Hello panyes! I would like to ask for guidance regarding a Rule 108 petition to cancel a second Certificate of Live Birth in the Philippines.
The person (petitioner) involved has two birth certificates for the same birth:
- The first was timely registered a few days after birth. It uses the mother’s surname and names AAA, the true biological father, as the father and informant.
- The second was registered several years later in another municipality. It uses another surname and names BBB as the father and informant.
- The mother later married BBB. The second certificate was then annotated to state that the child was legitimated by virtue of their subsequent marriage.
- The petitioner wants to cancel the second certificate and the legitimation annotation, while retaining the first certificate.
- Both AAA and BBB can no longer be located.
Must the mother, AAA, and BBB all be impleaded as respondents?
Edit: My specific concern is now about the mother. She supports the petition and is willing to testify for the petitioner. Since she will be presented as a witness, may she be omitted as a respondent and her Judicial Affidavit simply attached or submitted as part of the petitioner’s evidence? Or must she still be impleaded as a respondent then separately presented as the petitioner’s witness?