Case Summary (G.R. No. L-31712)
Petition Details
On March 18, 1969, Ernesto V. Rosales filed a petition in the Court of First Instance of Cebu requesting corrections to entries in the civil registry. The petition alleged that he and Asuncion Z. Castillo Rosales were married in 1942 and had four legitimate children. After separating in 1950, Asuncion engaged in an illicit relationship with Vidal Rivera from 1952 onwards, resulting in the birth of four children whose paternity Rosales contested. Rosales sought the court to declare these children illegitimate and requested corrections to their birth records, aiming to remove his name as their father.
Trial Court Proceedings
The trial court, on May 20, 1969, set a hearing date for June 21, 1969, and ordered publication of notification for interested parties to show cause why the petition should not be granted. The civil registrar filed a motion to dismiss prior to the hearing, asserting that the petition did not constitute a cause of action under Rule 108 of the Revised Rules of Court in conjunction with Article 412 of the Civil Code. The court dismissed the petition on July 26, 1969, agreeing that the corrections sought were substantial rather than clerical errors.
Grounds for Dismissal
The dismissal was predicated on the court's finding that the requested corrections involved significant issues regarding paternity and legitimacy, which could not be resolved under the procedures of Rule 108. The ruling emphasized that corrections affecting civil status or paternity are substantial and should be addressed through a proper adversary proceeding rather than summary proceedings for clerical errors. This distinction is rooted in the need to uphold substantive legal rights related to parental obligations and civil status.
Legal Principles Applied
The court referenced existing jurisprudence, notably the case of Chua Wee vs. Republic, which clarified that amendments concerning paternity and legitimacy are substantial errors that cannot be corrected through summary proceedings. The Civil Code provisions highlight that the legitimacy of children born during an existing marriage is presumed, which complicates the issues raised in this petition. The law stipulates that claims contesting legitimacy must be established through specific actions undertaken within
...continue readingCase Syllabus (G.R. No. L-31712)
Case Information
- Case Citation: 217 Phil. 130
- Court: Second Division
- G.R. No.: L-31712
- Date of Decision: September 28, 1984
- Parties Involved:
- Petitioner-Appellant: Ernesto V. Rosales
- Respondents-Appellees: Asuncion Z. Castillo Rosales, Vidal Rivera, Minors: Teresita Castillo, Cecilia Rosales, Emmanuel C. Rosales, Milagros Socorro C. Rivera, Republic of the Philippines, Civil Registrar of Cebu City, Hon. Alfredo C. Laya
Background of the Case
- This case arises from an appeal by Ernesto V. Rosales against the order of the Court of First Instance of Cebu, which dismissed his petition for the correction and/or cancellation of entries in the Civil Registry.
- The dismissal was based on a motion by the respondents arguing that the facts alleged in the petition did not constitute a cause of action as required by Rule 108 of the Revised Rules of Court, in relation to Article 412 of the Civil Code.
Facts of the Case
Marriage and Separation:
- Ernesto V. Rosales and Asuncion Z. Castillo Rosales were married on June 24, 1942.
- They had four legitimate children.
- The couple "separated" on April 13, 1950, when Ernesto left for Iloilo for employment and ceased cohabitation.
Illicit Relations:
- Asuncion began an illicit relationship with Vidal Rivera starting in January 1952, leading to the birth of four children: Teresita Castillo, Cecilia Rosales, Emmanuel C. Rosales, and Milagros Socorro C. Rivera.
Errors in Civil Registry:
- The birth records of Cecilia Rosales and Emmanuel C. Rosales incorrectly listed Ernesto as their father instead of Vidal Rivera,