Case Summary (G.R. No. 181174)
Petitioners
Ma. Cristina Torres Braza, Paolo Josef T. Braza and Janelle Ann T. Braza.
Respondents
City Civil Registrar of Himamaylan City; Patrick Alvin Titular Braza represented by his guardians Leon, Cecilia and Lucille Titular.
Key Dates
- January 4, 1978: Marriage of Ma. Cristina and Pablito.
- May 8, 1978; June 4, 1980; June 7, 1983: Births of Paolo Josef, Gian Carlo and Janelle Ann.
- January 1, 1996: Birth of Patrick Alvin Celestial Titular.
- January 13, 1997: Late registration and acknowledgment by Pablito.
- April 22, 1998: Marriage of Pablito and Lucille (allegedly bigamous).
- December 23, 2005: Petition to correct Patrick’s birth entries filed.
- September 6, 2007: Trial court dismissal for lack of jurisdiction.
- November 29, 2007: Denial of motion for reconsideration.
- December 4, 2009: Supreme Court decision.
Applicable Law
- 1987 Philippine Constitution.
- Rule 108, Rules of Court (Cancellation or Correction of Entries).
- Civil Code, Art. 412 (judgment required to change registry entries).
- A.M. No. 02-11-10-SC (family courts jurisdiction).
- Family Code, Art. 171 (actions to impugn filiation).
Background
Petitioners discovered that during the repatriation wake of Pablito (d. 2002), Lucille introduced Patrick as her and Pablito’s child. They secured Patrick’s birth certificate showing late registration, paternal acknowledgment and legitimation by the 1998 marriage of Lucille and Pablito. Believing that marriage bigamous on account of Ma. Cristina’s existing union rendered Patrick illegitimate, they sought correction of Patrick’s registry entries, DNA testing and declaration of nullity of legitimation.
Procedural History
The Regional Trial Court dismissed the petition for lack of jurisdiction, holding that a Rule 108 proceeding cannot annul marriages, impugn legitimacy or order DNA tests, which require adversarial action. The trial court denied reconsideration, prompting petitioners’ review to the Supreme Court.
Issue
Whether a special proceeding under Rule 108 may include nullification of a marriage, impugn a child’s legitimacy or compel DNA testing as incidental to correcting registry entries.
Supreme Court Ruling
The Court affirmed that Rule 108 and Civil Code Article 412 permit only the cancellation or correction of clerical, typographical or otherwise innocuous errors in the civil registry. Substantial alterations—such as nullifying a marriage, questioning a child’s filiation or ordering genetic testing—must be raised in adversarial proceedings before a family court.
Jurisdictional Scope of Rule 108
Rule 108 proceedings address errors “visible to the eyes or obvious to the understanding,” including simple name misspellings or factual misstatements. They do not confer authority to resolve marital nullity or legitimacy disputes, which fall under separate statutory schemes.
Governing Remedies for Marital Nullity and Filiation
Actions to declare a marriage void or to impugn a child’s legitimacy are governed by A.M. No. 02-11-10-SC (requiring family court filing) and Family Code Article 171, respectively
...continue readingCase Syllabus (G.R. No. 181174)
Parties
- Petitioners: Ma. Cristina Torres Braza and her children Paolo Josef T. Braza and Janelle Ann T. Braza
- Respondents:
- The City Civil Registrar of Himamaylan City, Negros Occidental
- Minor Patrick Alvin Titular Braza, represented by guardians Leon Titular, Cecilia Titular, and Lucille C. Titular
Facts
- Ma. Cristina Torres and Pablo Sicad Braza, Jr. were validly married on January 4, 1978
- Their union produced three children: Paolo Josef (May 8, 1978), Gian Carlo (June 4, 1980), and Janelle Ann (June 7, 1983)
- Pablo died in a vehicular accident on April 15, 2002, in Bandung, West Java, Indonesia
- During Pablo’s wake in the Philippines, Lucille Celestial Titular introduced Patrick Alvin Titular Braza as her and Pablo’s son
- Petitioners obtained Patrick’s birth certificate showing:
- Name: Patrick Alvin Celestial Titular
- Birthdate: January 1, 1996
- Parents: Lucille Celestial Titular and Pablito S. Braza
- Registration: late, received January 13, 1997
- Acknowledgment by “Pablito Braza” on January 13, 1997
- Annotation of legitimation by subsequent marriage of the parents on April 22, 1998 in Manila
- A copy of the marriage contract between Pablo and Lucille on April 22, 1998, was likewise secured
Procedural History
- December 23, 2005: Petitioners filed a Rule 108 petition before the Regional Trial Court (RTC) of Himamaylan City to correct entries in Patrick’s birth record
- Reliefs sought included:
- Correction of Patrick’s legitimation entry, father’s name and acknowledgment, and surname “Braza”
- DNA testing of Patrick to determine paternity and filiation
- Declaration of nullity of Patrick’s legitimation and declaration