SECOND DIVISION
G.R. No. 218354, September 15, 2021
SHEILA MARIE G. UY-BELLEZA, Petitioner, v. THE CIVIL REGISTRAR OF TACLOBAN CITY, Respondent.
D E C I S I O N
HERNANDO, J.:
This Petition for Review on Certiorari1 assails the March 20, 2015 Decision2 of the Court of Appeals (CA) in CA G.R. CV No. 04404, which granted the appeal of the Office of the Solicitor General (OSG).
Factual Antecedents:
On July 4, 2008, Sheila Marie G. Uy-Bel!eza (petitioner) filed a Petition for Correction of Entry in the Civil Registry3 before the Regional Trial Court (RTC) of Tacloban City, Branch 34 docketed as SR Proc. No. 2008-07-40. The petition sought the correction of the entry in her birth certificate stating that the nationality of her mother Adelaida Go Uy (Adelaida) is "Chinese" instead of "Filipino".
After finding the petition sufficient in form and substance, the RTC gave due course to the petition and ordered its publication in a newspaper of general circulation for three consecutive weeks and to furnish the OSG a copy of the petition.4
The OSG deputized Prosecutor Danilo L. Yee to appear for the State as its representative.5
After compliance with the required publication6 and entry of appearance of counsel for both parties, the RTC ordered Atty. Roselyn Fallorina, Officer-in-Charge Clerk of Court of RTC-Br. 34, to receive the evidence of petitioner and submit her report after the termination of the proceeding.7
In support of the petition, petitioner submitted the following:
1. Petitioner's Certificate of Live Birth issued by the National Statistics Office (NSO);8
2. Petitioner's Certificate of Birth issued by the Local Civil Registrar;9
3. Marriage Contract of the petitioner's parents issued by the NSO showing that Adelaida Go is a Filipino citizen;10
4. Adelaida's Certificate of Registration as a Voter issued by the Commission on Elections;11
5. Certificate of Live Birth of Jerome Uy, petitioner's brother, reflecting the citizenship of their mother Adelaida as "Fil":12 and
6. Adelaida's Expired Philippine Passport.13
Aside from her documentary evidence, petitioner also took the stand to attest to the Filipino citizenship of her mother, Adelaida.14 The latter herself testified that she is an illegitimate daughter of Lino Go, a Chinese national and Teodora Guinto, a Filipino citizen and that her failure to present her birth certificate was because she was born in 1942 during World War II and thus could not have registered her birth.15
Ruling of the Regional Trial
Court:
On January 4, 2009, the Commissioner's Report16 was submitted in court. On March 18, 2011, the trial court issued a Resolution17 granting the petition, the dispositi ve part of which states:chanroblesvirtualawlibrary
WHEREFORE, premises considered, the Petition is hereby GRANTED.Dissatisfied, the OSG filed a Motion for Reconsideration19 contending that the totality of the evidence presented by petitioner did not prove that her mother is a Filipino citizen so as to warrant the correction sought. The OSG posited that other than the bare allegation of Adelaida that she was the illegitimate daughter of a Chinese father and a Filipino mother, there was no other evidence presented to prove this claim.
The Civil Registry of Tacloban City and the Civil Registrar General, National Statistics Office are hereby ordered to correct the error in the Certificate of Live Birth of Sheila Marie G. Uy-Belleza changing the entry thereof in the column under the Nationality of her mother Adelaida Go from "CHINESE" to '"FILIPINO" and the supplied name "SHEILA MARIE" of the petitioner at the Local Civil Registry of Tacloban City be affirmed as her correct first name directing likewise the NSO to enter said name in her Certificate of Live Birth.
SO ORDERED.18
x x x [T]he Court finds that the evidence of the appellee has not satisfactorily and conclusively established that her mother Adelaida is a Filipino citizen so as to warrant the petition to change the entry in her birth records.Hence, the instant Petition.
The established rule that an illegitimate child of a Fiiipina need not perform any act to confer upon him/her all the rights and privileges attached to citizens of the Philippines cannot apply in Adelaida's favor. Other than the bare claim of Adelaida that she is an illegitimate child of a Chinese father and a Filipina mother, no evidence was presented to corroborate the same. First of all, the records are in dire need of any evidence to prove that Adelaida's mother was Filipino.
x x x
x x x Neither has the appellee presented a certification of loss or destruction of record Issued by the Office of the Civil Registrar nor any kind of evidence which could have at least corroborated the appellee's claim of her mother Adelaida's Filipino citizenship such as a baptismal certificate or the testimony of relatives.
In the same vein, the appellee's contention that her mother Adelaida had elected Philippine citizenship miserably fails as the alleged election was legally ineffectual. x x x
x x x
x x x The appellee cannot assert that her mother Adelaida's exercise of suffrage and the participation in election exercises constitutes a positive act of election of Philippine citizenship since the law specifically lays down the requirements for acquisition of citizenship by election. The mere exercise of suffrage and other similar acts showing exercise of Philippine citizenship cannot take the place of election of Philippine citizenship. At most, her registration as a voter indicates her desire to exercise s right appertaining exclusively to Filipino citizens. The exercise of the rights and privileges granted only to Filipinos is not conclusive proof of citizenship, because a person may misrepresent himself/herself to be a Filipino and thus enjoy the rights and privileges of citizens of this country.
x x x
In ruling that the appellee had satisfactorily proven her mother Adelaida's citizenship as a Filipino, the trial court gave much weight on the fact that she was issued a Philippine passport. A careful scrutiny of the records of this case however reveals that Adelaida herself testified that she merely executed an affidavit for the purpose of securing a passport. The propriety and legality of the issuance of the Philippine passport to Adelaida on the basis of a mere affidavit is beyond the cognizance of this Court in this case. x x x
x x x
WHEREFORE, premises considered, the instant appeal is GRANTED. The decision of the Regional Trial Court, Branch 34, Tacloban City dated March 18, 2011 granting the petition for the change of the entry in the column under the Nationality of her mother Adelaida Go from "CHINESE" to "FILIPINO" in the birth records of Sheila Marie G. Uy-Belleza is ANNULLED AND SET ASIDE.
