IN THE MATTER OF THE PETITION OF GENARO YAP ALIAS YAP KIM GUAN FOR AMENDMENT OF ENTRIES IN THE CIVIL REGISTRY OF BIRTHS OF HIS MINOR CHILDREN, EDWIN, CAROLYN, WENDELL AND JOCELY…

On January 30, 1960, in Naturalization Case No. 449 of the
Court of First Instance of Cebu, decision was rendered declaring Genaro
Yap alias Yap Kim Guan “entitled to naturalization” upon
compliance vdth the other requisites set forth in Republic Act No. 530.
On March 20, 1962, upon final hearing, the said court granted
Philippine citizenship to Yap. He forthwith took his oath of
allegiance. That same day, March 20, 1962, Certificate of
Naturalization No. 309 (Judicial Form No. 131) was issued to him.

On September 17, 1962, the same Yap petitioned^[1]
the Cebu court praying t^at the records of birth of his four legitimate
minor children (with his wife Aida Yu) all born in Cebu City – Edwin
Tap, on February 9, 1958; Carolyn Yap, June 26, 1959; Wendell Yap,
November 7, 1960; and Jocelyn Yap, January 6, I960 – be amended to show
“the fact of the naturalization and final admission [of petitioned] to
Philippine citizenship”.

On August 7, 1963, after trial, the Cebu court rendered judgment directing the Local Civil Registrar of
Cebu City “to record in the record of births where the said minor
children of the petitioner are recorded and registered the fact that
since March 20, 1962 the citizenship of the said children has been
changed automatically from ‘Chinese’ to that of ‘Filipino’ by reason of
the naturalization of the petitioner, Genaro Yap alias Yap Kim
Guan, as granted in Naturalization Case No. 449 of this Court, and that
the Filipino citizenship of said petitioner shall be reckoned from
March 20, 1962, after the payment of the fees therefor, if the same are
required.”

The Republic appealed. Sola error: “The lower
court erred in ordering the Local Civil Registrar of Cebu City to
record in the record of births of the minor child of the petitioner the
fact that since March 20, 1962 the citizenship of the said children had
been changed automatically from Chinese to Filipino by reason of the
naturalization of their father, petitioner Genaro Yap alias Yap Kim Guan.”

The
Republic argues that Rule 108 of the Rules of Court merely authorizes
the cancellation or correction of any entry in the civil register; and
that since the records of birth of petitioner’s minor children “are
absolutely correct as of the dates of the birth of said children”,
there is nothing to change or correct. The government stands on firm
ground.

However, the petition herein simply asks that the
fact of petitioner’s “naturalization and final admission to Philippine
citizenship” be recorded in the records of birth of his children. And,
Article 407 of the Civil Code provides that “Acts, events and judicial
decrees concerning the civil status of persons shall be recorded in the
civil register”. Indeed, the civil register should reflect the true
facts referring to the civil status of persons from time to time. That
is a matter of public concern. Persons interested go to the Civil
Register to ascertain the correct status of a person. After all, the
register is a public document; it is “prima facie evidence of the facts therein contained”.^[2]

Petitioner
became a naturalized citizen. He holds a certificate of naturalization.
His minor children aforesaid were all born in the Philippines,
residents therein. His naturalization affects them.^[3]
It stands to reason to say that, by Article 407 of the Civil Code, such
change in the father’s status should also be noted in the records of
birth of his children.

We observe that the judgment below
directed the Registrar to record in the records of birth of
petitioner’s children the fact that since March 20, 1962 the
citizenship of said children has been changed automatically from “Chinese”to “Filipino”. Confusion may arise because the body of the decision a quo stated that the facts of the case “justify the granting of the request for an Order to have the birth records of said minor children, insofar as nationality is concerned, changed from ‘Chinese’ to ‘Filipino’.^[4]

But, there is nothing wrong
with the original entries in the records of birth of petitioner’s
children. Therefore, such entries cannot be changed; they cannot be
tampered with; no portion thereof can be erased or, for that matter,
stricken out; they should remain wholly intact. All that is to be added
thereto, as a supplement thereof, is that their father had become a
naturalized citizen.

Accordingly, the dispositive part of the decision under review should be amended to read, as follows:

“WHEREFORE,
upon payment of the required fees, the Local Civil Registrar of Cebu
City is hereby ordered to annotate on the records of birth of the minor
children Edwin, Carolyn, Wendell and Jocelyn, all surnamed Yap, the
fact that, on March 20, 1962, their father, petitioner Genaro Yap alias
Yap Kim Guan, was granted Philippine citizenship and issued Certificate
of Naturalization No. 309 in Naturalization Case No. 449 of the Court
of First Instance of Cebu.”^[5]

Judgment modified, as indicated. No costs.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon J.P., and Zaldivar, JJ., concur.

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^[1] Special Proceedings No. 2294-R.Court of First Instance of Cebu.

^[2] Article 410, Civil Code.

^[3] Tio Peng Hong vs. Republic, 52 Off. Gaz., No. 2, pp. 782,784, is authority for the statement that upon the naturalization of the father, “his minor children dwelling in the Philippines automatically become citizens thereof.” See also Section 15, Revised Naturalization Law.

^[4] Record on Appeal, p. 11; italic supplied.

^[5] Cf. Tiong, et al., vs. Republic, L-20715, November 27, 1965.