Case Digest (G.R. No. 221277)
Facts:
Eduardo Santos v. Republic of the Philippines, G.R. No. 221277, March 18, 2021, First Division, Carandang, J., writing for the Court.Petitioner Eduardo Santos filed on August 9, 2011 a petition under Rule 108 of the Rules of Court for correction of entries and cancellation of annotation in his certificate of live birth (COLB). He sought to change his surname from "Cu" to "Santos," his nationality from "Chinese" to "Filipino," his filiation from "legitimate" to "illegitimate," and his mother's civil status from "married" to "single." The Local Civil Registrar of Manila, the National Statistics Office, and other persons who might be affected were impleaded; the Office of the Solicitor General (OSG) was notified.
Eduardo alleged he was born in Manila on June 10, 1952 to a Chinese father, Nga Cu Lay, and a Filipino mother, Juana Santos, who were not legally married; that the midwife erroneously recorded entries in the COLB; that he had always used his mother's surname; and that he later elected Philippine citizenship. He presented his Election of Philippine Citizenship, Oath of Allegiance, his mother’s notarized affidavit denying marriage to his father, death certificates, his COLB, voting records, and other documents.
The Regional Trial Court (RTC), Branch 32, Manila, granted the petition on February 22, 2013, ordering corrections to Eduardo’s COLB to reflect the surname "Santos," filiation "illegitimate," nationality "Filipino," and his mother's civil status "single." The RTC found publication requirements satisfied and rejected the public prosecutor’s hearsay objection.
The Court of Appeals (CA) partly reversed on April 20, 2015: it declared Eduardo to be a Filipino citizen but held his surname remained "Cu" and that he was legitimately the child of Nga Cu Lay; the CA gave weight to the COLB and applied presumptions in the Civil Code and Family Code (Articles 170–172). The CA denied reconsideration in a Resolution dated October 13, 2015.
Eduardo filed a petition for review on certiorari under Rule 45 to the Supreme Court, c...(Pro-only)
Issues:
- Did petitioner comply with the procedural requirements of a Rule 108 petition (impleading all persons having or claiming an interest and publication) so that the trial court could grant the substantial corrections sought in the COLB?
- On the merits, may Eduardo impugn his legitimacy and claim Filipino citizenship by a single petition for correctio...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)