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of
Contents
Rule
103
–
Change
of
Name
....................................................................................................
2
Rule
108
–
Cancellation
and
Correction
of
Entries
in
Civil
Registry
..........................................
2
R.A.
No.
10172
–
Authority
to
Correct
Certain
Clerical
or
Typographical
Errors
Appearing
in
the
Civil
Register
Without
Need
of
a
Judicial
Order
........................................................................................
2
NSO
AO
01-‐12
–
IRR
of
R.A.
No.
10172
..............................................................................................
2
R.A.
No.
9048
–
Clerical
Error
Law
.....................................................................................................
2
OCRG
AO
01-‐1
–
IRR
of
R.A.
No.
9048
...............................................................................................
2
R.A.
No.
6085
–
Anti-‐Alias
Law
..........................................................................................................
2
C.A.
No.
142
–
Regulation
of
Use
of
Aliases
.......................................................................................
2
Onde
vs.
Office
of
the
Local
Civil
Registrar
of
Las
Piñas
City
(2014)
....................................................
2
Republic
vs.
Olaybar
(2014)
.................................................................................................................
4
Republic
vs.
Uy
(2013)
.........................................................................................................................
5
Fujiki
vs.
Marinay
(2013)
......................................................................................................................
6
Republic
vs.
Coseteng-‐Magpayo
(2011)
..............................................................................................
8
Republic
vs.
Mercadera
(2010)
............................................................................................................
8
Republic
vs.
Cagandahan
(2008)
........................................................................................................
10
Republic
vs.
Kho
(2007)
.....................................................................................................................
12
Silverio
vs.
Republic
(2007)
................................................................................................................
13
Limson
vs.
Gonzalez
(2014)
...............................................................................................................
15
Ursua
vs.
Court
of
Appeals
(1996)
.....................................................................................................
16
1
Rule
103
–
Change
of
Name
Rule
108
–
Cancellation
and
Correction
of
Entries
in
Civil
Registry
R.A.
No.
10172
–
Authority
to
Correct
Certain
Clerical
or
Typographical
Errors
Appearing
in
the
Civil
Register
Without
Need
of
a
Judicial
Order
NSO
AO
01-‐‑12
–
IRR
of
R.A.
No.
10172
R.A.
No.
9048
–
Clerical
Error
Law
OCRG
AO
01-‐‑1
–
IRR
of
R.A.
No.
9048
R.A.
No.
6085
–
Anti-‐‑Alias
Law
C.A.
No.
142
–
Regulation
of
Use
of
Aliases
Onde
vs.
Office
of
the
Local
Civil
Registrar
of
Las
Piñas
City
(2014)
Remedial
Law;
Special
Proceedings;
Correction
of
Entries
in
the
Civil
Register;
Clerical
or
Typographical
Errors;
Changes
of
First
Name;
Under
Section
1
of
Republic
Act
(RA)
No.
9048,
clerical
or
typographical
errors
on
entries
in
a
civil
register
can
be
corrected
and
changes
of
first
name
can
be
done
by
the
concerned
city
civil
registrar
without
need
of
a
judicial
order.—
We
agree
with
the
RTC
that
the
first
name
of
petitioner
and
his
mother
as
appearing
in
his
birth
certificate
can
be
corrected
by
the
city
civil
registrar
under
R.A.
No.
9048.
We
note
that
petitioner
no
longer
contested
the
RTC’s
ruling
on
this
point.
Indeed,
under
Section
1
of
R.A.
No.
9048,
clerical
or
typographical
errors
on
entries
in
a
civil
register
can
be
corrected
and
changes
of
first
name
can
be
done
by
the
concerned
city
civil
registrar
without
need
of
a
judicial
order.
Aforesaid
Section
1,
as
amended
by
R.A.
No.
10172,
now
reads:
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,
the
day
and
month
in
the
date
of
birth
or
sex
of
a
person
where
it
is
patently
clear
that
there
was
a
clerical
or
typographical
error
or
mistake
in
the
entry,
which
can
be
corrected
or
changed
by
the
concerned
city
or
municipal
civil
registrar
or
consul
general
in
accordance
with
the
provisions
of
this
Act
and
its
implementing
rules
and
regulations.
Same;
Same;
Same;
Same;
Same;
The
remedy
and
the
proceedings
regulating
change
of
first
name
are
primarily
administrative
in
nature,
not
judicial;
The
law
removed
from
the
ambit
of
Rule
108
of
the
Rules
of
Court
the
correction
of
clerical
or
typographical
errors.—In
Silverio
v.
Republic,
537
SCRA
373
(2007),
we
held
that
under
R.A.
No.
9048,
jurisdiction
over
applications
for
change
of
first
name
is
now
primarily
lodged
with
administrative
officers.
The
intent
and
effect
of
said
law
is
to
exclude
the
change
of
first
name
from
the
coverage
of
Rules
103
(Change
of
Name)
and
108
(Cancellation
or
Correction
of
Entries
in
the
Civil
Registry)
of
the
Rules
of
Court,
until
and
unless
an
administrative
petition
for
change
of
name
is
first
filed
and
subsequently
denied.
The
remedy
and
the
proceedings
regulating
change
of
first
name
are
primarily
administrative
in
nature,
not
judicial.
In
Republic
v.
Cagandahan,
565
SCRA
72
(2008),
we
said
that
under
R.A.
No.
9048,
the
correction
of
clerical
or
typographical
errors
can
now
be
made
through
administrative
proceedings
and
without
the
need
for
a
judicial
order.
The
law
removed
from
the
ambit
of
Rule
108
of
the
Rules
of
Court
the
correction
of
clerical
or
typographical
errors.
Thus,
petitioner
can
avail
of
this
administrative
remedy
for
the
correction
of
his
and
his
mother’s
first
name.
2
Same;
Same;
Same;
Correcting
the
entry
on
petitioner’s
birth
certificate
that
his
parents
were
married
on
December
23,
1983
in
Bicol
to
“not
married”
is
a
substantial
correction
requiring
adversarial
proceedings.—We
also
agree
with
the
RTC
in
ruling
that
correcting
the
entry
on
petitioner’s
birth
certificate
that
his
parents
were
married
on
December
23,
1983
in
Bicol
to
“not
married”
is
a
substantial
correction
requiring
adversarial
proceedings.
Said
correction
is
substantial
as
it
will
affect
his
legitimacy
and
convert
him
from
a
legitimate
child
to
an
illegitimate
one.
In
Republic
v.
Uy,
703
SCRA
425
(2013),
we
held
that
corrections
of
entries
in
the
civil
register
including
those
on
citizenship,
legitimacy
of
paternity
or
filiation,
or
legitimacy
of
marriage,
involve
substantial
alterations.
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
proceedings.
Same;
Same;
Same;
Even
substantial
errors
in
a
civil
registry
may
be
corrected
and
the
true
facts
established
under
Rule
108
[of
the
Rules
of
Court]
provided
the
parties
aggrieved
by
the
error
avail
themselves
of
the
appropriate
adversary
proceeding.—The
RTC’s
dismissal
is
without
prejudice.
As
we
said,
petitioner
can
avail
of
the
administrative
remedy
for
the
correction
of
his
and
his
mother’s
first
name.
He
can
also
file
a
new
petition
before
the
RTC
to
correct
the
alleged
erroneous
entry
on
his
birth
certificate
that
his
parents
were
married
on
December
23,
1983
in
Bicol.
