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    Republic Vs Kho

    Uploaded by

    XyzaPaolaOrtiz
    1) Carlito and his siblings filed a petition to correct entries in their birth certificates, including changing their mother's citizenship from "Chinese" to "Filipino" and deleting references to their parents being married. 2) The trial court granted the requested corrections to the birth certificates of Carlito and his siblings as well as corrections to the birth certificates of Carlito's children. 3) On appeal, the Supreme Court held that the failure to implead Carlito's wife and parents did not invalidate the trial court proceedings or render its judgment void, as the issues involved public interests and rights.

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    Republic Vs Kho

    Uploaded by

    XyzaPaolaOrtiz
    129 views2 pages
    1) Carlito and his siblings filed a petition to correct entries in their birth certificates, including changing their mother's citizenship from "Chinese" to "Filipino" and deleting references to their parents being married. 2) The trial court granted the requested corrections to the birth certificates of Carlito and his siblings as well as corrections to the birth certificates of Carlito's children. 3) On appeal, the Supreme Court held that the failure to implead Carlito's wife and parents did not invalidate the trial court proceedings or render its judgment void, as the issues involved public interests and rights.

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    Original Title

    Republic vs Kho

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    1) Carlito and his siblings filed a petition to correct entries in their birth certificates, including changing their mother's citizenship from "Chinese" to "Filipino" and deleting references to their parents being married. 2) The trial court granted the requested corrections to the birth certificates of Carlito and his siblings as well as corrections to the birth certificates of Carlito's children. 3) On appeal, the Supreme Court held that the failure to implead Carlito's wife and parents did not invalidate the trial court proceedings or render its judgment void, as the issues involved public interests and rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    129 views2 pages

    Republic Vs Kho

    Uploaded by

    XyzaPaolaOrtiz
    1) Carlito and his siblings filed a petition to correct entries in their birth certificates, including changing their mother's citizenship from "Chinese" to "Filipino" and deleting references to their parents being married. 2) The trial court granted the requested corrections to the birth certificates of Carlito and his siblings as well as corrections to the birth certificates of Carlito's children. 3) On appeal, the Supreme Court held that the failure to implead Carlito's wife and parents did not invalidate the trial court proceedings or render its judgment void, as the issues involved public interests and rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic VS Kho

    FACTS:
    On February 12, 2001, Carlito and his siblings Michael, Mercy Nona and Heddy Moira
    filed before the RTC of Butuan City a verified petition for correction of entries in the
    civil registry of Butuan City to effect changes in their respective birth certificates.
    Carlito also asked the court in behalf of his minor children, Kevin and Kelly, to order
    the correction of some entries in their birth certificates. In the case of Carlito, he
    requested the correction in his birth certificate of the citizenship of his mother to
    "Filipino" instead of "Chinese," as well as the deletion of the word "married"
    opposite the phrase "Date of marriage of parents" because his parents, Juan Kho
    and Epifania Inchoco (Epifania), were allegedly not legally married. The same
    request to delete the "married" status of their parents from their respective birth
    certificates was made by
    Carlitos siblings Michael, Mercy Nona, and Heddy Moira. With
    respect to th
    e birth certificates of Carlitos children, he prayed that the date of his and his wifes
    marriage be corrected from April 27,
    1989 to January 21, 2000, the date appearing in their marriage certificate. On April
    23, 2001, Carlito et al. filed an Amended Petition
    3
    in
    which it was additionally prayed that Carlitos second name of
    "John" be deleted from his record of birth; and that the name and citizen
    ship of Carlitos father in his (Carlitos) marriage certificate
    be corrected from "John Kho" to "Juan Kho" and "Filipino" to "Chinese," respectively.
    On September 14, 2001,
    7
    the OSG entered its appearance with an authorization to the city prosecutor of
    Butuan City to appear in the case and render assistance to it (the OSG). On January
    31, 2002, respondents presented documentary evidence showing compliance with
    the jurisdictional requirements of the petition and testimonial evidence consisting of
    the testimonies of Carlito and his mother, Epifania. During the same hearing, an
    additional correction in the birth certificates of

    Carlitos children was


    requested to the effect that the first name of their mother be rectified from
    "Maribel" to "Marivel." RTC Ruling: The trial court directed the local civil registrar of
    Butuan City to correct the entries in the record of birth of Carlito, as follows: (1)
    change the citizenship of his mother from "Chinese" to "Filipino"; (2) delete "John"
    from his name; and (3) delete the word "married" opposite the date of marriage of
    his parents. The last correction was ordered to be effected likewise in the birth
    certificates of respondents Michael, Mercy Nona, and Heddy Moira. As well as the
    prayer for the correction in the birth certificates of
    Carlitos minor children are granted. Further, the trial court granted the correction
    prayed for in Carlitos marriage certific
    ate.
    Whether the failure to implead Marivel and Carlitos parents
    rendered the trial short of the required adversary proceeding and
    the trial courts judgment void.
    Held: NO

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