Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Special Proceedings and Writs

I. Clerical Error (RA 9048, as amended by RA 10172)

Differences under Rule 103, Republic Act No. 9048, and Rule 108

RULE 103 RULE 108 RA 9048 RA 10172
Substantial change of name. Cancellation or Correction of Entries in the Civil Registry Clerical Error Act An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth of Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order.
Change of full name Change or corrections in the ff entries in the Civil Registry:
1. Births
2. Marriages
3. Deaths
4. Legal Separation
5. Judgments of Annulments of Marriage
6. Judgments Declaring Void a Marriage
7. Legitimations
8. Adoptions
9. Acknowledgment of Natural Children
10. Naturalization
11. Election
12. Loss or Recovery of Citizenship
13. Civil Interdiction
14. Judicial Determination of Filiation		 Change of first name or nickname, date of birth and change of sex of a person where it is patently clear there was a clerical or typographical error or mistake in the entry. change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry.
WHO MAY FILE
A person desiring to change his name. Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nick name files a verified petition in the form of an affidavit
VENUE
RTC of the province where the petitioner has been residing for 3 years prior to the filing of the petition RTC of the city or province where the corresponding civil registry is located 1. Local civil registry office or Clerk of the Shari’a Court where the record being sought to be corrected or changed is kept;
2. If petitioner has already migrated to another place in the country, petitionreceiving civil registrar of the place where the interested party is presently residing or domiciled; or
3. Citizens of the Philippines who are presently residing or domiciled in foreign countries; nearest Philippine Consulates
WHAT TO FILE
Signed and verified petition. Verified petition for cancellation or correction of any entry. Verified petition in the form of an affidavit (summary procedure) Affidavit, subscribed and sworn to before any person authorized by law to administer oaths.
GROUNDS FOR CHANGE OF NAME
1. When the name is ridiculous, dishonorable or extremely difficult to write or pronounce;
2. When the change results as a legal consequence, as in legitimation;
3. When the change will avoid confusion;
4. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage;
5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and
6. When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest (Republic v. Wong, GR No. 97906, 1992).		 Upon good and valid grounds, the entries in the civil registry may be cancelled and corrected. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;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: orThe change will avoid confusion.
PUBLICATION AND POSTING
At least once a week for three consecutive weeks in a newspaper of general circulation (notice of hearing)No posting At least once a week for three consecutive weeks in a newspaper of general circulation (notice of hearing)No posting At least once a week for two consecutive weeks in a newspaper of general circulation (petition)Duty of the Civil Registrar or Consul to post the petition in a conspicuous place for ten consecutive days
APPEAL
Court of Appeals, under Rule 109 Court of Appeals, under Rule 109 Civil Registrar General (head of NCSO)

Significance of R.A. No. 9048

With the passage of RA 9048, an entry in a civil register may now be changed or corrected when it involves clerical or typographical errors and change of first name, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general (RA 9048, Sec. 1)

Clerical or typographical errors in entries of the civil register are now to be corrected and changed without need of a judicial order and by the city or municipal civil registrar or consul general. (Lee v. Court of Appeals, G.R. No. 118387, 2001)

Updated: Administrative correction of covered civil-register errors is primary but not exclusive, and regular courts retain authority to order corrections (Republic v. Ontuca, G.R. No. 232053, 27 June 2022).

Coverage of R.A. No. 9048

Changes in entries in a civil register under R.A. No. 9048 are limited only to clerical or typographical errors. These are errors that are “harmless and innocuous…which are visible to the eyes or obvious to the understanding and can be corrected or changed only by reference to other existing record or records.” (RA 9048, S2[3])

Authorities

  • Lee v. Court of Appeals, G.R. No. 118387, 11 October 2001
  • R.A. No. 9048
  • R.A. No. 9048, Sec. 2
  • RA 9048, Sec. 1