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Change of Name, Correction of Entries, and R.A. No.

9048

Rule 103: Change of Name

Nature: It is an action in rem.


• Requires publication of the order issued by the court to afford the State and all other
interested parties to oppose the petition.
• Decision binds not only the parties impleaded but the whole world.

Who may file the petition?


”Person” – all natural persons regardless of status
1. Adopted child (Republic v Wong)
2. Alien – domiciled in the Philippines, not one temporarily staying

Venue – A person desiring to change his name shall present the petition to the Court of First
Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and
Domestic Relations Court.

Contents of the petition:


1. That the petitioner has been a bona fide resident of the province where the petition is
filed for at least three years prior to the date of such filing;
2. The cause for which the change of the petitioner's name is sought;
3. The name asked for.

Republic vs. Zosa:


Petition for change of name the title of the petition should include:
1. The applicant’s REAL NAME;
2. His aliases or other names; and
3. The name sought to be adopted even if these data are found in the body of the petition.

For the publication to be valid and effective, the publish order should reproduce the title of the
petition containing the data already stated and should contain correct information as to:
1. Name or names of applicant;
2. The cause for the changed name; and
3. The new name asked for.

Republic vs. Marcos


Petition for change of name must be filed by the person desiring to change his/her name, even if
it may be signed and verified by some other person in his behalf. The Court held that a mother
cannot file a petition for the change of name of her minor daughter.

Jurisdictional Defects
Failure to include the true name of the party, whose name is sought to be changed, in the title of
the petition and of the notices published in connection therewith, Precludes the court from
obtaining jurisdiction to entertain the same for having a substantial jurisdictional infirmity.

The petition must include both his true name and the name prayed for in his petition; otherwise,
the court does not acquire jurisdiction over the petition.

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Moreover, Courts are precluded from granting a petition for change of name when such
changes would affect paternity and filiation or if it will give a false impression of family
relationship to another where none actually exist

Grounds for filing the petition:


1. Name is ridiculous, tainted with dishonor and extremely difficult to write or pronounce;
2. Consequence of change of status;
3. Necessity to avoid confusion;
4. Having continuously used and been known since childhood by a Filipino name, unaware
of her alien parentage;
5. A sincere desire to adopt a Filipino name to erase signs of former alienage all in good
faith and without prejudicing anybody.
6. 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 (Republic v. Court of Appeals, G.R. NO. 88202, 14 December
1998).

Jurisdictional Requirements:
The petition must be published before the hearing at least once a week for three successive
weeks in a newspaper of general circulation published in the province.
Both the title and the body of the petition must accurately state:
a. Name or aliases of the applicant
b. That the petitioner has been bona fide resident of the province where the petition is filed
for at least 3 years prior to the date of such filing
c. Cause for which the change of name is sought
d. New name asked for

Any interested person may appear at the hearing and oppose the petition. The Solicitor General
or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.

Illegitimate Child:
RA 9255 amended Art. 176 of the Family Code
→ Allows illegitimate child to use the surname of the father
→ Right to decide if they want to use the surname of their father or not. (Grande vs. Antonio)

Married Woman:
Art. 370 of The Civil Code, a married woman may use:
1. Her maiden first name and surname and add her husband’s surname
2. Her maiden first name and her husband’s surname
3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as
“Mrs.”

Silverio vs. Republic


Facts:
• Silverio filed a petition for the change of his name and sex in his birth certificate in the
RTC of Manila.
o A Male Transsexual
o Went to US for psychological examination, hormone treatment and breast
augmentation.
o Went to Bangkok for sex reassignment surgery

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o Dr. Cruz, after examination, issued a medical certificate attesting that he had in
fact undergone the procedure
• From “Rommel Jacinto” to “Mely” and his sex from “Male” to “Female”
• RTC granted the petition. The Court believes that no harm, injury or prejudice will be
caused to anybody.
• CA reversed the decision of the RTC. There is no law allowing the change of either
name or sex in the certificate of birth on the ground of sex reassignment through
surgery.

