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    2.republic V Valencia - Tolentino

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    This case involves a petition filed by Leonor Valencia on behalf of her minor children Bernardo and Jessica Go to cancel and correct entries in the civil registry regarding their birth certificates. Specifically, the petition seeks to change their nationality from Chinese to Filipino, their status from legitimate to illegitimate, and their mother's status from married to single. The trial court granted the petition. The issue on appeal is whether the proper procedure was followed for such corrections. The Supreme Court held that the procedure was proper, as all necessary parties were notified and published notices were made. However, it denied the petition, finding that denying the children citizenship when their siblings have it would be unjust, despite arguments about procedural technicalities.

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    2.republic V Valencia - Tolentino

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    123abc456def
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    This case involves a petition filed by Leonor Valencia on behalf of her minor children Bernardo and Jessica Go to cancel and correct entries in the civil registry regarding their birth certificates. Specifically, the petition seeks to change their nationality from Chinese to Filipino, their status from legitimate to illegitimate, and their mother's status from married to single. The trial court granted the petition. The issue on appeal is whether the proper procedure was followed for such corrections. The Supreme Court held that the procedure was proper, as all necessary parties were notified and published notices were made. However, it denied the petition, finding that denying the children citizenship when their siblings have it would be unjust, despite arguments about procedural technicalities.

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    2.Republic v Valencia_Tolentino

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    This case involves a petition filed by Leonor Valencia on behalf of her minor children Bernardo and Jessica Go to cancel and correct entries in the civil registry regarding their birth certificates. Specifically, the petition seeks to change their nationality from Chinese to Filipino, their status from legitimate to illegitimate, and their mother's status from married to single. The trial court granted the petition. The issue on appeal is whether the proper procedure was followed for such corrections. The Supreme Court held that the procedure was proper, as all necessary parties were notified and published notices were made. However, it denied the petition, finding that denying the children citizenship when their siblings have it would be unjust, despite arguments about procedural technicalities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    2.republic V Valencia - Tolentino

    Uploaded by

    123abc456def
    This case involves a petition filed by Leonor Valencia on behalf of her minor children Bernardo and Jessica Go to cancel and correct entries in the civil registry regarding their birth certificates. Specifically, the petition seeks to change their nationality from Chinese to Filipino, their status from legitimate to illegitimate, and their mother's status from married to single. The trial court granted the petition. The issue on appeal is whether the proper procedure was followed for such corrections. The Supreme Court held that the procedure was proper, as all necessary parties were notified and published notices were made. However, it denied the petition, finding that denying the children citizenship when their siblings have it would be unjust, despite arguments about procedural technicalities.

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    © All Rights Reserved
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    REPUBLIC vs.

    VALENCIA
    G.R. No. L-32181, March 5, 1986
    Entries in the Civil Register
    Gutierrez, Jr., J.
    FACTS:
    1. Leonor Valencia in behalf of her minor children Bernardo and Jessica Go filed a petition
    for the cancellation and/or correction of entries of their birth in the Civil Registry in the
    City of Cebu.
    2. The Trial Court issued an order directing the publication of the petition and the date of
    hearing in a newspaper of general circulation in the city and province of Cebu once a
    week for three consecutive weeks. A notice was duly served to the Solicitor General, the
    Local Civil Registrar and Go Eng.
    3. The petition seeks to change the nationality or citizenship of Bernardo and Jessica from
    Chinese to Filipino and their status from Legitimate to Illegitimate and changing also the
    status of the mother from married to single.
    4. The Local Civil Registrar avers that the corrections sought are not merely clerical but
    substantial because it involves the citizenship and status of the minors as well as the
    status of the mother.
    5. The Trial Court granted the petition
    ISSUE: WON the proceedings that took place could be regarded as proper suit or appropriate
    action for cancellation and/or correction of entries in the civil register.
    HELD/RATIO:
    YES. The persons who must be made parties to a proceeding concerning the cancellation or
    correction of an entry in the civil register are-(1) the civil registrar, and (2) all persons who
    have or claim any interest which would be affected thereby. Upon the filing of the petition, it
    becomes the duty of the court to-(l) issue an order fixing the time and place for the hearing of the
    petition, and (2) cause the order for hearing to be published once a week for three (3) consecutive
    weeks in a newspaper of general circulation in the province. The following are likewise entitled to
    oppose the petition: (I) the civil registrar, and (2) any person having or claiming any interest under
    the entry whose cancellation or correction is sought.
    If all these procedural requirements have been followed, a petition for correction and/or
    cancellation of entries in the record of birth even if filed and conducted under Rule 108 of
    the Revised Rules of Court can no longer be described as "summary". There can be no
    doubt that when an opposition to the petition is filed either by the Civil Registrar or any person
    having or claiming any interest in the entries sought to be cancelled and/or corrected and the
    opposition is actively prosecuted, the proceedings thereon become adversary proceedings.
    However, the petition is denied because it would be a denial of substantive justice if two
    children proved by the facts to be Philippine citizens, and whose five sisters and brother
    born of the same mother and father enjoy all the rights of citizens, are denied the same
    rights on the simple argument that the "correct procedure" not specified or even intimated
    has not been followed.

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