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Petitioner Vs Vs Respondent: First Division
Petitioner Vs Vs Respondent: First Division
DECISION
YNARES-SANTIAGO , J : p
This petition for review on certiorari under Rule 45 of the Rules of Court stemmed
from a petition for correction of entries under Rule 108 of the Rules of Court led by
respondent Chule Y. Lim with the Regional Trial Court of Lanao del Norte, Branch 4,
docketed as Sp. Proc. No. 4933.
In her petition, respondent claimed that she was born on October 29, 1954 in Buru-
an, Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal
Civil Registrar of Kauswagan transferred her record of birth to Iligan City. She alleged that
both her Kauswagan and Iligan City records of birth have four erroneous entries, and prays
that they be corrected.
The trial court then issued an Order, 1 which reads:
WHEREFORE, nding the petition to be su cient in form and substance,
let the hearing of this case be set on December 27, 1999 before this Court, Hall of
Justice, Rosario Heights, Tubod, Iligan City at 8:30 o'clock in the afternoon at
which date, place and time any interested person may appear and show cause
why the petition should not be granted.
Let this order be published in a newspaper of general circulation in the City
of Iligan and the Province of Lanao del Norte once a week for three (3)
consecutive weeks at the expense of the petitioner.
SO ORDERED.
2. Her father's name from "YO DIU TO (CO TIAN)" to "YU DIOTO (CO
TIAN)";
SO ORDERED. 4
The Republic of the Philippines appealed the decision to the Court of Appeals which
affirmed the trial court's decision. 5
Hence, this petition on the following assigned errors:
I
THE COURT OF APPEALS ERRED IN ORDERING THE CORRECTION OF THE
CITIZENSHIP OF RESPONDENT CHULE Y. LIM FROM "CHINESE" TO "FILIPINO"
DESPITE THE FACT THAT RESPONDENT NEVER DEMONSTRATED ANY
COMPLIANCE WITH THE LEGAL REQUIREMENTS FOR ELECTION OF
CITIZENSHIP.
II
In Ching, Re: Application for Admission to the Bar, 1 1 citing In re Florencio Mallare, 1 2
we held:
Esteban Mallare, natural child of Ana Mallare, a Filipina, is therefore
himself a Filipino, and no other act would be necessary to confer on him all the
rights and privileges attached to Philippine citizenship (US. vs. Ong Tianse, 29
Phil. 332; Santos Co vs. Government of the Philippine Islands, 42 Phil. 543; Serra
vs. Republic, L-4223, May 12, 1952; Sy Quimsuan vs. Republic, L-4693, Feb. 16,
1953; Pitallano vs. Republic, L-5111, June 28, 1954). Neither could any act be
taken on the erroneous belief that he is a non-Filipino divest him of the citizenship
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privileges to which he is rightfully entitled. 1 3
This notwithstanding, the records show that respondent elected Filipino citizenship
when she reached the age of majority. She registered as a voter in Misamis Oriental when
she was 18 years old. 1 4 The exercise of the right of suffrage and the participation in
election exercises constitute a positive act of election of Philippine citizenship. 1 5
In its second assignment of error, the Republic assails the Court of Appeals'
decision in allowing respondent to use her father's surname despite its nding that she is
illegitimate.
The Republic's submission is misleading. The Court of Appeals did not allow
respondent to use her father's surname. What it did allow was the correction of her father's
misspelled surname which she has been using ever since she can remember. In this
regard, respondent does not need a court pronouncement for her to use her father's
surname.
We agree with the Court of Appeals when it held:
Firstly, Petitioner-appellee is now 47 years old. To bar her at this time from
using her father's surname which she has used for four decades without any
known objection from anybody, would only sow confusion. Concededly, one of
the reasons allowed for changing one's name or surname is to avoid confusion.
Secondly, under Sec. 1 of Commonwealth Act No. 142, the law regulating
the use of aliases, a person is allowed to use a name "by which he has been
known since childhood."
Thirdly, the Supreme Court has already addressed the same issue. In
Pabellar v. Rep. of the Phils., 1 6 we held:
Section 1 of Commonwealth Act No. 142, which regulates the use of
aliases, allows a person to use a name "by which he has been known since
childhood" (Lim Hok Albano v. Republic, 104 Phil. 795; People v. Uy Jui Pio ,
102 Phil. 679; Republic v. Tañada , infra). Even legitimate children cannot
enjoin the illegitimate children of their father from using his surname (De
Valencia v. Rodriguez, 84 Phil. 222). 1 7
While judicial authority is required for a change of name or surname, 1 8 there is no
such requirement for the continued use of a surname which a person has already been
using since childhood. 1 9
The doctrine that disallows such change of name as would give the false impression
of family relationship remains valid but only to the extent that the proposed change of
name would in great probability cause prejudice or future mischief to the family whose
surname it is that is involved or to the community in general. 2 0 In this case, the Republic
has not shown that the Yu family in China would probably be prejudiced or be the object of
future mischief. In respondent's case, the change in the surname that she has been using
for 40 years would even avoid confusion to her community in general.
WHEREFORE, in view of the foregoing, the instant petition for review is DENIED. The
decision of the Court of Appeals in CA-G.R. CV No. 68893 dated May 29, 2002, is
AFFIRMED. Accordingly, the Civil Registrar of Iligan City is DIRECTED to make the following
corrections in the birth record of respondent Chule Y. Lim, to wit:
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1. Her family name from "YO" to "YU";
2. Her father's name from "YO DIU TO (CO TIAN)" to "YU DIOTO (CO TIAN)";
3. Her status from "legitimate" to "illegitimate" by changing "YES" to "NO" in
answer to the question "LEGITIMATE?"; and,
4. Her citizenship from "Chinese" to "Filipino". CAIaHS
SO ORDERED.
Davide, Jr., C.J., Panganiban, Carpio and Azcuna, JJ., concur.
Footnotes
1. Exhibit "B", Records, p. 14.
6. Rollo, p. 16.
7. 141 SCRA 462, 474, G.R. No. L-32181, March 5, 1986.
8. Eleosida v. Local Civil Registrar of Quezon City, 382 SCRA 22, 27, G.R. No. 130277, , May
9, 2002.
9. Re: Application for Admission to the Bar, Ching, Bar Matter No. 914, 1 October 1999, 374
Phil. 342, 349.
10. Id., at 350.
11. Supra.
12. In re: Florencio Mallare, Adm. Case No. 533, 12 September 1974, 59 Phil. 45, 52.
15. In re: Florencio Mallare, supra, cited in Co v. Electoral Tribunal of the House of
Representatives, G.R. Nos. 92191-92, 30 July 1991, 199 SCRA 692, 707.
16. No. L-27298, 4 March 1976, 162 Phil. 22, 29.
19. Pabellar v. Rep. of the Phils., No. L-27298, 4 March 1976, 162 Phil. 22, 29.
20. Llaneta v. Hon. Agrava, G.R. No. L-32054, 15 May 1974, 156 Phil. 21, 24.