Professional Documents
Culture Documents
HABEAS CORPUS
SUMMARY OF FACTS:
ISSUE/S:
Whether a wife may secure a writ of habeas corpus to compel her husband
to live with her in conjugal bliss
RESOLUTION OF ISSUE/S:
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become arbitrary. It is devised as a speedy and effectual remedy to relieve
persons from unlawful restraint, as the best and only sufficient defense of personal
freedom.
The essential object and purpose of the writ of habeas corpus is to inquire
into all manner of involuntary restraint, and to relieve a person therefrom if such
restraint is illegal. To justify the grant of the petition, the restraint of liberty must
be an illegal and involuntary deprivation of freedom of action. The illegal restraint
of liberty must be actual and effective, not merely nominal or moral.
The evidence shows that there was no actual and effective detention or
deprivation of lawyer Potenciano Ilusorio‘s liberty that would justify the issuance
of the writ. The fact that lawyer Potenciano Ilusorio is about 86 years of age, or
under medication does not necessarily render him mentally incapacitated.
Soundness of mind does not hinge on age or medical condition but on the capacity
of the individual to discern his actions.
After due hearing, the Court of Appeals concluded that there was no
unlawful restraint on his liberty. The Court of Appeals also observed that lawyer
Potenciano Ilusorio did not request the administrator of the Cleveland
Condominium not to allow his wife and other children from seeing or visiting him.
He made it clear that he did not object to seeing them.
DOCTRINE:
Marital rights including coverture and living in conjugal dwelling may not
be enforced by the extra-ordinary writ of habeas corpus. A writ of habeas corpus
extends to all cases of illegal confinement or detention, or by which the rightful
custody of a person is withheld from the one entitled thereto. "Habeas corpus is a
writ directed to the person detaining another, commanding him to produce the
body of the prisoner at a designated time and place, with the day and cause of his
capture and detention, to do, submit to, and receive whatsoever the court or judge
awarding the writ shall consider in that behalf." It is a high prerogative, common-
law writ, of ancient origin, the great object of which is the liberation of those who
may be imprisoned without sufficient cause. It is issued when one is deprived of
liberty or is wrongfully prevented from exercising legal custody over another
person.
Serapio vs Sandiganbayan
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Panfilo LACSON, Michael Ray B. Aquino, and Cesar O. Mancao
vs.
Sec. Hernando PEREZ, P/Director Leandro Mendoza, and P/Sr. Supt.
Reynaldo Berroya
Melo, J
SUMMARY OF FACTS:
Former President Joseph Estrada was arrested for the criminal case of
plunder. A number of his supporters gathered at the EDSA Shrine, including
Senators Enrile, Santiago, Honasan, and opposition senatorial candidate, Gen.
Lacson. The crowd decided to march to Malacañang Palace. A melee between the
rallyists on the one hand, and the police and army on the other hand, ensued as
the former tried to break into Malacañang.
Petitions were filed to assail the declaration of a state of rebellion and the
warrantless arrests effected by virtue thereof. In addition, Petitioners Lacson,
Aquino, and Mancao sought for the issuance of a writ of habeas corpus.
President Arroyo thereafter lifted the declaration, rendering the case moot
and academic.
ISSUE/S:
RESOLUTION OF ISSUE/S:
The case was dismissed for being moot and academic. On whether the writ
of habeas corpus may be issued, the writ is not called for since its purpose is to
relieve petitioners from unlawful restraint, a matter which remains speculative.
DOCTRINE:
The distinction (between the calling out power, on one hand, and the power
to suspend the privilege of the write of habeas corpus and to declare martial law,
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on the other hand) places the calling out power in a different category from the
power to declare martial law and the power to suspend the privilege of the writ
of habeas corpus, otherwise, the framers of the Constitution would have simply
lumped together the three powers and provided for their revocation and review
without any qualification.
The reason for the difference in the treatment of the aforementioned powers
highlights the intent to grant the President the widest leeway and broadest
discretion in using the "calling out" power because it is considered as the lesser
and more benign power compared to the power to suspend the privilege of the
writ of habeas corpus and the power to impose martial law, both of which involve
the curtailment and suppression of certain basic civil rights and individual
freedoms, and thus necessitating affirmation by Congress and, in appropriate
cases, review by this Court.
If a state of martial law "does not suspend the operation of the Constitution,
nor supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians, where civil courts are able to function, nor automatically suspend the
privilege of the writ," then it is with more reason, that a mere declaration of a state
of rebellion could not bring about the suspension of the operation of the
Constitution or of the writ of habeas corpus.
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Mangila vs Pangilinan
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Villar, Czarinalyn Mara
Facts:
The next day, the RTC-Caloocan issued a writ of habeas corpus, ordering
petitioner to bring the child to court on March 28, 2011. Despite diligent efforts
and several attempts, however, the Sheriff was unsuccessful in personally serving
petitioner copies of the habeas corpus petition and of the writ. Instead, on March
29, 2011, the Sheriff left copies of the court processes at petitioner‘s Caloocan
residence, as witnessed by respondent‘s counsel and barangay officials.
