I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
RA 9048 provides for the correction of clerical errors. If the errors are of a substantial nature then Rule 108 of the Rules of Court, which is the subject of this post, applies (Matias vs. Republic, L-26982, May 8, 1969.) Under Art. 412 of the Civil Code entries in the Civil Register require a court order except if they fall under RA 9048. Rule 108 is Art 412's procedural form.
Any person interested in an act, decree, order or event concerning the status of persons recorded in the Civil Register can file a petition for cancellation or correction of the entry in question. This includes a change of sex (Republic vs. Cagandahan, 565 SCRA 72) but only natural changes in sex, such as in people with Congenital Adrenal Hyperplasia (CAH) can apply. Artificial sex changes won't be covered by this rule. Erroneous entries, however, about the sex of a child (ex. a girl was born, but "male" was indicated in her birth certificate) require correction under this rule The petition has to be filed in the RTC of the city or province where the corresponding office of the civil registry is located.
The following entries are subject to correction or cancellation:
1.) Births
2.) Deaths
3.) Marriages
4.) Legal Separations
5.) Judgments of annulment of marriage
6.) Judgments declaring marriages void ab initio/from the beginning
7.) Legitimations
8.) Adoptions
9.) Acknowledgment of natural children
10.) Naturalization
11.) Election, loss or recovery of citizenship
12.) Civil interdiction
13.) Judicial determination of filiation
14.) Voluntary emancipation of minors
15.) Change of name (although there is another rule, Rule 103)
The proceedings under Rule 108 are summary or adversarial in nature, depending on the case concerned. Correction of clerical errors is summary; correction is adversarial if it affects a party's civil status, citizenship or nationality. The exception to summary proceedings is when a verified petition for change of name is subjected to a full-blown trial with all the necessary parties notified, publication made and evidence presented (Repbulic vs. Macli-ing, GR 57211, March 18, 1985.)
In the filing of any case coming under Rule 108 the Civil Registrar is to be impleaded as a party, along with other persons who are interested or will be affected by the correction.
In the filing of the petition, the plaintiff must attach the document(s) in question to the petition, as well as instruments to support the cancellation or correction such as the following: affidavit of 2 disinterested persons, court decisions, employment/school records, medical reports, etc. This set isn't exclusive.
When the petition is filed, the parties will be notified of the time, place and date of hearing. There will also be a publication of the notice in a newspaper of general circulation in the province where the case is filed for 3 consecutive weeks.
The civil registrar or other interested parties may file an opposition within 15 days from notice or from the last date of publication of the notice. During the hearing, the court can issue a preliminary injunction to preserve the parties' rights while the proceedings are pending. After the hearing, the court will either dismiss or grant the petition for cancellation based on the findings. Whether the case is dismissed or granted, a certified copy of the judgment will be sent to the Civil Registrar to be annotated in the records.
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