CHANGE OF NAME (Rule 103); CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY (Rule

108); CLERICAL ERROR ACT (RA 9048 as amended by RA 10172)

REMEDY TO CORRECT ERRONEOUS ENTRY IN CIVIL REGISTER

- Rule 108
- Petition for correction of entry

CLERICAL ERROR

- Mistake committed in the performance of clerical work in writing, copying, transcribing or typing
an entry in the civil register that is harmless and innocuous, such as misspelled name or
misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of
the person or the like, which is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or records
- RA 9048

SUBSTANTIAL ERROR

- That which when corrected will affect one’s civil status

- That which goes into one’s civil status
- Rule 108

ENTRY WAS “MARRIED” ALTHOUGH NO MARRIAGE IN REALITY; REMEDY

- Rule 108
- Petition for cancellation of entry
RULE 108 - SUBSTANTIVE BASES; GENERAL RULE

Article 407. Acts, events and judicial decrees concerning the civil status of persons shall be
recorded in the civil register. (325a)

Article 408. The following shall be entered in the civil register:

(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments
declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments
of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction;
(14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of
name. (326a)

Article 409. In cases of legal separation, adoption, naturalization and other judicial orders
mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the
decree to ascertain whether the same has been registered, and if this has not been done, to send a
copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)

Article 410. The books making up the civil register and all documents relating thereto shall be
considered public documents and shall be prima facie evidence of the facts therein contained. (n)

Article 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in
any civil register, to any person suffering damage thereby. However, the civil registrar may exempt
himself from such liability if he proves that he has taken every reasonable precaution to prevent the
unlawful alteration. (n)

Article 412. No entry in a civil register shall be changed or corrected, without a judicial order. (n)

Article 413. All other matters pertaining to the registration of civil status shall be governed by special
laws.

COVERAGE AND APPLICABILITY OF RULE 108

- Applicable only to corrections/cancellations which are not covered by RA 9048

- Hence, note matters falling under RA 9048 as amended

RA 9048; ENTRIES WHICH MAY BE CORRECTED ADMINISTRATIVELY, NOT NECESSARILY JUDICIALLY

- Clerical errors in an entry

- Change of first name or nickname
- Month and day in the date of birth
- Sex
NATURE OF REMEDY UNDER RA 9048

- Administrative
- Reason: Petition is filed with LCR where record sought to be corrected is kept, not with the RTC

REMEDY TO CORRECT FIRST NAME

- RA 9048

CLERICAL ERROR

- Mistake committed in the performance of clerical work in writing, copying, transcribing or typing
an entry in the civil register that is harmless and innocuous, such as misspelled name or
misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of
the person or the like, which is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or records
- RA 9048

SUBSTANTIAL ERROR

- That which when corrected will affect one’s civil status

- That which goes into one’s civil status
- Rule 108

REMEDY TO CORRECT SEX/GENDER

- RA 9048 as amended by RA 10172

REMEDY TO CORRECT MONTH AND DAY IN THE DATE OF BIRTH

- RA 9048 as amended by RA 10172

RA 10172 AMENDMENT

- Included:
1. Month and day of birth date
2. Sex
- Qualification: Error must be merely clerical in nature
YEAR OF BIRTH

- Substantial error
- Rule 108

WHO MAY FILE PETITION UNDER RULE 108

- Any person interested in any act, event, order or decree concerning the civil status of persons
which has been recorded in the civil register

WHO MUST BE IMPLEADED UNDER RULE 108

1. Civil registrar
2. Persons who have a claim or interest which would be affected by the correction/cancellation
- MANDATORY REQUIREMENT

EFFECT OF NON-INCLUSION OF ABOVE PARTIES UNDER RULE 108

- Fatal defect of petition; dismissal of petition

- Reason: They are indispensable parties

REPUBLIC v. UY, GR 198010, AUGUST 12, 2013

The fact that the notice of hearing was published in a newspaper of general circulation and notice
thereof was served upon the State will not change the nature of the proceedings taken.37 A reading
of Sections 4 and 5, Rule 108 of the Rules of Court shows that the Rules mandate two sets of
notices to different potential oppositors: one given to the persons named in the petition and another
given to other persons who are not named in the petition but nonetheless may be considered
interested or affected parties.38 Summons must, therefore, be served not for the purpose of vesting
the courts with jurisdiction but to comply with the requirements of fair play and due process to afford
the person concerned the opportunity to protect his interest if he so chooses.39

While there may be cases where the Court held that the failure to implead and notify the affected or
interested parties may be cured by the publication of the notice of hearing, (1) earnest efforts were
made by petitioners in bringing to court all possible interested parties.40 Such failure was likewise
excused where the (2) interested parties themselves initiated the corrections proceedings;41 when
there is (3) no actual or presumptive awareness of the existence of the interested parties;42 or when
a (4) party is inadvertently left out.43
It is clear from the foregoing discussion that when a petition for cancellation or correction of an entry
in the civil register involves substantial and controversial alterations, including those on citizenship,
legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the
requirements of Rule 108 of the Rules of Court is mandated.44 If the entries in the civil register could
be corrected or changed through mere summary proceedings and not through appropriate action
wherein all parties who may be affected by the entries are notified or represented, the door to fraud
or other mischief would be set open, the consequence of which might be detrimental and far
reaching.

Even substantial errors in a civil registry may be corrected and the true facts established provided
the parties aggrieved by the error avail themselves of the appropriate adversary proceeding.

What is meant by "appropriate adversary proceeding?" Black’s Law Dictionary defines "adversary
proceeding" as follows:

One having opposing parties; contested, as distinguished from an ex parte application, one of which
the party seeking relief has given legal warning to the other party, and afforded the latter an
opportunity to contest it. Excludes an adoption proceeding.

GENERAL RULE ON IMPLEADING AND NOTICE UNDER RULE 108

- Must be impleaded in the petition

- Must be personally served notice
- Reason: Rule 108 provisions on notice MANDATORY AND STRICTLY COMPLIED WITH

XPNs; WHEN PUBLICATION OF NOTICE OF HEARING MAY CURE FAILURE OF PETITIONER TO IMPLEAD
PERSONS INTERESTED

1. Earnest efforts were made by petitioners in bringing to court all possible interested parties
2. Interested parties themselves initiated the corrections proceedings
3. No actual or presumptive awareness of the existence of the interested parties
4. Party is inadvertently left out

WHERE RULE 108 PETITION FILED

- RTC of province where LCR is located

VENUE RULE 103 vs VENUE RULE 108

- Rule 103: Where petitioner resides

- Rule 108: Where LCR record kept sought to be corrected is located
ASS:

Summarize proceedings under 103 108 9048

Cases falling under Rule 108 and Rule 103 and 9048

Material allegations in 108 and 103 and 9048

103 vs 9048

Remedy if 9048 petition is denied

Orders issued by court upon filing 108 and 103

Jurisdictional allegations under 108 and 103

What must be proven under 108 and 103

Post judgment remedies/concerns under 108 and 103