Nevertheless, petitioner failed to appear at the scheduled hearings before the
RTC-Caloocan.
On July 12, 2011, the RTC-Quezon City granted respondent‘s motion and
dismissed the guardianship case due to the pendency of the habeas corpus
petition before RTC-Caloocan.
Raquel moved for the ex parte issuance of an alias writ of habeas corpus
before the RTC-Caloocan, which was granted by the trial court on August 8, 2011.
On even date, the court directed the Sheriff to serve the alias writ upon petitioner
at the Office of the Assistant City Prosecutor of Quezon City on August 10, 2011. In
compliance, the Sheriff served petitioner the August 8, 2011 Order as well as the
Alias Writ during the preliminary investigation of the kidnapping case.
Following this development, petitioner, by way of special appearance, moved for
the quashal of the writ and prayed before the RTC Caloocan for the dismissal of
the habeas corpus petition, claiming, among others, that she was not personally
served with summons. Thus, as argued by petitioner, jurisdiction over her and
Criselda‘s person was not acquired by the RTC-Caloocan.
Denied petitioner‘s omnibus motion, citing Saulo v. Brig. Gen. Cruz, where
the Court held that a writ of habeas corpus, being an extraordinary process
requiring immediate proceeding and action, plays a role somewhat comparable
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to a summons in ordinary civil actions, in that, by service of said writ, the Court
acquires jurisdiction over the person of the respondent, as petitioner herein.
Court of Appeals:
Dismissed the petition for certiorari for lack of merit. The CA held that
jurisdiction was properly laid when respondent filed the habeas corpus petition
before the designated Family Court in Caloocan City. Anent the RTC-Caloocan‘s
jurisdiction, the appellate court ruled that service of summons is not required
under Section 20 of A.M. No. 03-04-04-SC, otherwise known as the Rules on
Custody of Minors and Habeas Corpus in Relation to Custody of Minors.
According to the CA, the rules on summons contemplated in ordinary civil actions
have no place in petitions for the issuance of a writ of habeas corpus, it being a
special proceeding.
Issue:(A) Whether or not the RTC-Caloocan has jurisdiction over the habeas
corpus petition filed by respondent; and, (B) Assuming arguendo it does, whether
or not it validly acquired jurisdiction over petitioner and the person of Criselda.
Likewise pivotal is the enforceability of the writ issued by RTC-Caloocan in
Quezon City where petitioner was served a copy thereof.
Held:
Arguing that the RTC-Caloocan lacked jurisdiction over the case, petitioner
relies on Section 3 of A.M. No. 03-0404-SC and maintains that the habeas corpus
petition should have been filed before the family court that has jurisdiction over
her place of residence or that of the minor or wherever the minor may be found.
As to respondent, she asserts, among others, that the applicable rule is not Section
3 but Section 20 of A.M. No. 03-04-04-SC.
We find for respondent. In the case at bar, what respondent filed was a petition
for the issuance of a writ of habeas corpus under Section 20 of A.M. No. 03-04-04-
SC and Rule 102 of the Rules of Court. As provided:
Section 20. Petition for writ of habeas corpus.—A verified petition for a
writ of habeas corpus involving custody of minors shall be filed with the
Family Court. The writ shall be enforceable within its judicial region to
which the Family Court belongs.
However, the petition may be filed with the regular court in the absence
of the presiding judge of the Family Court, provided, however, that the regular
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court shall refer the case to the Family Court as soon as its presiding judge
returns to duty.
The petition may also be filed with the appropriate regular courts in
places where there are no Family Courts. The writ issued by the Family Court or
the regular court shall be enforceable in the judicial region where they belong.
The petition may likewise be filed with the Supreme Court, Court of Appeals, or
with any of its members and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made returnable to a Family Court
or to any regular court within the region where the petitioner resides or where
the minor may be found for hearing and decision on the merits.
Upon return of the writ, the court shall decide the issue on custody of
minors. The appellate court, or the member thereof, issuing the writ shall be
furnished a copy of the decision.
In the case at bar, respondent filed the petition before the Family Court of
Caloocan City. Since Caloocan City and Quezon City both belong to the same
judicial region, the writ issued by the RTC-Caloocan can still be implemented in
Quezon City. Whether petitioner resides in the former or the latter is immaterial in
view of the above rule.
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Section 20 of A.M. No. 03-04-04-SC, may therefore be filed with any of the
proper Regional Trial Courts (RTCs) within the judicial region where
enforcement thereof is sought.— Considering that the writ is made enforceable
within a judicial region, petitions for the issuance of the writ of habeas corpus,
whether they be filed under Rule 102 of the Rules of Court or pursuant to Section
20 of A.M. No. 03-04-04-SC, may therefore be filed with any of the proper RTCs
within the judicial region where enforcement thereof is sought.