The Government of the Republic of the Philippines requests all concerned to permit the bearer, a citizen of the Philippines, to pass safely and freely and, in case of need, to give him/her all lawful aid and protection. (Emphasis supplied.)The government's issuance of a Philippine passport to Adelaida in effect, is a recognition of her Filipino citizenship.
Verily, records reveal that the prosecution did not file any opposition to the petition.33 In addition, the prosecutor did not file any comment or opposition when petitioner filed her formal offer of evidence. Also, the sufficiency of the evidence submitted before the trial court relating to Adelaida's citizenship was never questioned. In fact, the prosecutor did not present any countervailing evidence to defeat the petition for correction of entry.
Pros. Danilo L. Lee on Cross Examination: Q. Mrs. Uy, did I hear you correctly when you said that your father was a Chinese Citizen and your mother was a Filipino? A. Yes, sir. Q. Did I hear you also correctly when you said that they were never married? A. Yes, sir. Q. Did they subsequently marry? Do you know if they got married? A. No, sir, until he died.32
Endnotes:
* Designated as additional Member per Special Order No. 2835 dated July 15, 2021.
1Rollo, pp. 3-20.
2 Id. at 23-34. Penned by Associate Justice Edgardo L. Delos Santos (now a retired Member of this Court) and concurred in by Associate Justices Ma. Luisa C. Quijano-Padilla and Marie Christine Azcarraga-Jacob.
3 Records, p. 1
4 Id. at 10.
5 Id. at 17.
6 Id. at 22.
7 Id. at 27.
8 Id. at 6.
9 Id. at 59.
10 Id. at 60.
11 Id. at 61.
12 Id. at 62.
13 Id. at 63.
14 TSN, Sheila Marie G. Uy-Belleza, September 1, 2009, records, pp. 36-44.
15 TSN, Adelaida G. Uy, November 26, 2009, records, pp. 45-50.
16 Records, pp. 65-68.
17 Id at 72-75.
18 Id. at 75.
19 Id. at 76-85.
20 Id. at 110-116.
21 CA rollo, pp. 48-61.
22Rollo, pp. 23-34.
23 Id. at 9.
24 Republic Act No. 8239, otherwise known as the Philippine Passport Act of 1996, Section 3(d).
25 Administrative Code of 1987, Book IV, Title 1 Chapter 13, Sections 48 and 49:chanroblesvirtualawlibrarySection 48. Definition. - A Philippine passport is an official document of identity of Philippine citizenship of the holder issued for travel purposes.26Maquiling v. Commission on Elections, 713 Phil. 190 (2013).
Section 49. Persons Entitled. - Qjjly citizens of the Philippines may be issued passports. A minor may, upon his own application, be issued a passport, except when his natural or legal guardian requests that the application be denied.
27 Records, p. 63,
28Yap v. Lagtapon, 803 Phil 663 (2017).
29 REPUBLIC ACT NO. 8239, Sec. 5:chanroblesvirtualawlibrarySec. 5. Requirements for the Issuance of Passport. – No passport shall be Issued to an applicant unless the Secretary or his duly authorized representative is satisfied that the applicant is a Filipino citizen who has complied with ths following requirements:30 Records, p. 62.
x x x
b) The birth certificate duly issued or authenticated by the Office of the Civil Registrar General: Provided, however, That if the birth of the applicant has not been registered yet, or if his birth certificate is destroyed, damaged, or riot available due to other causes, he shall apply for delayed registration of his birth with the Office of the Civil Registrar General which shall issue to said applicant a certification of pending application for delayed registration of birth attaching thereto a copy of an accomplished certificate of live birth. Such certification and the accomplished certificate of live birth shall be sufficient to support an application for passport in addition to other papers which the Department may require from the applicant;
c) In the absence of a birth certificate, & baptismal certificate for those who are members of a Christian religious organization, or similar or equivalent certificate issued by a non-Christian religious group, attesting to the applicant's having been admitted to such religious group or sect at an early age and where it is indicated that the applicant is a Filipino citizen, which should be accompanied by a joint affidavit by two (2) persons who have personal knowledge of the applicant and of such age as to credibly state the applicant's date and. place of birth, citizenship, and names of parents: Provided, That Filipinos who do not believe in any religion and whose parents for any reason failed to have the said applicant baptized shall be exempted from the baptismal certificate requirement: Provided, further, That in lieu thereof, the applicant shall execute an affidavit to that effect duly corroborated by affidavit of at least two (2) persons of good reputation who personally know such fact;
31Republic vs. Kho, 553 Phil. 176 (2007).
32 TSN, Adelaida G. Uy, November 26, 2009, p. 5, records, p. 49.
33 Records, p. 27.
34 ARTICLE IV.—CITIZENSHIP
SECTION 1. The following are citizens of the Philippines:chanroblesvirtualawlibrary35 Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the Constitution 1 shall be expressed in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be tiled with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.
(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. (5) Those who are naturalized in accordance with law.
36 Republic v. Sagun, 682 Phil. 303, 314 (2012).
37Republic vs. Lim, 464 Phil. 158 (2004).cralawredlibrary