513 Phil. 237; 103 OG No. 1, 12 (January 1, 2007)
AUSTRIA-MARTINEZ, J.:
- The name of her mother which should not be petitioner Librada A. Telin;
- The signature of informant referring to "Librada T. Delantar" being a forgery;
- The name of Simplicio Delantar as the biological father, considering that, as already mentioned, he is merely the foster father and co-guardian in fact of Maria Rosilyn and the name of the natural father in (sic) unknown;
- The date of marriage of the supposed parents, since the parents reflected in said certificate were (sic) actually full blood brother and sister and therefore marriage between the two is virtually impossible;
- The status of Maria Rosilyn as a legitimate child as the same (sic) is actually not legitimate;
- The date of actual birth of Marial (sic) Rosilyn, since the known father merely made it appear that she was born at the time the informations for the birth certificate were supplied by him to the civil registrar or (sic) proper recording;
- The name of the physician who allegedly attended at the time of birth of Maria Rosilyn, being a fictitious 'Dr. Santos'.[6]
WHEREFORE, judgment is hereby rendered:The RTC explained in its Decision thus:
- DECLARING the certificate of live birth of the Minor Maria Rosilyn Telin Delantar as registered under the Local Civil Registry No. 85-27325 of the office of the City Civil Registrar of Manila as null and void ab initio: and
- ORDERING the City Civil Registrar of Manila and the National Statistics Office, Manila, to expunge from their respective marriage registers the entry of the birth of said minor and such other documents pertaining thereto, if any.
Let a copy of this Decision be served on the Office of the City Civil Registrar of Manila and the National Statistics Office for record purposes.
SO ORDERED.[10]
During the initial trial, the petition was read aloud in open court to find out if there is any opposition thereto. There being none, the petitioner's counsel, Atty. Goering G.C. Paderanga, then established the jurisdictional requirements (Exhibits "A" to "E").[11] Thereafter, petitioner husband Platon Ceruila was placed on the stand as the lone witness for the petitioner and after he completed his testimony, Atty. Paderanga formally offered his evidence and rested his case.On July 15, 1997, Rosilyn, represented by her legal guardian, the DSWD, filed, with the CA, a petition for the annulment of judgment in the petition for cancellation of entry of her birth certificate.[13] She claimed that she and her guardian were not notified of the petition and the subsequent judgment and learned about the same only from the news on May 16, 1997.[14] She argued that the RTC decision was issued without jurisdiction and in violation of her right to due process; that the Judge did not have authority to declare her to be illegitimate; and that mere correction of entries, not cancellation of the entire certificate, is the appropriate remedy.[15]
The evidence on record reveals the following:
On May 11, 1985, a child was born at the Dr. Jose Fabella Memorial Hospital in Sta. Cruz, Manila. The name of the child was entered in her birth certificate as Maria Rosilyn Telin Delantar (Exhibit "I"). In the said birth certificate the name of the child's mother appear as Librada A. Telin (Entry No. 6) while that of her father as Simplicio R. Delantar (Entry No. 9). The birth certificate likewise shows that the parents of the child, Simplicio R. Delantar and Librada A. Telin, were married on February 14, 1977 in Manila (Entry No. 12). Likewise, in Entry No. 21 of the same document, it is made to appear that the mother of the child was 27 years old when the child was born and that she was attended in her delivery thereof by Dr. Santos (Entry No. 13). The birth certificate was signed by one Librada T. delos Santos as the informant and mother of the child with her given address as 2165 P. Burgos St., Pasay City (Entry No. 14). This is the very certificate of live birth that is being seriously impugned by the herein petitioners.
