1. Nature of the petition of change of name Republic vs. CA 209 SCRA 189 Republic vs. Carlito et.

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FACTS: 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 Carlito’s siblings Michael, Mercy Nona, and Heddy Moira. With respect to the birth certificates of Carlito’s children, he prayed that the date of his and his wife’s marriage be corrected from April 27, 1989 to January 21, 2000, the date appearing in their marriage certificate and the name of his wife “ Maribel” be changed to “ Marivel.” Carlito et al. filed an Amended Petition in which it was additionally prayed that Carlito’s second name of “John” be deleted from his record of birth; and that the name and citizenship of Carlito’s father in his (Carlito’s) marriage certificate be corrected from “John Kho” to “Juan Kho” and “Filipino” to “Chinese,” respectively. RTC ordered the local civil registry to correct the entries sought to be changed and the CA affirmed said decision. ISSUE: WON changes sought by respondents could only be granted through an adversarial proceeding? HELD: The enactment in March 2001 of Republic Act No. 9048, otherwise known as “AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF JUDICIAL ORDER,” has been considered to lend legislative affirmation to the judicial precedence that substantial corrections to the civil status of persons recorded in the civil registry may be effected through the filing of a petition under Rule 108.

The court shall also cause the order to be published once in a week for three (3) consecutive weeks in a newspaper of general circulation in the province. SEC. SEC. SEC. Notice and publication. Is change of name a matter of right/ valid ground for change of name/ dropping of middle name IN RE: PETITION FOR CHANGE OF NAME AND/OR CORRECTION/CANCELLATION OF ENTRY IN CIVIL REGISTRY OF JULIAN LIN CARULASAN WANG also known as JULIAN LIN WANG. (Emphasis and underscoring supplied) 2. and cause reasonable notice thereof to be given to the persons named in the petition.When all the procedural requirements under Rule 108 are thus followed. 4. CEBU CITY CIVIL REGISTRAR FACTS: Petitioner Julian Lin Carulasan Wang. Baptismal Name vs. — Upon the filing of the petition. . Parties. or from the last date of publication of such notice. 5. file his opposition thereto. to be amended/corrected as JULIAN LIN WANG. – When cancellation or correction of an entry in the civil registrar is sought. filed a petition for change of name and/or correction/cancellation of entry in the Civil Registry of Julian Lin Carulasan Wang. Julian and his sister might also be asking whether they are brother and sister since they have different surnames. Petitioner sought to drop his middle name and have his registered name changed from Julian Lin Carulasan Wang to Julian Lin Wang. they anticipate that Julian Lin Carulasan Wang will be discriminated against because of his current registered name which carries a middle name. duly represented by his mother ANNA LISA WANG vs. within fifteen (15) days from notice of the petition. The parents of Julian Lin Carulasan Wang plan to stay in Singapore for a long time because they will let him study there together with his sister named Wang Mei Jasmine who was born in Singapore…. which shall prevail Chami vs. 3. — The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may. JULIAN LIN WANG. fix the time and place for the hearing of the same. Civil Register in Manila 99 Phil 1004 3. the appropriate adversary proceeding necessary to effect substantial corrections to the entries of the civil register is satisfied. the court shall. Since in Singapore middle names or the maiden surname of the mother are not carried in a person’s name. the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. Opposition. Name in the Civil Register. by an order. a minor. represented by his mother Anna Lisa Wang.