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LOCAL CIVIL REGISTRAR OF QUEZON CITY, and CARLOS VILLENA
BORBON, respondents.
SUMMARY OF FACTS:
On January 30, 1997, petitioner Ma. Lourdes Eleosida filed a petition before
the Regional Trial Court of Quezon City seeking to correct the following entries in
the birth certificate of her son, Charles Christian: first, the surname ―Borbon‖
should be changed to ―Eleosida;‖ second, the date of the parents‘ wedding should
be left blank; and third, the informant‘s name should be ―Ma. Lourdes B.
Eleosida,‖ instead of ―Ma. Lourdes E. Borbon.‖ In support of her petition,
petitioner alleged that she gave birth to her son out of wedlock on May 24, 1992;
that she and the boy‘s father, Carlos Borbon, were never married; and that the
child is therefore illegitimate and should follow the mother‘s surname.
On August 25, 1997, the trial court motu proprio dismissed the petition for
lack of merit and ruled, that;
―It is an established jurisprudence that, only CLERICAL ERRORS OF A HARMLESS
AND INNOCUOUS NATURE like: misspelled name, occupation of the parents, etc.,
may be the subject of a judicial order.
It was therefore an error for the trial court to dismiss the petition motu
proprio without allowing the petitioner to present evidence to support her petition
and all the other persons who have an interest over the matter to oppose the same.
That even substantial errors in a civil registry may be corrected and the
true facts established under Rule 108 provided the parties aggrieved by the error
avail themselves of the appropriate adversary proceeding.
DOCTRINE:
Yes, provided the party avail the adversarial proceeding rather than a
summary proceeding.
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Summary of Facts:
Carlito Kho (Kho) and his family applied for the correction of various details
in their birth certificate. Kho petitioned for (1) change the citizenship of his mother
from ―Chinese‖ to ―Filipino‖; (2) delete ―John‖ from his name; and (3) delete the
word ―married‖ opposite the date of marriage of his parents. The last correction
was ordered to be effected likewise in the birth certificates of respondents
Michael, Mercy Nona, and Heddy Moira. Carlito also asked the court in behalf of
his minor children, Kevin and Kelly, to order the correction of some entries in their
birth certificates. The Local Civil Registrar of Butuan City was impleaded as
respondent. The trial court granted the petition.
Issue:
Whether or not Kho‗s request for change in the details of their birth
certificate requires an adversarial proceeding
Resolution of Issue/s:
Yes. It can not be gainsaid that the petition, insofar as it sought to change
the citizenship of Carlito‗s mother as it appeared in his birth certificate and delete
the ―married‖ status of Carlito‗s parents in his and his siblings‗ respective birth
certificates, as well as change the date of marriage of Carlito and Marivel involves
the correction of not just clerical errors of a harmless and innocuous nature.
Rather, the changes entail substantial and controversial amendments.
It is undoubtedly true that if the subject matter of a petition is not for the
correction of clerical errors of a harmless and innocuous nature, but one involving
nationality or citizenship, which is indisputably substantial as well as
controverted, affirmative relief cannot be granted in a proceeding summary in
nature. However, it is also true that a right in law may be enforced and a wrong
may be remedied as long as the appropriate remedy is used. This Court adheres
to the principle that even substantial errors in a civil registry may be corrected
and the true facts established provided the parties aggrieved by the error avail
themselves of the appropriate adversary proceeding.
The enactment in March 2001 of Republic Act No. 9048, otherwise known as
―An Act Authorizing the City or Municipal Civil Registrar or the Consul General to
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Correct A Clerical or Typographical Error In An Entry and/or Change of First
Name or Nickname in the Civil Register Without Need of Judicial Order,‖ has been
considered to lend legislative affirmation to the judicial precedence that
substantial corrections to the civil status of persons recorded in the civil registry
may be effected through the filing of a petition under Rule 108.
When all the procedural requirements under Rule 108 are thus followed,
the appropriate adversary proceeding necessary to effect substantial corrections
to the entries of the civil register is satisfied.
Doctrine:
The obvious effect of Republic Act No. 9048 is to make possible the
administrative correction of clerical or typographical errors or change of first
name or nickname in entries in the civil register, leaving to Rule 108 the
correction of substantial changes in the civil registry in appropriate adversarial
proceedings.
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CEBU CITY CIVIL REGISTRAR, duly represented by the Registrar OSCAR
B. MOLO, Respondents.
TINGA, J.:
Austria, Jefferson S.
SUMMARY OF FACTS:
The parents of Julian Lin Carulasan Wang plan to stay in Singapore for a
long time because they will let him study there together with his sister named
Wang Mei Jasmine who was born in Singapore…. Since in Singapore middle
names or the maiden surname of the mother are not carried in a person‘s name,
they anticipate that Julian Lin Carulasan Wang will be discriminated against
because of his current registered name which carries a middle name. Julian and
his sister might also be asking whether they are brother and sister since they have
different surnames. Carulasan sounds funny in Singapore‘s Mandarin language
since they do not have the letter "R" but if there is, they pronounce it as "L." It is for
these reasons that the name of Julian Lin Carulasan Wang is requested to be
changed to Julian Lin Wang.
