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1 Entitled In the Matter of the Petition for Correction of Entry in the Record of Birth of Sarah Zita C. Erasmo, Gladys C. Labrador v. The Local Registrar of Cebu City.

2 Penned by Judge Jose P. Soberano Jr.

3 The case was deemed submitted for decision on November 24, 1998, upon receipt by the Court of petitioners Memorandum. Respondent Labradors Memorandum was received earlier, on November 17, 1998.

4 Rollo, pp. 22-23.

5 Ibid., p. 18.

6 Ibid., pp. 18-19. The following exhibits were admitted:

EXHIBIT A- Petition

B- Order dated September 17, 1997

C- Notice of Order

D- Affidavit of Publication

D-1, D-2, and D-3 newspaper clippings.

7 Ibid., p. 19.

8 Ibid., p. 35.

9 Ibid., p. 34

10 Petition, p. 7; rollo, p. 13.

11 256 SCRA 69, April 2, 1996, per Panganiban, J.

12 141 SCRA 462, March 5, 1986, per Gutierrez, J. In this case, the trial court granted Respondent Leonor Valencias petition for the cancellation and/or correction of the entries in the birth records of her two minor children. Thus, the nationality of Valencias children was changed from Chinese to Filipino; their status from legitimate to illegitimate; and Valencias status from married to single.

13 Ibid.

14 168 SCRA 294, December 8, 1988, per Gancayco, J.

15 Ibid., pp. 301-302.

16 For example, in Republic v. Bautista, 155 SCRA 1, October 26, 1987, Respondent Imelda Mangabat Sorensen sought to correct and change the word American to Danish in the Birth Certificate of her minor son, Raymund, to reflect the true nationality of his father, Bo Huage Sorensen. To prove her claim, she presented her husband as a witness. He testified that he was Danish; presented a certification from the Royal Danish Consulate to prove this claim; and maintained that he was married to Imelda, and that in the birth certificate of their first child, his nationality as Danish was correctly stated. Likewise, in Republic v. Carriaga, 159 SCRA 12, March 18, 1988, the Court upheld the trial courts assessment that Respondent Tan Lim, who sought the correction of entries in the birth records of his children, was able to prove his claims through testimonial and documentary evidence. See also Republic v. Sayo, 188 SCRA 634, August 20, 1990.

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