Case Digest (G.R. No. 222095)
Facts:
In the Matter of Petition for Cancellation of Certificates of Live Birth of Yuhares Jan Barcelote Tinitigan and Avee Kynna Noelle Barcelote Tinitigan, G.R. No. 222095, August 07, 2017, Supreme Court Second Division, Carpio, J., writing for the Court.Petitioner Jonna Karla Baguio Barcelote gave birth to two children out of wedlock with respondent Ricky O. Tinitigan: a child born 24 June 2008 and another on 24 August 2011. Because petitioner delivered outside a hospital and to avoid social consequences, she initially did not register those births; later, when she attempted to register the births in Santa Cruz, Davao del Sur, the Local Civil Registrar there approved late registrations after verifying the National Statistics Office (NSO) had no record.
When petitioner submitted her late registrations to the NSO, she learned that two Certificates of Live Birth already existed in the records of the Local Civil Registrar of Davao City — Registry Nos. 2008-21709 and 2011-28329 — showing the children with the surname “Tinitigan,” born in Davao City, and with Ricky O. Tinitigan as informant. Petitioner alleged these certificates were registered by Tinitigan without her knowledge or consent and contained erroneous entries, and she filed an amended petition in the Regional Trial Court (RTC), Davao City, Branch 15, docketed SPC. PROC. No. 12,007-12, for cancellation of the subject certificates.
The RTC allowed petitioner to present evidence ex parte; petitioner testified that she did not sign or know of the Davao City registrations and that the entries were incorrect. On 28 February 2013 the RTC granted the petition and ordered cancellation of the two Certificates of Live Birth, holding the registrations contravened Act No. 3753, Sec. 5 (requiring the mother’s signature for illegitimate children), and that under Art. 176 of the Family Code illegitimate children shall use the mother’s surname.
The Court of Appeals (CA), in a 5 March 2015 decision, reversed and dismissed the petition, finding the Davao City registrations valid because they were based on a midwife’s certification and did not require the mother’s consent under Act No. 3753, and that under RA 9255 (amending Art. 176) the children could validly use the father’s su...(Pro-only)
Issues:
- Did the Court of Appeals err in refusing to cancel the Certificates of Live Birth of the children and in holding the registrations valid despite the absence of the mother’s signature and the use of the father’s surname?
- Was the CA correct to dismiss the petition on the ground that petitioner should instead have sought correction under Rule 108 and therefore the CA should have treated or dismissed the petition as one ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)