GR L 24540; (April, 1968) (Digest)
G.R. No. L-24540; April 25, 1968
ANTONIO LEE and the minors MANUEL VICTORIO LEE and ILUMINADA LEE, represented by their mother LAUREANA TIRONA, petitioners-appellants, vs. LEE HIAN TIU and THE LOCAL CIVIL REGISTRAR OF PASAY CITY, respondents-appellees.
FACTS
Petitioners Antonio Lee, Manuel Victorio Lee, and Iluminada Lee, represented by their mother Laureana Tirona, filed a petition for the correction of their birth certificates before the Local Civil Registrar of Pasay City. They sought to change the data in their birth records: specifically, to alter their nationality from “Chinese” to “Filipino” and their civil status from “legitimate” to “illegitimate.” Their mother, Laureana Tirona, also sought to change her civil status from “married” to “single.” The lower court, applying the precedent set in the Ty Kong Tin decision, dismissed the petition. Petitioners appealed, acknowledging that the corrections they sought would result in a substantial change affecting their citizenship and status, but hoping for a comprehensive ruling to guide future litigants.
ISSUE
Whether a petition for the correction of entries in the civil registry under Rule 108 of the Rules of Court (or its precursor) can be utilized to effect substantial changes, such as a change in nationality from Chinese to Filipino and a change in civil status from legitimate to illegitimate.
RULING
The Supreme Court DENIED the petition and AFFIRMED the decision of the lower court. The Court held that the remedy sought by the petitioners, while ostensibly a mere correction of entries, is in effect a request for a judicial declaration of Philippine citizenship. The Court reiterated its consistent doctrine, originating from Ty Kong Tin v. Republic, that a petition for correction of entries cannot be granted if it would result in substantial alterations affecting citizenship or status. The Court emphasized that such a procedure cannot be used as a substitute for an action for declaratory relief to obtain a judicial declaration of citizenship. To grant the petition would overturn a long and unanimous line of decisions upholding this sound policy. The Court cited numerous precedents, including Chug Siu v. Civil Registrar of Manila and Reyes v. Republic, to underscore that declaratory relief is not available for obtaining a declaration of citizenship. Costs were imposed against the petitioners.