Issue: Whether or not the trial court erred in granting the change of name and sex on the ground
of equity?

Ruling:
A Person’s First Name Cannot Be Changed On the Ground of Sex Reassignment

The State has an interest in the names borne by individuals and entities for purposes of
identification. A change of name is a privilege, not a right. Petitions for change of name are
controlled by statutes.

Grounds:
1. First name or nickname is ridiculous, tainted with dishonor or extremely difficult to write
or pronounce;
2. New first name or nickname has been habitually and continuously used by the petitioner
and he has been publicly known by that first name or nickname in the community; or
3. Change will avoid confusion

RA 9048 does not sanction a change of first name on the ground of sex reassignment.

No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of
Sex Reassignment

Under RA 9048, a correction in the civil registry involving the change of sex is not a mere
clerical or typographical error but a substantial change. Hence, Rule 108 shall govern the case
at bar.

Sex reassignment is not among those acts or events mentioned in Article 407. which are:
birth, marriages, death, legal separations, annulments of marriage, judgments declaring
marriages void from beginning, naturalization, loss, recovery of citizenship, civil interdiction,
judicial determination of filiation, voluntary emancipation of a minor and change of name.

In fact, there is no special law governing sex reassignment and its effect.

Under the Civil Register law, sex of a person is determined at birth, visually done by the birth
attendant (the physician or midwife) by examining the genitals of the infant.

Considering that there is no law legally recognizing sex reassignment, the determination of a
person’s sex made at the time of his or her birth, if not attended by error is immutable.

Hence there is no legal basis for his petition for the correction or change of the entries in his
birth certificate.

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Neither May Entries in the Birth Certificate As to First Name or Sex Be Changed on the Ground
of Equity

Republic vs. Cagandahan:


• Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate before
the RTC of Siniloan, Laguna of her name from:
• Jennifer B Cagandahan to Jeff Cagandahan and her gender from “female to Male”.
• She alleged that:
• She was born and registered as a female in her Birth certificate but while growing up,
she developed secondary male characteristics and was diagnosed to have Congenital
Adrenal Hyperplasia (CAH), a condition where person afflicted possess both male and
female characteristics.
• At age six, underwent an ultrasound where it was discovered that she has small ovaries.
At age 13, tests revealed that her ovarian structures had minimized, she has stopped
growing and she has no breast or menstrual development.
• In support of her petition, Cagandahan presented in the court the medical certificate
issued by Dr. Michael Sionzon of the Department of Psychiatry, University of the
Philippines-Philippines General Hospital. Dr. Sionzon explained that “ Cagandahan is
female but her body secretes male hormones, her female organs did not develop
normally and she has two sex organs female and male.
• RTC ordered the civil registry of Pakil, Laguna to make the following corrections in the
birth certificate:
• By changing the name from Jennifer Cagandahan to JEFF CAGANDAHAN; and
• By changing the gender from female to MALE.
• OSG alleges that:
o Cagandahan failed to implead the local civil registrar as required by Rule 108.
Rule 108 does not allow change of sex or gender in the birth certificate and
respondent’s claimed medical condition known, as CAH does not make her a
male.

Issue: Whether the Trial Court erred in granting the petition of Cagandahan for change of name
and sex by reason of her CAH?

Ruling:
There is substantial compliance of the provisions of Rules 103 and 108 of the Rules of Court.
Cagandahan had furnished the local civil registrar a copy of the petition, the order to publish on
December 16, 2003 and all pleadings, orders or processes in the course of the proceedings. 


A person’s first name and sex can be change on the ground of INTERSEXUALITY. The term
"intersexuality" to apply to human beings who cannot be classified as either male or female.

Intersexuality "is the state of a living thing of a gonochoristic species whose sex chromosomes,
genitalia, and/or secondary sex characteristics are determined to be neither exclusively male
nor female.

An organism with intersex may have biological characteristics of both male and female sexes."

