REPUBLIC OF THE PHILIPPINES

SUPREME COURT
5 Sharia’a Judicial District
th

Pikit, Cotabato

PALAWAN L. MACADINDANG,
SCC. CIVIL CASE NO. 2022-
Petitioner. 645
x------------------------------------------x FOR:
ELIZABETH BATUGAN,
Respondent. CONFIRMATION OF
DIVORCE BY TALAQ
Local Civil Registry Office,
Makilala, Cotabato
PSA, Quezon City
x------------------------------------------x

MOTION FOR CORRECTION

TO AMEND THE JUDGMENT DATED OCTOBER 5, 2022

The Judgment dated 05 October 2022 in the above-captioned Special

Civil Case with docket number SCC. Civil Case No. 2022-645 for the
Confirmation of Divorce by Talaq of the petitioner Palawan L. Macadindang
assisted by the undersigned counsel, most respectfully states that:

1. That the said Judgment dated 05 October 2022 was supposed to be

transmitted to Philippine Statistics Authority for the application of regular
annotation of the said Divorce Decree between the petitioner-Palawan L.
Macadindang and respondent- Elizabeth Batugan;

2. However, a Letter dated 13 June 2023 from the PSA herein attached
as Annex “A” was referred herein to the undersigned informing the legal
representative of petitioner that the first name of the wife as indicated in the
dispositive portion of the Judgment dated 05 October 2022 was
inadvertently written as ELIZABENTH. That it does not match the Marriage
Certificate filed in the said agency. The rest of her name was correctly
spelled as ELIZABETH in other portions of the judgment/decision. A copy
of the Judgment dated 05 October 2022 is hereto attached as Annex "B".

3. Movant respectfully manifests that error in stating the name

ELIZABENTH in the Judgment dated 05 October 2022 is purely clerical and
typographical in nature. As such, it is an error which could be corrected
anytime even after the finality of judgment on application in the court where
it occurred. The dispositive portion of the Judgment is couched in this
language, viz:

1
 xxx “WHEREFORE, viewed from the foregoing the petition is
hereby GRANTED. The Divorce by talaq issued by PALAWAN L.
MACADINDANG against ELIZABENTH BATUGAN on February 2,
1985 is hereby CONFIRMED. The marriage bond dated June 5, 1970 of
the spouses is declared DISSOLVED. DIVORCE DECREE is finally
approved to the petitioner. MS. ELIZABETH BATUGAN-MACADINDANG
shall resume using her maiden family name. xxx

4. It was held in the case of Rebuldea vs. IAC1 that:

The court has inherent power to amend and control its process
and orders so as to make them conformable to law and justice, and
when it finds that the ends of justice would be better served, the court
may disregard technicalities and amend its order or process that has
not become final. And even if the decision has become final it is
already settled that clerical errors or mistakes or omissions plainly due
to inadvertence or negligence may be corrected or supplied after the
judgment has been entered. In the case at, bar it will be observed that
the court, as prayed for, corrected the dispositive portion as to the
designation of the parties therein to make it conform with the body of
the decision. xxx

5. In the case of Ang Lin Chi vs. Castelo2, it was held that:

"Only clerical errors, or mistake or omission plainly due to

inadvertence or negligence may be corrected or supplied after the
judgment has been entered."

6. Clerical errors or ambiguities in the dispositive portion of a judgment

may result from inadvertence. These errors can be rectified without violating
the doctrine of immutability of judgment provided that the modification does
not affect the substance of the controversy.3

7. It is further respectfully manifest that no other party will be prejudiced

by the correction of the clerical error requested in the instant motion.

8. Thereafter, with the kind indulgence of this Honorable Court that if an

amended order shall be issued, the movant through counsel shall
immediately transmit it to the Sharia Circuit Registry and/or Local Civil
Registry within its jurisdiction to make it certified before endorsing the said
amended judgment to PSA.

1 G.R. No. 70856, November 11, 1987.

2 G.R. No. L-2514, March 31, 1949.
3 Filipino Legion, Corporation v. Court of Appeals, 155 Phil. 616, 631 (1974) [Per J.
Muñoz Palma, First Division

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 PRAYER

WHEREFORE, in light of the foregoing premises, and to better

serve the interests of law and justice, it is most respectfully prayed that the
Honorable Court issue an order to amend the Judgment dated 05 October
2022, which contain the name “ELIZABENTH” to be corrected as
“ELIZABETH” as found in dipositive portion of the said judgment and
said judgment will reflect the following correction:

xxx “WHEREFORE, viewed from the foregoing the

petition is hereby GRANTED. The Divorce by talaq issued by PALAWAN
L. MACADINDANG against ELIZABETH BATUGAN on February 2,
1985 is hereby CONFIRMED. The marriage bond dated June 5, 1970 of
the spouses is declared DISSOLVED. DIVORCE DECREE is finally
approved to the petitioner. MS. ELIZABETH BATUGAN-MACADINDANG
shall resume using her maiden family name. xxx

Other just and equitable reliefs are likewise prayed for.

MOST RESPECTFULLY SUBMITTED.

Tagum City for Pikit Cotabato, July 21, 2023.

ATTY. POTENCIANO BOB Q. OTAZA, JR.

Notary Public for Davao del Norte
Until December 31,2023
Notarial Commission No. 881
PTR No. 3312268/01-03-2023
Roll No. 70450
IBP No. 188123/12-13-2022
MCLE Compliance No. VII-0015200
Issued on 04/08/2022
Ground Floor, Sollano Building
Quezon Street, Tagum City
(084) 655-6290/0943-339-5120