This case has been cited 1 times or more.
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2001-10-11 |
DE LEON, JR., J. |
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| The petitioners assert, however, that making the proceedings adversarial does not give trial courts the license to go beyond the ambit of Rule 108 which is limited to those corrections contemplated by Article 412 of the New Civil Code or mere clerical errors of a harmless or innocuous nature.[24] The petitioners point to the case of Labayo-Rowe vs. Republic,[25] which is of a later date than Republic vs. Valencia,[26] where this Court reverted to the doctrine laid down in earlier cases,[27] starting with Ty Kong Tin vs. Republic,[28] prohibiting the extension of the application of Rule 108 beyond innocuous or harmless changes or corrections. Petitioners contend that as held in Go, et al. vs. Civil Registrar,[29] allowing substantial changes under Rule 108 would render the said rule unconstitutional as the same would have the effect of increasing or modifying substantive rights. | |||||