ISSUE: a. (e) a sincere desire to adopt a Filipino name to erase signs of former alienage. or any compelling reason which may justify such change b. they pronounce it as “L. To justify a request for change of name. Requisites of a valid publication REPUBLIC vs. all in good faith and without prejudicing anybody. The touchstone for the grant of a change of name is that there be ‘proper and reasonable cause’ for which the change is sought. (d) when one has continuously used and been known since childhood by a Filipino name. Among the grounds for change of name which have been held valid are: (a) when the name is ridiculous. Importance of the publication of order Republic vs. Is change of name a matter of right? b. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has. Can a middle name be dropped? HELD: a. dishonorable or extremely difficult to write or pronounce. as in legitimation. Hernandez 258 SCRA 509 5.a.k. he must show proper or reasonable cause. and was unaware of alien parentage. so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry.” It is for these reasons that the name of Julian Lin Carulasan Wang is requested to be changed to Julian Lin Wang. c.Carulasan sounds funny in Singapore’s Mandarin language since they do not have the letter “R” but if there is. (c) when the change will avoid confusion. 4. A change of name is a privilege and not a right. petitioner must show not only some proper or compelling reason therefore but also that he will be prejudiced by the use of his true and official name. and (f) when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest. (b) when the change results as a legal consequence. MARIA ELOISA BRINGAS BOLANTE . ROSELIE ELOISA BRINGAS BOLANTE a. RTC denied the petition. What are the valid grounds for change of name? c.

2001. . 2001. No. On clarificatory question by the Court she said that her reason in filing the petition is her realization that there will be a complication upon her retirement. Bringas and a resident since birth of Bangued. to prevent confusion. and 4. That the name Maria Eloisa appears in all her school as well as in her other public and private records. 2006 FACTS: A petition for change of name was commenced by respondent Roselie Eloisa Bringas Bolante also known as Maria Eloisa Bringas Bolante on October 18.R. On June 5. as far as she can remember. 3. her registered name is Roselie Eloisa Bringas Bolante which name. 2002. born to spouses Floriano B. of legal age. July 20. At the scheduled February 20. as petitioner. respondent alleged. Abra. she wanted to secure a passport and wanted that the same be issued in her correct name and that she would not have filed the petition was it not for the passport. married. 2001 and actually held. Ms. 2001 directive for a resetting.G. she did not use but instead the name Maria Eloisa Bringas Bolante. 160597. after notice. among other things. issued a notice for a July 18. respondent presented and marked in evidence several documents without any objection on the part of petitioner Republic. Thus. the following: 1. In her petition before the RTC. She also categorically stated she had not been accused of any crime under either her registered name or her present correct name. 2001 initial hearing. The trial court ordered respondent. Bangued. Bolante and Paula B. acting upon the trial court's express March 26. Abra. represented by the Office of the Solicitor General (OSG). the trial court issued an Order giving respondent five (5) days within which to file a written formal offer of evidence to establish jurisdictional facts and set the presentation of evidence proper on March 26. Shortly after the trial court has declared its acquisition of jurisdiction over the case. scheduled on September 25. respondent took the witness stand to state that the purpose of her petition was to have her registered name changed to that which she had actually been using thru the years. On cross she stated that the purpose of filing the petition is that. That per records in the Office of the Municipal Civil Registrar. That she is a Filipino. and set the hearing on February 20. to comply with the jurisdictional requirements of notice and publication. At that session. the trial court rendered judgment granting the basic petition. the branch clerk of court. 2000. On January 23. Bolante prayed that her registered name be changed to conform to the name she has always carried and used. 2001 hearing. Following another resetting. thru the duly deputized provincial prosecutor of Abra. That her married name is Maria Eloisa B. 2. 2001. Bolante-Marbella. what actually would be the initial hearing was.

