and Carlos Villena Borbon as respondents.3
On April 23, 1997, the trial court issued a notice of hearing stating:
"Verified petition having been filed by petitioner Ma. Lourdes Barrientos Eleosida, praying that the entries in the Certificate of Live Birth of her minor child, Charles Christian Eleosida Borbon, be changed and/or corrected, such that, his last name BORBON be deleted and instead place therein the name ELEOSIDA,