Sexual development in cases of intersex persons makes the gender classification at birth
inconclusive. It is at maturity that the gender of such persons, like respondent, is fixed.

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Where the person is biologically or naturally intersex the determining factor in his gender
classification would be what the individual, having reached the age of majority, with
good reason thinks of his/her sex.

In the absence of evidence that Cagandahan is an “incompetent” and classifying her as a mall
will harm other members of the society, the Court affirms the decision.

Case Silverio vs. Republic Republic vs. Cagandahan


Grounds Sex Reassignment Intersexuality
Invoked
Definition It is a surgical procedure by which a Intersexuality "is the state of a
transgender person’s physical living thing of a gonochoristic
appearance and function of their species whose sex chromosomes,
existing sexual characteristics are genitalia, and/or secondary sex
altered to resemble that socially characteristics are determined to
associated with their identified be neither exclusively male nor
gender. female.

S.C. Denied the petition on the ground that Granted the petition because
Decision Sex reassignment is not among those sexual development in intersex
acts or events mentioned in Article cases makes the gender
407 and determination of a person’s classification at birth inconclusive.
sex made at the time of his or her Hence correction must be done.
birth, if not attended by error is
immutable.

Doctrines:
A person’s first name cannot be changed on the ground of sex reassignment (Silverio vs.
Republic)

Where change of name allowed arising from change of gender (Republic vs. Cagandahan)

Republic Act No. 9048


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 A Judicial Order, Amending for this purpose Articles 376 and
412 of the Civil Code of the Philippines.

Article 376 prohibits the changing of name or surname of a person without a judicial authority,
while Article 412 prohibits any correction or change of entry in a civil register without a judicial
order.

Republic Act No. 10172


An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct
Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person
Appearing in the Civil Register Without Need of a Judicial Order amended Sections 1, 2, 5 and
8 of Republic Act No. 9048.

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Section 1: Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname

No entry in a civil register shall be changed or corrected without a judicial order, except
for
• Clerical or typographical errors and
• Change of first name or nickname
As amended, the following entries may now be changed through administrative proceedings:
1. Day and Month in the date of birth
2. Sex

Clerical or Typographical Error:


An error in the civil register is considered clerical or typographical when it meets one or more of
the following criteria:
1. It is a mistake committed in the performance of clerical work in writing, copying,
transcribing, or typing an entry.
2. It is harmless or innocuous.
3. It is visible to the eyes or obvious to the understanding.
4. It can be corrected or changed only by reference to other existing record or records.
5. The correction must NOT involve the change of nationality, age, or status of the
petitioner.

Examples:
Case 1.1: One or more letters were interchanged, or a correct letter was written in a
wrong order or space within a word.

His name: Juanito Perez


However, in his birth certificate, his first name was spelled as Jaunito.
This is a clerical error within the meaning of RA No. 9048.

Case 1.2: One or more letters were omitted.

His name: Christopher Locsin


However, in one of the birth certificates of his children, his name as the child’s father was
spelled Cristopher Locsin.
Letter h was omitted between letters C and r.
This is a clerical error within the meaning of RA No. 9048.

Case 1.3: Unnecessary letter or letters were included.


In all his records (school records, employment records), his name is spelled as Florante Cruz
Ocampo.
His birth certificate: Floriante.
This is a clerical error within the meaning of RA No. 9048.

Case 1.4: The middle name was entered as the last name, or the last name was entered
as the middle name
She was baptized as Cinderella Dizon Baligad.
Father’s name: Federico Baligad
Mother’s name: Concepcion Dizon
Birth certificate: Cinderella Baligad Dizon

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This is clerical error within the meaning of R.A. No. 9048. It is not a change of name, but simply,
a correction of clerical error.

Case 1.5: The date is impossible. It could be any date in the civil registry record.
Consuela Torres Carpio was born on 21 February 1996.
In her birth certificate: the date of her birth was recorded as 31 February 1996.
The error is really clerical. It is visible to the eyes and obvious to the understanding that
February has only 28 days, and the only exception is during leap year where there are 29 days.
This can be corrected under R.A. No. 9048.