the initial hearing scheduled on February 20. Rule 103 of the Rules. the basic petition for change of name was filed on October 18. the Republic. …. must emphasize. 2001. 2. 2000. Sections 2 and 3. Judge of Branch III of the CFI of Cebu. by an order reciting the purpose of the petition. 2001. evidently upon realizing the error committed respecting the 4-month limitation. 3. non-compliance with these requirements would be fatal to the jurisdiction of the lower court to hear and determine a petition for change of name. 3. rule 103 of the rules of court is sufficient to vest the trial court with jurisdiction to take cognizance of the petition a quo? HELD: YES. 2000 and set for hearing on February 20. went to the Court of Appeals and the latter affirmed the decision of the trial court. of publication of the Order. through the OSG. Contents of petition. 2000 issues of the Norluzonian Courier. finally settling for September 25. . the court. Counted from the last day. as did the CA. The notice of hearing was published in the November 23. As gleaned from the records. (2) the publication must be at least once a week for three successive weeks. however. Rule 103 of the Rules of Court prescribe the procedural and jurisdictional requirements for a change of name. 2000 and December 7. with due notice to all concerned. SEC. Hon. In Republic v. shall fix a date and place for the hearing thereof. There is a substantial compliance with Sec. SEC. citing pertinent jurisprudence. and shall set forth: (a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing.A petition for change of name shall be signed and verified by the person desiring his name changed. lost no time in rectifying its mistake by rescheduling. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) months after the last publication of the notice. (c) The name asked for. The Court. ISSUE: WON respondent's substantial compliance with sec. 3. . In the context of Section 3.If the petition filed is sufficient in form and substance. the initial hearing for several times. Rule 103 of the Rules. (b) The cause for which the change of the petitioner's name is sought. and 30. publication is valid if the following requisites concur: (1) the petition and the copy of the order indicating the date and place for the hearing must be published. and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province. Order for hearing. or some other person on his behalf. December 7. 2001 is indeed within the four-month prohibited period prescribed under Section 3.In time. that the trial court. Rule 103 of the rules of court with respect to the jurisdictional requirements of notice and publication in Petition for Change of Name. .

The government. as an agency of the people. during the September 25. Petitioners had no knowledge that their father is a Chinese and that their surnames properly should be Ang Chay. represents the public and. the provincial prosecutor of Abra was fully apprised of the new dates of the initial hearing. Republic G. the petitioner Republic fully and knowingly acquiesced in the jurisdiction of the trial court. In this case. in good faith. the Solicitor General or his deputy shall appear on behalf of the Government. 5. to reiterate is already outside the 4-month limitation prescribed by the Rules. the surname that they have been using from the time they started schooling until they finished their studies and went into employment. effectively represents the public. As it were. as the court shall deem best. and with which they have always conducted. single and residents of San Francisco del Monte. No. Hernandez was the surname of their mother’s first husband but the two petitioners were daughters of the former by her second marriage to a certain Alejandro Ang Chay.R. the Solicitor General. and by which surname they have come to be known by everybody. In a very real sense. the Solicitor General deputized the provincial prosecutor of Abra for the purpose of appearing in the trial on his behalf. 1970 FACTS: Josefina Ang Chay and Mercedita Ang Chay prayed for the change of their respective names to Josefina Hernandez and Mercedita Hernandez. 2001 initial hearing which. the provincial prosecutor of Abra interposed no objection as to the genuineness. Another validating ingredient relates to the caveat against the petition being heard within 30 days prior to an election or within four (4) months after the last publication of the notice of the hearing. Furthermore. Quezon City. they would like to use Filipino names by having their surnames "Ang Chay changed to "Hernandez". therefore. ISSUE: WON petitioners continue to use the surname Hernandez? HELD: There is valid reason to justify the continued use by petitioners of the names by which they have been known. Consequence of a grant to change name Ang Chay et. The peculiar circumstances obtaining in this case and the requirements of fair dealing demand that we accord validity to the proceedings a quo. who appears on behalf of the government.and. Likewise. authenticity. L-28507 July 31. relevancy or sufficiency of the exhibits presented to prove the jurisdictional requirements exacted by the Rules. that having elected Philippine citizenship on 7 February 1966. al. . therefore. at least years prior to the filing of the petition. Accordingly. It cannot be over-emphasized that in a petition for change of name. (3) the publication must be in some newspaper of general circulation published in the province. any interested person may appear at the hearing and oppose the petition. vs. there was no actual need for a republication of the initial notice of the hearing. their various social and business activities.they were both of legal age. upon allegations that .

