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[WILLIAM H. BROWN v. REPUBLIC](https://www.lawyerly.ph/juris/view/c3752?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. L-9526, Aug 30, 1956 ]

WILLIAM H. BROWN v. REPUBLIC +

DECISION

99 Phil. 818

[ G.R. No. L-9526, August 30, 1956 ]

WILLIAM H. BROWN, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT

D E C I S I O N

CONCEPCION, J.:

On October 15,1935, Matea Piconada, single, was  delivered of a baby girl at the Maternity and Children's Hospital, City of  Manila, Philippines.  Thereupon, Matea told the hospital  authorities  that the  child's name  is Henrietta Piconada, and that her  father  is  unknown, and  it  was so stated in the report of the hospital to the office of the local civil registrar, and in the corresponding entry in the records  of the latter, as well as  in the birth certificate (Exhibit A)  of said child.  Almost twenty  (20)  years thereafter,  or in June 6; 1955, William H.  Brown instituted  the present case in the Court of First  Instance  of Manila.   In his petition he stated the foregoing facts and alleged that Henrietta Piconada is  his daughter; that ever since she began attending school, she had been registered and known as  Henrietta  Brown;  and  that  since early childhood she has been, and up  to the. present  she  is, under his custody "for her education and support * * * with the knowledge and consent of her, mother aforementioned." His prayer is-
 "that an order be issued directing the Civil Registrar of the City of Manila, to correct name and fill the blanks  appearing in the certificate of birth of Henrietta Piconada as unknown and change the nationality,  as. follows:

(1) 'Henrietta Piconada' to read as Henrietta Piconada Brown
(2) 'Nationality' from 'Filipino' to 'American'
(3) Under the column 'FATHER PADRE', the following: 1935:
      'Pull name' William H. Brown
      'Residence' 1235 Azcarraga St., Manila
      'Citizenship' American
      'Age last birthday 65
      'Birthplace Beecher City, Illinois, U.S.A.
      'Civil Status' Widower: 'Religion'  Roman Catholic
      'Occupation' Businessman.

to conform with the provision of Article 412 of  New Civil Code." Record on Appeal, pp.  3  and 4.)

An  opposition  was filed by the Solicitor  General,  on behalf of the Government, and, after appropriate proceedings,  the Court of First  Instance of Manila rendered a decision granting said petition, except as to the correction prayed for relative to the nationality of  Henrietta Piconada. The dispositive part of said decision reads  as follows:

"IN VIEW OF THE FOREGOING CONSIDERATIONS, the  Civil Registrar of the City of Manila is ordered  to add to the name of the Child Henrietta Piconada the surname 'Brown' and to  fill up the blanks under the  column 'father' with the data hereinabove stated."

The Government has appealed  from said decision, relying, mainly, upon the case of Ty  Kong Tin vs. Republic  of the Philippines  (50 Off.  Gaz.,  1078-1079), in which, referring to Article 412 of the Civil  Code of the Philippines  (cited in the petition  of herein appellee), it was held:

"This article provides that 'No  entry in a civil register shall be changed or corrected, without a judicial order.'  The bone of contention was the extent or scope of the matters that may be changed or corrected as contemplated in said legal provision.  After a mature deliberation,  the  opinion was reached that what was contemplated therein are mere corrections of mistakes that are clerical in  nature and not those which may affect the civil status  or the nationality or citizenship of the persons involved.  If the purpose of the petition is merely to correct a clerical  error then the court  may issue an order in  order that the error  or mistake may be  corrected.  If It refers to a substantial change, which affects the status  or citizenship of a party, the  matter  should be threshed out in a  proper action.depending upon the nature of the issue involved.  * * * This opinion is predicated upon  the theory that  the  procedure contemplated in article 412 is  summary in  nature  which cannot cover cases involving.controversial issues."

The appeal  is well-taken.   The very  petition  indicates that the entries in the office of the Local Civil Registrar were made in conformity with the  data furnished by Matea Piconada  upon the  birth of  her  daughter,  Henrietta Piconada.  In fact, when Matea Piconada then advised the hospital  authorities that. Henrietta 's father was unknown,  she merely  complied  with  the  provisions  of Article 280  of our Civil Code  reading:

"When the father or the mother makes the recognition  separately, he or she shall  not reveal  the name of  the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified."

Then again, the  allegations of the petition suggest that petitioner  had acknowledged  Henrietta as his natural child by acts  subsequent to her birth, more  particularly since her schooling  had began.   Hence, a decision directing the change or  correction of the official entries relative to Henrietta's birth, as prayed for in the petition,  would cause the records  of the local Civil Registrar  to state  as  a fact something which was hot so at the time of the event referred to in said entries.  What is more, this retrospective operation sought by herein petitioner would, in effect, sanction the recognition of a.minor, made otherwise  than "in a record  of birth or in a will", without the  previous judicial  approval  specifically required  therefor  by  law. (Article 281, Civil Code of the Philippines.)

Considering, however, that petitioner might have meant to secure, through this case, said judicial  approval to the recognition of Henrietta Piconada, let the records hereof be  remanded to the  lower court,  for the  corresponding amendments to the pleadings if petitioner wishes to  do so,  within such reasonable time as said court shall fix, and it is his intention to  acknowledge  Henrietta Piconada as his natural  child,  with the  approval of the court and, thereafter, for such further proceedings as the nature of the case may then demand or justify.   Should petitioner, however, fail or refuse to make said amendments,  this case should be dismissed.   Without special pronouncement as to costs.  It  is so ordered.

Paras, C. J., Bengzon, Padilla,  Montemayor,  Bautista Angelo, Reyes, J. B. L., Endencia,  and Felix, JJ., concur.


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