This
substantial
correction
is
allowed
under
Rule
108
of
the
Rules
of
Court.
As
we
reiterated
in
Eleosida
v.
Local
Civil
Registrar
of
Quezon
City,
382
SCRA
22
(2002):
x
x
x
This
is
our
ruling
in
Republic
v.
Valencia,
where
we
held
that
even
substantial
errors
in
a
civil
registry
may
be
corrected
and
the
true
facts
established
under
Rule
108
[of
the
Rules
of
Court]
provided
the
parties
aggrieved
by
the
error
avail
themselves
of
the
appropriate
adversary
proceeding.
x
x
x
x
x
x
It
is
true
in
the
case
at
bar
that
the
changes
sought
to
be
made
by
petitioner
are
not
merely
clerical
or
harmless
errors
but
substantial
ones
as
they
would
affect
the
status
of
the
marriage
between
petitioner
and
Carlos
Borbon,
as
well
as
the
legitimacy
of
their
son,
Charles
Christian.
Changes
of
such
nature,
however,
are
now
allowed
under
Rule
108
in
accordance
with
our
ruling
in
Republic
v.
Valencia
provided
that
the
appropriate
procedural
requirements
are
complied
with.
Same;
Same;
Same;
Parties;
A
petition
seeking
a
substantial
correction
of
an
entry
in
a
civil
register
must
implead
as
parties
to
the
proceedings
not
only
the
local
civil
registrar,
as
petitioner
did
in
the
dismissed
petition
for
correction
of
entries,
but
also
all
persons
who
have
or
claim
any
interest
which
would
be
affected
by
the
correction.—A
petition
seeking
a
substantial
correction
of
an
entry
in
a
civil
register
must
implead
as
parties
to
the
proceedings
not
only
the
local
civil
registrar,
as
petitioner
did
in
the
dismissed
petition
for
correction
of
entries,
but
also
all
persons
who
have
or
claim
any
interest
which
would
be
affected
by
the
correction.
This
is
required
by
Section
3,
Rule
108
of
the
Rules
of
Court:
SEC.
3.
Parties.—When
cancellation
or
correction
of
an
entry
in
the
civil
register
is
sought,
the
civil
registrar
and
all
persons
who
have
or
claim
any
interest
which
would
be
affected
thereby
shall
be
made
parties
to
the
proceeding.
Same;
Same;
Same;
Same;
In
Republic
v.
Uy,
703
SCRA
425
(2013),
the
Supreme
Court
(SC)
has
similarly
ruled
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
3
paternity
or
filiation,
or
legitimacy
of
marriage,
a
strict
compliance
with
the
requirements
of
the
Rules
of
Court
is
mandated.
Thus,
in
his
new
petition,
petitioner
should
at
least
implead
his
father
and
mother
as
parties
since
the
substantial
correction
he
is
seeking
will
also
affect
them.—In
Eleosida
v.
Local
Civil
Registrar
of
Quezon
City,
382
SCRA
22
(2002),
we
cited
Section
3,
and
Sections
4
and
5
of
Rule
108
of
the
Rules
of
Court,
as
the
procedural
requirements
laid
down
by
the
Court
to
make
the
proceedings
under
Rule
108
adversary.
In
Republic
v.
Uy,
703
SCRA
425
(2013),
we
have
similarly
ruled
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
the
Rules
of
Court
is
mandated.
Thus,
in
his
new
petition,
petitioner
should
at
least
implead
his
father
and
mother
as
parties
since
the
substantial
correction
he
is
seeking
will
also
affect
them.
Republic
vs.
Olaybar
(2014)
Same;
Special
Proceedings;
Correction
of
Entries
in
the
Civil
Registry;
Since
the
promulgation
of
Republic
v.
Valencia,
141
SCRA
462
in
1986,
the
Supreme
Court
has
repeatedly
ruled
that
“even
substantial
errors
in
a
civil
registry
may
be
corrected
through
a
petition
filed
under
Rule
108
of
the
Rules
of
Court,
with
the
true
facts
established
and
the
parties
aggrieved
by
the
error
availing
themselves
of
the
appropriate
adversarial
proceeding.”—Rule
108
of
the
Rules
of
Court
provides
the
procedure
for
cancellation
or
correction
of
entries
in
the
civil
registry.
The
proceedings
may
either
be
summary
or
adversary.
If
the
correction
is
clerical,
then
the
procedure
to
be
adopted
is
summary.
If
the
rectification
affects
the
civil
status,
citizenship
or
nationality
of
a
party,
it
is
deemed
substantial,
and
the
procedure
to
be
adopted
is
adversary.
Since
the
promulgation
of
Republic
v.
Valencia,
141
SCRA
462
in
1986,
the
Court
has
repeatedly
ruled
that
“even
substantial
errors
in
a
civil
registry
may
be
corrected
through
a
petition
filed
under
Rule
108,
with
the
true
facts
established
and
the
parties
aggrieved
by
the
error
availing
themselves
of
the
appropriate
adversarial
proceeding.”
An
appropriate
adversary
suit
or
proceeding
is
one
where
the
trial
court
has
conducted
proceedings
where
all
relevant
facts
have
been
fully
and
properly
developed,
where
opposing
counsel
have
been
given
opportunity
to
demolish
the
opposite
party’s
case,
and
where
the
evidence
has
been
thoroughly
weighed
and
considered.
Same;
Same;
Same;
As
long
as
the
procedural
requirements
in
Rule
108
of
the
Rules
of
Court
are
followed,
it
is
the
appropriate
adversary
proceeding
to
effect
substantial
corrections
and
changes
in
entries
of
the
civil
register.—It
is
true
that
in
special
proceedings,
formal
pleadings
and
a
hearing
may
be
dispensed
with,
and
the
remedy
[is]
granted
upon
mere
application
or
motion.
However,
a
special
proceeding
is
not
always
summary.
The
procedure
laid
down
in
Rule
108
is
not
a
summary
proceeding
per
se.
It
requires
publication
of
the
petition;
it
mandates
the
inclusion
as
parties
of
all
persons
who
may
claim
interest
which
would
be
affected
by
the
cancellation
or
correction;
it
also
requires
the
civil
registrar
and
any
person
in
interest
to
file
their
opposition,
if
any;
and
it
states
that
although
the
court
may
make
orders
expediting
the
proceedings,
it
is
after
hearing
that
the
court
shall
either
dismiss
the
petition
or
issue
an
order
granting
the
same.
Thus,
as
long
as
the
procedural
requirements
in
Rule
108
are
followed,
it
is
the
appropriate
adversary
proceeding
to
effect
substantial
corrections
and
changes
in
entries
of
the
civil
register.
4
Same;
Same;
Same;
A
Filipino
citizen
cannot
dissolve
his
marriage
by
the
mere
expedient
of
changing
his
entry
of
marriage
in
the
civil
registry.—Indeed
the
Court
made
a
pronouncement
in
the
recent
case
of
Minoru
Fujiki
v.
Maria
Paz
Galela
Marinay,
Shinichi
Maekara,
Local
Civil
Registrar
of
Quezon
City,
and
the
Administra
tor
and
Civil
Registrar
General
of
the
National
Statistics
Office,
700
SCRA
69
(2013),
that:
To
be
sure,
a
petition
for
correction
or
cancellation
of
an
entry
in
the
civil
registry
cannot
substitute
for
an
action
to
invalidate
a
marriage.
