IN RE: PETITION FOR CORRECTION OF ENTRY OF CERTIFICATE OF BIRTH OF THE MINOR, CHUA TAN CHUAN, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.

The decision under appeal hardly commends itself as a
manifestation of judicial conduct at its most exemplary.  It would, by virtue of a petition for
correction of entry in the certificate of birth of the minor Jacob Chua, allow
an alien national to become a Filipino citizen. 
It cannot survive, therefore, the test of even a cursory scrutiny.  For, as is to be expected, we have left no
doubt about our disapproval of such a technique, unfortunately still resorted
to by some members of the bar, to obtain the highly coveted distinction of
gaining Filipino citizenship.  What else
is there for us to do then but reverse the lower court?

The facts resulting in the decision of the lower court of
September 24, 1965 ordering the correction of the birth certificate of the
minor Jacob Chua by changing his nationality from Chinese to Filipino are set
forth therein.  Thus: “A verified
petition was filed on April 28, 1965
by the petitioner Chua Tan Chuan thru counsel Atty.  Peregrino M. Andres
for the purpose of changing the nationality of his son Jacob Chua from Chinese
to Filipino as could be found in the birth certificate of Jacob Chua.  The petitioner in this case is a resident of
Sta. Ana, Davao City, Philippines and is a Chinese
citizen, while the minor Jacob Chua is under the custody and support of the
petitioner as according to the decision of this Honorable Court * * *; that
according to the certificate of birth of the minor prepared by the attending
physician he was born at the Brokenshire Memorial
Hospital on October 24, 1965.  The
nationality of the minor is indicated in the birth certificate as Chinese
instead of Filipino and according to the decision of this Court * * * of the
complaint filed by Leoncia Manglangit
against the petitioner Chua Tan Chuan, it was found that the petitioner and the
plaintiff were not legally married but they live as common-law husband and
wife; that Jacob Chua is the illegitimate child of Leoncia
Manglangit; and according to Exhibit ‘E’ which is the
birth certificate of the minor, stated that the nationality of the child is
Chinese and such entry was explained by the petitioner that there was a mistake
so that he has been asking for correction of the certificate of birth of the
minor.”^[1]

The lower court, the Honorable Vicente P. Bullecer
presiding, rendered its decision, as noted, on September 24, 1965. 
It apparently was oblivious of a 1964 decision, the opinion being penned
by the then Chief Justice Bengzon about ten months
before in Reyes v. Republic, wherein this Court reiterated the doctrine that a
change of citizenship cannot be thus effected.^[2]
In the language of the above decision: “The case before us is not of first
impression.  We have repeatedly declared
that in this jurisdiction, the remedy sought in the instant petition cannot be
granted in the manner desired.  While
ostensibly, the action seeks a mere correction of an entry in the Civil
Registry, in effect, it requests the judicial declaration of Philippine
citizenship.  Many such cases this Court
has dis­missed.  We have clearly stated
time and again, that declaratory relief is not available for the purpose of
obtaining a judicial declaration of citizenship. ” Such a doctrine has
subsequently been affirmed by us in even more recent decisions.^[3]

The appealed decision thus suffered from a congenital infirmity
beyond the possibility of any cure.  It
cannot survive.

WHEREFORE, the lower court decision of September 24, 1965 is reversed.  With costs against Chua Tan Chuan.

Concepcion, C.J., Reyes, JBl, Dizon, Makalintal,
Zaldivar, Sanchez, Ruiz Castro, and Capistrano, JJ., concur.

Teehankee and Barredo, JJ., did not take part.

^[1]
Decision, Record on Appeal, pp. 5-7.

^[2]
Reyes v. Republic, L-17642, November
27, 1964.

^[3]
Chug Siu v. Local Civil Registrar, L-20649,
July 31, 1967; Lee v. Lee Hian Tiu, L-24540, April 25, 1968; Dy
En Siu Co v. Local Civil Registrar, L-20794,
July 29, 1968.