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    Glenn Miller V. Joan Miller

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    Grezyl Amores
    Glenn Miller filed a petition to correct the surname of Joan Miller y Espenida on her birth certificate from Miller to Espenida, claiming she was not an acknowledged illegitimate child of John Miller. However, the court ruled that changing the surname would substantially affect Joan's filiation and identity. Legitimacy and filiation can only be questioned through a direct action under Article 171 of the Family Code, not through a collateral attack to correct clerical entries under Rule 108. The court affirmed the lower court's decision allowing Joan to continue using the surname Miller.

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    Glenn Miller V. Joan Miller

    Uploaded by

    Grezyl Amores
    89 views1 page
    Glenn Miller filed a petition to correct the surname of Joan Miller y Espenida on her birth certificate from Miller to Espenida, claiming she was not an acknowledged illegitimate child of John Miller. However, the court ruled that changing the surname would substantially affect Joan's filiation and identity. Legitimacy and filiation can only be questioned through a direct action under Article 171 of the Family Code, not through a collateral attack to correct clerical entries under Rule 108. The court affirmed the lower court's decision allowing Joan to continue using the surname Miller.

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    13-GLENN-MILLER-V.-JOAN-MILLER

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    Glenn Miller filed a petition to correct the surname of Joan Miller y Espenida on her birth certificate from Miller to Espenida, claiming she was not an acknowledged illegitimate child of John Miller. However, the court ruled that changing the surname would substantially affect Joan's filiation and identity. Legitimacy and filiation can only be questioned through a direct action under Article 171 of the Family Code, not through a collateral attack to correct clerical entries under Rule 108. The court affirmed the lower court's decision allowing Joan to continue using the surname Miller.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views1 page

    Glenn Miller V. Joan Miller

    Uploaded by

    Grezyl Amores
    Glenn Miller filed a petition to correct the surname of Joan Miller y Espenida on her birth certificate from Miller to Espenida, claiming she was not an acknowledged illegitimate child of John Miller. However, the court ruled that changing the surname would substantially affect Joan's filiation and identity. Legitimacy and filiation can only be questioned through a direct action under Article 171 of the Family Code, not through a collateral attack to correct clerical entries under Rule 108. The court affirmed the lower court's decision allowing Joan to continue using the surname Miller.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    GLENN MILLER V.

    JOAN MILLER

    Facts:
    John Miller and Beatriz Marcaida were married. They bore four children, namely: Glenn, Charles, Betty
    and John Jr. After John’s death, a Joan Miller, through her mother, Lennie Espenida filed before the RTC
    a petition for Partition and Accounting for John’s estate. Alleging that she is John’s illegitimate child with
    Lenni. Joan presented her certificate of live birth. Glenn filed a separate petition praying that Joan’s
    certificate of Live Birth be cancelled. With it, he also prayed that the LCR be directed to replace Joan’s
    surname Miller with Espenida, and that Joan shall use Espenida instead of Miller in all official
    documents.
    In proving that Joan is the illegitimate child of John, she showed a birth certificate unsigned by John,
    showed that he openly and continuously recognized her as his child during his lifetime, that she grow up
    in his ranch and that John financed her studies and that in his holographic will, he left Joan 1/8 share of
    his estate.
    Issues:
    WON CA erred in affirming the RTC’s Judgment allowing private respondent Joan Miller y Espenida to
    continue using the surname Miller.

    Ruling:
    This Court stresses that Glenn's initiatory pleading before the RTC is a Petition for Correction of Entries
    in the Certificate of Live Birth of Joan Miller y Espenida. This type of petition is governed by Rule 108 of
    the Rules of Court.
    Here, petitioners sought the correction of private respondent's surname in her birth certificate registered as
    Local Civil Registrar No. 825. They want her to use her mother's surname, Espenida, instead of Miller,
    claiming that she was not an acknowledged illegitimate child of John.
    What petitioners seek is not a mere clerical change. It is not a simple matter of correcting a single letter in
    private respondent's surname due to a misspelling. Rather, private respondent's filiation will be gravely
    affected, as changing her surname from Miller to Espenida will also change her status. This will affect not
    only her identity, but her successional rights as well. Certainly, this change is substantial.
    In Braza v. The City Civil Registrar of Himamaylan City, Negros Occidental, this Court emphasized that
    "legitimacy and filiation can be questioned only in a direct action seasonably filed by the proper party,
    and not through collateral attack. Moreover, impugning the legitimacy of a child is governed by Article
    171 of the Family Code, not Rule 108 of the Rules of Court.

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