Who may file the petition?


Any person of legal age, having direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or nickname in the civil register may
file the petition.
Person with direct and personal interest:
• He is the owner of the record; or
• The owner’s spouse, children, parents, brothers, sisters, grandparents, guardian; or
• Any other person duly authorized by law or by the owner of the document sought to be
corrected.

Provided, that when a person is a minor or physically or mentally incapacitated, the petition
may be filed on his behalf by his spouse, or any of his children, parents, brothers, sisters,
grandparents, guardians, or persons duly authorized by law. (Rule 3, IRR)

In all the cases cited above, the petition must be verified and filed in person.

Where to file the petition?


Person Filing Where to File

General Rule Any person having direct and Local civil registry office of
personal interest in the correction the city or municipality
of a clerical or typographical error in where the record being
an entry and/or change of first sought to be corrected or
name or nickname in the civil changed is kept
register

Exceptions Petitioner migrated to another place Local civil registrar of the


in the country place where the interested
party is presently
residing or domiciled
Filipino citizens who are presently Nearest Philippine
residing or domiciled in a foreign Consulate
country

Examples:

(Exception No. 1: Migrant within the Philippines)

Margarita Abundo Acorda was born in Tacloban City. After her graduation in college, she
found a job in Laoag City where she has now a family. Lately, she found out, when she applied

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for passport, that her first name in her birth certificate was entered as Margarina. She wants to
avail of R.A. No. 9048.

In this case, Margarita does not need to personally return to Tacloban City just for the purpose
of filing her petition for correction of the misspelling of her first name. She can file her petition
with the LCRO of Laoag City.

(Exception No. 2: Migrant outside the Philippines)

Carmencita Moreno Sampaga was born in Quezon City. When she was 7 years old, she with
her parents migrated to USA. While in USA, she shortened her name to Carmen. Carmencita
now wants to change her first name to Carmen.
In this case, Carmencita can file her petition with the Philippine Consulate in USA nearest
to her residence.

Availment of the Privilege: All petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once. (Sec. 3)

Grounds for Change of First Name or Nickname under RA 9048:


1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce;
Examples:

(ridiculous)
His name is Lucifer Purissima Santos.
“Lucifer” means “morning star” in Latin. Sometimes, it is a “devil’s name”.
Because of this, Lucifer becomes the object of laughter. Tired of being ridiculed,
he now wants to change his first name to Luisito.
He can do this under RA No. 9048.

(tainted with dishonor)


Felix Cruz de Guzman is a businessman with good reputation. However, he has
three namesakes who have criminal records with NBI and PNP. He now wants
to change his first name from Felix to Felixberto.

He can do it, provided he can support his allegation with convincing and concrete
proofs that indeed, his first name is tainted with dishonor.

(Difficult to write or pronounce)


Her mother is very fond of long names. In fact, her elder sister's first name
consists of 19 letters. In her case, her name is
Mirasoledardanellamorenacacharel which consists of 32 letters.
She now wants her first name to be changed to Joy.

(Difficult to write or pronounce)


Fernando Joseph Paquito Marlon Robin Carlos Rogelio. Because of the
difficulty of writing very long compound name, he wants his first name to be
changed to Gil.

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In both cases, the first names are extremely difficult to write or pronounce
because of their length. The affected individuals can have their first names
changed under RA No. 9048.

2. The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community; and

Example:
His name is Baby James Encarnacion Cruz. In fact, he used that first name
very effectively in politics. Everybody calls him Baby James, formally and
informally.
Much to his surprise, his first name in his birth certificate is not Baby James but
Jimmy Boy.

As he has been publicly known in the community as Baby James, he can have
his registered first name, Jimmy Boy, changed in accordance with R.A. No. 9048.

3. The change will avoid confusion.


Example:
Here is a case of two neighbors in barangay San Guillermo.
1st – Milagros Aguilar Monteja
2nd – Milagros Arguendo Monteja
Both women usually write their name as Milagros A. Monteja.