either to the government or to any other private party. thru the Assistant City Fiscal. Daniel and Antonio. nor create new family rights and duties where none exists before. On February 4. Civil Code of the Philippines) and that the wife has the right to use the surname of her husband (Article 370. that they finished their schooling and got employments. For. No. opposed the motion on the ground that (a) the order dated July 28. it is not difficult to understand that for them to start using the family name "Ang Chay at this time would cause no little amount of confusion and trouble in the lives of these girls. In an order dated March 30. although his petition mentions his other minor children. What would only be altered is the word or group of words by which he is identified and distinguished from the rest of his fellow men. and the name of his daughter from Marilyn Se to Gloria Cuakok has long become final and therefore can no longer be supplemented. including their mother's children by the first marriage. and (b) that his wife Lucia O. 1966. In The Matter Of The Change Of Names Of Secan Kok And Marilyn Se. Republic Of The Philippines G. Betty. alleging that the Bureau of Immigration refused to change the surname of his wife Lucia O. Secan Kok. and paid their income taxes. L-27621 August 30. Tomas. the court granted the motion for supplemental judgment. RTC granted the name as prayed for.Petitioners have been carrying the family name. Tee. 1966. the government. . petitioner-appellee filed a motion for supplemental judgment. as this Court has succinctly declared. 1966. Tee and their aforesaid six (6) minor children to Cuakok who were then registered in the Bureau of Immigration with the surname of Cua. who do not appear to have any hand at all in creating the situation they now find themselves in. namely Perfecto. such a petition being an individual and personal matter and not a collective one. should file a separate petition to change her name. Secan Kok vs. Marilyn. civil status or citizenship. is hereby changed to Gloria Cuakok. a mere change of name would not cause a change in one's existing family relations. The name of the petitioner. under that surname. is hereby changed to Antonio Cuakok Petitioner's daughter's name. being of age. 1966. voted in the local and national elections. Besides there is nothing on the record to intimate that herein petitioners' use of the surname "Hernandez" would cause damage or prejudice.R. Jr. the court set the hearing of the motion for the reception of evidence on the full identity of appellee's wife and six (6) minor children. petitioner-appellee replied to the said opposition contending that legitimate children shall principally use the surname of their father (Article 264. Romeo. 1973 FACTS: Appelee Secan Kok filed a petition to change his name and that of his daughter Marilyn Se respectively to Antonio Cuakok and Gloria Cuakok. 1966. 1965 of the trial court authorizing the change of his name from Secan Kok to Antonio Cuakok. On January 7. On January 10. "Hernandez". Civil Code) On February 28. Neither would it affect a person's legal capacity.

to confer jurisdiction on the court. Failure to comply with these jurisdictional requirements. or some other person in his behalf. There is need therefore for a separate petition to be filed by the wife Lucia O. Whom to implead as an indispensable party in a petition of change of name of a minor Republic vs. The petitioner might be in. who is already of age. or if an alien. since petitions for change of name are proceedings in rem. in her own behalf and in behalf of her minor children.ISSUE: WON wife Lucia O. Being a privilege and not a right. namely. strict compliance with the requirements is essential. Tee. Tee. To allow the change of name of the wife and other minor children of petitioner-appellee. and (3) the new name asked for. should file a separate petition to change her name? HELD: The rules are very explicit. upon a mere motion as an incident in the proceedings for the change of name of petitioner-appellee. renders the proceedings a nullity. being of age. a change of name lies within the discretion of the court give or withhold. or could have escaped from prison. Section 2 of Rule 103 of the Revised Rules of Court provides that a petition for a change of name shall be signed and verified by the person desiring his name to be changed. and (3) the name or names or aliases of the applicant. the rogues' gallery or hiding to avoid service of sentence or compliance with a judgment in a criminal case. and that both the title or caption of the petition and its body shall recite (1) the name or names or aliases of the applicant. who may be in possession of adverse information or evidence against the grant of the petition. The reason for these requirements is that a change of name is a matter of public interest. that such verified petition should be published for three (3) successive weeks in some newspapers of general circulation in the province. so that they will come forward with such information or evidence in order to protect public interest as well as the interest of private individuals who may be prejudiced by the change of name of the petitioner. (2) the cause for which the change of name is sought. he might have given cause for deportation or might be one against whom an order of deportation was issued or that the new name the petitioner desires to adopt may be similar to that of a respectable person and the latter might have evidence that petitioner is of unsavory reputation that might impair his own good name. (2) the cause for which the change of name is sought. Carlito et. will not only deprive the government of the required filing fees therefor but will also dispense with the aforesaid essential requirements respecting the recitals in the title of the petition and the publication to apprise persons.al FACTS: . Then again. 6.