RTC rendered a decision denying the petition. The trial court found that the
reason given for the change of name sought in the petition—that is, that petitioner
Julian may be discriminated against when studies in Singapore because of his
middle name—did not fall within the grounds recognized by law. The trial court
ruled that the change sought is merely for the convenience of the child. Since the
State has an interest in the name of a person, names cannot be changed to suit the
convenience of the bearers.
Petitioner filed a motion for reconsideration of the decision but this was
denied. Petitioner then filed this Petition for Review on Certiorari (Under Rule 45).
ISSUE:
RESOLUTION OF ISSUE:
No, SC held that the petition should be denied. The State has an interest in
the names borne by individuals and entities for purposes of identification, and that
a change of name is a privilege and not a right, so that before a person can be
authorized to change his name given him either in his certificate of birth or civil
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registry, he must show proper or reasonable cause, or any compelling reason
which may justify such change.
The touchstone for the grant of a change of name is that there be ‗proper
and reasonable cause‘ for which the change is sought. To justify a request for
change of name, petitioner must show not only some proper or compelling reason
therefore but also that he will be prejudiced by the use of his true and official
name.
Petitioner‘s reason of convenience for the change of his name against the
standards set in the cases he cites to support his contention would show that his
justification is amorphous, to say the least, and could not warrant favorable action
on his petition. Before a person can be authorized to change his name given him
either in his certificate of birth or civil registry, he must show proper or
reasonable cause, or any compelling reason which may justify such change.
Otherwise, the request should be denied.
Dropping the middle name from his registered name is not allowed by law.
Middle names serve to identify the maternal lineage or filiation of a person as well
as further distinguish him from others who may have the same given name and
surname as he has.
In the case at bar, the only reason advanced by petitioner for the dropping
his middle name is convenience. However, how such change of name would make
his integration into Singaporean society easier and convenient is not clearly
established. That the continued use of his middle name would cause confusion and
difficulty does not constitute proper and reasonable cause to drop it from his
registered complete name.
DOCTRINE:
Among the grounds for change of name which have been held valid are:
(a) when the name is ridiculous, dishonorable or extremely difficult to write or
pronounce;
(b) when the change results as a legal consequence, as in legitimation;
(c) when the change will avoid confusion;
(d) when one has continuously used and been known since childhood by a
Filipino name, and was unaware of alien parentage;
(e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all
in good faith and without prejudicing anybody; and
(f) when the surname causes embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that the change of name
would prejudice public interest.
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THE CITY CIVIL REGISTRAR OF HIMAMAYLAN CITY, NEGROS
OCCIDENTAL, minor PATRICK ALVIN TITULAR BRAZA, represented by
LEON TITULAR, CECILIA TITULAR and LUCILLE C. TITULAR,
Respondents
CARPIO MORALES, J.:
SUMMARY OF FACTS:
Petitioner Ma. Cristina Braza and Pablo Braza Jr. were married and had
three (3) children (herein co-petitioners). In 2002, Pablo died in a vehicular
accident. During the wake, respondent Lucille Titular and her son, Patrick Alvin
Titutar showed up and introduced themselves as the wife and son, respectively, of
Pablo. Ma. Cristina thereupon made inquiries in the course of which she obtained
Patrick's birth certificate from the Local Civil Registrar of Himamaylan City,
Negros Occidental and likewise obtained a copy of a marriage contract showing
that Pablo and Lucille were married on April 22, 1998.
Contending that Patrick could not have been legitimated by the supposed
marriage between Lucille and Pablo, said marriage being bigamous on account of
the valid and subsisting marriage between Ma. Cristina and Pablo, petitioners
prayed for:
(1) the correction of the entries in Patrick's birth record with respect to his
legitimation, the name of the father and his acknowledgment, and the use of
the last name "Braza";
(2) a directive to Leon, Cecilia and Lucille, all surnamed Titular, as guardians of
the minor Patrick, to submit Parick to DNA testing to determine his paternity
and filiation; and
(3) the declaration of nullity of the legitimation of Patrick as stated in his birth
certificate and, for this purpose, the declaration of the marriage of Lucille
and Pablo as bigamous.
The trial court dismissed the petition holding that in a special proceeding
for correction of entry, the court, which is not acting as a family court under the
Family Code, has no jurisdiction over an action to annul the marriage of Lucille
and Pablo, impugn the legitimacy of Patrick, and order Patrick to be subjected to
a DNA test, and that the controversy should be ventilated in an ordinary
adversarial action.
ISSUE:
May the court pass upon the validity of marriage and questions on
legitimacy in an action to correct entries in the civil registrar?
