IN THE MATTER OF THE CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF MIKEE MALINAO, RE: IN THE ENTRY OF HER “SEX” FROM “MALE” TO “FEMALE”,

Mikee Malinao, In the Matter of the Correction of Entry in the Certificate of Live Birth

The Case

This is the case of Mikee Malinao, a minor who asked the courts to correct the entry for sex in her certificate of live birth from male to female. The Republic of the Philippines, through the Office of the Solicitor General, opposed her and brought the matter up on appeal. The action is a petition for correction of a civil registry entry, and it matters for two reasons a reviewee should hold on to. First, it shows how a clerical error in the civil register is judicially corrected. Second, and more importantly for procedure, it teaches the rule on objection to documentary evidence — that the objection must be raised at the time the evidence is formally offered, and that evidence not objected to is deemed admitted.

Procedural History

Mikee Malinao, a minor represented by her grandmother Clarita Malinao, filed a petition for correction of an entry in her certificate of live birth before the Regional Trial Court of Malolos, Bulacan. In a Decision dated October 4, 2012, the trial court granted the petition, finding the evidence sufficient to change the entry from male to female. The Republic moved for reconsideration, and the motion was denied in an Order dated January 14, 2013. The Republic then appealed to the Supreme Court, arguing that the trial court erred in giving probative value to the medical certificate issued by Dr. Isabel Flores because the doctor was never presented in court to identify it. The Supreme Court denied the appeal and affirmed the trial court.

Facts

On April 17, 2012, Mikee Malinao, a minor represented by her grandmother Clarita Malinao, filed a petition for correction of an entry in her certificate of live birth. The entry for sex erroneously referred to her as male. Mikee maintained that she is female by birth and has not undergone any sex change. She discovered the error when she tried to secure a visa for Japan.

She attached several documents to her petition: a medical certificate issued by Dr. Isabel Flores of the Ospital ng Lungsod ng San Jose del Monte, Bulacan, stating that the examination yielded a result describing female looking external genitalia; a certification from the Girl Scouts of the Philippines signed by the Girl Scout Coordinator of Bagong Buhay Elementary School stating that Mikee was a member in 2009 and 2010; her identification card as a girl scout; her elementary school permanent record indicating that her sex is "babae"; a certification issued by Francisco Lizarondo, Principal of Citrus High School, affirming that she was then enrolled there and using the pronoun "her" to refer to her; and her whole body picture.

During trial, these documents were formally offered in evidence. On the witness stand, Mikee reiterated that she has not undergone any sex change. When asked what her sexual preference was, she answered, "Male, ma'am." The trial court granted the petition. The Republic moved for reconsideration, which was denied, and the Republic appealed, arguing that the trial court erred in giving probative value to the medical certificate because Dr. Flores was never presented in court to identify it.

Issues

• Whether or not the trial court erred in giving probative value to the medical certificate issued by Dr. Isabel Flores even though she was never presented in court to identify it.
• Whether or not the evidence is sufficient to establish that Mikee Malinao's sex is female.

Applicable Provisions

The decision does not quote any statutory provision. It applies the settled rule on the formal offer of documentary evidence and the rule that issues not raised below cannot be raised for the first time on appeal. The Court states the rule on objection to documentary evidence:

Objection to a documentary evidence must be made at the time it is formally offered.

This rule bears on the case because the Republic never objected when the medical certificate was formally offered, so the certificate was admitted and became part of the case.

The Court also states the rule on evidence not objected to:

Evidence not objected to is deemed admitted and may be validly considered by the court in arriving at its judgment.

This bears on the case because even if the certificate were otherwise incompetent, the failure to object bound the Republic to its admission.

Ruling

On the first issue, the Court held that the appeal is bereft of merit. An objection to documentary evidence must be made at the time it is formally offered. Evidence not objected to is deemed admitted and may be validly considered by the court in arriving at its judgment. When otherwise incompetent evidence is presented and accepted without objection, the party is bound by it, and the court is obliged to give it the probative value it deserves, even if by its nature it is inadmissible and would have been rejected had it been challenged at the proper time. Here, even if Dr. Flores was not presented to identify the medical certificate, the oppositor failed to make a timely objection when the certificate was formally offered. The certificate was admitted by the trial court, became property of the case, and all parties are amenable to any favorable or unfavorable effects resulting from it. Further, the non-presentation of the physician was never raised before the trial court, and issues not raised below cannot be resolved on review in higher courts.

On the second issue, the Court held that even without the medical certificate, the other pieces of evidence are considerably sufficient to establish Mikee's gender as female. The trial court gave weight to the testimonial evidence, the school records, and the pictures, and concluded that Mikee is a female. The Court adopted the totality of the findings of the trial court, noting that Mikee has always looked like a girl, has always lived as a girl, and has forever been regarded as one by the people around her. The Court also reiterated that it generally accords utmost respect and great weight to the factual findings of the trial court, absent some fact or circumstance of weight and influence that was overlooked or misinterpreted.

Doctrine

A Bar candidate must retain these rules. First, an objection to documentary evidence must be made at the time it is formally offered; otherwise, the evidence is deemed admitted and may be validly considered by the court. Second, a party who fails to object to otherwise incompetent evidence is bound by its admission and cannot complain on appeal. Third, issues not raised before the trial court cannot be raised for the first time on appeal, as this would offend the rules of fair play, justice, and due process. Fourth, factual findings of the trial court are generally accorded utmost respect and great weight, absent a showing of overlooked or misinterpreted facts. These rules tie directly to the quoted statements on objection and on evidence not objected to.

Disposition

The Supreme Court denied the appeal and affirmed the ruling of the Regional Trial Court of Malolos, Bulacan, granting the correction of the entry in Mikee Malinao's certificate of live birth from male to female.

Remember This

Memorize this line: an objection to documentary evidence must be made at the time it is formally offered, and evidence not objected to is deemed admitted. Examiners use this case in remedial law and evidence to test the rule on formal offer and the doctrine that issues not raised below cannot be raised for the first time on appeal.