” RTC ordered the local civil registry to correct the entries sought to be changed and the CA affirmed said decision. In Barco v. With respect to the birth certificates of Carlito’s children. Court of Appeals. born in 1991 and 1993 respectively. especially since the notices. to order the correction of some entries in their birth certificates. which states: Section 3. 2000 (his first marriage was still subsisting in 1989 and was annulled only in 1999). Carlito also asked the court in behalf of his minor children. 1989 to January 21. It seems highly improbable that Marivel was unaware of the proceedings to correct the entries in her children’s birth certificates. Rule 108 of the Rules of Court. the date appearing in their marriage certificate and the name of his wife “ Maribel” be changed to “ Marivel. 7. as an indispensable party? HELD: It is not necessary for Marivel to be impleaded as an indispensable party.Carlito and his siblings Michael. Kevin and Kelly. 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. the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. the Court held that the publication of the order of hearing under Section 4 of Rule 108 cured the failure to implead an indispensable party. This is embodied in Section 3. Change of name of unrecognized child . he prayed that the date of his and his wife’s marriage be corrected from April 27. – When cancellation or correction of an entry in the civil register is sought. Marivel. Parties. orders and decision of the trial court were all sent to the residence she shared with Carlito and the children. The essential requisite for allowing substantial corrections of entries in the civil registry is that the true facts be established in an appropriate adversarial proceeding. ISSUE: WON there is a need to implead the minors’ mother.

Lee Tek Sheng. can it be done administratively? In the Matter of the Petition for Correction of the Birth Certificates of Minors. falsified the entries in the records of birth of petitioners by making it appear that petitioners' mother was Keh Shiok Cheng. 2. How may correction of entries be effected? What kind of proceedings? Lee vs. Motion for reconsiderations were filed in the respective courts. First petition was dismissed for failure of the petitioners (defendants in the lower court) to appear at the hearing of the said motion. the second petition was set for hearing. If surname is the subject of the correction. every time Tiu Chuan gave birth to each of the petitioners. Tiu Chuan. A similar petition was filed against Emma Lee before the RTC of Kalookan. and the correspond. On the other hand. OFFICE . Unknown to Keh Shiok Cheng and private respondents.Republic vs. ELIGIA BATBATAN vs. CA – (page 262) FACTS: Private respondents are the children of Lee Tek Sheng and his lawful wife. Respondents filed two (2) separate petitions for the cancellation and/or correction of entries in the records of birth petitioners with the exception of Emma Lee before the RTC of Manila. The private respondents alleged in their petitions before the trial courts that they are the legitimate children of spouses Lee Tek Sheng and Keh Shiok Cheng who were legally married in China sometime in 1931 and petitioners were illegitimate children. Capote – (page 230) RULE 108 1. and by substituting the same with the name "Tiu Chuan". JORGE BATBATAN and his Sister DELIA BATBATAN. Zamboanga del Sur. who is allegedly the petitioners' true birth mother. said petitions were denied and the CA dismissed their petitions as well. The petitioners are allegedly children of Lee Tek Sheng and his concubine. Both petitions sought to cancel and/or correct the false and erroneous entries in all pertinent records of birth of petitioners by deleting and/or canceling therein the name of "Keh Shiok Cheng" as their mother. however. their common father. Keh Shiok Cheng.ing entries thereof in the Civil Registry of Pagadian .