A
direct
action
is
necessary
to
prevent
circumvention
of
the
substantive
and
procedural
safeguards
of
marriage
under
the
Family
Code,
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
and
other
related
laws.
Among
these
safeguards
are
the
requirement
of
proving
the
limited
grounds
for
the
dissolution
of
marriage,
support
pendente
lite
of
the
spouses
and
children,
the
liquidation,
partition
and
distribution
of
the
properties
of
the
spouses
and
the
investigation
of
the
public
prosecutor
to
determine
collusion.
A
direct
action
for
declaration
of
nullity
or
annulment
of
marriage
is
also
necessary
to
prevent
circumvention
of
the
jurisdiction
of
the
Family
Courts
under
the
Family
Courts
Act
of
1997
(Republic
Act
No.
8369),
as
a
petition
for
cancellation
or
correction
of
entries
in
the
civil
registry
may
be
filed
in
the
Regional
Trial
Court
where
the
corresponding
civil
registry
is
located.
In
other
words,
a
Filipino
citizen
cannot
dissolve
his
marriage
by
the
mere
expedient
of
changing
his
entry
of
marriage
in
the
civil
registry.
Republic
vs.
Uy
(2013)
Remedial
Law;
Special
Proceedings;
Correction
of
Entries
in
the
Civil
Registry;
Adversarial
Proceedings;
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.―It
has
been
settled
in
a
number
of
cases
starting
with
Republic
v.
Valencia,
141
SCRA
462
(1986),
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.
The
pronouncement
of
the
Court
in
that
case
is
illuminating:
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,
but
one
involving
nationality
or
citizenship,
which
is
indisputably
substantial
as
well
as
controverted,
affirmative
relief
cannot
be
granted
in
a
proceeding
summary
in
nature.
However,
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.
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.
x
x
x
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.
Same;
Civil
Procedure;
Notice
of
Hearing;
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.―Respondent’s
birth
certificate
shows
that
her
full
name
is
Anita
Sy,
that
she
is
a
Chinese
citizen
and
a
legitimate
child
of
Sy
Ton
and
Sotera
Lugsanay.
In
filing
the
petition,
however,
she
seeks
the
correction
of
her
first
name
and
5
surname,
her
status
from
“legitimate”
to
“illegitimate”
and
her
citizenship
from
“Chinese”
to
“Filipino.”
Thus,
respondent
should
have
impleaded
and
notified
not
only
the
Local
Civil
Registrar
but
also
her
parents
and
siblings
as
the
persons
who
have
interest
and
are
affected
by
the
changes
or
corrections
respondent
wanted
to
make.
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.
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.
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.
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,
earnest
efforts
were
made
by
petitioners
in
bringing
to
court
all
possible
interested
parties.
Such
failure
was
likewise
excused
where
the
interested
parties
themselves
initiated
the
corrections
proceedings;
when
there
is
no
actual
or
presumptive
awareness
of
the
existence
of
the
interested
parties;
or
when
a
party
is
inadvertently
left
out.
Same;
Special
Proceedings;
Correction
of
Entries
in
the
Civil
Registry;
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.―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.
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.
Fujiki
vs.
Marinay
(2013)
Same;
Same;
Same;
Same;
Civil
Law;
Divorce;
While
the
Philippines
does
not
have
a
divorce
law,
Philippine
courts
may,
however,
recognize
a
foreign
divorce
decree
under
the
second
paragraph
of
Article
26
of
the
Family
Code,
to
capacitate
a
Filipino
citizen
to
remarry
when
his
or
her
foreign
spouse
obtained
a
divorce
decree
abroad.—Since
1922
in
Adong
v.
Cheong
Seng
Gee,
43
Phil.
43
(1922),
Philippine
courts
have
recognized
foreign
divorce
decrees
between
a
Filipino
and
a
foreign
citizen
if
they
are
successfully
proven
under
the
rules
of
evidence.
Divorce
involves
the
dissolution
of
a
marriage,
but
the
recognition
of
a
foreign
divorce
decree
does
not
involve
the
extended
procedure
under
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
or
the
rules
of
ordinary
trial.
While
the
Philippines
does
not
have
a
divorce
law,
Philippine
courts
may,
however,
recognize
a
foreign
divorce
decree
under
the
second
paragraph
of
Article
26
of
the
Family
Code,
to
capacitate
a
Filipino
citizen
to
remarry
when
his
or
her
foreign
spouse
obtained
a
divorce
decree
abroad.
6
Same;
Same;
Same;
Same;
Since
the
recognition
of
a
foreign
judgment
only
requires
proof
of
fact
of
the
judgment,
it
may
be
made
in
a
special
proceeding
for
cancellation
or
correction
of
entries
in
the
civil
registry
under
Rule
108
of
the
Rules
of
Court.
Rule
1,
Section
3
of
the
Rules
of
Court
provides
that
“[a]
special
proceeding
is
a
remedy
by
which
a
party
seeks
to
establish
a
status,
a
right,
or
a
particular
fact.”—Since
the
recognition
of
a
foreign
judgment
only
requires
proof
of
fact
of
the
judgment,
it
may
be
made
in
a
special
proceeding
for
cancellation
or
correction
of
entries
in
the
civil
registry
under
Rule
108
of
the
Rules
of
Court.
Rule
1,
Section
3
of
the
Rules
of
Court
provides
that
“[a]
special
proceeding
is
a
remedy
by
which
a
party
seeks
to
establish
a
status,
a
right,
or
a
particular
fact.”
Rule
108
creates
a
remedy
to
rectify
facts
of
a
person’s
life
which
are
recorded
by
the
State
pursuant
to
the
Civil
Register
Law
or
Act
No.
3753.
These
are
facts
of
public
consequence
such
as
birth,
death
or
marriage,
which
the
State
has
an
interest
in
recording.
As
noted
by
the
Solicitor
General,
in
Corpuz
v.
Sto.
Tomas,
628
SCRA
266
(2010),
this
Court
declared
that
“[t]he
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.”
Civil
Law;
Marriages;
Parties;
When
Section
2(a)
states
that
“[a]
petition
for
declaration
of
absolute
nullity
of
void
marriage
may
be
filed
solely
by
the
husband
or
the
wife”
—
it
refers
to
the
husband
or
the
wife
of
the
subsisting
marriage;
The
husband
or
the
wife
of
the
prior
subsisting
marriage
is
the
one
who
has
the
personality
to
file
a
petition
for
declaration
of
absolute
nullity
of
void
marriage
under
Section
2(a)
of
A.M.
No.
02-‐‑11-‐‑10-‐‑SC.—Section
2(a)
of
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
does
not
preclude
a
spouse
of
a
subsisting
marriage
to
question
the
validity
of
a
subsequent
marriage
on
the
ground
of
bigamy.
On
the
contrary,
when
Section
2(a)
states
that
“[a]
petition
for
declaration
of
absolute
nullity
of
void
marriage
may
be
filed
solely
by
the
husband
or
the
wife”
—
it
refers
to
the
husband
or
the
wife
of
the
subsisting
marriage.
Under
Article
35(4)
of
the
Family
Code,
bigamous
marriages
are
void
from
the
beginning.
Thus,
the
parties
in
a
bigamous
marriage
are
neither
the
husband
nor
the
wife
under
the
law.
