DOJ et.al, vs Pennisi,

G.R. 169958, March 5, 2010

Entries in the certificate of live birth of a person are prima facie evidence of the facts stated therein.

On February 17, 2000, the Bureau of Immigration granted Alfie’s petition on the basis of the following documents he submitted:

(1) certified photo copy of his mother Annie’s birth certificate issued by the local Civil Registrar of San Antonio Nueva Ecija stating that Annie was born on August 14, 1949 of Filipino parents Lina and Ipe in Barangay Panabingan San Antonio;

(2) certified copy of the marriage certificate of Annie and Alfie Sr. dated January 9, 1971 indicating the Philippines as Annie’s birthplace;

(3) certified copy of Annie’s alien certificate of registration indicating her nationality as Filipino;

(4) certified copy of Alfie’s own birth certificate indicating the Philippines as his mother’s birthplace; and

(5) certified copy of the letter dated July 14, 1999 of the Australian Department of Immigration and Multi-cultural affairs stating that Annie has not been granted Australian citizenship.

On March 8, 2000, this order of recognition was finally affirmed by the Department of Justice (DOJ). Following his recognition as Filipino citizen, he was drafted as a professional basketball player by a PBA team.

Alfie’s certificate of recognition as a Filipino citizen after an investigation conducted by a Senate Committee found that the authenticity of documents he submitted was highly suspicious based on the affidavits of Panabingan Barangay Captain and Barangay Treasurer that there were no such person by the name of Ipe and Lina, Annie’s parents, who have lived or resided in said barangay. Both officials also claimed that even in their census or master list of voters the family names of Ipe and Lina do not exist.

Was the DOJ correct?

No. The documents submitted by Alfie have more probative value and must prevail over the statements of the Barangay Captain and Treasurer. Their affidavits have not overcome the presumption that the entries in the certificate of live birth of Annie are prima facie evidence of the facts stated therein. While these affidavits might have cast doubts on the validity of Annie’s birth certificate, such certificate remains valid unless declared invalid by competent authority. The rule stands that documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts stated therein.

Furthermore, there could be reasons why Ipe and Lina were not included in the census such as they could have been mere transients in the place. As for their absence in the master list of voters, they could have failed to register as voters.

Finally the Australian Department of Immigration and Cultural Affairs itself attested that as of July 14, 1999 Annie has not been granted Australian citizenship. Her alien certificate of registration also indicates her nationality as Filipino. These pieces of evidence should prevail over the affidavits of the Barangay Captain and Treasurer.