GR 177861; (July, 2010) (Digest)
G.R. No. 177861 ; July 13, 2010
IN RE: PETITION FOR CANCELLATION AND CORRECTION OF ENTRIES IN THE RECORD OF BIRTH, EMMA K. LEE, Petitioner, vs. COURT OF APPEALS, RITA K. LEE, ET AL., Respondents.
FACTS
Spouses Lee Tek Sheng and Keh Shiok Cheng had eleven legitimate children. After Keh’s death in 1989, these children discovered that eight other individuals, including petitioner Emma Lee, claimed to be legitimate children of both Lee and Keh. An NBI investigation concluded these eight were likely fathered by Lee with another woman, Tiu Chuan, based on discrepancies in the recorded ages of the mother in hospital documents. The legitimate children filed a petition for correction of entry under Rule 108 to delete Keh’s name as Emma Lee’s mother and substitute Tiu’s name. They sought to subpoena Tiu to testify. Tiu, presumed to be Emma Lee’s mother, moved to quash the subpoena, invoking parental privilege under Rule 130, Section 25, and claiming it was oppressive given her age and the aim to badger her about an alleged illicit relationship.
ISSUE
Whether the Court of Appeals erred in reversing the trial court’s order quashing the subpoena ad testificandum against Tiu Chuan.
RULING
The Supreme Court affirmed the Court of Appeals and held the subpoena was properly issued. The legal logic proceeds on two grounds. First, the trial court’s basis for quashing—that the subpoena was unreasonable and oppressive—applies only to a subpoena duces tecum under Rule 21, Section 4 of the Rules of Civil Procedure, not to a subpoena ad testificandum. The latter compels testimony, not the production of private documents, and the cited grounds of oppressiveness are inapplicable. Second, the parental privilege under Rule 130, Section 25, which states no person may be compelled to testify against parents or direct descendants, does not apply. The privilege is strictly limited to relationships by direct line of ascent or descent, meaning a common ancestry. A stepmother and stepdaughter share no direct bloodline or common ancestry as defined by Article 965 of the Civil Code. Since Tiu is only Emma Lee’s alleged stepmother, the privilege cannot be invoked to avoid testifying. The petition for correction of entries is a proper proceeding to establish filiation, and Tiu’s testimony is relevant. The subpoena stands.