Onde Vs Civil Registrar Las Pinas

ONDE VS CIVIL REGISTRAR LAS PINAS and the true facts established provided the parties
aggrieved by the error avail themselves of the

On the first issue, we agree with the RTC that the first appropriate adversaryproceedings.9
name of petitioner and his mother as appearing in his
birth certificate can be corrected by the city civil On the third issue, we likewise affirm the RTC in
registrar under R.A. No. 9048. We note that petitioner dismissing the petition for correction of entries. As
no longer contested the RTCs ruling on this mentioned, petitioner no longer contested the RTC
point.4 Indeed, under Section 15 of R.A. No. 9048, ruling that the correction he sought on his and his
clerical or typographical errors on entries in a civil mothers first name can be done by the city civil
register can be corrected and changes of first name registrar. Under the circumstances, we are constrained
can be done by the concerned city civil registrar without to deny his prayer that the petition for correction of
need of a judicial order. Aforesaid Section 1, as entries before the RTC bereinstated since the same
amended by R.A. No. 10172, now reads: petition includes the correction he sought on his and
his mothers first name.
SECTION 1. Authority to Correct Clerical or
Typographical Error and Change of First Name or We clarify, however, that the RTCs dismissal is without
Nickname. No entry in a civil register shall be prejudice. As we said, petitioner can avail ofthe
changed or corrected without a judicial order, except administrative remedy for the correction of his and his
for clerical or typographical errors and change of first mothers first name.1wphi1 He can also file a new
name or nickname, the day and month in the date of petition before the RTC to correct the alleged
birth or sex of a person where it is patently clear that erroneous entry on his birth certificate that his parents
there was a clerical or typographical error or mistake in were married on December 23, 1983 in Bicol. This
the entry, which can be corrected or changed by the substantial correction is allowed under Rule 108 of the
concerned city or municipalcivil registrar or consul Rules of Court. As we reiterated in Eleosida v. Local
general in accordance with the provisions of this Act Civil Registrar of Quezon City:10
and its implementing rules and regulations. (Emphasis
supplied.) x x x This is our ruling in Republic vs. Valenciawhere
we held that even substantial errors in a civil registry
In Silverio v. Republic,6 we held that under R.A. No. may be corrected and the true facts established under
9048, jurisdiction over applications for change of first Rule 108 [of the Rules of Court]provided the parties
name is now primarily lodged with administrative aggrieved by the error avail themselves of the
officers. The intent and effect of said law is to exclude appropriate adversary proceeding. x x x
the change of first name from the coverage of Rules
103 (Change of Name) and 108 (Cancellation or xxxx
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 is true in the case at bar that the changes sought to
The remedy and the proceedings regulating change of be made by petitioner are not merely clerical or
first name are primarily administrative in nature, not harmless errors but substantial ones as they would
judicial. In Republic v. Cagandahan,7 we said that affect the status of the marriage between petitioner and
under R.A.No. 9048, the correction of clerical or Carlos Borbon, as well as the legitimacy of their son,
typographical errors can now be made through Charles Christian. Changes of such nature, however,
administrative proceedings and without the need for a are now allowed under Rule 108in accordance with our
judicial order. The law removed from the ambit of Rule ruling in Republic vs. Valenciaprovided that the
108 of the Rules ofCourt the correction of clerical or appropriate procedural requirements are complied
typographical errors. Thus petitioner can avail of this with. x x x (Emphasis supplied.)
administrative remedy for the correction of his and his
mothers first name. We also stress that a petition seeking a substantial
correction of an entry in a civil register must implead as
On the second issue, we also agree with the RTC in parties to the proceedings not only the local civil
ruling that correcting the entry on petitioners birth registrar, as petitioner did in the dismissed petition for
certificate that his parents were married on December correction of entries, but also all persons who have or
23, 1983 in Bicol to "not married" is a substantial claim any interest which would be affected by the
correction requiring adversarial proceedings. Said correction. This is required by Section 3, Rule 108 of
correction is substantial as it will affect his legitimacy the Rules of Court:
and convert him from a legitimate child to an illegitimate
one. In Republic v. Uy,8 we held that corrections of SEC. 3. Parties. - When cancellation or correction of
entries in the civil register including those on an entry in the civil register is sought, the civil registrar
citizenship, legitimacyof paternity or filiation, or and all persons who have or claim any interest which
legitimacy of marriage,involve substantial alterations. would be affected thereby shall be made parties to the
Substantial errors in a civil registry may be corrected proceeding. (Emphasis supplied.)
In Eleosida,11 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,12 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.

Onde Vs Civil Registrar Las Pinas

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ONDE VS CIVIL REGISTRAR LAS PINAS and the true facts established provided the parties

aggrieved by the error avail themselves of the

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