Substantial changes in a person’s certificate of live birth (COLB) such as status, legitimacy and citizenship cannot be done through a mere petition for correction of entries.
Substantial changes in a person’s certificate of live birth such as status, legitimacy and citizenship cannot be done through a mere petition for correction of entries.
The rule also states that “the civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within 15 days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.” He impleaded as respondents the Local Civil Registrar of Manila, the National Statistics Office, and all persons who would be affected by the proceedings.On government’s appeal, the Court of Appeals on April 20, 2015 partially reversed and set aside the RTC decision.
But on filiation, the CA ruled that Eduardo failed to overcome the legal presumption that he is a legitimate child of his parents. It gave credence to the COLB of Eduardo which was considered a formidable evidence pursuant to the Civil Code and Article 172 of the Family Code for purposes of recognition and filiation.
“Rather, Eduardo’s filiation, status, and citizenship will be gravely affected. This will affect not only his identity, but his successional rights as well.” “Nevertheless, the dismissal of Eduardo’s petition for correction of entries and cancellation of annotation in his COLB is without prejudice to the filing of another petition under Rule 108 to modify his surname from ‘Cu’ to ‘Santos,’ the last name of his mother.
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