The
husband
or
the
wife
of
the
prior
subsisting
marriage
is
the
one
who
has
the
personality
to
file
a
petition
for
declaration
of
absolute
nullity
of
void
marriage
under
Section
2(a)
of
A.M.
No.
02-‐‑11-‐‑10-‐‑SC.
Remedial
Law;
Special
Proceedings;
Correction
of
Entries;
A
petition
for
correction
or
cancellation
of
an
entry
in
the
civil
registry
cannot
substitute
for
an
action
to
invalidate
a
marriage.
A
direct
action
is
necessary
to
prevent
circumvention
of
the
substantive
and
procedural
safeguards
of
marriage
under
the
Family
Code,
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
and
other
related
laws.—To
be
sure,
a
petition
for
correction
or
cancellation
of
an
entry
in
the
civil
registry
cannot
substitute
for
an
action
to
invalidate
a
marriage.
A
direct
action
is
necessary
to
prevent
circumvention
of
the
substantive
and
procedural
safeguards
of
marriage
under
the
Family
Code,
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
and
other
related
laws.
Among
these
safeguards
are
the
requirement
of
proving
the
limited
grounds
for
the
dissolution
of
marriage,
support
pendente
lite
of
the
spouses
and
children,
the
liquidation,
partition
and
distribution
of
the
properties
of
the
spouses,
and
the
investigation
of
the
public
prosecutor
to
determine
collusion.
A
direct
action
for
declaration
of
nullity
or
annulment
of
marriage
is
also
necessary
to
prevent
circumvention
of
the
jurisdiction
of
the
Family
Courts
under
the
Family
Courts
Act
of
1997
(Republic
Act
No.
8369),
as
a
petition
for
cancellation
or
correction
of
entries
in
7
the
civil
registry
may
be
filed
in
the
Regional
Trial
Court
“where
the
corresponding
civil
registry
is
located.”
In
other
words,
a
Filipino
citizen
cannot
dissolve
his
marriage
by
the
mere
expedient
of
changing
his
entry
of
marriage
in
the
civil
registry.
However,
this
does
not
apply
in
a
petition
for
correction
or
cancellation
of
a
civil
registry
entry
based
on
the
recognition
of
a
foreign
judgment
annulling
a
marriage
where
one
of
the
parties
is
a
citizen
of
the
foreign
country.
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
procedure
in
A.M.
No.
02-‐‑11-‐‑10-‐‑SC
does
not
apply
in
a
petition
to
recognize
a
foreign
judgment
annulling
a
bigamous
marriage
where
one
of
the
parties
is
a
citizen
of
the
foreign
country.
Neither
can
R.A.
No.
8369
define
the
jurisdiction
of
the
foreign
court.
Republic
vs.
Coseteng-‐‑Magpayo
(2011)
Civil
Law;
Change
of
Name;
A
person
can
effect
a
change
of
name
under
Rule
103
using
valid
and
meritorious
grounds.—A
person
can
effect
a
change
of
name
under
Rule
103
(CHANGE
OF
NAME)
using
valid
and
meritorious
grounds
including
(a)
when
the
name
is
ridiculous,
dishonorable
or
extremely
difficult
to
write
or
pronounce;
(b)
when
the
change
results
as
a
legal
consequence
such
as
legitimation;
(c)
when
the
change
will
avoid
confusion;
(d)
when
one
has
continuously
used
and
been
known
since
childhood
by
a
Filipino
name,
and
was
unaware
of
alien
parentage;
(e)
a
sincere
desire
to
adopt
a
Filipino
name
to
erase
signs
of
former
alienage,
all
in
good
faith
and
without
prejudicing
anybody;
and
(f)
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.
Respondent’s
reason
for
changing
his
name
cannot
be
considered
as
one
of,
or
analogous
to,
recognized
grounds,
however.
Same;
Same;
Changes
which
may
affect
the
civil
status
from
legitimate
to
illegitimate
are
substantial
and
controversial
alterations
which
can
only
be
allowed
after
appropriate
adversary
proceedings.—Labayo-‐‑Rowe
v.
Republic,
168
SCRA
294
[1988],
categorically
holds
that
“changes
which
may
affect
the
civil
status
from
legitimate
to
illegitimate
.
.
.
are
substantial
and
controversial
alterations
which
can
only
be
allowed
after
appropriate
adversary
proceedings
.
.
.”
Since
respondent’s
desired
change
affects
his
civil
status
from
legitimate
to
illegitimate,
Rule
108
applies.
Republic
vs.
Mercadera
(2010)
Civil
Law;
Correction
of
Entries;
Change
of
Name;
In
petitions
for
change
of
name,
a
person
avails
of
a
remedy
to
alter
the
“designation
by
which
he
is
known
and
called
in
the
community
in
which
he
lives
and
is
best
known”;
Judicial
permission
for
a
change
of
name
aims
to
prevent
8
fraud
and
to
ensure
a
record
of
the
change
by
virtue
of
a
court
decree.—Rule
103
procedurally
governs
judicial
petitions
for
change
of
given
name
or
surname,
or
both,
pursuant
to
Article
376
of
the
Civil
Code.
This
rule
provides
the
procedure
for
an
independent
special
proceeding
in
court
to
establish
the
status
of
a
person
involving
his
relations
with
others,
that
is,
his
legal
position
in,
or
with
regard
to,
the
rest
of
the
community.
In
petitions
for
change
of
name,
a
person
avails
of
a
remedy
to
alter
the
“designation
by
which
he
is
known
and
called
in
the
community
in
which
he
lives
and
is
best
known.”
When
granted,
a
person’s
identity
and
interactions
are
affected
as
he
bears
a
new
“label
or
appellation
for
the
convenience
of
the
world
at
large
in
addressing
him,
or
in
speaking
of,
or
dealing
with
him.”
Judicial
permission
for
a
change
of
name
aims
to
prevent
fraud
and
to
ensure
a
record
of
the
change
by
virtue
of
a
court
decree.
Same;
Same;
Same;
Proceeding
under
Rule
103
is
also
an
action
in
rem
which
requires
publication
of
the
order
issued
by
the
court
to
afford
the
State
and
all
other
interested
parties
to
oppose
the
petition;
“It
is
the
publication
of
such
notice
that
brings
in
the
whole
world
as
a
party
in
the
case
and
vests
the
court
jurisdiction
to
hear
and
decide
it.”—The
proceeding
under
Rule
103
is
also
an
action
in
rem
which
requires
publication
of
the
order
issued
by
the
court
to
afford
the
State
and
all
other
interested
parties
to
oppose
the
petition.
When
complied
with,
the
decision
binds
not
only
the
parties
impleaded
but
the
whole
world.
As
notice
to
all,
publication
serves
to
indefinitely
bar
all
who
might
make
an
objection.
“It
is
the
publication
of
such
notice
that
brings
in
the
whole
world
as
a
party
in
the
case
and
vests
the
court
with
jurisdiction
to
hear
and
decide
it.”
Same;
Same;
Same;
A
change
of
name
does
not
define
or
effect
a
change
of
one’s
existing
family
relations
or
in
the
rights
and
duties
flowing
therefrom;
It
does
not
alter
one’s
legal
capacity
or
civil
status.—A
change
of
name
does
not
define
or
effect
a
change
of
one’s
existing
family
relations
or
in
the
rights
and
duties
flowing
therefrom.
