Case Summary (G.R. No. L-26982)
Facts of the Case
The petitioner, Rosalinda Matias, claims to have been born in Malabon, Rizal, on February 28, 1941. Upon applying for a copy of her birth certificate for her designation as an exchange student, she discovered that her name was conspicuously absent. Despite all other details on the birth certificate - including birth date, time, and parental information - aligning with her identity, the official entry failed to include her name. Consequently, she initiated a petition for correction, requesting that her name be inserted in the birth registration records.
Court Proceedings
Following the filing of the petition, the Court of First Instance ruled for a public posting of the petition to notify any interested parties, including a service to the Solicitor General and the Civil Registrar. These officials opposed the petition on the argument that the requested amendment was not merely a clerical error, as stipulated by Article 412 of the Civil Code of the Philippines, which governs corrections in the Civil Register. At the hearing, petitioner Matias presented testimonies from her attending nurse midwife, who attested to the oversight, as well as corroborative testimony from her father. Additionally, Matias introduced her baptismal certificate, confirming her name and aligning with the recorded details in the birth certificate.
Court Decision and Reasoning
On August 14, 1961, the Court of First Instance granted Matias's petition to insert her name in the birth certificate. The Solicitor General appealed the decision, maintaining that the adjustment requested was impermissible under existing laws and jurisprudence. However, the appellate court found the appeal to be without merit. It referred to the official birth certificate, which explicitly stated that the name of a newborn does not need to be recorded immediately but can be added later via a supplemental report. It emphasized that, since the name could be introduced by judicial order following proper notice to relevant parties, a name insertion following a court ruling was entirely feasible.
Legal Principles Applied
The appellate court noted that concerns regarding whether the amendment constituted a clerical error were irrelevant in Matias's case. It acknowledged the doctrine established in the case of Ty Kong Tin vs. Republic, which prohibited un
...continue readingCase Syllabus (G.R. No. L-26982)
Case Background
- The case concerns an appeal by the Republic of the Philippines against a decision made by the Court of First Instance of Rizal on August 14, 1961.
- The ruling directed the Civil Registrar of Malabon, Rizal, to insert the name of the petitioner, Rosalinda Matias, into her birth certificate where the name had been left blank.
- The petitioner claimed to have been born on February 28, 1941, in Malabon, Rizal, and discovered the omission of her name when she needed a copy of her birth certificate for her exchange student application.
Petition Details
- Rosalinda Matias filed a petition in court asserting her birth details, including date, time, and place of birth, along with her parents' names and domicile.
- The petition was published and served to the Solicitor General and the Civil Registrar, as mandated by the court’s order.
- The opposition from the Solicitor General and the Civil Registrar arose on the basis that the correction sought did not constitute a clerical error as defined under Article 412 of the Civil Code.
Evidence Presented
- During the hearing, the petitioner pr