SC: Substantial changes in birth certificate requires adversary proceedings

The Supreme Court on Tuesday reminded that substantial changes made in a birth certificate such as legitimacy or citizenship status must be resolved through the appropriate adversary proceedings.

The high court stressed this as it dismissed without prejudice a petition for the correction of entries and cancellation of annotations by petitioner Eduardo Santos.

According to the SC, Santos sought to correct his records in the civil registry to reflect his surname as “Santos” instead of “Cu,” his nationality as “Filipino” instead of “Chinese,” and his mother’s civil status as “single” instead of “married.”

The court said that a petition for correction of entry under Rule 108 of the Rules covers clerical errors and substantial changes.

Due to this, it said the changes sought by Santos must be resolved through the appropriate adversary proceedings under Rule 108.

“What Eduardo seeks to correct are not mere clerical errors as the changes sought to be carried out are substantial. It is not a simple or negligible matter of correcting a single letter in his surname dues to a misspelling,” the court.

“Rather, Eduardo’s filiation, status, and citizenship will be gravely affected. This will affect not only his identity but his successional rights as well,” it added.

The Court also said that Santos failed to demonstrate that he exerted all efforts to bring to court the interested parties such as his siblings and their descendants. Both his parents have passed away.

In 2011, Santos filed a petition before the Regional Trial Court of Manila for correction of entries and cancellation of annotations in his birth certificate, where he said he was born in Manila to a Chinese father and a Filipino mother.

In 2013, the RTC ruled in his favor and ordered the changes to his birth certificate.

However, on appeal, the Court of Appeals partially reversed and set aside the RTC decision. It declared Santos as a Filipino citizen but maintained that he retains his surname “Cu.”

On further appeal, the SC set aside the CA ruling. — Joahna Lei Casilao/RSJ, GMA News

SC: Substantial changes in birth certificate requires adversary proceedings
Source: Filipino Viral News PH