It
does
not
alter
one’s
legal
capacity
or
civil
status.
However,
“there
could
be
instances
where
the
change
applied
for
may
be
open
to
objection
by
parties
who
already
bear
the
surname
desired
by
the
applicant,
not
because
he
would
thereby
acquire
certain
family
ties
with
them
but
because
the
existence
of
such
ties
might
be
erroneously
impressed
on
the
public
mind.”
Hence,
in
requests
for
a
change
of
name,
“what
is
involved
is
not
a
mere
matter
of
allowance
or
disallowance
of
the
request,
but
a
judicious
evaluation
of
the
sufficiency
and
propriety
of
the
justifications
advanced
x
x
x
mindful
of
the
consequent
results
in
the
event
of
its
grant
x
x
x.”
Same;
Same;
Same;
Rule
108,
on
the
other
hand,
implements
judicial
proceedings
for
the
correction
or
cancellation
of
entries
in
the
civil
registry
pursuant
to
Article
412
of
the
Civil
Code.—Rule
108,
on
the
other
hand,
implements
judicial
proceedings
for
the
correction
or
cancellation
of
entries
in
the
civil
registry
pursuant
to
Article
412
of
the
Civil
Code.
Entries
in
the
civil
register
refer
to
“acts,
events
and
judicial
decrees
concerning
the
civil
status
of
persons,”
also
as
enumerated
in
Article
408
of
the
same
law.
Before,
only
mistakes
or
errors
of
a
harmless
and
innocuous
nature
in
the
entries
in
the
civil
registry
may
be
corrected
under
Rule
108
and
substantial
errors
affecting
the
civil
status,
citizenship
or
nationality
of
a
party
are
beyond
the
ambit
of
the
rule.
9
Same;
Same;
Same;
The
“change
of
name”
contemplated
under
Article
376
and
Rule
103
must
not
be
confused
with
Article
412
and
Rule
108.—The
“change
of
name”
contemplated
under
Article
376
and
Rule
103
must
not
be
confused
with
Article
412
and
Rule
108.
A
change
of
one’s
name
under
Rule
103
can
be
granted,
only
on
grounds
provided
by
law.
In
order
to
justify
a
request
for
change
of
name,
there
must
be
a
proper
and
compelling
reason
for
the
change
and
proof
that
the
person
requesting
will
be
prejudiced
by
the
use
of
his
official
name.
To
assess
the
sufficiency
of
the
grounds
invoked
therefor,
there
must
be
adversarial
proceedings.
Same;
Same;
Same;
Not
all
alterations
allowed
in
one’s
name
are
confined
under
Rule
103;
Corrections
for
clerical
errors
may
be
set
right
under
Rule
108.—In
petitions
for
correction,
only
clerical,
spelling,
typographical
and
other
innocuous
errors
in
the
civil
registry
may
be
raised.
Considering
that
the
enumeration
in
Section
2,
Rule
108
also
includes
“changes
of
name,”
the
correction
of
a
patently
misspelled
name
is
covered
by
Rule
108.
Suffice
it
to
say,
not
all
alterations
allowed
in
one’s
name
are
confined
under
Rule
103.
Corrections
for
clerical
errors
may
be
set
right
under
Rule
108.
Same;
Same;
Same;
Republic
v.
Valencia,
141
SCRA
462
(1986),
is
the
authority
for
allowing
substantial
errors
in
other
entries
like
citizenship,
civil
status,
and
paternity,
to
be
corrected
using
Rule
108
provided
there
is
an
adversary
proceeding.—This
rule
in
“names,”
however,
does
not
operate
to
entirely
limit
Rule
108
to
the
correction
of
clerical
errors
in
civil
registry
entries
by
way
of
a
summary
proceeding.
As
explained
above,
Republic
v.
Valencia,
141
SCRA
462
(1986),
is
the
authority
for
allowing
substantial
errors
in
other
entries
like
citizenship,
civil
status,
and
paternity,
to
be
corrected
using
Rule
108
provided
there
is
an
adversary
proceeding.
“After
all,
the
role
of
the
Court
under
Rule
108
is
to
ascertain
the
truths
about
the
facts
recorded
therein.”
Republic
vs.
Cagandahan
(2008)
Civil
Registry;
Correction
of
Entries
in
Birth
Certificates;
Clerical
Error
Law
(R.A.
No.
9048);
R.A.
No.
9048
removed
from
the
ambit
of
Rule
108
of
the
Rules
of
Court
the
correction
of
such
errors—Rule
108
now
applies
only
to
substantial
changes
and
corrections
in
entries
in
the
civil
register.—The
determination
of
a
person’s
sex
appearing
in
his
birth
certificate
is
a
legal
issue
and
the
court
must
look
to
the
statutes.
In
this
connection,
Article
412
of
the
Civil
Code
provides:
ART.
412.
No
entry
in
a
civil
register
shall
be
changed
or
corrected
without
a
judicial
order.
Together
with
Article
376
of
the
Civil
Code,
this
provision
was
amended
by
Republic
Act
No.
9048
in
so
far
as
clerical
or
typographical
errors
are
involved.
The
correction
or
change
of
such
matters
can
now
be
made
through
administrative
proceedings
and
without
the
need
for
a
judicial
order.
In
effect,
Rep.
Act
No.
9048
removed
from
the
ambit
of
Rule
108
of
the
Rules
of
Court
the
correction
of
such
errors.
Rule
108
now
applies
only
to
substantial
changes
and
corrections
in
entries
in
the
civil
register.
Same;
Same;
The
entries
envisaged
in
Article
412
of
the
Civil
Code
and
correctable
under
Rule
108
of
the
Rules
of
Court
are
those
provided
in
Articles
407
and
408
of
the
Civil
Code;
The
acts,
events
or
factual
errors
contemplated
under
Article
407
of
the
Civil
Code
include
even
those
that
occur
after
birth.—Under
Rep.
Act
No.
9048,
a
correction
in
the
civil
registry
involving
10
the
change
of
sex
is
not
a
mere
clerical
or
typographical
error.
It
is
a
substantial
change
for
which
the
applicable
procedure
is
Rule
108
of
the
Rules
of
Court.
The
entries
envisaged
in
Article
412
of
the
Civil
Code
and
correctable
under
Rule
108
of
the
Rules
of
Court
are
those
provided
in
Articles
407
and
408
of
the
Civil
Code:
ART.
407.
Acts,
events
and
judicial
decrees
concerning
the
civil
status
of
persons
shall
be
recorded
in
the
civil
register.
ART.
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.
The
acts,
events
or
factual
errors
contemplated
under
Article
407
of
the
Civil
Code
include
even
those
that
occur
after
birth.
Same;
Same;
Same;
Same;
The
current
state
of
Philippine
statutes
apparently
compels
that
a
person
be
classified
either
as
a
male
or
as
a
female,
but
this
Court
is
not
controlled
by
mere
appearances
when
nature
itself
fundamentally
negates
such
rigid
classification.—Intersex
individuals
are
treated
in
different
ways
by
different
cultures.
In
most
societies,
intersex
individuals
have
been
expected
to
conform
to
either
a
male
or
female
gender
role.
Since
the
rise
of
modern
medical
science
in
Western
societies,
some
intersex
people
with
ambiguous
external
genitalia
have
had
their
genitalia
surgically
modified
to
resemble
either
male
or
female
genitals.
