Case Digest (G.R. No. 153829)
Facts:
Petitioners Ma. Cristina Torres Braza, together with her children Paolo Josef T. Braza and Janelle Ann T. Braza, sued the City Civil Registrar of Himamaylan City to correct the birth entry of minor Patrick Alvin Titular Braza. Ma. Cristina married Pablo Sicad Braza, Jr. on January 4, 1978, and they had three children: Paolo Josef (May 8, 1978), Gian Carlo (June 4, 1980) and Janelle Ann (June 7, 1983). Pablo died in a vehicular accident on April 15, 2002, in Indonesia. During his wake in the Philippines, respondent Lucille Celestial Titular introduced Patrick as her and Pablo’s son. Petitioners obtained Patrick’s birth certificate from the Local Civil Registrar of Himamaylan City, which showed: birth on January 1, 1996 to Lucille Celestial Titular and “Pablito S. Braza”; late registration on January 13, 1997; acknowledgment by the father; and legitimation by the parents’ supposed marriage on April 22, 1998 at Manila, after which the child’s surname became “Braza.” They also securCase Digest (G.R. No. 153829)
Facts:
- Marriage and Issue of Ma. Cristina Torres and Pablo Sicad Braza, Jr.
- Ma. Cristina Torres and Pablo Sicad Braza, Jr. were married on January 4, 1978.
- They bore three children:
- Paolo Josef T. Braza (born May 8, 1978)
- Gian Carlo Braza (born June 4, 1980)
- Janelle Ann T. Braza (born June 7, 1983)
- Death of Pablo Sicad Braza, Jr.
- Pablo died on April 15, 2002, in a vehicular accident in Bandung, West Java, Indonesia.
- During the wake following repatriation of his remains, Lucille C. Titular introduced Patrick Alvin Titular Braza as her and Pablo’s son.
- Registration and Late Registration of Patrick Alvin Titular Braza
- Patrick’s birth certificate (Local Civil Registrar, Himamaylan City) reflects:
- Name: Patrick Alvin Celestial Titular
- Date of Birth: January 1, 1996; Mother: Lucille Celestial Titular; Father: Pablito S. Braza
- Date Received: January 13, 1997 (“Late Registration”)
- Annotation: “Acknowledged by the father Pablito Braza on January 13, 1997”
- Remark: “Legitimated by virtue of subsequent marriage of parents on April 22, 1998 at Manila; henceforth known as Patrick Alvin Titular Braza”
- Lucille and Pablo’s purported marriage contract dated April 22, 1998, in Manila was obtained by Ma. Cristina.
- Petition for Correction of Entry
- On December 23, 2005, Ma. Cristina and her co-petitioners filed before the Regional Trial Court of Himamaylan City a petition under Rule 108 to:
- Correct Patrick’s birth record entries as to legitimation, father’s name, paternal acknowledgment, and surname “Braza.”
- Order guardians Leon, Cecilia, and Lucille Titular to submit Patrick to DNA testing.
- Declare the legitimation of Patrick null and void and the Lucille–Pablo marriage bigamous.
- On September 6, 2007, the trial court dismissed the petition without prejudice for lack of jurisdiction over marriage nullity, legitimacy, and DNA testing. The motion for reconsideration was denied on November 29, 2007.
Issues:
- Jurisdiction under Rule 108 of the Rules of Court
- Whether a special proceeding for correction of entries in the civil register may include annulment of marriage and impugnment of legitimacy.
- Whether the trial court may order DNA testing of a minor in a Rule 108 proceeding.
- Proper Procedural Remedy and Forum
- Whether petitioners’ main cause of action is merely correction of birth entries or nullity of marriage and impugnment of filiation.
- Which procedural rules govern: Rule 108 vs. A.M. No. 02-11-10-SC (nullity of marriage) and Article 171, Family Code (impugnment of filiation).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)