(Total 10%)
(a) B files a petition for cancellation of the birth certificate of her daughter R on the ground of falsified material entries therein made by B’s husband as the informant. The RTC sets the case for hearing and directs the publication of the order once a week for three consecutive weeks in a newspaper of general circulation. Summons was served on the Civil Registrar but there was no appearance during the hearing. The RTC granted the petition. R filed a petition for annulment of judgment before the Court of Appeals, saying that she was not notified of the petition and hence, the decision was issued in violation of due process. B opposed saying that the publication of the court order was sufficient compliance with due process. Rule. (5%)
(b) G files a complaint for recovery of possession and damages against F. In the course of the trial, G marked his evidence but his counsel failed to file a formal offer of evidence. F then presented in evidence tax declarations in the name of his father to establish that his father is a co-owner of the property. The court ruled in favor of F, saying that G failed to prove sole ownership of the property in the face of F’s evidence.
Was the court correct? Explain briefly. (5%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
1 comment:
VII.
a.
The RTC was wrong in granting the petition for cancellation of the birth certificate of R. The birth certificate of a person cannot be cancelled. Only the entries therein can be cancelled or corrected.
Moreover, R should have been made a party to the proceeding because what is involved is her birth certificate. The publication of the court order will not suffice. Section 3, Rule 108 of the Rules of Court provides that when cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.
Lastly, since changes sought in the petition are substantial, the proceedings should have been adversarial.
b.
The court was correct. G, being the plaintiff, has the burden of proof. He was not able to overcome the burden because of his failure to formally offer his evidence. Evidence not formally offered cannot be considered by the court.
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