More
commonly,
an
intersex
individual
is
considered
as
suffering
from
a
“disorder”
which
is
almost
always
recommended
to
be
treated,
whether
by
surgery
and/or
by
taking
lifetime
medication
in
order
to
mold
the
individual
as
neatly
as
possible
into
the
category
of
either
male
or
female.
In
deciding
this
case,
we
consider
the
compassionate
calls
for
recognition
of
the
various
degrees
of
intersex
as
variations
which
should
not
be
subject
to
outright
denial.
“It
has
been
suggested
that
there
is
some
middle
ground
between
the
sexes,
a
‘no-‐‑man’s
land’
for
those
individuals
who
are
neither
truly
‘male’
nor
truly
‘female.’”
The
current
state
of
Philippine
statutes
apparently
compels
that
a
person
be
classified
either
as
a
male
or
as
a
female,
but
this
Court
is
not
controlled
by
mere
appearances
when
nature
itself
fundamentally
negates
such
rigid
classification.
Same;
Same;
Names;
There
is
merit
in
the
change
of
name
of
a
person
with
Congenital
Adrenal
Hyperplasia
(CAH)
where
the
same
is
the
consequence
of
the
recognition
of
his
preferred
gender.—As
for
respondent’s
change
of
name
under
Rule
103,
this
Court
has
held
that
a
11
change
of
name
is
not
a
matter
of
right
but
of
judicial
discretion,
to
be
exercised
in
the
light
of
the
reasons
adduced
and
the
consequences
that
will
follow.
The
trial
court’s
grant
of
respondent’s
change
of
name
from
Jennifer
to
Jeff
implies
a
change
of
a
feminine
name
to
a
masculine
name.
Considering
the
consequence
that
respondent’s
change
of
name
merely
recognizes
his
preferred
gender,
we
find
merit
in
respondent’s
change
of
name.
Such
a
change
will
conform
with
the
change
of
the
entry
in
his
birth
certificate
from
female
to
male.
Republic
vs.
Kho
(2007)
Civil
Registry;
Correction
of
Entries;
Names;
Citizenship;
Marital
Status;
Substantial
and
controversial
amendments
in
entries
in
the
Civil
Registry
can
only
be
granted
in
an
adversary
proceeding.—It
can
not
be
gainsaid
that
the
petition,
insofar
as
it
sought
to
change
the
citizenship
of
Carlito’s
mother
as
it
appeared
in
his
birth
certificate
and
delete
the
“married”
status
of
Carlito’s
parents
in
his
and
his
siblings’
respective
birth
certificates,
as
well
as
change
the
date
of
marriage
of
Carlito
and
Marivel
involves
the
correction
of
not
just
clerical
errors
of
a
harmless
and
innocuous
nature.
Rather,
the
changes
entail
substantial
and
controversial
amendments.
For
the
change
involving
the
nationality
of
Carlito’s
mother
as
reflected
in
his
birth
certificate
is
a
grave
and
important
matter
that
has
a
bear-‐‑ing
and
effect
on
the
citizenship
and
nationality
not
only
of
the
parents,
but
also
of
the
offspring.
Further,
the
deletion
of
the
entry
that
Carlito’s
and
his
siblings’
parents
were
“married”
alters
their
filiation
from
“legitimate”
to
“illegitimate,”
with
significant
implications
on
their
successional
and
other
rights.
Clearly,
the
changes
sought
can
only
be
granted
in
an
adversary
proceeding.
Labayo-‐‑Rowe
v.
Republic,
168
SCRA
294
(1988),
explains
the
raison
d’être:
x
x
x.
The
philosophy
behind
this
requirement
lies
in
the
fact
that
the
books
making
up
the
civil
register
and
all
documents
relating
thereto
shall
be
prima
facie
evidence
of
the
facts
therein
contained.
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.
Same;
Same;
Same;
Same;
Same;
Words
and
Phrases;
Even
substantial
errors
in
a
civil
registry
may
be
corrected
through
a
petition
filed
under
Rule
108
of
the
Rules
of
Court;
“Adversary
proceeding”
has
been
defined
as
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.—In
Republic
v.
Valencia,
141
SCRA
462
(1986),
however,
this
Court
ruled,
and
has
since
repeatedly
ruled,
that
even
substantial
errors
in
a
civil
registry
may
be
corrected
through
a
petition
filed
under
Rule
108.
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,
but
one
involving
nationality
or
citizenship,
which
is
indisputably
substantial
as
well
as
controverted,
affirmative
relief
cannot
be
granted
in
a
proceeding
summary
in
nature.
However,
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.
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.
x
x
x
x
What
is
meant
by
“appropriate
adversary
proceeding?”
Black’s
Law
Dictionary
defines
“adversary
proceeding[”]
as
follows:
12
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.
x
x
x
Same;
Same;
Same;
Same;
Same;
Parties;
Publication
of
the
order
of
hearing
under
Section
4
of
Rule
108
cures
the
failure
to
implead
an
indispensable
party.—What
surfaces
as
an
issue
is
whether
the
failure
to
implead
Marivel
and
Carlito’s
parents
rendered
the
trial
short
of
the
required
adversary
proceeding
and
the
trial
court’s
judgment
void.
A
similar
issue
was
earlier
raised
in
Barco
v.
Court
of
Appeals,
420
SCRA
162
(2004).
That
case
stemmed
from
a
petition
for
correction
of
entries
in
the
birth
certificate
of
a
minor,
June
Salvacion
Maravilla,
to
reflect
the
name
of
her
real
father
(Armando
Gustilo)
and
to
correspondingly
change
her
surname.
The
petition
was
granted
by
the
trial
court.
Barco,
whose
minor
daughter
was
allegedly
fathered
also
by
Gustilo,
however,
sought
to
annul
the
trial
court’s
decision,
claiming
that
she
should
have
been
made
a
party
to
the
petition
for
correction.
Failure
to
implead
her
deprived
the
RTC
of
jurisdiction,
she
contended.
In
dismissing
Barco’s
petition,
this
Court
held
that
the
publication
of
the
order
of
hearing
under
Section
4
of
Rule
108
cured
the
failure
to
implead
an
indispensable
party.
Same;
Same;
Same;
The
correction
of
the
name
of
the
wife
of
one
of
the
petitioners,
from
“Maribel”
to
“Marivel,”
is
appropriate,
the
mistake
being
clearly
clerical
or
typographical,
which
is
not
only
visible
to
the
eyes,
but
is
also
obvious
to
the
understanding
considering
that
the
name
reflected
in
the
marriage
certificate
is
“Marivel.”—Outside
the
ambit
of
substantial
corrections,
of
course,
is
the
correction
of
the
name
of
Carlito’s
wife
from
“Maribel”
to
“Marivel.”
The
mistake
is
clearly
clerical
or
typographical,
which
is
not
only
visible
to
the
eyes,
but
is
also
obvious
to
the
understanding
considering
that
the
name
reflected
in
the
marriage
certificate
of
Carlito
and
his
wife
is
“Marivel.”
Apropos
is
Yu
v.
Republic,
21
SCRA
1018
(1967),
which
held
that
changing
the
appellant’s
Christian
name
of
“Sincio”
to
“Sencio”
amounts
merely
to
the
righting
of
a
clerical
error.
The
change
of
name
from
Beatriz
Labayo/Beatriz
Labayu
to
Emperatriz
Labayo
was
also
held
to
be
a
mere
innocuous
alteration,
which
can
be
granted
through
a
summary
proceeding.
