Case Digest (G.R. No. 222095) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Jonna Karla Baguio Barcelote v. Republic of the Philippines, et al. (G.R. No. 222095, August 7, 2017), petitioner Jonna Karla B. Barcelote gave birth out of wedlock to two children—Yohan Grace Barcelote on June 24, 2008, and Joshua Miguel Barcelote on August 24, 2011—in Sibulan, Santa Cruz, Davao del Sur. To avoid stigma and because she did not deliver in a hospital, she failed to register their births. Years later, upon seeking school admission for her first child, she attempted late registration before the Local Civil Registrar of Santa Cruz, which approved Registry Nos. 2012-1344 and 2012-1335. However, the National Statistics Office (NSO) returned a copy of two earlier certificates of live birth filed by respondent Ricky O. Tinitigan—Registry No. 2008-21709 for Avee Kyna Noelle Barcelote Tinitigan (born June 4, 2008) and Registry No. 2011-28329 for Yuhares Jan Barcelote Tinitigan (born August 14, 2011)—both at EUP Family Care Clinic, Holy Cross, Agdao, Davao City, with Ti Case Digest (G.R. No. 222095) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Births and Initial Registrations
- On June 24, 2008, petitioner Jonna Karla B. Barcelote bore an illegitimate child, Yohan Grace Barcelote, with respondent Ricky O. Tinitigan at a relative’s residence in Sibulan, Santa Cruz, Davao del Sur; unregistered at birth.
- On August 24, 2011, Barcelote bore a second illegitimate child, Joshua Miguel Barcelote, with Tinitigan; also unregistered to avoid stigma and criminal exposure.
- Subsequent Late Registration and Discovery of Duplicate Certificates
- Barcelote filed for late registration of both births in Santa Cruz; certificates issued as Registry Nos. 2012-1344 (Yohan Grace) and 2012-1335 (Joshua Miguel).
- Upon submission to the NSO, Barcelote discovered two earlier certificates filed by Tinitigan in Davao City:
- Registry No. 2008-21709: Avee Kyna Noelle Barcelote Tinitigan (June 4, 2008)
- Registry No. 2011-28329: Yuhares Jan Barcelote Tinitigan (August 14, 2011)
- Proceedings Below
- RTC (Feb. 28, 2013): Allowed ex parte evidence, found Tinitigan’s unilateral registrations void for lack of mother’s consent and wrong surname (Family Code art. 176), and ordered cancellation.
- CA (Mar. 5, 2015; Dec. 3, 2015): Reversed RTC, held registrations valid under Act No. 3753, RA 9255 permitted use of father’s surname upon recognition, and dismissed petition for lack of merit.
Issues:
- Whether the CA erred in not cancelling the certificates of live birth registered by Tinitigan, on grounds that:
- Under the Family Code, illegitimate children must use the mother’s surname.
- The certificates contain entries not reflecting true personal circumstances.
- Act No. 3753 requires mother’s signature on an illegitimate child’s birth certificate.
- Cancellation is in the best interest and welfare of the children.
- Whether the CA should have treated the petition for cancellation as a petition for correction under Rule 108, given compliance with procedural requirements.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)