To avoid further confusion, Milagros Aguilar Monteja decides to have her first
name changed to Carmela. She can do this under R.A. No. 9048.
Form and Content of the Petition:
The petition shall be in the form of an affidavit, subscribed and sworn to before any person
authorized by the law to administer oaths. The petition must be verified.
The affidavit shall set forth:
• Facts necessary to establish the merits of the petition
• Competency of the petitioner to testify to the matters stated
• Erroneous entry/entries which are sought to be corrected and/or change sought
to be made

The petition shall be supported with the following documents:


• A certified true machine copy of the certificate or of the page of the registry book
containing the entry or entries sought to be corrected or changed.
• At least two (2) public or private documents showing the correct entry or entries upon
which the correction or change shall be based; and
• Other documents as may be required by the City/Municipal Civil Registrar or the Consul
General.

An entry involving change of gender may only be corrected if the petition is accompanied by a
certification issued by an accredited government physician attesting to the fact that the
petitioner has not undergone sex change or sex transplant.

In addition, the petition shall be:


• Published at least once a week for two (2) consecutive weeks in a newspaper of general
circulation.

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• Submit a certification from the appropriate law enforcement agencies that he has no
pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows:
1. Concerned City or Municipal Civil Registrar or the Consul General;
2. Office of the Civil Registrar General;
3. Petitioner

Duties of the City or Municipal Civil Registrar or the Consul General:


• Examine the petition and its supporting documents.
• Post the petition in a conspicuous place for ten (10) consecutive days.
• Render a decision not later than five (5) working days from the posting.
• If he grants the petition, he shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General within 5 working
days from the date of the decision.

Duties and Powers of the Civil Registrar General:


• Within 10 working days from receipt of the decision granting the petition, the Civil
Registrar General shall exercise the power to impugn such decision by way of an
objection based on the following grounds:
1. The error is not clerical or typographical;
2. The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
3. The basis used in changing the first name or nickname of a person does not fall
under the grounds allowed by law (Section 4).
• The Civil Registrar General shall immediately notify the city/municipal civil registrar or
the consul general of the action taken on the decision.
• He shall notify the petitioner of such action.
• He has appellate powers over the decision of the local civil registrars or consul generals.

If the Civil Registrar General fails to exercise his power to impugn within the prescribed period,
the decision of the city/municipal civil registrar or the consul general shall become final and
executory.

Remedies of the petitioner from the adverse decision:


The petitioner may appeal to the civil registrar general within 10 working days after the receipt
of the decision, by filing a notice of appeal with the city or municipal registrar concerned and
stating therein that he is appealing to the civil registrar general on any of the following grounds:
1. Newly discovered evidence which shall materially affect, alter, modify or
reverse the decision of the civil registrar or consul general;
2. The denial of the petition is erroneous or not supported by evidence; and
3. The denial is done with grave abuse of authority or discretion.

However, instead of appealing, the petitioner has the option to ”file the appropriate petition
with the proper court” under Section 7 of RA No. 9048 and Rule 14.4 of the IRR.

If the decision has become final:


Remedy: Rule 65
Proper court: Court of Appeals on the ground that the civil registrar or consul general has
acted without or in excess of jurisdiction with grave abuse of discretion.

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If the civil registrar general reverses the decision of the civil registrar or consul general granting
the petition,

Petitioner may file a motion for reconsideration within 15 days from receipt of the decision
based only on the ground of newly discovered evidence, or “file the appropriate petition with the
proper court.”

Appropriate petition: Petition for Review under Rule 43


Proper court: Court of Appeals since the registrar general is performing quasi-judicial
functions.