The
same
ruling
holds
true
with
respect
to
the
correction
in
Carlito’s
marriage
certificate
of
his
father’s
name
from
“John
Kho”
to
“Juan
Kho.”
Except
in
said
marriage
certificate,
the
name
“Juan
Kho”
was
uniformly
entered
in
the
birth
certificates
of
Carlito
and
of
his
siblings.
Silverio
vs.
Republic
(2007)
Change
of
Name;
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.—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.
In
this
connection,
Article
376
of
the
Civil
Code
provides:
ART.
376.
No
person
can
change
his
name
or
surname
without
judicial
authority.
Same;
Clerical
Error
Law
(RA
9048);
Administrative
Law;
Jurisdictions;
RA
9048
now
governs
the
change
of
first
name,
and
vests
the
power
and
authority
to
entertain
petitions
for
change
of
first
name
to
the
city
or
municipal
civil
registrar
or
consul
general
concerned;
The
intent
and
13
effect
of
the
law
is
to
exclude
the
change
of
first
name
from
the
coverage
of
Rules
103
(Change
of
Name)
and
108
(Cancellation
or
Correction
of
Entries
in
the
Civil
Registry)
of
the
Rules
of
Court,
until
and
unless
an
administrative
petition
for
change
of
name
is
first
filed
and
subsequently
denied—in
sum,
the
remedy
and
the
proceedings
regulating
change
of
first
name
are
primarily
administrative
in
nature,
not
judicial.—RA
9048
now
governs
the
change
of
first
name.
It
vests
the
power
and
authority
to
entertain
petitions
for
change
of
first
name
to
the
city
or
municipal
civil
registrar
or
consul
general
concerned.
Under
the
law,
therefore,
jurisdiction
over
applications
for
change
of
first
name
is
now
primarily
lodged
with
the
aforementioned
administrative
officers.
The
intent
and
effect
of
the
law
is
to
exclude
the
change
of
first
name
from
the
coverage
of
Rules
103
(Change
of
Name)
and
108
(Cancellation
or
Correction
of
Entries
in
the
Civil
Registry)
of
the
Rules
of
Court,
until
and
unless
an
administrative
petition
for
change
of
name
is
first
filed
and
subsequently
denied.
It
likewise
lays
down
the
corresponding
venue,
form
and
procedure.
In
sum,
the
remedy
and
the
proceedings
regulating
change
of
first
name
are
primarily
administrative
in
nature,
not
judicial.
Same;
Same;
Same;
Same;
Sex
Change;
A
change
of
name
does
not
alter
one’s
legal
capacity
or
civil
status—RA
9048
does
not
sanction
a
change
of
first
name
on
the
ground
of
sex
reassignment.—
Petitioner’s
basis
in
praying
for
the
change
of
his
first
name
was
his
sex
reassignment.
He
intended
to
make
his
first
name
compatible
with
the
sex
he
thought
he
transformed
himself
into
through
surgery.
However,
a
change
of
name
does
not
alter
one’s
legal
capacity
or
civil
status.
RA
9048
does
not
sanction
a
change
of
first
name
on
the
ground
of
sex
reassignment.
Rather
than
avoiding
confusion,
changing
petitioner’s
first
name
for
his
declared
purpose
may
only
create
grave
complications
in
the
civil
registry
and
the
public
interest.
Before
a
person
can
legally
change
his
given
name,
he
must
present
proper
or
reasonable
cause
or
any
compelling
reason
justifying
such
change.
In
addition,
he
must
show
that
he
will
be
prejudiced
by
the
use
of
his
true
and
official
name.
In
this
case,
he
failed
to
show,
or
even
allege,
any
prejudice
that
he
might
suffer
as
a
result
of
using
his
true
and
official
name.
Same;
Same;
A
petition
in
the
trial
court
in
so
far
as
it
prays
for
change
of
first
name
is
not
within
that
court’s
primary
jurisdiction
as
the
petition
should
be
filed
with
the
local
civil
registrar
concerned,
namely,
where
the
birth
certificate
is
kept.—The
petition
in
the
trial
court
in
so
far
as
it
prayed
for
the
change
of
petitioner’s
first
name
was
not
within
that
court’s
primary
jurisdiction
as
the
petition
should
have
been
filed
with
the
local
civil
registrar
concerned,
assuming
it
could
be
legally
done.
It
was
an
improper
remedy
because
the
proper
remedy
was
administrative,
that
is,
that
provided
under
RA
9048.
It
was
also
filed
in
the
wrong
venue
as
the
proper
venue
was
in
the
Office
of
the
Civil
Registrar
of
Manila
where
his
birth
certificate
is
kept.
More
importantly,
it
had
no
merit
since
the
use
of
his
true
and
official
name
does
not
prejudice
him
at
all.
For
all
these
reasons,
the
Court
of
Appeals
correctly
dismissed
petitioner’s
petition
in
so
far
as
the
change
of
his
first
name
was
concerned.
Same;
Same;
Sex
Change;
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—it
is
a
substantial
change
for
which
the
applicable
procedure
is
Rule
108
of
the
Rules
of
Court.—Section
2(c)
of
RA
9048
defines
14
what
a
“clerical
or
typographical
error”
is:
SECTION
2.
Definition
of
Terms.—As
used
in
this
Act,
the
following
terms
shall
mean:
x
x
x
x
x
x
x
x
x
(3)
“Clerical
or
typographical
error”
refers
to
a
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
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:
Provided,
however,
That
no
correction
must
involve
the
change
of
nationality,
age,
status
or
sex
of
the
petitioner.
(emphasis
supplied)
Under
RA
9048,
a
correction
in
the
civil
registry
involving
the
change
of
sex
is
not
a
mere
clerical
or
typographical
error.
It
is
a
substantial
change
for
which
the
applicable
procedure
is
Rule
108
of
the
Rules
of
Court.
The
entries
envisaged
in
Article
412
of
the
Civil
Code
and
correctable
under
Rule
108
of
the
Rules
of
Court
are
those
provided
in
Articles
407
and
408
of
the
Civil
Code.
Same;
Same;
Same;
Words
and
Phrases;
Statutory
Construction;
No
reasonable
interpretation
of
Art.
407
of
the
Civil
Code
can
justify
the
conclusion
that
it
covers
the
correction
on
the
ground
of
sex
reassignment;
To
correct
simply
means
“to
make
or
set
aright;
to
remove
the
faults
or
error
from”
while
to
change
means
“to
replace
something
with
something
else
of
the
same
kind
or
with
something
that
serves
as
a
substitute.”—The
acts,
events
or
factual
errors
contemplated
under
Article
407
of
the
Civil
Code
include
even
those
that
occur
after
birth.
However,
no
reasonable
interpretation
of
the
provision
can
justify
the
conclusion
that
it
covers
the
correction
on
the
ground
of
sex
reassignment.
To
correct
simply
means
“to
make
or
set
aright;
to
remove
the
faults
or
error
from”
while
to
change
means
“to
replace
something
with
something
else
of
the
same
kind
or
with
something
that
serves
as
a
substitute.”
The
birth
certificate
of
petitioner
contained
no
error.
All
entries
therein,
including
those
corresponding
to
his
first
name
and
sex,
were
all
correct.
No
correction
is
necessary.
