Dear PAO,
Following their marriage, my parents executed an Affidavit of Legitimation and caused its annotation in my Certificate of Live Birth (COLB). However, I was later informed by the Philippine Statistics Authority (PSA) that my legitimation could not be effected after it discovered the prior subsisting marriage of my father. Subsequently, my father executed an Affidavit of Acknowledgment of Paternity, so that I could continue using his surname. May I cause the cancellation of prior annotation, and instead register the Acknowledgment of Paternity through a Petition for Cancellation or correction of entries under Rule 108 of the Rules of Court?
Andrean
Dear Andrean,
In Republic v. Boquiren (GR 250199, Feb. 13, 2023), penned by Associate Justice Henri Jean Paul Inting, the Supreme Court, citing its earlier decision in Braza v. City Civil Registrar of Himamaylan City [2009], explained that the legitimacy of a child may not be impugned by the mere expedient of changing entries with the local registry. It held:
"... In a special proceeding for correction of entries 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.' The court held that petitioner's cause of action therein actually sought the declaration of Pablo and Lucille's marriage as void for being bigamous, and the impugnation of Patrick's legitimacy, which causes of action are not governed by Rule 108. We then emphasized the doctrinal rule that the 'validity of marriages as well as legitimacy and filiation can be questioned only in a direct action seasonably filed by the proper party, and not through a collateral attack.'
"In other words ... a Rule 108 proceeding can be used to correct the annotation on a birth certificate pertaining to the parent's marriage only when it is certain that there really was no marriage in the first place. Allowing a Rule 108 proceding in such a case would not amount to a collateral attack on the validity of a marriage because there is no marriage to speak of.
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"Indeed, as the Court has consistently ruled, the legitimacy of a child cannot be collaterally attacked, and may be impugned only in a direct proceeding for that purpose: this doctrine applies with equal force to the impugnation of the status of 'legitimated' children."
Following the aforementioned pronouncement, it is clear that the issue of the legitimacy and filiation of a child could only be challenged through a direct action filed for that purpose. Corollary, filing a petition for cancellation or correction of entries in the civil registry will have the effect of collaterally questioning your legitimated status which is not allowed. Thus, only a direct proceeding filed by the proper parties for the purpose of impugning your legitimacy could challenge your present status. Any judgment in such an action could later serve as the basis for the filing of a special proceeding for correction of entries in your certificate of live birth.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
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