PROCEDURE: REPUBLIC ACT NO 9048:

Effect of

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Approving the Petition for Change of Name: The change shall be reflected in the birth
certificate by way of marginal annotation. (Rule 12, IRR)

Rule 108: Cancellation or Correction of Entries in the Civil Registry

Nature: In Rem
It is enough that the trial court is vested with jurisdiction over the subject matter. (Alba v. Court
of Appeals)

Summary or Adversarial?
• Jurisprudence: R108 should be limited to implementation of Art. 412 of the Family
Code
• Sec. 3-5 of R108’s procedure do not describe ”summary”.
• Consider the following dates:
• Rules of Court: Jan. 1 1964 (Rule 144)
• Family Code: Jul. 6 1987
• RA 9048: Mar. 22 2001
RA 9048
• Effect: To make possible administrative correction of clerical or typographical
errors or change of 1st name or nickname in entries in the civil register
• Summary Proceeding

Substantial changes are exclusive to R108


• Adversary Proceeding

Rule 108 vs. Rule 103:


When jurisdictional requirements of R103 are not complied, can a person proceed with
provisions of R108? Yes. Republic v. Kho: “Carlito John” to “Carlito” Falls within Sec. 2 R108.

Petition for change of name (Rule 103) and petition for cancellation or correction of entries (Rule
108) are distinct proceedings. Hence, a party cannot change his name and correct an entry in a
single petition without satisfying the jurisdictional requirements. The cancellation or correction of
entries in the Civil Registry is a proceeding in rem. Strict compliance with all jurisdictional
requirements, particularly on publication, is essential in order to vest the court with jurisdiction.

Proceedings for cancellation or correction of entries in the Civil Registry may be:
Summary – when the correction sought to be made is a mere clerical error (now governed by
RA 9048)

Adversarial – where the rectification affects civil status, citizenship, or nationality of a party or
any other substantial change.

Primary, Not Exclusive


• Local Civil Registrar has primary, not exclusive, jurisdiction over petitions for correction
of clerical errors and change of first name or nickname.
• Re: Final Report on the Judicial Audit Conducted at the RTC Br. 67, Paniqui,
Tarlac A.M. No. 06-7-414-RTC, October 19, 2007.
• No intent in Congress to remove authority of TCs to make judicial corrections of entries

Limitations and Mandate:

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• No legal basis for the correction or change of entries of Silverio’s birth certificate on the
ground of sex reassignment.
• Silverio v. Republic
• Nullification of Marriage and Rule on Legitimacy and Filiation are not covered under
R108. These are covered under A.M. No. 02-11-10-SC.
• Brazas v. City Civil Registrar of Himamaylan City, Negros Occidental
• Strict compliance with the requirements of the ROC is mandated when the cancellation
or correction of an entry in the civil register involves substantial and controversial
alterations.
• Must notify all persons who have or claim any interest which would be affected by a
proceeding.
• Sec. 3 R108
• Publication cannot cure lack of summons on a person whose birth certificate is sought to
be cancelled.
• Ceruila v. Delantar
• Non-impleading as party-respondent of one who is inadvertently left out or is not
established to be known by the petitioner to be affected by the grant of the petition or
actually participates in the proceeding is notified through publication
• Republic v. Coseteng-Magpayo
• Mandate of 2 sets of Notices to different “Potential Oppositors”
• 1st Notice – to be given to the “persons named in the petition”
• 2nd Notice – given to other persons who are not named in the petition but
nonetheless may be considered interest or affected parties (e.i. creditors)
• Republic v. Lugsanay Uy

Entries subject to Cancellation or Correction under Rule 108, in relation to R.A. No. 9048:
The obvious effect of RA 9048 is merely to make possible the administrative correction of
clerical or typographical errors or change of first name or nickname in entries in the civil register,
leaving to Rule 108 the correction of substantial changes in the civil registry in appropriate
adversarial proceedings (Republic v. Benemerito, G.R. No. 146963, 15 March 2004).