RESOLUTION OF ISSUE:
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Rule 108 of the Rules of Court vis-a-vis Article 412 of the Civil Code charts
the procedure by which an entry in the civil registry may be cancelled or
corrected. The proceeding contemplated therein may generally be used only to
correct clerical, spelling, typographical and other innocuous errors in the civil
registry. A clerical error is one which is visible to the eyes or obvious to the
understanding; an error made by a clerk or a transcriber; a mistake in copying or
writing, or a harmless change such as a correction of name that is clearly
misspelled or of a misstatement of the occupation of the parent. Substantial or
contentious alterations may be allowed only in adversarial proceedings, in which
all interested parties are impleaded and due process is properly observed.
DOCTRINE:
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Gatuc, Ralph Lawrence B.
Facts:
From then on, petitioner lived as a female and was in fact engaged to be
married. He then sought to have his name in his birth certificate changed from
"Rommel Jacinto" to "Mely," and his sex from "male" to "female."
The OSG, filed a petition for certiorari in the Court of Appeals which
rendered a decision in favor of the Republic. It ruled that the trial court‘s decision
lacked legal basis. There is no law allowing the change of either name or sex in
the certificate of birth on the ground of sex reassignment through surgery.
Issue:
1. Whether or not the petitioner may have his First Name changed on
ground of sex reassignment; and
2. Whether or not the law allows the change of entry in the birth certificate
as to sex based on the same ground.
Ruling:
Issue no. 1
No. The State has an interest in the names borne by individuals and entities
for purposes of identification. A change of name is a privilege, not a right.
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Petitions for change of name are controlled by statutes. In this connection, Article
376 of the Civil Code provides:
ART. 376. No person can change his name or surname without judicial
authority.
This Civil Code provision was amended by RA 9048 (Clerical Error Law). In
particular, Section 1 of RA 9048 provides:
SECTION 1. Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname. – No entry in a civil register shall be
changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname which can be
corrected or changed by the concerned city or municipal civil registrar or
consul general in accordance with the provisions of this Act and its
implementing rules and regulations.
RA 9048 provides the grounds for which change of first name may be
allowed:
SECTION 4. Grounds for Change of First Name or Nickname. – The petition
for change of first name or nickname may be allowed in any of the following
cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted
with dishonor or extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and continuously
used by the petitioner and he has been publicly known by that first name or
nickname in the community; or
(3) The change will avoid confusion.
Issue no. 2
No. RA 9048 removed from the ambit of Rule 108 of the Rules of Court the
correction of clerical or typographical errors. Rule 108 now applies only to
substantial changes and corrections in entries in the civil register.
Under RA 9048, a correction in the civil registry involving the change of sex
is not a mere clerical or typographical error. It is a substantial change for which
the applicable procedure is Rule 108 of the Rules of Court.
The entries envisaged in Article 412 of the Civil Code and correctable
under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of
the Civil Code:
ART. 407. Acts, events and judicial decrees concerning the civil status of
persons shall be recorded in the civil register.
ART. 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
annulments of marriage; (6) judgments declaring marriages void
from the beginning; (7) legitimations; (8) adoptions; (9)
acknowledgments of natural children; (10) naturalization; (11) loss, or
(12) recovery of citizenship; (13) civil interdiction; (14) judicial
determination of filiation; (15) voluntary emancipation of a minor;
and (16) changes of name.
A person‘s sex is an essential factor in marriage and family relations. It is a
part of a person‘s legal capacity and civil status. In this connection, Article 413 of
the Civil Code provides:
ART. 413. All other matters pertaining to the registration of civil status shall
be governed by special laws.
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Under the Civil Register Law, a birth certificate is a historical record of the
facts as they existed at the time of birth. Thus, the sex of a person is determined at
birth, visually done by the birth attendant (the physician or midwife) by
examining the genitals of the infant.
The words "sex," "male" and "female" as used in the Civil Register Law and
laws concerning the civil registry (and even all other laws) should therefore be
understood in their common and ordinary usage, there being no legislative intent
to the contrary. In this connection, sex is defined as "the sum of peculiarities of
structure and function that distinguish a male from a female" or "the distinction
between male and female." Female is "the sex that produces ova or bears young"
and male is "the sex that has organs to produce spermatozoa for fertilizing ova."
Thus, the words "male" and "female" in everyday understanding do not include
persons who have undergone sex reassignment.
While petitioner may have succeeded in altering his body and appearance
through the intervention of modern surgery, no law authorizes the change of entry
as to sex in the civil registry for that reason. Thus, there is no legal basis for his
petition for the correction or change of the entries in his birth certificate.
Doctrine:
RA 9048 now governs the change of first name. It vests the power and
authority to entertain petitions for change of first name to the city or municipal
civil registrar or consul general concerned. Under the law, therefore, jurisdiction
over applications for change of first name is now primarily lodged with the
aforementioned administrative officers. The intent and effect of the law is to
exclude the change of first name from the coverage of Rules 103 (Change of
Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the
Rules of Court, until and unless an administrative petition for change of name is
first filed and subsequently denied.
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Guevara, Ron Jason A.
