ArticuLaw Primo

GR. No. L-32181, March 5, 1986

Republic vs. Valencia &Judge Hontanosas

 

 

Facts

 

This is a petition to review the decision of respondent Judge Agapito Hontanosas of CFI of Cebu who ordered the Local Civil Registar of Cebu to make the necessary cancellation and/or correction in the entries of birth of minor children of Leonor Valencia.

 

       The Local Civil Registrar filed a Motion to dismiss on the ground that since the petition seeks to change  the nationality or citizenship from “Chinese to Filipino” and their status from “Legitimate to Illegitimate”, and changing also the status of the mother from “Married to Single.”

 

  The correction sought are not merely clerical but substantial, involving as the do the citizenship and status of the petitioning minors and the status of their mother.

 

  From the foregoing decision, oppositor-appellant Republic of the Philippines appealed for petition for review on certiorari.

 

 

Issue

 

Whether or not the lower court erred in ordering the correction of the petitioner’s citizenship and civil status of her minor children.

 

 

Held

 

     The petition is denied for lack of merit.

 

     The decision of the lower court is affirmed.

 

     The petition filed by respondent in the lower court by way of special proceeding for cancellation and/or correction of entries in the civil register with the requisite notice & publication and the recorded proceedings that actually took place thereafter could very well be regarded as that proper suit or appropriate action. The parties (civil register and all persons who have or claim any interest), Notice and Publication and Opposition under Rule 108 is being complied in lower court proceedings.