1) Respondent Chule Y. Lim filed a petition to correct four erroneous entries in her birth records from Iligan City and Kauswagan, Lanao del Norte.
2) The trial court granted the petition and ordered the corrections, changing her surname from "Yo" to "Yu", her father's name, her status from "legitimate" to "illegitimate", her citizenship from "Chinese" to "Filipino", and answering "No" to the question of legitimacy.
3) The Court of Appeals affirmed the trial court's decision. The Republic of the Philippines appealed, arguing that respondent did not demonstrate compliance with legal requirements for election of citizenship.
1) Respondent Chule Y. Lim filed a petition to correct four erroneous entries in her birth records from Iligan City and Kauswagan, Lanao del Norte.
2) The trial court granted the petition and ordered the corrections, changing her surname from "Yo" to "Yu", her father's name, her status from "legitimate" to "illegitimate", her citizenship from "Chinese" to "Filipino", and answering "No" to the question of legitimacy.
3) The Court of Appeals affirmed the trial court's decision. The Republic of the Philippines appealed, arguing that respondent did not demonstrate compliance with legal requirements for election of citizenship.
1) Respondent Chule Y. Lim filed a petition to correct four erroneous entries in her birth records from Iligan City and Kauswagan, Lanao del Norte.
2) The trial court granted the petition and ordered the corrections, changing her surname from "Yo" to "Yu", her father's name, her status from "legitimate" to "illegitimate", her citizenship from "Chinese" to "Filipino", and answering "No" to the question of legitimacy.
3) The Court of Appeals affirmed the trial court's decision. The Republic of the Philippines appealed, arguing that respondent did not demonstrate compliance with legal requirements for election of citizenship.
, Pala-o, On February 22, 2000, the trial court granted
Iligan City. respondent’s petition and rendered judgment as follows: G.R. No. 153883 January 13, 2004 SO ORDERED. WHEREFORE, the foregoing REPUBLIC OF THE premises considered, to set the PHILIPPINES, petitioner, During the hearing, respondent testified thus: records of the petitioner straight vs. and in their proper perspective, CHULE Y. LIM, respondent. First, she claims that her the petition is granted and the surname "Yu" was misspelled as Civil Registrar of Iligan City is DECISION "Yo". She has been using "Yu" in directed to make the following all her school records and in her corrections in the birth records of marriage certificate.2 She the petitioner, to wit: YNARES-SANTIAGO, J.: presented a clearance from the National Bureau of Investigation 1. Her family name This petition for review on certiorari under (NBI)3 to further show the from "YO" to "YU"; Rule 45 of the Rules of Court stemmed from consistency in her use of the a petition for correction of entries under Rule surname "Yu". 108 of the Rules of Court filed by respondent 2. Her father’s name Chule Y. Lim with the Regional Trial Court of from "YO DIU TO Second, she claims that her Lanao del Norte, Branch 4, docketed as Sp. (CO TIAN)" to "YU father’s name in her birth record Proc. No. 4933. DIOTO (CO TIAN)"; was written as "Yo Diu To (Co Tian)" when it should have been In her petition, respondent claimed that she "Yu Dio To (Co Tian)." 3. Her status from was born on October 29, 1954 in Buru-an, "legitimate" to Iligan City. Her birth was registered in "illegitimate" by Third, her nationality was entered as Chinese Kauswagan, Lanao del Norte but the changing "YES" to when it should have been Filipino Municipal Civil Registrar of Kauswagan "NO" in answer to considering that her father and mother never transferred her record of birth to Iligan City. the question got married. Only her deceased father was She alleged that both her Kauswagan and "LEGITIMATE?"; Chinese, while her mother is Filipina. She Iligan City records of birth have four and, claims that her being a registered voter erroneous entries, and prays that they be attests to the fact that she is a Filipino corrected. citizen. 4. Her citizenship from "Chinese" to The trial court then issued an Order,1 which "Filipino". Finally, it was erroneously indicated in her reads: birth certificate that she was a legitimate child when she should have been described SO ORDERED.4 WHEREFORE, finding the as illegitimate considering that her parents petition to be sufficient in form were never married. The Republic of the Philippines appealed the and substance, let the hearing of decision to the Court of Appeals which this case be set on December Placida Anto, respondent’s mother, testified affirmed the trial court’s decision.5 27, 1999 before this Court, Hall that she is a Filipino citizen as her parents of Justice, Rosario Heights, were both Filipinos from Camiguin. She Tubod, Iligan City at 8:30 o’clock Hence, this petition on the following assigned added that she and her daughter’s father in the afternoon at which date, errors: were never married because the latter had a place and time any interested prior subsisting marriage contracted in person may appear and show China. I cause why the petition should not be granted. In this connection, respondent presented a THE COURT OF APPEALS certification attested by officials of the local ERRED IN ORDERING THE Let this order be published in a civil registries of Iligan City and Kauswagan, CORRECTION OF THE newspaper of general circulation Lanao del Norte that there is no record of CITIZENSHIP OF in the City of Iligan and the marriage between Placida Anto and Yu Dio RESPONDENT CHULE Y. LIM Province of Lanao del Norte To from 1948 to the present. FROM "CHINESE" TO once a week for three (3) "FILIPINO" DESPITE THE FACT consecutive weeks at the THAT RESPONDENT NEVER expense of the petitioner. The Republic, through the City Prosecutor of DEMONSTRATED ANY Iligan City, did not present any evidence COMPLIANCE WITH THE although it actively participated in the Furnish copies of this order the LEGAL REQUIREMENTS FOR proceedings by attending hearings and Office of the Solicitor General at ELECTION OF CITIZENSHIP. cross-examining respondent and her 134 Amorsolo St., Legaspi Vill., witnesses. Makati City and the Office of the II Local Civil Registrar of Iligan THE COURT OF APPEALS party shall accompany the aforesaid this regard, respondent does not need a ERRED IN ALLOWING statement with the oath of allegiance to the court pronouncement for her to use her RESPONDENT TO CONTINUE Constitution and the Government of the father’s surname. USING HER FATHER’S Philippines."10 