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Specpro Bar Reviewer - Part IV. Change of Name/Correction of Entries -…

- - - - Scope of Clerical Error Law (Sec. 1) -
        
        Clerical/Typograhical Errors
        
        Change of First Name/Nickname
        
        Day & Month in date of Birth -
        
        Sex
        
        For 3-4, It must be patently clear that there is a typo/mistake in entry
        
        Definition of Terms (Sec. 2)
        
        Clerical Error - mistake committed i n the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records
        
        First Name - a name or a nickname given to a person which may consist of one or more names in addition to the middle and last names
        
        Non-Correctible Errors - No
        correction must involve the change of
        nationality, age, or status of the petitioner
        
        Who May File (Sec. 3) - any person having direct and personal interest in an entry and/or change of first name or nickname
        
        Where Filed (Sec. 3) -
        
        GR - Civil Registry where the record is kept.
        
        XCPNS -
        
        Migrant Filipino -
        
        Non-Resident Filipino Citizens -
        
        Petition may be availed of only once
        
        Grounds for Change of Name (Sec. 4) - In any of the ff cases:
        
        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 ﬁrst name or nickname in the community; or
        
        The change will avoid confusion.
        
        Form/Contents/Requirements (Sec. 5) - Must be in an affidavit, sworn and subscribed to.
        
        Contents -
        
        Facts necessary to establish merits of the petition
        
        Particular erroneous entry to be changed /corrected
        
        Required Attachments -
        
        Certified True Machine Copy - of the certiﬁcate or of the page of the registry book containing the entry sought to be corrected/changed
        
        At-least (2) - documents (public/private) showing the correct entries upon which the change will based
        
        Other Documents - Which the petitioner, or registrar/consul general may consider necessary for approval of the petition
        
        Certification - From law enforcement agency that there is no pending case or criminal record
        
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        Publication Requirement -
        
        GR - Required, once a week for (2) weeks in newspaper of general publication.
        
        XCPN - If clerical or typographical error
        
        Duties of the Civil Registrar/Consul General (Sec. 6)
        
        Examine - the petition and its supporting documents
        
        Post - the petition in a conspicuous place provided for that purpose for (10) consecutive days if it is sufficient in form or substance
        
        Act - On the petition and render a decision not later than 95) working days after completion of the posting/publication requirement
        
        Transmit - a copy of the decision + records to the office of the civil registrar within (5) working days from the date of the decision
        
        Duties and Powers of the Civil Registrar General (Sec. 7) - May, within (10) working days from receipt of the decision granting a petition, impugn it based on the following grounds:
        
        (1) The error is not clerical or typographical;
        
        (2) The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil status of a person; or
        
        (3) The basis used in changing the ﬁrst name or nickname of a person does not fall under Section 4.
        
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    - - Section 1. Who may file petition - Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register.
        
        Who are Entitled to Oppose Sec. 5 -
        
        Oppositors - The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought
        
        Period to Oppose - may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.
        
        Section 2. Entries subject to cancellation or correction - Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected:
        
        (a) births:
        (b) marriage;
        (c) deaths;
        (d) legal separations;
        (e) judgments of annulments of marriage;
        (f) judgments declaring marriages void from the beginning;
        (g) legitimations;
        (h) adoptions;
        (i) acknowledgments of natural children;
        (j) naturalization;
        (k) election, loss or recovery of citizenship;
        (l) civil interdiction;
        (m) judicial determination of filiation;
        (n) voluntary emancipation of a minor; and
        (o) changes of name.
        
        Section 6. Expediting proceedings - The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.
        
        Section 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 annotated the same in his record.
        
        Section 3. Parties - Under Rule 108.3, the following shall be made parties to the proceeding:
        
        Civil Registrar
        
        All persons who have a claim or interest which would be affected by a proceeding concerning the cancellation/correction of an entry.
        
        This means that such parties must be impleaded and, failure to implead + publication cannot cure the lack of summons on the person who was not impleaded.
        
        Exception to Impleading - The following are deemed notified through publication despite failure to implead as party respondents:
        
        One who is inadvertently left out or,
        
        Not established to be known by the petitioner
        
        Actually participated in the proceeding
        
        Procedural Requirements -
        
        Persons under 108.3 must be made parties to the proceeding
        
        Upon the filing of the petition, the court must: (1) Issue an order fixing the time and place for the hearing of the petition; (2) Publish the order for hearing
        
        Persons under 108.3 are also likewise entitled to oppose the petition.
        