Concept of clerical error . The petitioner prayer to strike out the surnames not sanctions by the Civil Code should have been granted by the lower court. they should bear the petitioners or mother surnames pursuant to the above provisions. ISSUE: WON change of surname can be done administratively? HELD: Yes. Corrections are not allowed when the effect is to change status. genealogical relationship or filiation of the children nor effect any substantial change or alteration which should be threshed out in a proper action. alias Sioma Luy. L-33724 November 29. ZAMBOANGA DEL SUR G. 3. or any substantial alterations. The corrections sought in this petition do not go so far as to affect citizenship or status. Zamboanga del Sur as JORGE Batbatan Ang and Delia Batbatan Luy. RTC denied the petition because entries in the records of birth in the Office of the local civil registrar are allowed only to correct clerical errors. would bring about a compliance with article 363 of the Civil Code which provides: "Illegitimate children referred to in Article 287 shall bear the surnames of the mother. Eligia Batbatan and Ang Kiu Chuy lived in a common-law relationship and were never married. According to the petitioner. The changes sought ." Since the petitioner children were born of a married man with a woman not his legitimate spouse and are thus "spurious or adulterous". if granted . The surnames of the two children were taken from the name and the alias of their father. Ang was married to another woman at the time their children were born. citizenship. No.OF THE LOCAL CIVIL REGISTRAR OF PAGADIAN. Mr. Ang Kiu Chuy. which should be decided in an appropriate proceeding. The error committed by the clerk have resulted in entries contrary to law. An elder daughter carried the name Jane Batbatan without the father's surname. citizenship. the change of surname can be done administratively. The mother wanted the "Ang" and the "Luy" surnames dropped from her children's names such that their corrected names would be Jorge Batbatan and Delia Batbatan. Eligia Batbatan filed this petition for the correction of entries as regards the names of the two children who were still minors. 1982 FACTS: Petitioner Eligia Batbatan is the mother of two children whose names were registered in the office of the local civil registrar of Pagadian. The corrections sought in the petition would not change the status.R.

this case is hereby DISMISSED without prejudice and without pronouncement as to costs. Paco. No. that petitioner Cesar Yu is the son of petitioner Mapalad Cruz and Aproniano Yu. that the entries in the birth certificate of Cesar Yu as recorded in the Civil Registry of Manila contain the following entries: Full Name — Cesar Young Name of Father — Aproniano Young. Cesar Yu And Dra. The opposition of the Solicitor General is based on the ground that the changes sought by petitioners-appellants cannot be effected by a proceeding under Article 412 of the Civil Code. respectively.correct the erroneous entries in his birth certificate by changing the surname "YOUNG" to "YU" under the column "Full Name of Child". petitioners contend that Rule 108 of the Rules of Court contemplates cancellation or correction of an error on a substantial matter in the civil register and that petitioner Cesar Yu's surname was not entered correctly in the civil register and the correction may therefore be secured judicially pursuant to Article 412 of the Civil Code in relation with the general provisions of the Rules of Court in special proceedings. Rule 108 of the Rules of Court.In The Matter Of The Correction Of The Surname Of Cesar Young. that the Local Civil Registrar of Manila need not be specifically mentioned as party and that the case may be filed in the residence of the petitioner as provided for in Section 2. L-36478 April 29. and the surname "Young" to "Yu" under the column "Father" so that the full name of the petitioner should read "CESAR YU" instead of "CESAR YOUNG". Rule 4 of the Rules of Court. Manila. and that these erroneous entries in the birth certificate of Cesar Yu in the Civil Registry of Manila were due to the mistake of the person who supplied the information to the Local Civil Registrar of Manila. Further. 1983 FACTS: Petitioners-appellants Cesar Yu and Mapalad Cruz. on April 2. filed with the Court of First Instance of Rizal a petition for correction of entry in the Civil Registry of Manila alleging that both petitioners are residents of San Juan. and that of his father as "Aproniano Yu" instead of "Aproniano Young. As Recorded In The Registry Of Births Of The Local Civil Registrar Of Manila. that Cesar Yu was born at the Sacred Heart Hospital at Looban. and that the court a quo acquired jurisdiction by publication because the petition for correction of surname is by its nature a special proceeding.R. Petitioner Cesar Yu prays that an order be issued directing the Civil Registrar of Manila to . the Rules of Court of the Philippines." The RTC dismissed the petition for the petitioners’ failure to make the Civil Registrar of the City of Manila a party to the proceedings as provided for in Sections I and 3 of Rule 108 of RC. . that the physician who attended his delivery erroneously gave the surname "Young" instead of "YU" to the newly born child when the birth of the child was recorded in the Civil Registry of Manila. Mapalad Cruz-Yu Vs. The Civil Registrar Of Manila G. son and mother. Rizal. It is the submission of the petitioners that the provisions of Article 412 of the Civil Code should apply instead of Sections 1 and 3. 1943.

