Case Digest (G.R. No. L-9203)
Facts:
Alberto T. Chomi v. The Local Civil Registrar of Manila, G.R. No. L-9203, September 28, 1956, the Supreme Court En Banc, Labrador, J., writing for the Court.Petitioner Alberto T. Chomi filed a petition to change and correct his birth entry (Register No. 3873) in the Civil Registry of Manila. The entry, as recorded, gave his name and his father's name in one form (the register showed the child's name as Apolinario/Apolinario Arellano and the father's name as Celerino/Celerino Arellano), while petitioner alleged his correct name to be Alberto Arellano Chomi and his father's true name Celerino Arellano Chomi. The petition sought alteration of the civil-registry entry to reflect those names.
The Solicitor General opposed the petition, contending that the changes petitioner sought were substantive changes of name, not mere clerical corrections, and thus could not be accomplished under the remedy invoked (correction of the civil register) but required a special proceeding under Act No. 1386 in relation to Rule 103 of the Rules of Court; the Solicitor General specifically relied on the limitation that only clerical mistakes are correctable under Article 412 of the New Civil Code.
The case was tried before the Court of First Instance (trial court), which sustained the Solicitor General’s opposition and denied petitioner’s petition; the trial court likewise denied petitioner’s motion for reconsideration. Petitioner appealed to the Supreme Court.
At trial petitioner introduced evidence that he was born June 1, 1916 and that his birth was duly registered (Register No. 3873); that the registration data were furnished by Dr. Rebecca Parish of Mary Johnston Hospital (Exhibit “D”); and that Pedro Batungbakal testified petitioner is the son of Celerino Arellano Chomi and Sotera Tan, that petitioner was baptized at Tondo Catholic Church with the name Alberto, and that he had since been know...(Pro-only)
Issues:
- May petitioner obtain the changes he seeks in his birth entry by the ordinary petition to change or correct the civil register, or is the remedy limited to clerical corrections under Article 412 of the New Civil Code?
- Does petitioner’s baptismal use of the name “Alberto” and the omission of the surname “Chomi” from the civil register operate to change his legal name, or is a special proceeding under Act No. 1386/Rule ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)