G.R. No. L-17642, November 27, 1964
CANDIDA REYES, ET AL. vs. THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL CIVIL REGISTRAR OF MANILA

FACTS

Petitioners, including Candida Reyes (a Filipino citizen) and her minor children fathered by So Yong Ga (a Chinese subject), filed a petition to correct the entries in the civil register of Manila, which listed the children as Chinese citizens. They alleged the children, being born out of wedlock to a Filipino mother, are Philippine citizens, and the entries were erroneous.

ISSUE

Whether a petition for correction of entries under Article 412 of the Civil Code is the proper remedy to effect a change in the civil registry entries concerning nationality or citizenship.

RULING

No. The Supreme Court affirmed the dismissal of the petition. The Court held that Article 412 and the corresponding summary proceeding (now Rule 108 of the Revised Rules of Court) only allow the correction of clerical or typographical errors. A change involving nationality or citizenship is a substantial alteration that requires an appropriate adversarial action where all affected parties are notified and evidence is fully presented. The petition, though framed as one for correction,实质上 sought a judicial declaration of Philippine citizenship, a relief not available through a summary proceeding for correction of entries. The proper remedy is a separate action where the issue of citizenship can be thoroughly litigated.