GR L 20715; (November, 1965) (Digest)
G.R. No. L-20715 November 27, 1965
HENRY TIONG, ET AL., petitioners-appellees, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioners Henry Tiong, Robert Tiong, and George Tiu are the legitimate children of Tiong Sim @ Go Bon King and Benita Tiu. Their father, Tiong Sim @ Go Bon King, became a Filipino citizen by virtue of a final decree of naturalization issued by the Court of First Instance of Manila on December 5, 1953, and took his oath as a Filipino citizen on December 15, 1955. Subsequently, their father applied for and was granted a final judicial decree changing his name to Daniel C. Go. After this change, a notation was made on his certificate of naturalization. Following their father’s naturalization, petitioners were issued identification certificates by the Bureau of Immigration recording their citizenship as Filipino. Petitioners sought to have these changes—their new surnames (reflecting their father’s new name) and their present Filipino citizenship—annotated or corrected on their respective birth certificates on file with the local civil registrar. The government opposed, arguing the changes were substantial and controversial and thus not allowable under Article 412 of the Civil Code. The lower court granted the petition based on a stipulation of facts.
ISSUE
Whether the corrections or annotations sought by petitioners on their birth certificates—to reflect their change of surname and acquisition of Filipino citizenship due to their father’s naturalization and change of name—are permissible under the law, notwithstanding the government’s claim that such changes are substantial and controversial.
RULING
The Supreme Court affirmed the lower court’s order granting the petition. The Court held that the corrections or changes sought were not controversial but were based on indubitable documents and undisputed facts. The father’s naturalization and change of name were established by final judicial decrees. As legitimate minor children, petitioners were entitled to bear their father’s surname. By law, minor children born in the Philippines of a naturalized parent are considered Filipino citizens. The changes reflected judicial decrees concerning civil status, which under Article 407 of the Civil Code are required to be recorded in the civil register. Therefore, the annotations were proper to avoid future misunderstanding regarding petitioners’ true status and citizenship.