Same;
Same;
Same;
Same;
“Status”
refers
to
the
circumstances
affecting
the
legal
situation
(that
is,
the
sum
total
of
capacities
and
incapacities)
of
a
person
in
view
of
his
age,
nationality
and
his
family
membership.—“Status”
refers
to
the
circumstances
affecting
the
legal
situation
(that
is,
the
sum
total
of
capacities
and
incapacities)
of
a
person
in
view
of
his
age,
nationality
and
his
family
membership.
The
status
of
a
person
in
law
includes
all
his
personal
qualities
and
relations,
more
or
less
permanent
in
nature,
not
ordinarily
terminable
at
his
own
will,
such
as
his
being
legitimate
or
illegitimate,
or
his
being
married
or
not.
The
comprehensive
term
status…
include
such
matters
as
the
beginning
and
end
of
legal
personality,
capacity
to
have
rights
in
general,
family
relations,
and
its
various
aspects,
such
as
birth,
legitimation,
adoption,
emancipation,
marriage,
divorce,
and
sometimes
even
succession.
Limson
vs.
Gonzalez
(2014)
Criminal
Law;
Anti-‐‑Alias
Law;
Considering
that
he
was
not
shown
to
have
used
the
names
for
unscrupulous
purposes,
or
to
deceive
or
confuse
the
public,
the
dismissal
of
the
charge
against
him
was
justified
in
fact
and
in
law.—On
the
issue
of
the
alleged
use
of
illegal
aliases,
the
Court
observes
that
respondent’s
aliases
involved
the
names
“Eugenio
Gonzalez,”
“Eugenio
Gonzales,”
“Eugenio
Juan
Gonzalez,”
“Eugenio
Juan
Gonzalez
y
Regalado,”
“Eugenio
C.R.
15
Gonzalez,”
“Eugenio
J.
Gonzalez,”
and
—
per
Limson
—
“Eugenio
Juan
Robles
Gonzalez.”
But
these
names
contained
his
true
names,
albeit
at
times
joined
with
an
erroneous
middle
or
second
name,
or
a
misspelled
family
name
in
one
instance.
The
records
disclose
that
the
erroneous
middle
or
second
names,
or
the
misspelling
of
the
family
name
resulted
from
error
or
inadvertence
left
unchecked
and
unrectified
over
time.
What
is
significant,
however,
is
that
such
names
were
not
fictitious
names
within
the
purview
of
the
Anti-‐‑Alias
Law;
and
that
such
names
were
not
different
from
each
other.
Considering
that
he
was
not
also
shown
to
have
used
the
names
for
unscrupulous
purposes,
or
to
deceive
or
confuse
the
public,
the
dismissal
of
the
charge
against
him
was
justified
in
fact
and
in
law.
Civil
Law;
Alias;
Words
and
Phrases;
An
alias
is
a
name
or
names
used
by
a
person
or
intended
to
be
used
by
him
publicly
and
habitually,
usually
in
business
transactions,
in
addition
to
the
real
name
by
which
he
was
registered
at
birth
or
baptized
the
first
time,
or
to
the
substitute
name
authorized
by
a
competent
authority;
a
man’s
name
is
simply
the
sound
or
sounds
by
which
he
is
commonly
designated
by
his
fellows
and
by
which
they
distinguish
him,
but
sometimes
a
man
is
known
by
several
different
names
and
these
are
known
as
aliases.—An
alias
is
a
name
or
names
used
by
a
person
or
intended
to
be
used
by
him
publicly
and
habitually,
usually
in
business
transactions,
in
addition
to
the
real
name
by
which
he
was
registered
at
birth
or
baptized
the
first
time,
or
to
the
substitute
name
authorized
by
a
competent
authority;
a
man’s
name
is
simply
the
sound
or
sounds
by
which
he
is
commonly
designated
by
his
fellows
and
by
which
they
distinguish
him,
but
sometimes
a
man
is
known
by
several
different
names
and
these
are
known
as
aliases.
An
alias
is
thus
a
name
that
is
different
from
the
individual’s
true
name,
and
does
not
refer
to
a
name
that
is
not
different
from
his
true
name.
Ursua
vs.
Court
of
Appeals
(1996)
Same;
Names;
Aliases;
Criminal
Law;
C.A.
No.
142;
The
objective
and
purpose
of
C.A.
No.
142
have
their
origin
and
basis
in
Act
No.
3883.—The
objective
and
purpose
of
C.A.
No.
142
have
their
origin
and
basis
in
Act
No.
3883,
An
Act
to
Regulate
the
Use
in
Business
Transactions
of
Names
other
than
True
Names,
Prescribing
the
Duties
of
the
Director
of
the
Bureau
of
Commerce
and
Industry
in
its
Enforcement,
Providing
Penalties
for
Violations
thereof,
and
for
other
purposes,
which
was
approved
on
14
November
1931
and
amended
by
Act
No.
4147,
approved
on
28
November
1934.
Same;
Same;
Same;
Same;
Same;
The
enactment
of
C.A.
No.
142
as
amended
was
made
primarily
to
curb
the
common
practice
among
the
Chinese
of
adopting
scores
of
different
names
and
aliases
which
created
tremendous
confusion
in
the
field
of
trade.—For
a
bit
of
history,
the
enactment
of
C.A.
No.
142
as
amended
was
made
primarily
to
curb
the
common
practice
among
the
Chinese
of
adopting
scores
of
different
names
and
aliases
which
created
tremendous
confusion
in
the
field
of
trade.
Such
a
practice
almost
bordered
on
the
crime
of
using
fictitious
names
which
for
obvious
reasons
could
not
be
successfully
maintained
against
the
Chinese
who,
rightly
or
wrongly,
claimed
they
possessed
a
thousand
and
one
names.
C.A.
No.
142
thus
penalized
the
act
of
using
an
alias
name,
unless
such
alias
was
duly
authorized
by
proper
judicial
proceedings
and
recorded
in
the
civil
register.
16
Same;
Same;
Same;
Same;
Same;
Words
and
Phrases;
”Alias”
and
”Name,”
Defined.—Clearly
therefore
an
alias
is
a
name
or
names
used
by
a
person
or
intended
to
be
used
by
him
publicly
and
habitually
usually
in
business
transactions
in
addition
to
his
real
name
by
which
he
is
registered
at
birth
or
baptized
the
first
time
or
substitute
name
authorized
by
a
competent
authority.
A
man’s
name
is
simply
the
sound
or
sounds
by
which
he
is
commonly
designated
by
his
fellows
and
by
which
they
distinguish
him
but
sometimes
a
man
is
known
by
several
different
names
and
these
are
known
as
aliases.
Same;
Same;
Same;
Same;
Same;
The
use
of
a
fictitious
name
or
a
different
name
belonging
to
another
person
in
a
single
instance
without
any
sign
or
indication
that
the
user
intends
to
be
known
by
this
name
in
addition
to
his
real
name
from
that
day
forth
does
not
fall
within
the
prohibition
in
C.A.
No.
142.—Hence,
the
use
of
a
fictitious
name
or
a
different
name
belonging
to
another
person
in
a
single
instance
without
any
sign
or
indication
that
the
user
intends
to
be
known
by
this
name
in
addition
to
his
real
name
from
that
day
forth
does
not
fall
within
the
prohibition
contained
in
C.A.
No.
142
as
amended.
This
is
so
in
the
case
at
bench.
17