ROSENDO ALBA, minor, represented by his mother and natural guardian, Armi A. Alba, 1.YES.
1.YES. Whether or not the trial court acquired jurisdiction over the person of
and ARMI A. ALBA, in her personal capacity, petitioners, vs. COURT OF APPEALS and
ROSENDO C. HERRERA, respondents. 465 SCA 495 July 29, 2005
DOCTRINE
Substantial corrections or cancellations of entries in civil registry records affecting the status
or legitimacy of a person may be effected through an institution of a petition with the proper
RTC. It is a proceeding IN REM. Hence, acquisition of jurisdiction over the person is not
required.
FACTS
 Rosendo C. Herrera (private respondent) filed a petition for cancellation of the
following entries in the birth certificate of ROSENDO ALBA HERRERA to wit:
(a) The surname “Herrera” as appended to the name of said child;
(b) The reference to private respondent as the father of Rosendo Alba Herrera
(c) The alleged marriage of private respondent to the child’s mother, Armi Alba on
Aug. 4, 1982.
 Private respondent Herrera claimed that such entries are false and that it was only on
Sept. 1996 that he learned of the existence of the birth certificate.
 On Nov. 27, 1996, the trial ocurt issued an Order setting the petition for hearing and
directed the publication and service of said order to Armi at her address appearing in
the birth certificate which is No. 418, Aquiza St. Ermita, Manila and to the Civil
Registrar of the City of Manila and the SolGen.
 Subsequently, an Amended Order was issued on Feb 26, 1997. A copy of the said
Amended Order was published in “Today,” a newspaper of general circulartion in
Manila. Copies thereof were also sent to Armi’s address in Ermita, Manila; to the
Civil Registrar and to the SolGen.
 On April 1, 1997, RTC rendered a decision which became final and executory—
ordering the deletion of the challenged entries.
o The child’s name shall be ROSENDO ALBA only
o All entries having reference to the private respondent as the father of
petitioner minor shall be DELETED.
 Armi filed a petition for annulment of judgment before the CA on the grounds of
extrinsic fraud and lack of jurisdiction over their person.
o Armi alleged that the decision was only furnished in Feb. 26, 1998 in San
Beda College (Petitioner minor’s highschool).
o She further alleged that she must have been served in her condominium at
Unit 302 Plaza Towers Condominium 1175 Lorenzo Guerrero St., Ermita
Manila.
o That such address indicated on the birth certificate is entered through the
erroneous information given by her sister.
 Private respondent still denied paternity of petitioner minor and his purported
cohabitation with Armi. On appeal, CA dismissed the petition for annulment of
judgment due to lack of proof of employment of fraud. Hence, this petition.
ISSUE/S
1. W/N the court validly acquired jurisdiction over Armi and Rosendo’s person?
2. W/N Rosendo Alba is entitled to use his father’s surname?
HELD/RATIO
petitioner and her minor child depends on the nature of the private respondent’s
action. (whether in personam, in rem or quasi in rem)
 Petitions directed against the thing itself or the res, which concerns the
status of a person, like a petition for adoption annulment of marriage,
correction of entries in the birth certificate, as in the instant case, are
actions in rem.
 In an action in personam, jurisdiction over the person of the defendant is
necessary for the court to validly try and decide the case.
 In a proceeding in rem, or quasi in rem, jurisdiction over the person of the
defendant is not a prerequisite to confer jurisdiction on the court, provided
that the latter has jursidction over the res.
 Jurisdiction over the res is acquired either:
(a) By the seizure of the property under legal process or actual custody
of law
(b) As a result of the institution of legal proceedings which the power of
the court is recognized and made effective.
 In the case at bar, the ifling of the petition for cancellation vested the
latter jurisdiction over the res. Substantial corrections or cancellation of
entries in the civil registry records affecting the status or legitimacy of a
person may be effected through the institution of a petition under Rule
108 of the ROC with the proper RTC.
 Being a proceeding in rem, acquisition of jurisdiction over the person of
petitioner is therefore not required in the present case. It is enough that
the trial court is vested with jurisdiction over the subject matter.
o The service of the order at Armi’s address on the birth
certificate and the Publication thereof in a newspaper of
general circulation in Manila, SUFFICIENTLY
COMPLIED with the requirement of due process.
o The publication of the order is notice to all indispensable
parties which binds the whole world to the judgment that may
be rendered. An in rem proceeding is validated essentially
through publication. Even assuming there is a defect on the
service on Armi’s address, it was cured by publication.
2. NO. Under RA 9255 (which amended Art. 176 of the FC), illegitmate children shall
use the surname of their mother, unless their father recognizes their filiation in
which case they may bear the father’s surname.
 In the present case, it is clear from the allegations of Armi that petitioner
minor is an illegitimate child because she was never married to private
respondent. Considering that the latter strongly asserts that he is not the
father of the petitioner minor, the latter is therefore an unrecognized
illegitimate child. As such, he must bear the surname of his mother.
PETITION IS DISMISSED. HERRERA WON.