Republic. (Ansaldo vs. may file a verified petition for the cancellation or correction of any entry relating thereto. Who may file petition. 11 SCRA 109). Section 1 of Rule 108 of the Revised Rules of Court provides: SECTION 1. The correction sought by petitioners-appellants is clearly substantial. Section 3 thereof requires that the Civil Registrar and an persons who have or claim any interest which may be affected thereby shall be made parties to the proceeding. " ACCORDINGLY. Republic. Valencia 141 SCRA 462 . order or decree concerning the civil status of persons which has been recorded in the civil register. the correction can only be made in a proper proceeding wherein the person concerned (Civil Registrar of Manila) should be made a party and be given the opportunity to be heard. Article 412 allows correction only of clerical mistakes. new Civil Code). November 28. SOORDERED. Beduya vs. Republic of the Philippines. The reason why non-clerical mistakes cannot be corrected under the summary proceeding set by Article 412 of the new Civil Code "lies in the fact that the books making up the Civil Register and all documents relating thereto shall be considered public documents and shall be primar facie evidence of the facts therein contained. petitioners having failed to comply with the requirements thereof. Appropriate adversary People vs. 1958). (Article 410. with the Court of First Instance of the province where the corresponding civil registry is located. the order appealed from is AFFIRMED and the petition is hereby DISMISSED. 4. not only clerical.The opposition is well-taken. and. 1958). event. the trial court committed no error in dismissing the petition. — Any person interested in any act. February 5. February 14. the petition must conform and comply with the provisions of Rule 108 of the Rules of Court and. (Ty Kong Tin vs. or some harmless and innocuous changes such as correction of a name that is clearly misspelled or of a misstatement of the occupation of the parties (Ansaldo v. 1954. and not through an appropriate action. wherein all parties who may be affected by the entries are notified or represented we would set wide open the door to fraud or other mischief the consequences of which might be detrimental and far reaching. A clerical error is one which is visible to the eyes or obvious to the understanding. Republic of the Philippines. affecting as it does not only their names but also their Identities. an error made by a clerk or a transcriber. a mistake in copying or writing (Black v. not those substantial changes which may affect the civil status or nationality of the persons involved. L-5609. 1047). 102 Phil. Republic. L-10226. Thus. and if the entries in the civil register could be corrected or changed through a mere summary proceeding. without pronouncement as to costs. L-10869. Thus.

Republic – ( 6. Cagandahan – (page 255) 7. Proceeding of change of entry of birth certificate Republic vs.5. Labrador – (page 253) . Change of gender from female to male by reason of congenital Adrenal Hyperplasia Republic vs. Change of sex on grounds of sex change Silverio vs.

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