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Braza vs. Civil Registrar of Neg. Occ

The document summarizes a court case regarding a petition to correct entries in a birth record. A woman named Ma. Cristina Torres and her children filed a petition to correct the birth record of Patrick Alvin Titular Braza, who was introduced after the death of Ma. Cristina's husband Pablo Sicad Braza as Pablo's son with another woman, Lucille Titular. The Regional Trial Court ruled it did not have jurisdiction to nullify marriages or rule on legitimacy and filiation through a petition for correction of entries, as the petition sought to nullify Pablo's marriage to Lucille and impugn Patrick's filiation, requiring notice and due process for all interested parties. The Supreme Court upheld this ruling,

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51 views2 pages

Braza vs. Civil Registrar of Neg. Occ

The document summarizes a court case regarding a petition to correct entries in a birth record. A woman named Ma. Cristina Torres and her children filed a petition to correct the birth record of Patrick Alvin Titular Braza, who was introduced after the death of Ma. Cristina's husband Pablo Sicad Braza as Pablo's son with another woman, Lucille Titular. The Regional Trial Court ruled it did not have jurisdiction to nullify marriages or rule on legitimacy and filiation through a petition for correction of entries, as the petition sought to nullify Pablo's marriage to Lucille and impugn Patrick's filiation, requiring notice and due process for all interested parties. The Supreme Court upheld this ruling,

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. Braza vs. Civil Registrar of Neg. Occ.

Facts:

Petitioner Ma. Cristina Torres (Ma. Cristina) and Pablo Sicad Braza, Jr. (Pablo),
also known as "Pablito Sicad Braza," were married on January 4, 1978. The union bore
Ma. Cristina’s co-petitioners Paolo Josef and Janelle Ann on May 8, 1978 and June 7,
1983, respectively, and Gian Carlo on June 4, 1980.

Pablo died on April 15, 2002 in a vehicular accident in Bandung, West Java,
Indonesia.

During the wake following the repatriation of his remains to the Philippines,
respondent Lucille Titular (Lucille) began introducing her co-respondent minor Patrick
Alvin Titular Braza (Patrick) as her and Pablo's son.

Ma. Cristina thereupon made inquiries in the course of which she obtained Patrick's
birth certificate from the Local Civil Registrar of Himamaylan City, Negros Occidental.

Ma. Cristina likewise obtained a copy of a marriage contract showing that Pablo and
Lucille were married on April 22, 1998, drawing her and her co-petitioners to file on
December 23, 2005 before the Regional Trial Court of Himamaylan City, Negros
Occidental a petition to correct the entries in the birth record of Patrick in the Local Civil
Register.

The RTC ruled that in a special proceeding for correction of entry under Rule 108
(Cancellation or Correction of Entries in the Original Registry), the trial court has no
jurisdiction to nullify marriages and rule on legitimacy and filiation.

Issue:

Whether or not the trial court has jurisdiction to nullify marriage and rule on legitimacy
and filiation in a petition for correction of entry.

Ruling:
No. Rule 108 of the Rules of Court vis a vis Article 412 of the Civil Code15 charts
the procedure by which an entry in the civil registry may be cancelled or corrected. The
proceeding contemplated therein may generally be used only to correct clerical, spelling,
typographical and other innocuous errors in the civil registry. A clerical error is one which
is visible to the eyes or obvious to the understanding; an error made by a clerk or a
transcriber; a mistake in copying or writing, or a harmless change such as a correction of
name that is clearly misspelled or of a misstatement of the occupation of the parent.
Substantial or contentious alterations may be allowed only in adversarial proceedings, in
which all interested parties are impleaded and due process is properly observed.

The allegations of the petition filed before the trial court clearly show that
petitioners seek to nullify the marriage between Pablo and Lucille on the ground that it is
bigamous and impugn Patrick’s filiation in connection with which they ask the court to
order Patrick to be subjected to a DNA test.

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