Case Digest (G.R. No. L-29544)
Facts:
Benito Go and Juanito Go v. Civil Registrar of the Municipality of Malabon, Rizal, G.R. No. L-29544; Jose Go, Jr. v. Civil Registrar of Cebu City, G.R. No. L-29637; Demetria Deiparine v. Republic of the Philippines, G.R. No. L-30227; Felicidad Castaneda v. Republic of the Philippines, G.R. No. L-30228; Local Civil Registrar of Manila v. Hon. Luis B. Reyes et al., G.R. No. L-30991; and Republic of the Philippines v. Pilar Capalla, G.R. No. L-31075, May 31, 1971, the Supreme Court En Banc, Per Curiam.
These six separate special proceedings all involved petitions to correct entries in local civil registers (birth certificates). In L-29544 Benito and Juanito Go sought corrections in their birth certificates (family name, citizenship, filiation and birth-order) asserting they were children of a Filipino mother and that the original entries naming them “Go” and “Chinese” were erroneous; the Court of First Instance (CFI) of Rizal denied the petition as involving matters of citizenship and civil status beyond summary correction under Rule 108/Art. 412, prompting appeal.
In L-29637 Jose Go, Jr. petitioned the CFI of Cebu to change his surname, citizenship entry and legitimacy status, alleging his parents were unmarried and that the registries wrongly showed him as “Go,” “Chinese” and “legitimate”; the trial court dismissed the petition as outside Rule 108, and he appealed.
In L-30227 the Solicitor General appealed from a CFI of Cebu order that granted Demetria Deiparine’s petition to correct several of her children’s birth records (nationality and legitimacy entries), the Solicitor General contending such changes implicate substantial matters.
In L-30228 the Solicitor General likewise appealed from a CFI of Cebu judgment granting Felicidad Castaneda (as guardian) a petition to correct her child’s birth certificate to show correct surname, illegitimacy and mother’s civil status.
In L-30991 the Government appealed a CFI of Manila decision that ordered marginal notations on the birth certificates of several children of Natividad Lee to record their illegitimacy and Filipino citizenship; the Solicitor General took the appeal.
In L-31075 the Solicitor General petitioned for review on certiorari from a CFI of Iloilo decision that granted Pilar Capalla’s prayer to correct her children’s nationality entries and her civil status; the petition also sought to cancel an election of Philippine citizenship made by one child. The six matters were consolidated for decision by the Supreme Court because they raised ...(Pro-only)
Issues:
- Under Article 412 of the Civil Code and Rule 108 of the Revised Rules of Court, may a court, in a summary proceeding, order corrections in the civil register that affect civil status, nationality or citizenship, legitimacy or other substantial and controversial matters?
- Were the lower courts correct to grant the petitions in G.R. Nos. L-30227, L-30228, L-30991 and L-31075 and to deny the petitions...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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