Title
Re: Karen Herico Licerio
Case
G.R. No. 208005
Decision Date
Nov 21, 2018
A couple's adoption petition for their minor child faced complications due to dual birth registrations, leading to a Supreme Court ruling allowing an exception to the immutability of judgment doctrine for equitable execution.

Case Digest (G.R. No. 208005)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioners Joel H. Borromeo and Carmen H. Licerio, husband and wife with two legitimate minor children, sought to adopt Karen, the minor illegitimate daughter of Carmen.
    • The petition for adoption was filed before the Regional Trial Court (RTC) of Marikina City on May 26, 2005.
  • RTC Decision Granting Adoption
    • On June 27, 2006, the RTC of Marikina City ruled that the joint adoption of Karen was in her best interest and granted the petition.
    • The decision declared Karen Herico Licerio as the legitimate daughter of the petitioners, renamed her Karen Licerio Borromeo, and ordered the petitioners to submit a certified true copy of the adoption decree and a certificate of finality to the City Civil Registrar of Marikina City within 30 days.
    • It further instructed the City Civil Registrar of Quezon City to:
      • Rectify and annotate the original certificate of birth,
      • Issue a new certificate of birth without notations of amendment,
      • Seal the original certificate in the civil registry, and
      • Submit proof of compliance within 30 days.
  • Registration Conflict in the Civil Registry
    • On July 12, 2006, petitioners discovered that Karen’s birth was registered in both Quezon City and Caloocan City.
    • They were advised that for the proper execution of the June 27, 2006 Decision, the registration in the OCR of Caloocan City had to be cancelled.
  • RTC of Caloocan City’s Ruling on Birth Certificate
    • On May 23, 2012, the RTC of Caloocan City issued an Order directing the correction of entries in Karen’s Certificate of Live Birth.
    • The Order mandated:
      • The correction of Karen’s name (dropping the surname “Torres”), and
      • The correction of the entry stating the marital status of her parents to “not married”.
    • Notably, the RTC did not cancel Karen’s birth registration at the OCR of Caloocan City.
  • Motion to Correct the RTC Adoption Decision
    • Petitioners filed a Motion to Correct on February 19, 2013, seeking to substitute “City Civil Registrar of Quezon City” with “City Civil Registrar of Caloocan City” in the June 27, 2006 Decision.
    • On May 23, 2013, the RTC of Marikina City denied the Motion to Correct, ruling that the June 27, 2006 Decision had become final and executory, rendering it immutable.
    • A subsequent Motion for Reconsideration was also denied on July 1, 2013.
  • Filing of the Petition for Review on Certiorari
    • Despite the aforementioned rulings, petitioners filed a petition for review on certiorari on August 1, 2013.
    • The petitioners contended that:
      • Adoption and correction of entries in the civil registry are classified as special proceedings,
      • Section 6, Rule 39 of the Rules of Court does not apply to such proceedings, and
      • A final judgment may be modified to harmonize with justice and the facts.
    • The Office of the Solicitor General, in its Comment, agreed with the special nature of the proceedings but suggested that a separate suit may be better suited to resolve the issue of the registration conflict.

Issues:

  • Whether the RTC of Marikina City erred in dismissing petitioners’ Motion to Correct the June 27, 2006 Decision on the ground of the finality and immutability of judgment.
  • Whether the doctrine of immutability of judgment should yield to an exception when new facts—specifically, the duplicitous registration of Karen’s birth—render the execution of the decision unjust and impossible.
  • Whether the proper Office of the Civil Registrar (OCR) to enforce the June 27, 2006 Decision should be re-determined in light of the conflicting registrations in Quezon City and Caloocan City.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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