No intent on the part of the lawmakers to remove the authority of the trial courts to make
judicial correction of entries in civil registry

It can thus be concluded that the local civil registrar has primary, not exclusive, jurisdiction over
such petitions for correction of clerical errors and change of first name or nickname, with R.A.
No. 9048 prescribing the procedure that the petitioner and local civil registrar should follow.
Since R.A. No. 9048 refers specifically to the administrative summary proceeding before the
local civil registrar it would be inappropriate to apply the same procedure to petitions for the
correction of entries in the civil registry before the courts (Re: Final Report on the Judicial Audit
Conducted at the Regional Trial Court, Br. 67, Paniqui, Tarlac, A.M. No. 06-7-414-RTC, 19
October 2007).

RULE 103 RA No. 9048 RULE 108


SCOPE Change of Full name Change of first name Correction of
or Surname or nickname and substantial errors or
correction of clerical correction of entries
errors of entries in in the Civil Registry

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the Civil Registry

NATURE Judicial; Hearing is Administrative; No Judicial; Hearing is


necessary hearing required necessary

Summary in nature Summary in nature


but Adversarial if
involves substantial
changes
WHO MAY FILE A person desiring to Any person having Any person
change one’s name direct and personal interested in any act,
interest in the event, order, or
correction of a decree concerning
clerical or the civil status of
typographical error in persons which has
an entry and/or been recorded in the
change of first name civil registry.
or nickname

COVERAGE Correction of clerical Correction of clerical Births, Marriages,


or typographical or typographical Deaths, Legal
errors in any entry in errors in the Civil Separations,
civil registry docs Registry, except Judgements of
except: corrections corrections involving Annulments of
involving the change the change in sex, Marriage
in sex, age, age, nationality and Legitimations,
nationality and status status of a person Adoptions,
of a person Acknowledgments of
*RA 10172 amended natural children,
RA 9048, which Naturalization
includes changes in
the day and month of Election, loss or
birth and sex of the recovery of
person citizenship
Change of Name

INITIATORY Signed and verified Sworn Affidavit Verified petition


PLEADING petition

WHERE TO FILE RTC of the province LCR office of the city RTC of the city or
in which petitioner or municipality where province where the
resided for 3 years the record being corresponding Civil
prior to filing sought to be Registry is located
corrected or changed
is kept.

LCR of the place


where the interested
party is presently
residing.

GAVINA, LUCMAN, NAGA, PAJO, ROLEDA | SPECPRO G04


Philippine Consulate

CONTENTS OF THE That petitioner has Facts necessary to Supporting


PETITION been a bona fide establish the merits documents
resident for at least 3 of the petition
years prior to the
date of filing Particular erroneous
entry or entries which
are sought to be
corrected and/or
change sought to be
made

Supporting
documents

GROUNDS Name is ridiculous, Petitioner finds the Upon good and valid
extremely difficult to first name or grounds
write or pronounce, nickname to be
tainted with dishonor ridiculous, extremely
difficult to write or
Consequence of pronounce, tainted
change of status with dishonor

Necessity to avoid The new name


confusion chosen has been
habitually used by
Having continuously petitioner and has
been known since been publicly known
childhood by another to the community
name
Change will avoid
confusion

NOTICE AND At least once a week At least once a week At least once a week
PUBLICATION for 3 consecutive for 2 consecutive for 3 consecutive
weeks in a weeks weeks in a
newspaper of general newspaper of general
circulation *publish the whole circulation
affidavit in change of
name

POSTING Not required Duty of the civil Not required


registrar or Consul to
post petition in a
conspicuous place
for 10 consecutive
days

GAVINA, LUCMAN, NAGA, PAJO, ROLEDA | SPECPRO G04


PERSONS TO BE Solicitor General Civil Registrar Civil Registrar
NOTIFIED Provincial Fiscal Consul
City Fiscal
Interested Parties

WHERE TO Court of Appeals Civil Registrar Court of Appeals


APPEAL under Rule 41 General under under Rule 41
Section 7

Court of Appeals
under Rule 43

Corpuz vs. Sto. Tomas:


