Philippine Statistics Authority v. Ferolino
REITERATIONFacts
The Antecedents: Respondent Clarilyn Ferolino, a graduating Dentistry student, applied for a copy of her Certificate of Live Birth (COLB) from the Philippine Statistics Authority (PSA). The PSA issued a Feedback Form indicating that her COLB could not be immediately provided because her mother's first marriage, registered in 1978, was still subsisting at the time of Ferolino's birth in 1993. The PSA required verification of the status of this prior marriage, requesting documentation such as a court decree of dissolution or a death certificate of the first husband, or clarification on whether legitimation or acknowledgment under Republic Act No. 9255 applied. Procedural History: Ferolino filed a special civil action for mandamus with the Regional Trial Court (RTC) to compel the PSA to issue her COLB. The RTC dismissed her petition, finding it insufficient in form and substance, and noting her failure to exhaust administrative remedies. The RTC also highlighted that the PSA's feedback form did not constitute an unlawful neglect of duty but rather a request for necessary verification. Ferolino's motion for reconsideration was also denied. She then appealed to the Court of Appeals (CA), which reversed the RTC's decision, ordering the PSA to issue the COLB. The CA found that the PSA had a ministerial duty to issue the COLB and that Ferolino had no other plain, speedy, and adequate remedy. The PSA's motion for reconsideration was subsequently denied by the CA. The Petition: The Philippine Statistics Authority (PSA) filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the CA's decision. The PSA argued that Ferolino failed to establish a clear right to the issuance of a COLB reflecting a legitimated status, contending that the issue was not merely the issuance of a COLB but the registration of an alleged legitimated status despite her birth during her mother's subsisting marriage. The PSA asserted that its ministerial duty does not extend to processing an alleged legitimated status contrary to law and that substantial corrections to civil status require adversarial proceedings. Furthermore, the PSA maintained that Ferolino failed to exhaust administrative remedies. Ferolino, in her comment, clarified that her mandamus petition aimed to compel the PSA to issue the machine-generated COLB from the Civil Registry System Database, which she needed for her dentistry licensure examination application, and reiterated that the PSA's duty to issue the COLB was ministerial.
Issue(s)
Whether the remedy of mandamus is proper to compel the Philippine Statistics Authority (PSA) to issue the Certificate of Live Birth (COLB) of Ferolino. Whether the Philippine Statistics Authority (PSA) unlawfully neglected its duty to issue the Certificate of Live Birth (COLB) of Ferolino. Whether Ferolino had other plain, speedy, and adequate remedy in the ordinary course of law.
Ruling
The Petition for Review on Certiorari is DENIED. The Decision dated March 31, 2017, and the Resolution dated March 15, 2018, of the Court of Appeals in CA-G.R. SP No. 145609 are AFFIRMED. The Office of the Solicitor General (OSG) is DIRECTED to investigate the allegation of the erroneous registration of Clarilyn Ferolino's Affidavit of Legitimation and the corresponding notation in her Certificate of Live Birth and to initiate an action to expunge or remove from the records of the Philippine Statistics Authority (PSA) any false entries that may be discovered.
Ratio Decidendi
On Issue 1: The Court held that mandamus is a proper remedy in this case. A petition for mandamus will issue only when it is proven that the petitioner has a clear legal right to the performance of the act sought to be compelled and the respondent has an imperative duty to perform the same. It is an extraordinary remedy to compel the performance of duties that are purely ministerial in nature, not those that are discretionary. In this case, the Court found that the issuance of Ferolino's Certificate of Live Birth (COLB) is compellable by mandamus. On Issue 2: The Court ruled that the Philippine Statistics Authority (PSA) unlawfully neglected its duty to issue the Certificate of Live Birth (COLB) of Ferolino. It is settled that the PSA has the ministerial duty of issuing certified transcripts or copies of any certificate or document registered upon payment of proper fees as mandated by Section 12 of Act No. 3753 or the Law on Registry of Civil Status. The PSA unlawfully neglected the performance of its ministerial duty when it conditioned the issuance of the requested COLB upon the verification of the remarks stated by the PSA in the Feedback Form. In requiring Ferolino to verify her status and to submit relevant documents, the PSA added requirements not mandated nor intended by law. Therefore, Ferolino was able to establish her clear legal right to the act demanded. On Issue 3: The Court found that Ferolino had no other plain, speedy, and adequate remedy in the ordinary course of law. There appears to be no clear appeal procedure that an applicant may undertake in the event that an application for the issuance of a Certificate of Live Birth (COLB) that was rejected. To require the applicant to go to court before being issued a COLB as stored and reflected in the records of the Philippine Statistics Authority (PSA) will be unduly burdensome to the applicant's right to secure a copy as it will delay her transactions or activities that require presenting her COLB.
Main Doctrine
The remedy of mandamus is proper to compel the Philippine Statistics Authority (PSA) to issue a Certificate of Live Birth (COLB) when the applicant has a clear legal right to the issuance, the PSA has a ministerial duty to perform the act, and the PSA unlawfully neglects the performance of that duty. The PSA cannot impose additional requirements not mandated by law as a condition for the issuance of the COLB. However, the court may direct the Office of the Solicitor General (OSG) to investigate any allegations of erroneous registration and initiate actions to correct false entries in the civil registry.