In support of their petition, the petitioners submitted the baptismal certificates of Simplicio Delantar (Exhibit "J") and Librada Delantar (Exhibit "K") to prove that they are full blood brother and sister and could not have been possible for them to have sired Rosilyn (sic). In the said baptismal certificates, the names of the parents of Simplicio and Librada are similarly entered as Juan Delantar and Carila Telen (Exhibit "J-1" and "K-1"). The Court is inclined to concur with the observation of the petitioner that it is highly unlikely that the alleged parents of Rosilyn would commit an incestuous act and proclaim to the whole world that they are the parents of the herein minor. The court has also observed that in the baptismal certificate of Librada Delantar, it is entered therein that she was born on January 8, 1940 in Tubod, Manglanilla, Cebu (Exhibit "K-2"). Such being the case, then Librada must have been 45 years of age at the time of the birth of Rosilyn in stark contrast to her age appearing in Entry No. 27 (sic) of the birth certificate of the latter which shows that Librada was 27 years old at the time of her delivery. The presentation of the baptismal certificate of Librada Delantar as secondary evidence of her birth certificate was resorted to after the Office of the Local Civil Registrar of Minglanilla, Cebu gave a certification to the effect that the records of birth on file with the office for the period January, 1940 to April, 1945 were all destroyed by WORLD WAR II (Exhibit "L"). And going for the jugular, so to speak, the signature of the person named Librada T. delos Santos in the birth certificate (Exhibit "I") purporting to be that of the petitioner wife and the signature of the latter appearing in the verification of the petitioner (sic) (Exhibit "A-6") are so strikingly dissimilar that they could not have but proceeded from two different hands. For it does not require the trained eye of an expert calligrapher to discern such discrepancy in the writing style.
In fine, there being an abundance of evidence to support the petitioner's claim that the birth certificate is indeed a falsified document, the Court is left with no other alternative but to grant the relief prayed for in the petition. To let the birth certificate reamin (sic) as it is would adversely affect the rights and interests of the herein petitioners.[12]
WHEREFORE, premises considered, the instant Petition is GRANTED.The CA reasoned that:
Judgment is hereby rendered DECLARING NULL and VOID the decision of the respondent Regional Trial Court dated April 11, 1997 in Special Proceedings No. 97-81893.
With costs against private respondents.
SO ORDERED.[21]
As shown in the caption of the petition in Special Proceedings No. 97-81893 entitled "In the Matter of Cancellation and Annulment of the Birth Certificate of Maria Rosilyn Telin Delantar", herein petitioner Rosilyn Delantar represented by her legal guardian, DSWD, was not made a party-respondent therein,"contrary to the mandatory provision of Section 3 of Rule 108 of the Rules of Court "The CA denied the motion for reconsideration of petitioners.[23] Hence, the present petition raising the following issues:
In the said Special Proceeding No. 97-81893, petitioners therein, Platon Ceruila and Librada D. Ceruila, sought not only a cancellation or correction of an entry in the birth certificate of Rosilyn Telin Delantar but in effect sought to annul, cancel or expunge from the Civil Register the subject birth certificate. With more reasons, therefore, that all parties, particularly Rosilyn Telin Delantar, or thru her legal guardian, the DSWD, whose birth certificate was sought to be annulled or cancelled from the Civil Register must not only be notified but must be made a party in the said petition.
...
Petitioner and her guardian are undoubtedly persons who have interest which would be affected by the petition for the obvious reason that it is the entry of her birth which is being sought to be annulled and cancelled.
...
In a similar case, the Supreme Court ruled that corrections of substantial entries in the certificate other than mere clerical errors, should be passed upon in an appropriate adversary proceedings with all the persons interested are made parties therein... Republic vs. Valencia (141 SCRA 462; 468-469; 470-474).
The proceedings undertaken in said Special Proceedings No. 97-81893 is indeed wanting of the required notice to all the parties having claim or interest which would be affected thereby, and of the adversarial proceedings, as disclosed in the decision dated April 11, 1997...
...
With the foregoing disquisitions, We find that the decision dated April 11, 1997 null and void for want of jurisdiction over the person of herein petitioner Rosilyn Delantar and the DSWD as her legal guardian and all persons who have or claim any interest which would be affected by the said decision. Also, the said decision dated April 11, 1997 is considered null and void for lack of due process there being no adversarial proceedings (was) conducted by the public respondent Regional Trial Court.
