GR L 21959; (June, 1966) (Digest)
G.R. No. L-21959; June 30, 1966
In the Matter of the Petition of GENARO YAP alias YAP KIM GUAN for Amendment of Entries in the Civil Registry of Births of his Minor Children, EDWIN, CAROLYN, WENDELL and JOCELYN, all surnamed YAP. GENARO YAP alias YAP KIM GUAN, petitioner and appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellant.
FACTS
Genaro Yap alias Yap Kim Guan was granted Philippine citizenship on March 20, 1962, after taking his oath of allegiance and being issued Certificate of Naturalization No. 309. On September 17, 1962, he filed a petition in the Court of First Instance of Cebu, praying that the records of birth of his four legitimate minor children (Edwin, Carolyn, Wendell, and Jocelyn, all surnamed Yap) be amended to show the fact of his naturalization and final admission to Philippine citizenship. The lower court granted the petition and directed the Local Civil Registrar of Cebu City to record in the children’s birth records that their citizenship had automatically changed from “Chinese” to “Filipino” since March 20, 1962. The Republic of the Philippines appealed, arguing that Rule 108 of the Rules of Court only authorizes the cancellation or correction of entries, and since the birth records were correct as of the dates of birth, there was nothing to change or correct.
ISSUE
Whether the court can order the annotation of the father’s naturalization on the birth records of his minor children, as opposed to changing or correcting the original entries regarding their citizenship.
RULING
Yes, but the annotation must be in the form of a supplement to the original record, not an alteration or correction. The Supreme Court modified the lower court’s decision. It held that while the original entries in the birth records are correct and cannot be tampered with, Article 407 of the Civil Code mandates that acts and judicial decrees concerning civil status be recorded in the civil register. The naturalization of the father is a judicial decree that affects the status of his minor children, as they automatically become Filipino citizens upon his naturalization. Therefore, the proper remedy is to annotate this subsequent event on the birth records. The dispositive portion was amended to order the Local Civil Registrar to annotate on the records of birth the fact that on March 20, 1962, their father was granted Philippine citizenship and issued a Certificate of Naturalization. The judgment was modified accordingly, with no costs.