Cite as In re Phillip,11 FSM Intrm. 301 (Kos. S. Ct. Tr. 2002)

[11 FSM Intrm. 301]

SPECIAL PROCEEDING

Hearing: December 19, 2002
Decided: December 30, 2002

APPEARANCES:

HEADNOTES

Evidence

Authentic school and hospital documents, which reflect the correct birth date of a petitioner may used to establish the petitioner's correct birth date. In re Phillip, 11 FSM Intrm. 301, 302 (Kos. S. Ct. Tr. 2002).

Names

A court decree is required to document a change of name, even for spelling changes. In re Phillip, 11 FSM Intrm. 301, 302 (Kos. S. Ct. Tr. 2002).

Courts – Records

The Certificate of Live Birth is a document with critical legal importance. It forms the foundation upon which other important legal documents are issued. Therefore, the Certificate of Live Birth must be issued in accordance with a procedure, based upon credible factual information supporting the person's date of birth and other information entered on the certificate. In re Phillip, 11 FSM Intrm. 301, 302-03 (Kos. S. Ct. Tr. 2002).

Courts – Records

In order to protect the validity and reliability of birth certificates issued by the Kosrae state hospital, the hospital is ordered to issue a Certificate of Live Birth when the necessary information is properly authenticated and verified. The subject person of the certificate may not provide the only information that is relied upon by the hospital. The hospital shall review existing hospital records, other government records and other reliable records to establish the accuracy of information entered into each Certificate of Live Birth. Certificates which do not contain accurate information shall not be certified by the Kosrae State Court. In re Phillip, 11 FSM Intrm. 301, 303 (Kos. S. Ct. Tr. 2002).

[11 FSM Intrm. 302]

COURT'S OPINION

YOSIWO P. GEORGE, Chief Justice:

On December 2, 2002, Petitioner filed a Motion for Relief from Order. The Motion for Relief from Order was heard on December 19, 2002, at 10 am. Petitioner was represented by Canney Palsis. The following persons testified at the hearing: Martha E. Esau, Cynthia P. Aaron, Lyndon L. Cornelius and Alex Phillip, the Petitioner himself. Petitioner's Motion for Relief from Order was granted, as set forth below.

This Special Proceeding was initiated to investigate the discrepancies in documents pertaining to the birth date of the Petitioner. Petitioner had presented a birth certificate to the Court for certification in which the birth year was different than other documents pertaining to the Petitioner. Older documents pertaining to the Petitioner listed May 30, 1947 as the birth date of the Petitioner, Newer documents, including the recently issued Certificate of Live Birth listed the birth date of the Petitioner as May 30, 1946.

Martha E. Esau is the Records Technician at the Kosrae State Hospital. She admitted that the Petitioner's birth certificate, issued in October 2002, was issued solely on information provided by the Petitioner himself. There was no verification of the claimed birth date, or any other information provided by the Petitioner. There was no cross checking of the information provided on the Index Card, Exhibit # 1 to the Motion. Martha Esau also testified that new procedures have been adopted at the Hospital for the issuance of birth certificates. These new procedures require verification of information provided for birth certificates.

Cynthia P Aaron testified that Exhibit # 2 to the Motion is the School Transcript for the Petitioner, grades 7, 8 and 9. This transcript has been kept in custody at the school as an official transcript.

Lyndon Cornelius testified that the Petitioner was a classmate of his. He also testified that it was the understanding that 1946 was the birth year for him, for the Petitioner and their classmates.

Alex Phillip, the Petitioner, testified that 1946 is his correct birth year. He admitted that he changed his birth year to 1947 when he went off-island to attend school, to appear younger than he really was. However, Petitioner states that he now wants to use his correct birth year of 1946.

I find that the documents submitted by the Petitioner, Exhibits # 1 and # 2 to the Motion, are authentic school and hospital documents, and reflect the correct birth date of the Petitioner. Therefore, the date of May 30, 1946 is now established as the correct birth date of the Petitioner. A separate decree shall be issued to reflect this order.

The Court also notes that the Petitioner has been using the name of Alex P. Phillip, instead of Alik Palokoa, as reflected on Petitioner's Exhibit # 1 and # 2. Parties are reminded that a Court Decree is required to document the change of name, even for spelling changes. The decree shall also reflect that change of name for the Petitioner.

The Certificate of Live Birth is a document with critical legal importance. The Certificate serves as the basis for establishing a person's date of birth, which is then used for issuance of a variety of documents, including a driver's license and a passport, and eligibility for programs such as financial aid,

[11 FSM Intrm. 303]

loans, social security, insurance, etc. These documents are then utilized and relied upon not only in the State of Kosrae, and the Federated States of Micronesia, but also the United States and other international locations where a person may travel to. The Certificate of Live Birth forms the foundation upon which other important legal documents are issued. Therefore, the Certificate of Live Birth must be issued in accordance with a procedure, based upon credible factual information supporting the person's date of birth and other information entered on the Certificate.

In order to protect the validity and reliability of birth certificates issued by the Kosrae State Hospital, the Hospital is ordered to issue a Certificate of Live Birth when the necessary information is properly authenticated and verified. The subject person of the Certificate of Live Birth may not provide the only information that is relied upon by the Hospital. The Hospital shall review existing hospital records, other government records and other reliable records to establish the accuracy of information entered into each Certificate of Live Birth. Certificates of Live Birth which do not contain accurate information shall not be certified by this Court.