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CANCELLATION OF CERTIFICATES OF LIVE BIRTH - YUHARES JAN BARCELOTE TINITIGAN v. REPUBLIC

FACTS:

Jonna Karla Baguio Barcelote filed a petition before the Regional Trial Court (RTC) seeking the cancellation of the birth certificates of her children, Yuhares Jan Barcelote Tinitigan and Avee Kynna Noelle Barcelote Tinitigan. Barcelote claimed that the birth certificates were registered by the children's biological father, Ricky Tinitigan, without her knowledge and contained incorrect information. She argued that as the mother and the one with parental authority, her choice of names for her children should be given priority. The RTC ruled in favor of Barcelote and ordered the cancellation of the birth certificates. However, the Court of Appeals (CA) reversed the decision, stating that the registrations of the children's births were valid and that the children can legally use their father's surname. Barcelote filed a petition to the Supreme Court, challenging the CA's ruling and raising concerns regarding the use of the children's surnames and the validity of the birth certificates.

ISSUES:

  1. Whether the birth certificates of the illegitimate children should be corrected to reflect the surname of their mother instead of their father.

  2. Whether the signature of the mother is required in the birth certificate of an illegitimate child.

  3. Whether the birth certificates in question were executed in accordance with the provisions of the law.

  4. Whether or not the best interests of the child should be considered in cases involving custody and adoption.

  5. Whether or not the adoption of the child by the petitioners is in the best interests of the child.

RULING:

  1. Yes, the birth certificates should be corrected. Illegitimate children born after August 3, 1988, shall use the surname of their mother. The use of the word "shall" in the law emphasizes its mandatory character. The discretion of the illegitimate child to use the surname of the father is conditional upon compliance with the law and its implementing rules and regulations. In this case, the birth certificates incorrectly reflected the surname of the father instead of the mother, and thus, should be corrected.

  2. Yes, the signature of the mother is required in the birth certificate of an illegitimate child. The law specifically states that the birth certificate of an illegitimate child shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses to acknowledge the child. This provision is mandatory and applies to all cases, irrespective of whether the father recognizes the child or not.

  3. The birth certificates in question were not executed in accordance with the provisions of the law. The birth certificates lacked the signature of the mother, which is a requirement for the registration of the birth of an illegitimate child. The local civil registrar had no authority to register the birth certificates as they were incomplete and did not comply with the requirements set by law.

  4. Yes, the best interests of the child should be the primary consideration in cases involving custody and adoption.

  5. Yes, the adoption of the child by the petitioners is in the best interests of the child.

PRINCIPLES:

  • Illegitimate children born after August 3, 1988, shall use their mother's surname, unless their filiation has been expressly recognized by the father. (Article 176 of the Family Code as amended by RA 9255)

  • The use of the word "shall" in the law denotes its mandatory character. (Grande v. Antonio)

  • The discretion of the illegitimate child to use the surname of the father is conditional upon proof of compliance with the law and its implementing rules and regulations.

  • Birth certificates should be registered and certified in accordance with the law. (Act No. 3753)

  • Lex specialis derogat generali: Where there is a particular enactment and also a general one which, in its most comprehensive sense, would include what is embraced in the former, the particular enactment must be operative, and the general enactment must be taken to affect only such cases within its general language which are not within the provision of the particular enactment.

  • Illegitimate children are under the sole parental authority of the mother: The mother of an illegitimate child has the parental authority and custody of the child. This right of custody springs from the exercise of parental authority, which includes the physical preservation and development of the child.

  • Acts executed against the provisions of mandatory or prohibitory laws shall be void: Any acts that are executed against the provisions of mandatory or prohibitory laws shall be considered void and unenforceable. In this case, the birth certificates were void and ordered to be cancelled because they were registered against the mandatory provisions of the law regarding the use of the mother's surname for her illegitimate children and the requirement of the mother's signature in the birth certificates.

  • The best interests of the child should be the primary consideration in cases involving custody and adoption.