GR L 10226; (February, 1958) (Digest)
G.R. No. L-10226; February 14, 1958
VIRGINIA ANSALDO, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Virginia Ansaldo, a Filipina, and Henry H. Wang, a Chinese, both single, had a baby named James A. Wang on April 5, 1954. The child’s birth certificate, prepared the following day at the Samplaloc General Hospital, indicated his nationality as “Chinese” and his status as illegitimate, with both parents listed as single. An affidavit for an illegitimate child at the back was signed and sworn to by both parents. On February 10, 1956, Virginia Ansaldo filed a petition in the Court of First Instance of Manila under Article 412 of the New Civil Code, seeking to correct the child’s nationality entry from “Chinese” to “Filipino.” She argued that, as an illegitimate child, James A. Wang follows the citizenship of his Filipino mother, making him a Filipino regardless of the certificate’s entry. The Republic of the Philippines, through the Solicitor General, opposed the petition, contending that such a correction is not merely clerical as it affects nationality, citing the case of Ty Kong Tin vs. Republic of the Philippines. The lower court denied the petition, adhering to the Ty Kong Tin ruling.
ISSUE
Whether a petition under Article 412 of the New Civil Code is the proper remedy to correct an entry in a birth certificate regarding the nationality or citizenship of a person.
RULING
No. The Supreme Court affirmed the lower court’s order denying the petition. It held that the correction sought is not a mere clerical error but involves a grave and important matter affecting the citizenship and nationality of the child, which has a bearing on public interest. Following the precedent in Ty Kong Tin vs. Republic of the Philippines, such changes cannot be made through a summary proceeding under Article 412. The proper remedy is to file an appropriate action or suit wherein all parties who may be affected, including the State, are notified and can present evidence, ensuring due process. Article 412 is limited to correcting harmless and innocuous clerical errors, such as misspellings or occupations, not those involving civil status, nationality, or citizenship.