Case Digest (G.R. No. L-21316)
Facts:
Ceferina V. David v. Republic of the Philippines, G.R. No. L-21316, November 29, 1965, the Supreme Court En Banc, Bautista Angelo, J., writing for the Court.
Petitioner Ceferina V. David filed on September 21, 1962 before the Court of First Instance of Manila a petition to correct alleged errors in the birth certificate of her son, then filed with the Manila Civil Registrar. By the petition she sought (a) to change the child’s name from Raul Sabile to Raul David; (b) to delete the name of the father shown in the certificate; (c) to change her own name as shown from Ceferina D. Sabile to Ceferina V. David; and (d) to delete the place and date of marriage because no such marriage existed.
The Civil Registrar of Manila opposed the petition by answer filed September 24, 1962, arguing that the alleged error was not apparent on the face of the record, that the entries sought to be changed were substantial and controversial, and that the proper remedy was an appropriate adversary proceeding rather than a petition under Article 412 of the Civil Code. After hearing, the Court of First Instance denied petitioner’s petition on the ground that the corrections sought were substantial in nature and could not be effected under Article 412.
Petitioner elevated the matter to this Court, asserting that her requested corrections fell within the scope of Article 412 and invoking this Court’s prior decision in Roces v. The Local Civil Registrar of Manila (Feb. 14, 1958). The factual record before the trial court showed that the birth was registered on October 28, 1960, information had been supplied by petitioner’s grandmother (now deceased) and by petitioner he...(Pro-only)
Issues:
- May the corrections petitioner seeks in her son’s birth certificate be made under Article 412 of the Civil Code (i.e., are they clerical errors correctable by petition)?
- Does this case fall within the scope of Roces v. The Local Civil Registrar of Manila so as to permit corre...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)