Republic v. Lim ( G.R. No. 153883 ) Republic v. Lim ( G.R. No.
153883 )
January 13, 2004 January 13, 2004
Case Digest: G.R. No. 153883 Case Summary: G.R. No. 153883
Facts This case involves a petition for review on certiorari
under Rule 45 of the Rules of Court filed by the
• Respondent, Chule Y. Lim, petitioned for
Republic of the Philippines against Chule Y. Lim. The
correction of her birth records due to several
case initially stemmed from a petition for correction of
erroneous entries including her surname,
entries under Rule 108 of the Rules of Court filed by
father's name, citizenship, and status as
Lim with the Regional Trial Court of Lanao del Norte,
"illegitimate."
Branch 4.
• Respondent claimed that her surname "Yu"
In her petition, Lim claimed that her birth records
was misspelled as "Yo," and her father's name
contained several errors. She was born on October 29,
was incorrectly recorded.
1954, in Buru-an, Iligan City. Her birth was registered
• She asserted that her nationality should be in Kauswagan, Lanao del Norte, but the Municipal Civil
"Filipino" as she is the illegitimate child of a Registrar of Kauswagan transferred her record to Iligan
Filipino mother and a Chinese father. City. Lim sought to correct four erroneous entries in
both her Kauswagan and Iligan City birth records.
• The trial court granted the petition to correct
the records, which the Republic appealed. During the trial, Lim testified that her surname "Yu"
was misspelled as "Yo," her father's name was
Issues
incorrectly recorded, her nationality was erroneously
• The Republic argued that the Court of Appeals entered as Chinese instead of Filipino, and her status
erred in recognizing respondent's citizenship as was incorrectly listed as legitimate when she should
"Filipino" without proving compliance with have been described as illegitimate. Her mother,
citizenship election requirements. Placida Anto, corroborated these claims, testifying
that she and Lim's father were never married because
• The Republic also contended that respondent
he had a prior subsisting marriage in China.
should not be permitted to use her father's
surname given her illegitimate status. The trial court granted Lim's petition and ordered the
Civil Registrar of Iligan City to correct her birth
Ruling/Ratio
records. The Republic of the Philippines appealed the
• The Supreme Court affirmed the lower court’s decision to the Court of Appeals, which affirmed the
ruling, stating that an illegitimate child of a trial court's decision. The Republic then filed a petition
Filipino mother automatically becomes a for review on certiorari, raising two main issues: the
Filipino citizen at birth without needing to elect correction of Lim's citizenship from "Chinese" to
citizenship. "Filipino" and the use of her father's surname despite
• The court highlighted that the use of a surname being an illegitimate child.
which a person has been known by since The Supreme Court held that the constitutional and
childhood is permissible, and significant statutory requirements for electing Filipino citizenship
changes in the civil registry can be made to apply only to legitimate children. Since Lim was an
correct errors without causing confusion. illegitimate child of a Filipino mother, she
• The ruling emphasized that failure to contest automatically became a Filipino upon birth without
the corrections indicated acceptance of the needing to elect Filipino citizenship upon reaching the
legitimacy of the corrections made. age of majority. The Court also found that the
correction of Lim's father's misspelled surname was
valid, as she had been using that surname since
childhood without any objections.
In conclusion, the Supreme Court denied the petition
for review and affirmed the decision of the Court of
Appeals, directing the Civil Registrar of Iligan City to
make the necessary corrections in Lim's birth records.
