Facts:

• On December 9, 1980, Antoinette Faye Yu Gaw, a minor, represented by her father Philip L. Gaw, filed Civil Case No. R-19962 in the Court of First Instance of Cebu.
• The case was against the Republic of the Philippines, the Commission on Immigration and Deportation, the Local Civil Registrar of Cebu City, and Perpetual Succour Hospital.
• The petition sought a judicial declaration of Antoinette as a Filipino citizen and a correction of her parents' citizenship from Chinese to Filipino on her Certificate of Live Birth.
• Antoinette was born on June 6, 1980, at Perpetual Succour Hospital in Cebu City.
• Her parents, Philip and Marilou A. Yu Gaw, are both Filipino citizens by birth.
• Due to a hospital staff error, her parents' nationalities were incorrectly recorded as Chinese on the birth certificate.
• The Local Civil Registrar claimed the complaint was unauthorized and contrary to existing jurisprudence, citing the case of Tan vs. Republic.
• In October 1981, the Local Civil Registrar filed a motion to dismiss, which was opposed by Antoinette.
• The respondent Judge denied the motion to dismiss on November 24, 1981, stating the court's role was to determine and correct errors.
• The Local Civil Registrar sought a writ of certiorari to challenge the Judge's orders and requested a preliminary injunction to halt the trial.

Issue:

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Ruling:

• The Supreme Court granted the writ of certiorari, nullified the orders of the respondent Judge dated November 24, 1981, December 4, 1981, and December 18, 1981, and dismisse...(Unlock)

Ratio:

• The Court ruled that Philippine law does not provide for a judicial declaration of citizenship, referencing Republic of the Philippines vs. Hon. Manolo L. Maddela.
• Correction of civil registry entries, as per Article 412 of the Civil Code and Rule 108 of the Rules of Court, is limited to clerical errors and does not cover substan...continue reading