[ G.R. No. L-14823, December 28, 1961 ]
IN RE: CORRECTION OF ENTRIES IN THE LOCAL CIVIL REGISTRAR OF QUEZON CITY, ANACLETA BARILLO, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE.
D E C I S I O N
The issue is whether correcting or changing the name Vicenta to Anacleta in the birth certificates of the petitioner's children in the civil registry of Quezon City involves a mere clerical error that may be corrected by a summary proceedings provided for in article 412 of the Civil Code, or whether it is a substantial mistake that should be corrected in an appropriate proceeding other than that provided for in article 412.
The correction would necessarily affect the identity of the father Ngan Hu and the mother Anacleta Barillo, for the reason that the father's name registered)in the birth certificates in question is not Ngan Hu but Tomas Gan. Although it is claimed that Ngan Hu and Tomas Gan refer to one and the same person, yet such fact should be established and determined in an appropriate proceeding. The error sought to be corrected and its implications are substantial that cannot be had by a summary proceedings under article 412 of the Civil Code. Corrections contemplated therein are "harmless and innocuous changes of a. name that is clearly mispelled."
The second prayer of the petition is clearly beyond the power of the Court to grant under the provisions of article 412 of the Civil Code.
The order appealed from is affirmed, with costs against the appellant.Bengzon, C.J., Bautista Angelo, Labrador, Reyes, J.B.L., Barrera, Paredes, Dizon, and De Leon, JJ., concur.
 Ty Kong Tin vs. Republic of the Philippines, 94 Phil., 321; 50 Off. Gaz., 1077.
 Ansaldo vs. Republic of the Philippines, 102 Phil., 1046; 54 Off. Gaz., 5886.