Facts:
• Corpuz (former Filipino) acquired Canadian citizenship and was married to the Sto.
Tomas but was shocked of the infidelity on the part of his wife.
• He went back to Canada and filed a petition for divorce and was granted.
• Desirous to marry another woman he now loved, the Corpuz went to the Pasig Civil
Registry Office and registered the Canadian divorce decree on his and the respondent’s
marriage certificate.
• NSO informed the Corpuz that the marriage between him and the Sto. Tomas still
subsists under the Philippine Law and to be enforceable, the foreign divorce decree
must first be judicially recognized by a competent Philippine court, pursuant to NSO
Circular No. 4, Series of 1982.
• Corpuz filed at the RTC a judicial recognition of foreign divorce but was subsequently
denied since he is not the proper party and according to Article 26 of the Civil Code, only
a Filipino spouse can avail the remedy.

Issue: Whether or not Gerbert’s petition for judicial recognition of foreign divorce and/or
declaration of marriage as dissolved (petition) with the RTC can be considered under Rule 108.

Ruling: No. Only Filipinos can file and claim for Article 26 of the Family Code.

Assuming Gerbert can file and claim under the Family Code, basic jurisdictional
requirements have not been met in the present case, we cannot consider the petition Gerbert
filed with the RTC as one filed under Rule 108 of the Rules of Court.

“We hasten to point out, however, that this ruling should not be construed as requiring two
separate proceedings for the registration of a foreign divorce decree in the civil registry – one for
recognition of the foreign decree and another specifically for cancellation of the entry under Rule
108 of the Rules of Court. The recognition of the foreign divorce decree may be made in a
Rule 108 proceeding itself, as the object of special proceedings (such as that in Rule 108
of the Rules of Court) is precisely to establish the status or right of a party or a particular
fact. Moreover, Rule 108 of the Rules of Court can serve as the appropriate adversarial
proceeding by which the applicability of the foreign judgment can be measured and
tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or
clear mistake of law or fact.”

Fujiki vs. Marinay

GAVINA, LUCMAN, NAGA, PAJO, ROLEDA | SPECPRO G04


Facts:
• Minoru Fujiki is a Japanese national who married Maria Paz Marinay in the Philippines.
• In 2008, Marinay met another Japanese, Shinichi Maekara. Without the first marriage
being dissolved, Marinay and Maekara were married in 2008 in Quezon City,
Philippines.
• Maekara brought Marinay to Japan. However, Marinay allegedly suffered physical abuse
from Maekara. She left Maekara and started to contact Fujiki.
• Fujiki and Marinay met in Japan and they were able to reestablish their relationship.
• In 2010, Fujiki helped Marinay obtain a judgment from a family court in Japan which
declared the marriage between Marinay and Maekara void on the ground of bigamy.
• Fujiki then filed a petition in the RTC entitled: "Judicial Recognition of Foreign Judgment
(or Decree of Absolute Nullity of Marriage)."

Issue: Whether the Regional Trial Court can recognize the foreign judgment in a proceeding for
cancellation or correction of entries in the Civil Registry under Rule 108 of the Rules of Court

Ruling:
Section 2 of Rule 108 provides that entries in the civil registry relating to "marriages,"
"judgments of annulments of marriage" and "judgments declaring marriages void from the
beginning" are subject to cancellation or correction.

There is neither circumvention of the substantive and procedural safeguards of marriage under
Philippine law, nor of the jurisdiction of Family Courts under R.A. No. 8369. A recognition of a
foreign judgment is not an action to nullify a marriage. It is an action for Philippine courts to
recognize the effectivity of a foreign judgment, which presupposes a case which was already
tried and decided under foreign law.

The second paragraph of Article 26 of the Family Code only authorizes Philippine courts to
adopt the effects of a foreign divorce decree precisely because the Philippines does not allow
divorce. Philippine courts cannot try the case on the merits because it is tantamount to trying a
case for divorce.

A petition under Rule 108 may be availed of in order for the courts to recognise the foreign
divorce decree obtained abroad.

GAVINA, LUCMAN, NAGA, PAJO, ROLEDA | SPECPRO G04