Cancellation of Entries in Civil

Registry
By: Sinsuat, Datu Jameel U.
 Rule 108
• Cancellation or correction of entries in the civil
registry.
• The proceedings may either be summary or
adversary in nature.
• Summary- If the correction sought to be made in
the civil register is a mere clerical error.(R.A 9048
or clerical error act & R.A 10172 )
• Adversarial-If the rectification affects the civil
status, citizenship or nationality of a party and
substantial change. (Rule 108)
 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
registry.
 Where to file?
• The petition shall be filed with the RTC of the
province where the corresponding civil
registry is located.
 Entries subject to cancellation upon
good and valid grounds:
• 1.Births
• 2.Marriages
• 3.Deaths
• 4.Legal separations
• 5.Judgments of annulments of marriage
• 6.Judgments declaring marriages void from
the beginning
• 7.Legitimations
• 8.Adoptions
• 9.Acknowledgements of natural children
• 10.Naturalization
• 11.Election, loss or recovery of citizenship
• 12.Civil interdiction
• 13. Judicial determination of filiation
• 14.Voluntary emancipation of a minor
• 15.Changes of name
• 16. Clerical or typographical errors and change
of the day and month in the date of birth, sex
of a person where it is clear there was error or
mistake in the entry, and change of first name
or nickname.
 Who are the parties?
• 1. Civil registrar
• 2. All persons who have or claim any interest
which would be affected.
 Notice
• Upon filing of the petition, the court shall, by
an order, fix the time and place for the hearing
of the same, and cause reasonable notice
thereof to the persons named in the petition.
 Publication
• Once a week for three consecutive weeks in a
newspaper of general circulation in the
province.

• Note: the first notice is given to the persons

name in the petition and second notice is to
other persons not named in the petition but
nonetheless may be considered interested
parties.
 Who can Oppose?
• 1. Civil registrar
• 2. Any person having or claiming any interest.
Note: (Within fifteen (15) days from notice of
the petition or, from the last date of
publication of such notice)
 Expediting proceedings
• The court may make orders expediting the
proceedings.
• It may grant preliminary injunction for the
preservation of the rights of the parties
pending such proceedings.
 Order
>The court may either dismiss the petition or
issue an order granting the cancellation prayed
for.

>In either case, a certified copy of the judgment

shall be served upon the civil registrar
concerned who shall annotate the same in his
record.
 Procedure
• 1.PETITION
• 2. Court order: fix the time and place for hearing
and notice to be given to the parties.
• 3.Publication of the court order.
• 4. Filing of opposition
• 5. Hearing on the petition
• 6. Judgment of the court : to be served upon the
civil registrar, who shall annotate the same in his
record.
THANK YOU