RULE 108 CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY What is a Civil Register?

The Civil Register refers to the books and all documents relating thereto wherein all acts, events and judicial decrees concerning the civil status of a person are recorded. Coverage of Rule 108: Rule 108 of the Rules of Court Governs the judicial or court proceedings for the cancellation or correction of entries in the civil register. RA 9048 – Now governs the corrections of clerical and typographical errors in the civil register without need of a judicial order. Sec. 1. Who may file petition. - Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located. Who may file petition: Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto. Jurisdiction and Venue: RTC of the city or province where the corresponding civil registry is located. Sec. 2. Entries subject to cancellation or correction. - Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization (k) election, loss or recovery of citizenship (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name. Section 2 is similar to article 408 of the Civil Code. It simply enumerates the entries which may be the subject of cancellation or correction. Old rule: The rule is that only clerical or typographical errors or mistakes or errors of a harmless and innocuous nature in the entries in the civil register may be corrected. If it refers to a substantial change, which affects the status or citizenship of a party, the matter should be threshed out in a proper action depending upon the nature of the issue involved. This opinion is predicated upon the theory that the procedure contemplated in Article 412 is summary in nature which cannot cover cases involving controversial issues (Republic v. Medina, 119 SCRA 270, 1982). Rule 108 of the Revised Rules of Court now provides for such a procedure which should be limited solely to the implementation of Article 412, the substantive law on the matter of correcting entries in the civil register (Republic v. Medina, 119 SCRA 270, 1982). A clerical error is one which is visible to the eyes or obvious to the understanding; error made by a clerk or transcriber; mistake in copying or writing; or some harmless and innocuous change such as a correction of name that is clearly misspelled or misstatement of the occupation of the parents. Current rule: The case of Republic v. Valencia abandoned the old rule that only clerical or typographical errors or mistakes or errors of a harmless and innocuous nature in the entries in

If it refers to a substantial change which affect the civil status or citizenship or nationality of a party. The Court’s Ruling: It is undoubtedly true that if the subject matter of a petition is not for the correction of clerical errors of a harmless and innocuous nature.the civil register may be corrected. the same may be done under SUMMARY PROCEEDING pursuant to Article 412 of the Civil Code. or one that is visible to the eyes or obvious to the understanding. a petition for correction and/or cancellation of entries in the record of birth even if filed and conducted under Rule 108 of the Revised Rules of Court can no longer be described as "summary". misstatement of the occupation of the parents. Upon the filing of the petition. Strengthened the ruling in the Valencia case… . Errors involving Substantial Changes Grouped under this category are those which affect the civil status or citizenship or nationality of a party. Thus. affirmative relief cannot be granted in a proceeding summary in nature. such as correction of name that is clearly misspelled. and afforded the latter an opportunity to contest it. However. Entries which may be corrected: 1. the matter should be threshed out in an APPROPRIATE ADVERSARY PROCEEDING initiated in accordance with the procedural requirements of Rule 108 of the Rules of Court.) 2. and (2) cause the order for hearing to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. The following are likewise entitled to oppose the petition: (I) the civil registrar. the proceedings thereon become adversary proceedings. contested. What is meant by "appropriate adversary proceeding?" Black's Law Dictionary defines "adversary proceeding as follows: One having opposing parties. If the change or correction refers to mere correction of mistakes that are clerical in nature. There can be no doubt that when an opposition to the petition is filed either by the Civil Registrar or any person having or claiming any interest in the entries sought to be cancelled and/or corrected and the opposition is actively prosecuted. Purely Clerical Errors Grouped under this category are harmless change and innocuous changes. and (2) all persons who have or claim any interest which would be affected thereby. Lee vs CA. it is also true that a right in law may be enforced and a wrong may be remedied as long as the appropriate remedy is used. (Note: 9048 RA 9048 – Now governs the clerical and typographical errors in the civil register without need of a judicial order. which is indisputably substantial as well as controverted. as distinguished from an ex parte application. and (2) any person having or claiming any interest under the entry whose cancellation or correction is sought. it becomes the duty of the court to-(l) issue an order fixing the time and place for the hearing of the petition. This Court adheres to the principle that 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. Excludes an adoption proceeding. the persons who must be made parties to a proceeding concerning the cancellation or correction of an entry in the civil register are-(1) the civil registrar. If all these procedural requirements have been followed. The Supreme Court ruled that the procedure under Rule 108 is either summary or adversary. one of which the party seeking relief has given legal warning to the other party. but one involving nationality or citizenship.

