Case Digest (G.R. No. 186400)
Facts:
In Republic of the Philippines vs. Chule Y. Lim, G.R. No. 153883, decided on January 13, 2004 under the 1987 Constitution, the Republic filed a petition for review on certiorari challenging an adverse decision of the Court of Appeals. Respondent Chule Y. Lim had earlier sought correction of entries in her birth record under Rule 108 of the Rules of Court before the Regional Trial Court of Lanao del Norte, Branch 4 (Sp. Proc. No. 4933). She alleged that her birth on October 29, 1954 at Buru-an, Iligan City was registered in Kauswagan but subsequently transferred to Iligan City with four errors: her surname was rendered as “Yoa” instead of “Yua,” her father’s name was misspelled, her status was marked “legitimate” though her parents never married, and her citizenship was recorded as “Chinese” instead of “Filipino.” The RTC set hearing on December 27, 1999, published notice, and required service on the Solicitor General and the Local Civil Registrar. At the hearing, Lim testified aCase Digest (G.R. No. 186400)
Facts:
- Petition filing and subject matter
- Chule Y. Lim filed a petition under Rule 108 of the Rules of Court (Sp. Proc. No. 4933) with the RTC of Lanao del Norte, Branch 4, seeking correction of her birth records in Kauswagan and Iligan City.
- She alleged four erroneous entries: her surname misspelled “Yoa” instead of “Yua”; her father’s name recorded as “Yo Diu To (Co Tian)” instead of “Yu Dio To (Co Tian)”; her citizenship marked “Chinese” instead of “Filipino”; and her status indicated “legitimate” instead of “illegitimate.”
- Trial proceedings and evidence
- The RTC issued a hearing order, required publication, and notified the Solicitor General and the Iligan City Registrar. At hearing, respondent testified and offered school records, an NBI clearance, and certifications from local registrars showing no record of her parents’ marriage.
- Her mother, Placida Anto, testified that she is Filipina and never married the Chinese father. The Republic, through the City Prosecutor, attended and cross-examined but presented no evidence.
- Lower court decisions and appeal
- On February 22, 2000, the RTC granted the petition and directed corrections of the four entries in the birth records.
- The Court of Appeals, in CA-G.R. CV No. 68893, affirmed the RTC decision. The Republic then petitioned the Supreme Court under Rule 45, assigning two errors.
Issues:
- Whether the Court of Appeals erred in directing the correction of respondent’s citizenship from “Chinese” to “Filipino” despite her alleged failure to comply with constitutional and statutory requirements for election of citizenship.
- Whether the Court of Appeals erred in allowing respondent to continue using her father’s surname despite finding her status to be illegitimate.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)