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  • Adoption of Karen Herico Licerio

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    1) Spouses Joel and Carmen Licerio petitioned to legally adopt Karen, Carmen's illegitimate daughter. The RTC of Marikina granted the petition but the OCR of Quezon City said the birth certificate in Caloocan must also be cancelled. 2) When the RTC of Caloocan merely ordered a correction instead of cancellation, the spouses filed a motion to correct the adoption decree to replace Quezon City with Caloocan City. 3) The RTC of Marikina denied the motion, finding the decision final. However, the Supreme Court ruled new circumstances made execution unjust, allowing modification under an exception to immutability of judgments.

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    1) Spouses Joel and Carmen Licerio petitioned to legally adopt Karen, Carmen's illegitimate daughter. The RTC of Marikina granted the petition but the OCR of Quezon City said the birth certificate in Caloocan must also be cancelled. 2) When the RTC of Caloocan merely ordered a correction instead of cancellation, the spouses filed a motion to correct the adoption decree to replace Quezon City with Caloocan City. 3) The RTC of Marikina denied the motion, finding the decision final. However, the Supreme Court ruled new circumstances made execution unjust, allowing modification under an exception to immutability of judgments.

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    352 views2 pages

    Adoption of Karen Herico Licerio

    Uploaded by

    jonessamenorca
    1) Spouses Joel and Carmen Licerio petitioned to legally adopt Karen, Carmen's illegitimate daughter. The RTC of Marikina granted the petition but the OCR of Quezon City said the birth certificate in Caloocan must also be cancelled. 2) When the RTC of Caloocan merely ordered a correction instead of cancellation, the spouses filed a motion to correct the adoption decree to replace Quezon City with Caloocan City. 3) The RTC of Marikina denied the motion, finding the decision final. However, the Supreme Court ruled new circumstances made execution unjust, allowing modification under an exception to immutability of judgments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Adoption of Karen Herico Licerio

    G.R. No. 208005, November 21, 2018

    Tickler:

    Doctrine of immutability of judgment and it’s exception.

    Case Doctrine:

    It is now well-settled in this jurisdiction, that when after judgment has been rendered and the latter has
    become final, facts and circumstances transpire which render its execution impossible or unjust, the
    interested party may ask the court to modify or alter the judgment to harmonize the same with justice and
    the facts.

    Facts:

    Spouses Joel H. Borromeo and Carmen H. Licerio (petitioners) are husband and wife they petitioned to
    legally adopt Karen , the illegitimate daughter of petitioner Carmen. The verified petition for adoption was
    filed with the RTC of Marikina, the RTC of Marikina granted the petition and in its decision order the OCR
    of Quezon City to comply the decision. However, the OCR of Quezon City informed them that to
    implement the decision of the RTC of Marina, the registration of the birth certificate in the OCR of
    Caloocan must be likewise cancelled. Spouses filed a petition in the RTC of Caloocan for the cancellation
    of the birth certificate, but the RTC of Caloocan merely order a correction of the entries in the birth
    certificate of Karen.

    To implement the decision granting the adoption given on June 27, 2006 the spouses filed in the RTC of
    Marikina dated February 19, 2013 a motion to correct the adoption decree by inserting the phrase "City
    Civil Registrar of Caloocan City in lieu of the "City Civil Registrar of Quezon City”

    The RTC of Marikina denied the motion

    The RTC of Marikina City found that its June 27, 2006 Decision has long been final and executory, which
    made it immutable and unalterable. It also ruled that none of the three exceptions to the rule on
    immutability of final judgement was found. A motion for reconsideration was filed but was subsequently
    denied.

    Hence, the petitioner filed a petition review on certiorari with the following arguments ; 1) adoption and
    correction of entries in the civil registry are special proceedings and ROC does not apply to special
    proceedings and final judgement may be modified or altered to harmonize the same with justice and the
    facts.

    ISSUE:
    Whether or not final and executory judgement may be modified.

    HELD :

    YES. In the case of Antonio Mendoza v. Fil- Homes realty development Corporation the court pointed out
    4 exceptions to the doctrine of immutability of judgement;

    1) The correction of clerical errors;

    (2) The so-called nunc pro tunc entries which cause no prejudice to any party; harmonize the same with
    justice and the facts.

    (3) Void judgements; and

    (4) Whenever circumstances transpire after the finality of the decision rendering its execution
    unjust and inequitable

    The fourth exception to the doctrine on immutability of judgement is present in this case. After the June
    27, 2006 Decision granting the adoption of Karen has become final and executory, new facts and
    circumstances occurred which made its execution inequitable and impossible.

    Due to the belated discovery of the duplicitous registration of Karen's birth, and the subsequent refusal of
    the RTC of Caloocan City to cancel the registration in the OCR of Caloocan City, the petitioners have no
    way to enforce the June 27, 2006 Decision.

    The assailed Order dated May 23, 2013 and Order dated July 1, 2013 issued by the RTC of Marikina City
    in JDRC Case No. 05-1119-MK are ANULLED and SET ASIDE. The case is thus REMANDED to Branch
    273 of the RTC of Marikina City, which is hereby directed to:
    (1) RECEIVE evidence relevant to the duplicitous registration of Karen's birth;
    (2) DETERMINE the proper OCR to enforce the June 27, 2006 Decision; and
    (3) CORRECT the decision, if needed, only as to the proper OCR to enforce it.

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