Rule 108 : Cancellation or Correction of Entries in the Civil Registry
Publication of the court order at least
Petition for Cancellation or Correction
of any entry relating to an act, event
order or decree concerning the civil
status (Sec 1 -3)
Judgment granting/denying the
petition. Copy of the judgment shall
be served upon the civil registrar who
shall annotate the same
Court order fixing the date and place
for Hearing (Sec 4)
Hearing on the Petition
once a week for 3 successive weeks in
a newspaper of general circulation,
with reasonable notice given to
persons named in the petition
Filing of opposition by the civil
registrar and any person
having/claiming interest under the
entry whose cancellation/correction is
sought within fifteen (15) days from
notice of the petition or from the last
date of publication of the notice.
 Any person interested in any act, event,
order or decree concerning the civil status
of persons which has been recorded in the
civil register, may file a verified petition.

 Where to file: RTC of the province where

the corresponding civil registrar is located.
1. Summary – when the correction sought to
be made is a mere clerical error (now
governed by R.A. 9048)

2. Adversarial – where the rectification

affects civil status, citizenship or
nationality of a party or any other
substantial change.
 Upon good and valid grounds, the following entries in the civil
register may be cancelled or corrected:
(a) births;
(b) marriages;
(c) deaths;
(d) legal separations;
(e) judgments of annulments of marriage;
(f) judgments declaring marriages void from the beginning;
(g) legitimations;
(h) adoptions;
(i) acknowledgments of natural children;
(j) naturalization;
(k) election, loss or recovery of citizenship;
(l) civil interdiction;
(m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and
(o) changes of name
 RA 9048 –” Clerical Error Act”
Section 4. Grounds for Change of First Name or Nickname.
– The petition for change of first name or nickname may
be allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to
write or pronounce.
(2) The new first name or nickname has been habitually
and continuously used by the petitioner and he has been
publicly known by that by that first name or nickname in
the community: or
(3) The change will avoid confusion.
It is submitted that a petition for change of name and
correction of entry may be joined in one proceeding if the
change of name and correction of entry are based on the
same underlying facts or logically connected to each other
and provided that all the requirements of Rule 108 are
complied with.
E.g. Republic vs. Cagandahan, the SC upheld the propriety
of a petition which asks for the change of sex from female to
male and change of name from Jennifer to Jeff.
Venue: It is submitted that venue should follow that for the
principal proceeding. Thus in Cagandahan, the principal
proceeding is the change of sex (change of name is merely
incidental); hence the venue should be with the RTC of the
place where the corresponding civil registry is located.
Clerical or Typographical Error
A mistake committed in the performance of
clerical work in writing, copying, transcribing or
typing an entry in the civil registrar that is
harmless and innocuous, such as a 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 or status of the petitioner.
 Who are the parties?
1. The civil registrar
2. All persons who have or claim any interest
which would be affected thereby.

Note: The failure to implead the parties who

would naturally and legally be affected by the
grant of the petition would render the
proceedings and judgment VOID.
 Order of hearing shall be published once (1)
a week for three (3) consecutive weeks in a
newspaper of general circulation in the
province and all persons named in the
petition shall be notified.
 Shows that Rule 108 mandates two sets of
notices to different potential oppositors. The
first notice is given to the persons “named in
the petition” and the second (which is
through publication) is that given to other
persons not named in the petition but
nonetheless may be considered interested or
affected parties, such as creditors)
 The following are entitled to oppose the
petition:
 1. The Civil Registrar
 2. Any person having or claiming any interest
under the entry whose cancellation or
correction is sought

Period to file opposition: Fifteen (15) days from

notice of the petition, or from the last date of
publication of such notice, file his opposition
thereto.
 The court may also grant preliminary
injunction for the preservation of the rights
of the parties pending such proceedings.
 After hearing, the court may either:
1. dismiss the petition;
2. or issue an order granting the cancellation
or correction prayed for.

In either case, a certified copy of the

judgment shall be served upon the civil
registrar concerned who shall annotate the
same in his record.