SURNAME DESPITE ITS We agree with the Court of Appeals when it FINDING THAT RESPONDENT Plainly, the above constitutional and statutory held: IS AN ILLEGITIMATE CHILD.6 requirements of electing Filipino citizenship apply only to legitimatechildren. These do not Firstly, Petitioner-appellee is To digress, it is just as well that the Republic apply in the case of respondent who was now 47 years old. To bar her at did not cite as error respondent’s recourse to concededly an illegitimate child, considering this time from using her father’s Rule 108 of the Rules of Court to effect what that her Chinese father and Filipino mother surname which she has used for indisputably are substantial corrections and were never married. As such, she was not four decades without any known changes in entries in the civil register. To required to comply with said constitutional objection from anybody, would clarify, Rule 108 of the Revised Rules of and statutory requirements to become a only sow confusion. Concededly, Court provides the procedure for cancellation Filipino citizen. By being an illegitimate child one of the reasons allowed for or correction of entries in the civil registry. of a Filipino mother, respondent changing one’s name or The proceedings under said rule may either automatically became a Filipino upon birth. surname is to avoid confusion. be summary or adversary in nature. If the Stated differently, she is a Filipino since birth correction sought to be made in the civil without having to elect Filipino citizenship register is clerical, then the procedure to be when she reached the age of majority. Secondly, under Sec. 1 of adopted is summary. If the rectification Commonwealth Act No. 142, the affects the civil status, citizenship or law regulating the use of aliases, In Ching, Re: Application for Admission to nationality of a party, it is deemed a person is allowed to use a the Bar,11 citing In re Florencio Mallare,12 we substantial, and the procedure to be adopted name "by which he has been held: is adversary. This is our ruling in Republic v. known since childhood." Valencia7 where we held that even substantial errors in a civil registry may be Esteban Mallare, natural child of Thirdly, the Supreme Court has corrected and the true facts established Ana Mallare, a Filipina, is already addressed the same under Rule 108 provided the parties therefore himself a Filipino, and issue. In Pabellar v. Rep. of the aggrieved by the error avail themselves of no other act would be necessary the appropriate adversary proceeding. An Phils.,16 we held: to confer on him all the rights appropriate adversary suit or proceeding is and privileges attached to one where the trial court has conducted Philippine citizenship (U.S. vs. Section 1 of Commonwealth Act proceedings where all relevant facts have Ong Tianse, 29 Phil. No. 142, which regulates the use been fully and properly developed, where 332; Santos Co vs. Government of aliases, allows a person to opposing counsel have been given of the Philippine Islands , 42 Phil. use a name "by which he has opportunity to demolish the opposite party’s 543; Serra vs. Republic, L-4223, been known since childhood" case, and where the evidence has been May 12, 1952; Sy Quimsuan vs. (Lim Hok Albano v. Republic, thoroughly weighed and considered. 8 Republic, L-4693, Feb. 16, 104 Phil. 795; People v. Uy Jui 1953; Pitallano vs. Republic, L- Pio, 102 Phil. 679; Republic v. 5111, June 28, 1954). Neither Tañada, infra). Even legitimate As likewise observed by the Court of could any act be taken on the children cannot enjoin the Appeals, we take it that the Republic’s failure erroneous belief that he is a non- illegitimate children of their to cite this error amounts to a recognition that Filipino divest him of the father from using his surname this case properly falls under Rule 108 of the citizenship privileges to which he (De Valencia v. Rodriguez, 84 Revised Rules of Court considering that the is rightfully entitled.13 Phil. 222).17 proceeding can be appropriately classified as adversarial. This notwithstanding, the records show that While judicial authority is required for a respondent elected Filipino citizenship when change of name or surname,18 there is no Instead, in its first assignment of error, the she reached the age of majority. She such requirement for the continued use of a Republic avers that respondent did not registered as a voter in Misamis Oriental surname which a person has already been comply with the constitutional requirement of when she was 18 years old.14 The exercise of using since childhood.19 electing Filipino citizenship when she the right of suffrage and the participation in reached the age of majority. It cites Article election exercises constitute a positive act of IV, Section 1(3) of the 1935 Constitution, The doctrine that disallows such change of election of Philippine citizenship.15 which provides that the citizenship of a name as would give the false impression of legitimate child born of a Filipino mother and family relationship remains valid but only to an alien father followed the citizenship of the In its second assignment of error, the the extent that the proposed change of name father, unless, upon reaching the age of Republic assails the Court of Appeals’ would in great probability cause prejudice or majority, the child elected Philippine decision in allowing respondent to use her future mischief to the family whose surname citizenship.9 Likewise, the Republic invokes father’s surname despite its finding that she it is that is involved or to the community in the provision in Section 1 of Commonwealth is illegitimate. general.20 In this case, the Republic has not Act No. 625, that legitimate children born of shown that the Yu family in China would Filipino mothers may elect Philippine probably be prejudiced or be the object of The Republic’s submission is misleading. citizenship by expressing such intention "in a future mischief. In respondent’s case, the The Court of Appeals did not allow statement to be signed and sworn to by the change in the surname that she has been respondent to use her father’s surname. party concerned before any officer using for 40 years would even avoid What it did allow was the correction of her authorized to administer oaths, and shall be confusion to her community in general. father’s misspelled surname which she has filed with the nearest civil registry. The said been using ever since she can remember. In 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:
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,