...
And, even if the same judgment had already become final and executory, and had in fact been executed, as in the instant case, still the execution thereof produces no legal effects. [22]
As to the first issue, petitioners argue that: since the falsification of the entries in the birth certificate of Rosilyn renders the same void ab initio, the case should be liberally construed as an ordinary civil action for declaration of nullity of falsified documents based on Article 5 of the Civil Code[25] and Section 15, Rule 6 of the Rules of Court[26] and not as a special proceeding; petitioners were only constrained to utilize the provisions of Rule 108 of the Rules of Court on the Cancellation or Correction of Entries in the Civil Registry since Article 5 of the Civil Code provides no procedure for the nullification of void documents which happens to be a birth certificate in this case; since the present case involves an ordinary civil action, the cases relied upon by the CA which are applicable only to special proceedings should not be applied herein; the civil registrar, which is an indispensable party, was duly served summons by mail; respondent, meanwhile, is not an indispensable party and granting that she is, she was deemed duly impleaded as her name was clearly stated in the caption of the case; respondent's location could not be determined as she was reported to have ran away from the custody of Simplicio, thus the publication of the petition and the order of the RTC setting the case for hearing once a week for three consecutive weeks in a newspaper of general circulation should be considered substantial notice and the requirements of due process deemed substantially complied with; there was no adversarial proceeding in court because the parties were declared in general default thus, just like an ordinary civil case, the court should receive evidence ex parte.[27]I
WHETHER OR NOT THE COURT OF APPEALS ERRED AND COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION IN DECLARING NULL AND VOID THE DECISION RENDERED BY THE REGIONAL TRIAL COURT OF MANILA BRANCH 38 DATED APRIL 11, 1997 IN SPEC. PROCEEDING NO. 97-81893 ENTITLED: IN THE MATTER OF CANCELLATION AND ANNULMENT OF THE BIRTH CERTIFICATE OF MARIA ROSILYN TELIN DELANTARII
WHETHER OR NOT THE HONORABLE COURT OF APPEALS SHOULD HAVE EXERCISED ITS PEREMPTORY POWER TO DECLARE THE SUBJECT BIRTH CERTIFICATE NULL AND VOID AB INITIO.[24]
SEC. 3. Parties. --- When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.Indeed, not only the civil registrar but also all persons who have or claim any interest which would be affected by a proceeding concerning the cancellation or correction of an entry in the civil register must be made parties thereto.[35] As enunciated in Republic vs. Benemerito,[36] unless all possible indispensable parties were duly notified of the proceedings, the same shall be considered as falling much too short of the requirements of the rules.[37]
...since only the Office of the Solicitor General was notified through the Office of the Provincial Fiscal, representing the Republic of the Philippines as the only respondent, the proceedings taken, which is summary in nature, is short of what is required in cases where substantial alterations are sought. Aside from the Office of the Solicitor General, all other indispensable parties should have been made respondents. They include not only the declared father of the child but the child as well, together with the paternal grandparents, if any, as their hereditary rights would be adversely affected thereby. All other persons who may be affected by the change should be notified or represented . . ..[39] (Emphasis supplied)In the present case, only the Civil Registrar of Manila was served summons, who, however, did not participate in the proceedings. This alone is clearly not sufficient to comply with the requirements laid down by the rules.
Section. 1. Coverage. --- This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.is merely for the annulment of the RTC Decision on grounds of extrinsic fraud and lack of jurisdiction, nothing more. The Rules do not allow the CA to resolve the merits of the petition for the amendment and cancellation of the birth certificate of Rosilyn or to substitute its own findings thereon.
Sec. 2. Grounds for annulment. ---The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction.
Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief.
Sec. 7. Effect of judgment. --- A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and void, without prejudice to the original action being refiled in the proper court. However, where the judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein.