This case has been cited 4 times or more.
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2009-12-04 |
CARPIO MORALES, J. |
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| Rule 108 of the Rules of Court vis a vis Article 412 of the Civil Code[15] charts the procedure by which an entry in the civil registry may be cancelled or corrected. The proceeding contemplated therein may generally be used only to correct clerical, spelling, typographical and other innocuous errors in the civil registry. A clerical error is one which is visible to the eyes or obvious to the understanding; an error made by a clerk or a transcriber; a mistake in copying or writing, or a harmless change such as a correction of name that is clearly misspelled or of a misstatement of the occupation of the parent. Substantial or contentious alterations may be allowed only in adversarial proceedings, in which all interested parties are impleaded and due process is properly observed.[16] | |||||
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2008-09-12 |
QUISUMBING, J. |
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| SEC. 7. Order. - After hearing, the court may either dismiss the petition 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. The OSG argues that the petition below is fatally defective for non-compliance with Rules 103 and 108 of the Rules of Court because respondent's petition did not implead the local civil registrar. Section 3, Rule 108 provides that the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceedings. Likewise, the local civil registrar is required to be made a party in a proceeding for the correction of name in the civil registry. He is an indispensable party without whom no final determination of the case can be had.[12] Unless all possible indispensable parties were duly notified of the proceedings, the same shall be considered as falling much too short of the requirements of the rules.[13] The corresponding petition should also implead as respondents the civil registrar and all other persons who may have or may claim to have any interest that would be affected thereby.[14] Respondent, however, invokes Section 6,[15] Rule 1 of the Rules of Court which states that courts shall construe the Rules liberally to promote their objectives of securing to the parties a just, speedy and inexpensive disposition of the matters brought before it. We agree that there is substantial compliance with Rule 108 when respondent furnished a copy of the petition to the local civil registrar. | |||||
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2007-10-19 |
TINGA, J. |
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| At first glance, the seeming effect of the amendment is to remove from the ambit of Rule 108 the correction of clerical or typographical errors or change of entries in the civil register and to make Rule 108 apply only to substantial changes and corrections to entries in the civil register. Hence, we clarified in Republic v. Benemerito[19] that the obvious effect of R.A. No. 9048 is merely to make possible the administrative correction of clerical or typographical errors in entries and the administrative change of first name or nickname in the civil register, leaving to Rule 108 the correction of substantial changes in the civil registry in appropriate adversarial proceedings. Hence, the question that now arises is whether trial courts still have jurisdiction over petitions for correction of clerical errors and change of first name and nickname in the civil registry. Assuming that the trial courts retain such authority, the corollary question is whether the summary procedure prescribed in R.A. No. 9048 should be adopted in cases filed before the courts, or should the adversarial proceeding under Rule 108 be followed. | |||||
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2007-06-29 |
CARPIO MORALES, J. |
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| Thus, this Court in Republic v. Benemerito[17] observed that the obvious effect of Republic Act No. 9048 is to make possible the administrative correction of clerical or typographical errors or change of first name or nickname in entries in the civil register, leaving to Rule 108 the correction of substantial changes in the civil registry in appropriate adversarial proceedings. | |||||