G.R. No. L-10226. February 14, 1958

This is an appeal from an order of the
Court of First Instance of Manila, dated September 13, 1955, denying
the petition of appellant Virginia Ansaldo to correct the birth
certificate of her son, James A. Wang, under the provisions of Article
412 of the New Civil Code, which reads as follows:

“ART. 412. No entry in a civil register shall be changed or corrected, without a judicial order.”

The facts are simple and undisputed. On April 5, 1954, a baby was
born to Virginia Ansaldo, a Filipina, and Henry H. Wang, a Chinese,
both single. The following day, the parents of the baby gave to the
Chief Nurse of the Sampaloc General Hospital, Manila, where the baby
was born, the information and data about the child and its parents
which are now made to appear on the child’s birth certificate, Exhibit
A, which for purposes of reference, we reproduced below:

“Full name of child: James A. Wang
	Nationality: Chinese
	Legitimate: No
Father: Full name—Henry H. Wang
	Citizenship:—Chinese
	Civil Status:—Single
	Religion:—Catholic
Mother: Full name—Virginia Ansaldo
	Citizenship—Filipina
	Civil status—Single
	Religion—Catholic

At the back of the birth certificate is an “Affidavit to be
Accomplished in Case of an Illegitimate Child”, which was signed by
both father and mother and subscribed and sworn to on April 23, 1954.

On February 10, 1956, the mother of the child, Virginia Ansaldo, filed
with the Court of First Instance of Manila a “Petition for Correction
of Birth Certificate”, seeking to change the word “Chinese” under the
child’s name James A. Wang and opposite the word “Nationality”, in the
birth certificate, to word “Filipino”. The petition was opposed by the
Solicitor General in representation of the Republic of the Philippines,
on the ground that entries in the civil register can be corrected only
if the alleged mistakes are clerical in nature, not those that would
affect the status or nationality or citizenship of the person involved,
citing our ruling in Ty Kong Tin vs.
Republic of the Philippines, (94 Phil., 321, 50 Off. Gaz. 1077). Acting
upon the petition and the opposition thereto, the lower court issued
the order of September 13, 1955, denying the petition, citing the same
case of Ty Kong Tin vs. Republic of the Philippines, supra.

Appellant contends that the correction sought by her in the birth
certificate of her son, James A. Wang, does not affect his nationality
or citizenship, as claimed by the Solicitor General and held by the
trial court, for the reason that her child under the law, is a Filipino
anyway, with or without the correction of his birth certificate,
because his mother is a Filipino citizen, and although his father is a
Chinese, the child was born out of wedlock, as further shown by the
birth certificate, to the effect that the child was not legitimate;
that being an illegitimate child, it follows the citizenship of its
mother; that the fact that the child was acknowledged by the parents
will not change his status as Filipino citizen, and that only a valid
marriage of a Filipino woman to a Chinese citizen would make the
offspring a Chinese citizen. Appellant further argues that the lower
court erred in declaring in its order that “even conceding, therefore,
as pointed out by counsel for petitioner that there is evidence that
James A. Wang is really a Filipino, and not a Chinese, such a fact, if
it is a fact, must be established in another appropriate action and not
in a mere petition under Article 412 of the New Civil Code.” She
maintains that under the provisions of Article 412 of the New Civil
Code, she has a right to petition for a judicial order to correct her
child’s birth certificate and that an appropriate action as suggested
by the trial court is unnecessary.

Without attempting to decide whether under the facts or data
appearing on the birth certificate in question, the child, James A.
Wang, is under the law, a Filipino citizen, following the nationality
of its mother, we feel that in the public interest and as a matter of
public policy, we should adhere to the ruling laid down by us in the
case of Ty Kong Tin vs. Republic of the Philippines, supra.
The petitioner in that case, Ty Kong Tin, alleged that he was a
Filipino citizen duly licensed to practice law in the Philippines, that
all his children were born in the City of Manila, whose births were
duly reported in the civil register by the midwife or doctor attending
their births, but that in submitting the report, it was made to appear
therein that the citizenship of the petitioner was Chinese instead of
Filipino, the mistake having been committed either by the midwife or
doctor making the report, without knowledge or consent of the
petitioner, and he filed a petition in court invoking the provisions of
Article 412 of the New Civil Code to correct the alleged mistake. In
denying the petition by reversing the order of the trial court granting
it, we held through Mr. Justice Bautista that:

“It is our opinion that the petition under
consideration does not merely call for a correction of a clerical
error. It involves a matter which concerns the citizenship not only of
petitioner but of his children. It is therefore an important
controversial matter which can and should only be threshed out in an
appropriate action. The philosophy behind this requirement lies in the
fact that ‘the books making up the civil register and all documents
relating thereto shall be considered public documents and shall be
prima facie evidence of the facts therein contained’ (Article 410, new
Civil Code), and if the entries in the civil register could be
corrected or changed through a mere summary proceeding, and not through
an appropriate action wherein all parties who may be affected by the
entries are notified or represented, we would set wide open the door to
fraud or other mischief the consequence of which might be detrimental
and far reaching.”

For the information of the parties concerned, and for the guidance
of the public in general, we may venture the opinion that the clerical
errors which might be corrected through judicial sanction under Article
412 of the New Civil Code, would be those harmless and innocuous
changes, such as, correction of a name that is clearly misspelled,
occupation of the parents, etc.; but for changes involving the civil
status of the parents, their nationality or citizenship, those are
grave and important matters which may have a bearing and effect on the
citizenship and nationality not only of said parents, but of the
offsprings, and to seek said changes, it is necessary to file a proper
suit wherein not only the State, but also all parties concerned and
affected should be made parties defendants or respondents, and evidence
should be submitted, either to support the allegations of the petition
or complaint, or also to disprove the same so that any order or
decision in the case may be made with due process of law and on the
basis of facts proven. Then and only then may the change or changes be
made in the entry in a civil register that will affect or even
determine conclusively the citizenship or nationality of a person
therein involved.

In view of the foregoing, the order appealed from is hereby affirmed. No costs.

Paras, C.J., Bengzon, Padilla, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Endencia, and Felix, JJ., concur.