G.R. No. 138496 - Co vs. Civil Register of Manila

Case Digest (G.R. No. 138496)
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Facts:

Background of Petitioners and Parentage

Hubert Tan Co was born on March 23, 1974, and his sister, Arlene Tan Co, was born on May 19, 1975.
Their certificates of birth indicate that their parents, Co Boon Peng and Lourdes Vihong K. Tan, are Chinese citizens.

Naturalization of Father

Co Boon Peng filed an application for Philippine naturalization under Letter of Instruction (LOI) No. 270.
His application was granted, and he was conferred Filipino citizenship by Presidential Decree (P.D.) No. 1055.
On February 15, 1977, the Chairman of the Committee on Naturalization issued Certificate of Naturalization No. 020778 in favor of Co Boon Peng.
On the same day, Co Boon Peng took his oath of allegiance to the Republic of the Philippines.

Educational Background of Petitioners

Hubert and Arlene completed their college degrees in architecture and accountancy, respectively, at Philippine institutions.

Petition for Correction of Birth Certificates

On August 27, 1998, the petitioners filed a petition under Rule 108 of the Rules of Court with the Regional Trial Court (RTC) of Manila to correct the entries on their birth certificates concerning their father’s citizenship.
They alleged:

They were born in the Philippines and are legitimate children of Co Boon Peng.
Their father was originally a Chinese citizen at the time of their birth, hence the entries in their birth certificates.
Their father was naturalized as a Filipino citizen in 1977 under P.D. No. 1055 and took his oath of allegiance.
Under Section 15 of Commonwealth Act No. 473 (as amended by CA No. 535), minor children of naturalized citizens born in the Philippines are also considered Filipino citizens by derivative naturalization.
The naturalization of their father is an act affecting their civil status, and therefore the birth certificates should be corrected to reflect Filipino citizenship for Co Boon Peng instead of Chinese citizenship pursuant to Article 407 of the New Civil Code (NCC).

Ruling of the Regional Trial Court

On September 23, 1998, RTC Branch 26 dismissed the petition outright on the ground that the naturalization was under LOI No. 270 and not under CA No. 473, which, in the RTC’s view, did not grant derivative citizenship to minor children of naturalized persons under LOI No. 270.
The petitioners moved for reconsideration, arguing that LOI No. 270 and CA No. 473 should be read together as pari materia statutes with the same purpose and objective and that the benefit under Section 15 of CA No. 473 should also apply to naturalizations under LOI No. 270.
The RTC denied the motion on April 27, 1999, holding that:

CA No. 473 and LOI No. 270 are separate laws with different effects.
Section 15 of CA No. 473 expressly extends derivative citizenship to minor children, while LOI No. 270 contains no such provision.
The strict construction rule for legislative grants applies, favoring the grantor and denying extension of benefits not expressly provided.
Therefore, Section 15 of CA No. 473 should not be incorporated into LOI No. 270.

Arguments Before the Supreme Court

Petitioners contended that:

LOI No. 270 and CA No. 473 should be construed together since both aim to grant citizenship to deserving aliens.
Section 15 of CA No. 473 should be read into LOI No. 270 by reason of their pari materia relation.
Paragraph 4-A of LOI No. 270, which allows applicants and their families to adopt Filipino names, indicates an intent to confer citizenship benefits on families, including minor children.
No express repeal of Section 15 of CA No. 473 occurred; hence, its benefits should be presumed to continue under LOI No. 270.
The naturalization of their father is an event affecting their civil status and should be reflected in the civil register.

The Solicitor General argued that:

LOI No. 270 and CA No. 473 are distinct laws and not in pari materia.
CA No. 473 pertains to judicial naturalization; LOI No. 270 pertains to naturalization by presidential decree.
The naturalization of the father does not ipso facto extend citizenship to minor children under LOI No. 270.
Article 407 of the Civil Code and Rule 108 cannot be used to circumvent strict compliance with naturalization laws.
The correction of certificates of birth under Rule 108 must reflect facts existing at or before birth; naturalization occurring later cannot be the basis for correction.

Issues:

Whether LOI No. 270 and Commonwealth Act No. 473 are in pari materia and should be construed together so that the benefit of derivative citizenship under Section 15 of CA No. 473 extends to naturalizations under LOI No. 270.

Whether the minor children of a person naturalized under LOI No. 270 are considered Filipino citizens under the derivative naturalization principle embodied in Section 15 of CA No. 473.

Whether the naturalization of the father during the petitioners’ minority constitutes an act affecting their civil status that warrants correction of entries in their birth certificates under Article 407 of the Civil Code and Rule 108 of the Rules of Court.

Whether the Regional Trial Court erred in dismissing outright the petition for correction of birth certificates without allowing proper proceedings under Rule 108.

Ruling:

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Ratio:

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Doctrine:

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Case Digest (G.R. No. 138496)
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