Hence. To change means to replace something with something else of the same kind or with something that serves as a substitute. Their cause of action is actually to seek the declaration of Pablo and Lucille’s marriage as void for being bigamous and impugn Patrick’s legitimacy. effectively excluding from its domain. In Rule 108. "MERLYN. 3. status. 2009 Issue: WON in a special proceeding for correction of entry. 9048 now embodies that summary procedure while Rule 108 is that appropriate adversary proceeding. Titular. Dec. 9048 is Congress response to the confusion brought by the failure to delineate as to what exactly is that so-called summary procedure for changes or corrections of a harmless or innocuous nature as distinguished from that appropriate adversary proceeding for changes or corrections of a substantial kind. 4. doctrinally. Held: The trial court has no jurisdiction to nullify marriages and rule on legitimacy and filiation. Republic Act No. we have failed to categorically state just what that procedure is. The provision neither qualifies as to the kind of entry to be changed or corrected nor does it distinguish on the basis of the effect that the correction or change may have. In change of name. 9048 which has prospective application. Is sex reassignment covered under Rule 108? . impugn the legitimacy of a child. which is not acting as a family court under the Family Code. A change of one’s name under Rule 103 can be granted. substantial changes that may affect nationality. 186027 December 8. proceeded from a wrong premise. “Change of name” enumerated under Section 2 of Rule 108. we find no reason to depart from our ruling in Republic vs. No. It is well to emphasize that. it is proper to conclude that all entries in the civil register may be changed or corrected under Article 412. To correct simply means "to make or set a right. Be that as it may. and not through collateral attack such as the petition filed before the court a quo. only on grounds provided by law.Thus. 2. the correction of clerical errors in civil registry entries is by way of a summary proceeding. Petitioners’ position does not lie. Valencia. The interpretation that Article 412 pertains only to clerical errors of a harmless or innocuous nature. contemplates PATENTLY MISSPELLED NAME.R. to remove the faults or error from. Change of name under Rule 108: 1. has jurisdiction over an action to annul the marriage. 3. filiation and the like. when all the procedural requirements thereunder are followed. is the appropriate adversary proceeding to effect substantial corrections and changes in entries of the civil register. the court. that Rule 108. there must be adversarial proceedings." From the allegations in her petition. Distinctions between Rule 103 and Rule 108 (Republic v Merlyn Mercadera G. validity of marriages as well as legitimacy and filiation can be questioned only in a direct action seasonably filed by the proper party. 2010): The "change of name" contemplated under Article 376 and Rule 103 must not be confused with Article 412 and Rule 108 Change of Name under Rule 103: 1. and the scope of its implementing rule. 2." and "to make or set aright" the same to conform to the one she grew up to. the case at bar cannot be decided on the basis of Republic Act No. Mercadera clearly prayed for the lower court "to remove the faults or error" from her registered given name "MARILYN." Braza vs. For we must admit that though we have constantly referred to an appropriate adversary proceeding. It may be very well said that Republic Act No. to assess the sufficiency of the grounds invoked therefor. and order a DNA test of such child.

2007.In Silverio vs. Cagandahan. with goodreason thinks of his/her sex. we are of the view that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual. petitioner underwent sex reassignment surgery. in the case of Republic vs. September 12. 2008 Respondent was diagnosed to have Congenital Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess both male and female characteristics. no law authorizes the change of entry as to sex in the civil registry for that reason. While petitioner may have succeeded in altering his body and appearance through the intervention of modern surgery. However. Oct. we consider the compassionate calls for recognition of the various degrees of intersex as variations which should not be subject to outright denial. In deciding this case. there is no legal basis for his petition for the correction or change of the entries in his birth certificate. CA. 22. . Thus. like respondent. Ultimately. having reached the age of majority.