Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1968 > February 1968 Decisions > G.R. No. L-24284 February 28, 1968 - JAIME LIM v. LOCAL REGISTRAR OF MANILA, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-24284. February 28, 1968.]

AIME LIM, Minor, represented by his mother TARCIANA RODRIGUEZ, Petitioner-Appellant, v. LOCAL REGISTRAR OF MANILA and LIM SUI KIAN, Respondents-Appellees.

Joaquin G. Chung, Jr. Law Office for Petitioner-Appellant.

Solicitor General for Respondents-Appellees.


SYLLABUS


1. CIVIL LAW; CIVIL REGISTRY; PETITION TO CORRECT ENTRIES, A SUMMARY PROCEEDING; DISMISSAL OF INSTANT CASE. — Where the manifest purpose of the petition to correct alleged errors in the record of the Civil Registrar is to make it appear that petitioner is an illegitimate child of a Filipina, not the legitimate child of a Chinese national and a Filipina, to bolster his claim to Filipino nationality, such petition must be dismissed and the dismissal must be with prejudice. Article 412 of the Civil Code contemplates a summary proceeding involving correction of clerical errors of the harmless and innocuous nature, not changes involving civil status, nationality or a change of name.

2. APPEAL; FRIVOLOUS APPEALS; TREBLE COSTS IMPOSED ON ATTORNEY AND APPELLANT SOLIDARILY, WHERE APPEAL IS MANIFESTLY DEVOID OF MERIT AND CONTRARY TO ESTABLISHED JURISPRUDENCE. — Where the appeal is manifestly devoid of merit and contrary to established jurisprudence, treble costs may be imposed jointly and severally on the appellant and his counsel. Moreover, a certified copy of the decision of the Supreme Court is ordered attached to the personal record of the attorney as a member of the Philippine Bar.


D E C I S I O N


CONCEPCION, C.J.:


Appeal from an order of the Court of First Instance of Manila dismissing this case, without prejudice and without pronouncement as to costs.

This is a petition for correction of an alleged error, in the records of the Local Civil Registrar for the City of Manila, concerning petitioner Jaime Lim, represented by his alleged mother, Tarciana Rodriguez. It is alleged in the petition, filed on September 2, 1963, that petitioner was born on September 7, 1953; that his parents are Lim Sui Kian, Chinese, and Tarciana Rodriguez, Filipino; that petitioner’s aforesaid parents "were not married to each other" at the time of his (petitioner’s) birth; that they remain "unmarried up to the present;" that, according to the aforementioned records, petitioner’s full name is "Jaime Lim," his nationality "Filipino" and his status, "Legitimate;" that, his true name is "Jaime Rodriguez" and his status "illegitimate;" and that, unless the errors thus allegedly committed "are properly corrected, the status f Minor Jaime Lim as Filipino citizen and an illegitimate child will cause legal doubt and great inconvenience in his official and private dealings to the prejudice of his rights and interest as a member of our citizenry." Accordingly, it is prayed that said entries in the Local Civil Register be corrected, so as to state that petitioner’s true name is "Jaime Rodriguez," instead of "Jaime Lim," and his status "illegitimate," instead of "legitimate." On July 14, 1964, the petition was amended, by eliminating therefrom any reference to petitioner’s father.

The manifest purpose of the petition is to make it appear that petitioner is an illegitimate child of a Filipina, Tarciana Rodriguez — not the legitimate son of Lim Sui Kian and Tarciana Rodriguez, as now set forth in the records of the local civil registrar — with a view to bolstering up his claim to Filipino nationality, following that of his Filipino mother, instead of that of his Chinese father, Lim Sui Kian. It is well settled, however, that Article 412 of our Civil Code, upon which petitioner herein relies, contemplates a summary proceeding, involving the correction of clerical errors, of a harmless and innocuous nature, not changes involving civil status, nationality or citizenship, which are substantial and/or controversial, or a change of name (Ty Kong Tin v. Republic, 94 Phil. 321; Ansaldo v. Republic, L-1O225, February, 1958, Alfonso Tan Su v. Republic, L-12140, April 29, 1959; Chomi v. Local Civil Registrar of Manila, 99 Phil. 1004; and Andrew Black v. Republic, L-1O226, February 14, 1958, 56 O. G. 4752). Hence the petition herein was properly dismissed by the lower court, although there appears to be no reason for making the dismissal "without prejudice."cralaw virtua1aw library

WHEREFORE, with the elimination of the qualification "without prejudice," the order appealed from is hereby affirmed and, since the present appeal is manifestly devoid of merit and contrary to the established jurisprudence, treble costs are hereby imposed, jointly and severally, upon petitioner-appellant and his counsel, Atty. Joaquin G. Chung, Jr. Moreover, let a certified copy of this decision be attached to the personal record of the latter, as a member of the Philippine Bar. It is so ordered.

Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.




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