SUMMARY OF FACTS:
To prove her claim, Jennifer testified and presented the testimony of Dr.
Michael Sionzon of the Department of Psychiatry, University of the Philippines-
Philippine General Hospital. The latter issued a medical certificate stating that
Jennifer‘s condition is known as CAH. This condition is permanent and Dr. Sionzon
recommended the change of gender because Jennifer has made up her mind,
adjusted to her chosen role as male, and the gender change would be
advantageous to her.
The RTC granted Jennifer‘s Petition, changing the name from Jennifer to Jeff
and changing the gender from female to male. Thus, the Office of the Solicitor
General (OSG) seeks a reversal of the abovementioned ruling.
ISSUE:
Whether or not the RTC erred in ordering the correction of entries in the
birth certificate of Jennifer Cagandahan under Rules 103 and 108 of the Rules of
Court.
RESOLUTION OF ISSUE/S:
NO. The Court held that there is substantial compliance with Rule 108 when
Jennifer furnished a copy of the petition to the local civil registrar. Under RA 9048,
a correction in the civil registry involving the change of sex is not a mere clerical
or typographical error. It is a substantial change for which the applicable
procedure is Rule 108 of the Rules of Court.
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Ultimately, we are of the view that where the person is biologically or
naturally intersex, the determining factor in his gender classification would be
what the individual, having reached the age of majority, with good reason thinks
of his/her sex. Jennifer thinks of himself as a male and considering that his body
produces high levels of male hormones, there is preponderant biological support
for considering him as being male. Sexual development in cases of intersex
persons makes the gender classification at birth inconclusive. It is at maturity that
the gender of such persons, like Jennifer, is fixed.
As for Jennifer‘s change of name under Rule 103, this Court held that a
change of name is not a matter of right but of judicial discretion, to be exercised in
the light of the reasons adduced and the consequences that will follow. The trial
court‘s grant of change of name from Jennifer to Jeff implies a change of feminine
name to a masculine name. Considering the consequence that Jennifer‘s change of
name merely recognizes his preferred gender, we find merit in the Jennifer‘s
change of name. Such change will conform with the change of the entry in his birth
certificate from female to male.
DOCTRINE/S:
2. Under Rule 103, a change of name is not a matter of right but of judicial
discretion.
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Hilal, Jalanie B.
SUMMARY OF FACTS:
On May 13, 2004, the RTC issued an Order finding the petition to be
sufficient in form and substance and setting the case for hearing, with the directive
that the said Order be published in a newspaper of general circulation in the City
of Gingoog and the Province of Misamis Oriental at least once a week for three (3)
consecutive weeks at the expense of respondent, and that the order and petition
be furnished the Office of the Solicitor General (OSG) and the City Prosecutor‘s
Office for their information and guidance. Pursuant to the RTC Order, respondent
complied with the publication requirement.
On February 18, 2011, the CA affirmed in toto the RTC Order. The CA held that
respondent‘s failure to implead other indispensable parties was cured upon the
publication of the Order setting the case for hearing in a newspaper of general
circulation for three (3) consecutive weeks and by serving a copy of the notice to
the Local Civil Registrar, the OSG and the City Prosecutor‘s Office. As to whether
the petition is a collateral attack on respondent‘s filiation, the CA ruled in favor of
respondent, considering that her parents were not legally married and that her
siblings‘ birth certificates uniformly state that their surname is Lugsanay and their
citizenship is Filipino. Petitioner‘s motion for reconsideration was denied in a
Resolution dated July 27, 2011.
ISSUE:
Whether or not the CA erred in not dismissing the case for failure to
implead indispensable parties.
25
SPECIAL PROCEEDINGS
In this case, respondent sought the correction of entries in her birth
certificate, particularly those pertaining to her first name, surname and
citizenship. She sought the correction allegedly to reflect the name which she has
been known for since childhood, including her legal documents such as passport
and school and professional records. She likewise relied on the birth certificates
of her full blood siblings who bear the surname "Lugsanay" instead of "Sy" and
citizenship of "Filipino" instead of "Chinese." The changes, however, are
obviously not mere clerical as they touch on respondent‘s filiation and citizenship.
In changing her surname from "Sy" (which is the surname of her father) to
"Lugsanay" (which is the surname of her mother), she, in effect, changes her status
from legitimate to illegitimate; and in changing her citizenship from Chinese to
Filipino, the same affects her rights and obligations in this country. Clearly, the
changes are substantial.
Respondent‘s birth certificate shows that her full name is Anita Sy, that she
is a Chinese citizen and a legitimate child of Sy Ton and Sotera Lugsanay. In filing
the petition, however, she seeks the correction of her first name and surname, her
status from "legitimate" to "illegitimate" and her citizenship from "Chinese" to
"Filipino." Thus, respondent should have impleaded and notified not only the
Local Civil Registrar but also her parents and siblings as the persons who have
interest and are affected by the changes or corrections respondent wanted to
make.
The fact that the notice of hearing was published in a newspaper of general
circulation and notice thereof was served upon the State will not change the nature
of the proceedings taken. A reading of Sections 4 and 5, Rule 108 of the Rules of
Court shows that the Rules mandate two sets of notices to different potential
oppositors: one given to the persons named in the petition and another given to
other persons who are not named in the petition but nonetheless may be
considered interested or affected parties. Summons must, therefore, be served
not for the purpose of vesting the courts with jurisdiction but to comply with the
requirements of fair play and due process to afford the person concerned the
opportunity to protect his interest if he so chooses.
While there may be cases where the Court held that the failure to implead
and notify the affected or interested parties may be cured by the publication of
the notice of hearing, earnest efforts were made by petitioners in bringing to court
all possible interested parties. Such failure was likewise excused where the
interested parties themselves initiated the corrections proceedings; when there is
no actual or presumptive awareness of the existence of the interested parties; or
when a party is inadvertently left out.
It is clear from the foregoing discussion that when a petition for cancellation
or correction of an entry in the civil register involves substantial and controversial
alterations, including those on citizenship, legitimacy of paternity or filiation, or
legitimacy of marriage, a strict compliance with the requirements of Rule 108 of
the Rules of Court is mandated. If the entries in the civil register could be
corrected or changed through mere summary proceedings and not through
appropriate action wherein all parties who may be affected by the entries are
notified or represented, the door to fraud or other mischief would be set open, the
consequence of which might be detrimental and far reaching.
26
SPECIAL PROCEEDINGS
2004 Order of the Regional Trial Court, Branch 27, Gingoog City, in Spl. Proc. No.
230-2004 granting the Petition for Correction of Entry of Certificate of Live Birth
filed by respondent Dr. Norma S. Lugsanay Uy, is NULLIFIED.
Ismael Jimlan, S.
SUMMARY OF FACTS:
27
SPECIAL PROCEEDINGS
Petitioner Minoru Fujiki (Fujiki), a Japanese national married respondent
Maria Paz Galela Marinay (Marinay) in the Philippines on January 23, 2004. Sadly,
petitioner Fujiki could not bring respondent Marinay back to Japan and they
eventually lost contact with one another. In 2008, Marinay met Shinichi Maekara
and they married without the earlier marriage being dissolved.
Marinay suffered abuse from Maekara and so she left him and was able to
reestablish contact with Fujiki and rekindle their relationship. The couple was
able to obtain a judgment in a Japanese court that declared Marinay's marriage to
Maekara void on the ground of bigamy in 2010. Fujiki then filed a petition in the
RTC entitled: ―Judicial Recognition of Foreign Judgment (or Decree of Absolute
Nullity of Marriage)‖. In this case, petitioner prayed that:
(1) the Japanese Family Court judgment be recognized; (2) that the
bigamous marriage between Marinay and Maekara be declared void ab
initio under Articles 35(4) and 41 of the Family Code of the Philippines; and (3) for
the RTC to direct the Local Civil Registrar of Quezon City to annotate the Japanese
Family Court judgment on the Certificate of Marriage between Marinay and
Maekara and to endorse such annotation to the Office of the Administrator and
Civil Registrar General in the National Statistics Office (NSO).
The trial court dismissed the petition on the ground that it did not meet
standing and venue requirements as prescribed on the Rule on Rule on
Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (A.M. No. 02-11-10-SC), specifically, only the spouses (i.e. Marimay or
Maekara) may file an action for declaration of nullity of marriage. Petitioner in a
Motion for Reconsideration claimed that the case should not be dismissed as the
above rule applied only to cases of annulment of marriage on the ground of
psychological incapacity and not in a petition for recognition of a foreign
judgment. Notably, when the Solicitor General was asked for comment, it agreed
with the Petitioner stating that the above rule should not apply to cases of bigamy
and that insofar as the Civil Registrar and the NSO are concerned, Rule 108 of the
Rules of Court provide the procedure to be followed. Lastly, the Solicitor General
argued that there is no jurisdictional infirmity in assailing a void marriage under
Rule 108, citing De Castro v. De Castro and Niñal v. Bayadog which declared that
―[t]he validity of a void marriage may be collaterally attacked.‖
ISSUE:
RESOLUTION OF ISSUE/S:
28
SPECIAL PROCEEDINGS
The Supreme Court further held that:
xxx
xxx
Petition was granted and the RTC was ordered to reinstate the proceedings.
DOCTRINE:
29
SPECIAL PROCEEDINGS
SUMMARY OF FACTS:
30
SPECIAL PROCEEDINGS
boyfriend of five years. Upon receipt thereof, she discovered that she was already
married to a certain Ye Son Sune, a Korean National, on June 24, 2002, at the Office
of the Municipal Trial Court in Cities (MTCC), Palace of Justice. She denied having
contracted said marriage and claimed that she did not know the alleged husband;
she did not appear before the solemnizing officer; and, that the signature
appearing in the marriage certificate is not hers. She, thus, filed a Petition for
Cancellation of Entries in the Marriage Contract, especially the entries in the wife
portion thereof. Respondent impleaded the Local Civil Registrar of Cebu City, as
well as her alleged husband, as parties to the case.
During trial, respondent testified on her behalf and explained that she
could not have appeared before Judge Mamerto Califlores, the supposed
solemnizing officer, at the time the marriage was allegedly celebrated, because
she was then in Makati working as a medical distributor in Hansao Pharma. She
completely denied having known the supposed husband, but she revealed that
she recognized the named witnesses to the marriage as she had met them while
she was working as a receptionist in Tadels Pension House. She believed that her
name was used by a certain Johnny Singh, who owned a travel agency, whom she
gave her personal circumstances in order for her to obtain a passport. Respondent
also presented as witness a certain Eufrocina Natinga, an employee of MTCC,
Branch 1, who confirmed that the marriage of Ye Son Sune was indeed celebrated
in their office, but claimed that the alleged wife who appeared was definitely not
respondent. Lastly, a document examiner testified that the signature appearing in
the marriage contract was forged.
On May 5, 2009, the RTC rendered the assailed Decision, the petition is
granted in favor of the petitioner, Merlinda L. Olaybar. The Local Civil Registrar of
Cebu City is directed to cancel all the entries in the WIFE portion of the alleged
marriage contract of the petitioner and respondent Ye Son Sune. Petitioner,
however, moved for the reconsideration of the assailed Decision on the grounds
that: (1) there was no clerical spelling, typographical and other innocuous errors
in the marriage contract for it to fall within the provisions of Rule 108 of the Rules
of Court; and (2) granting the cancellation of all the entries in the wife portion of
the alleged marriage contract is, in effect, declaring the marriage void ab initio.
The RTC denied petitioner‘s motion for reconsideration. Petitioner now comes
before the Court in this Petition for Review on Certiorari under Rule 45 of the Rules
of Court seeking the reversal of the assailed RTC Decision.
ISSUE:
NO.
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SPECIAL PROCEEDINGS
the dissolution of marriage, support pendente lite of the spouses and children, the
liquidation, partition and distribution of the properties of the spouses and the
investigation of the public prosecutor to determine collusion. A direct action for
declaration of nullity or annulment of marriage is also necessary to prevent
circumvention of the jurisdiction of the Family Courts under the Family Courts Act
of 1997 (Republic Act No. 8369), as a petition for cancellation or correction of
entries in the civil registry may be filed in the Regional Trial Court where the
corresponding civil registry is located. In other words, a Filipino citizen cannot
dissolve his marriage by the mere expedient of changing his entry of marriage in
the civil registry.
However, in this case, the entries made in the wife portion of the certificate
of marriage are admittedly the personal circumstances of respondent. The latter
claims that her signature was forged and she was not the one who contracted
marriage with the purported husband. In other words, she claims that no such
marriage was entered into or if there was, she was not the one who entered into
such contract. It must be recalled that when respondent tried to obtain a
CENOMAR from the NSO, it appeared that she was married to a certain Ye Son
Sune. She then sought the cancellation of entries in the wife portion of the
marriage certificate.
DOCTRINE:
32
SPECIAL PROCEEDINGS
of the petition; it mandates the inclusion as parties of all persons who may claim
interest which would be affected by the cancellation or correction; it also requires
the civil registrar and any person in interest to file their opposition, if any; and it
states that although the court may make orders expediting the proceedings, it is
after hearing that the court shall either dismiss the petition or issue an order
granting the same. Thus, as long as the procedural requirements in Rule 108 are
followed, it is the appropriate adversary proceeding to effect substantial
corrections and changes in entries of the civil register.
Facts:
33
SPECIAL PROCEEDINGS
The petitioner filed before the RTC of Las Pinas impleading the Office of
Civil Registrar of Las Pinas for the correction of some entries in his birth certificate
as follows, parent‘s status as married to not married, correction of mother‘s name
from Tely to Matilde, and his name from Fran Cler to Francler. The RTC dismissed
the petition for correction of entries on the ground that it is insufficient in form and
substance. It ruled that the proceedings must be adversarial since the first
correction is substantial in nature and would affect petitioner‘s status as a
legitimate child.
Issue:
Ruling:
The Supreme Court held in negative. The court agrees with the RTC in
ruling that correcting the entry on petitioner‘s birth certificate that his parents
were married on December 23, 1983 in Bicol to "not married" is a substantial
correction requiring adversarial proceedings. Said correction is substantial as it
will affect his legitimacy and convert him from a legitimate child to an illegitimate
one.
In Republic v. Uy, it was held that corrections of entries in the civil register
including those on citizenship, legitimacy of paternity or filiation, or legitimacy of
marriage, involve substantial alterations. Substantial errors in a civil registry may
be corrected and the true facts established provided the parties aggrieved by the
error avail themselves of the appropriate adversary proceedings.
Doctrine:
34