        Period to file a Petition - Since there are no specific rules/governing laws applicable, NCC 1149 applies. Must be brought within five years from the time the right of action accrues”
        
        When Accruing - When all the elements of a cause of action are present. Right, Obligation to respect right, act or omission violating the right.
        
        This is determined from the date of the discovery of the error
      - Nature of Proceedings under 108 - Considered a proceeding in rem. This refers to Substantial corrections or cancellations of entries in civil registry records affecting the status or legitimacy of a person.
        
        Thus, no need to acquire jurisdiction over the person of the petitioner. Sufficient that the trial court is vested with jurisdiction over the subject matter.
        
        So long as the publication requirement is complied with, it serves as notice to all indispensable parties and the subsequent decision can bind the entire world.
        
        Scope of the Proceedings - Should be limited to the implementation of NCC 412, which concerns the correction of errors in the civil register.
        
        GR - If under 412 (correction of clerical errors, or a harmless, innocuous nature, not changes involving civil status, nationality or citizenship, which are substantial and or controversial) then summary proceedings.
        
        XCPN - one involving nationality or citizenship, which is indisputably substantial as well as controverted is adversarial i.e, non-summary in nature.
        
        Effect of Correction/Cancellation - the correction of an erroneous entry does not establish one’s status in a legal manner conclusively beyond dispute.
        
        NCC 410, the civil registry and all documents related thereto are only prima facie evidence of the facts stated therein
        
        the correction does not imply a change of status. Instead, consider a mere rectification of error to make the entry reflect the truth.
        
        It follows that A petition for correction of entry cannot be used to either establish or dispute legitimacy.
      - Definition of Adversarial Proceedings (Republic of the Philippines v. Flojo, G.R. No. L-49703, July 31, 1987) - one where all relevant facts have been fully and properly developed, where opposing counsel have been given opportunity to demolish the opposite party's case, and where the evidence has been thoroughly weighed and considered, the suit or proceeding is 'appropriate.
  - - - Construction in Relation to RA 9048 - A correction for entry in the civil registrar may file,
        
        GR - in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.
        
        XCPN - Where petitioner has already migrated to another place or country and not practical to appear in person, petition may be filed with the local civil registrar of the place where the interested party is presently residing or domiciled
        
        XCPN 2 - If Foreign Country, may file in person, with the nearest Consulate.
        
        Is 103 adversarial?
        
        DC - Yes. Notice must be given to the state/civil registrar. Burden of the petitioner here is to show when the change of name may be allowed. There's a burden on the part of the petitioner.
        
        Is change of name a matter of right -
        
        A - No.
        
        Compare with administrative Remedy?
        
        A - RA 9048 which allows as exception from 103/108. Dealing specifically with clerical or typographical errors + changes in first name//nickname + date of birth + Sex of person
        
        Intersection between 103/108 and RA 9048
        
        Distinguish between 103 and 108 -
        
        Rule 103 = substantive changes in name;
        
        Rule 108 = substantive changes in other entries/ correction or cancellation
        
        RA 9048 - Clerrical/Typographical Errors
        
        What is the difference between cancellation and correction?
        
        9048 - Birth Cert/ 108 - Covers enumerations under Sec. 2 but includes marriage certificates, death certificates, etc.,
        
        DC - What is contemplated here are all records in the civil registry
        
        Remedy from 9048 -
        
        appeal the decision to the civil registrar general or
        
        file the appropriate petition with the proper court.
      - By Whom Filed - Rule 103.1 uses the generic term “persons” to signify all natural persons regardless of status. Thus, no limitation as to who may file, so long as natural person and verified, signed by the petitioner or agent.
        
        The petitioner is still person seeking the change of name, but may be filed by some other person on his behalf
        
        Nature of Change of Name - A matter of judicial discretion and is not a matter of right.
        
        Change of Name by Aliens - A change of name by aliens not domiciled in the Philippines should not be allowed. The change would not benefit them as they will stay for only a short period of time.
        
        The salutary effects resulting from the change of his social relation and condition may not be achieved
        
        Change of name by Marriage -
        
        GR - In case of annulment or divorce, continued use of husband's surname depends on who is the guilty party.
        
        Wife is Guilty - Shall resume maiden name and surname
        
        Innocent Party - May either resume or continue husband's surname unless:
        
        Court decrees otherwise
        
        Former husband remarries
        
        XCPN - In cases of legal separation, the wife shall continue using her name and surname employed before the legal separation.
      - Section 2. Contents of petition. - Shall be signed and verified by petition/agent and shall set forth:
        
        (a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing;
        
        (b) The cause for which the change of the petitioner's name is sought;
        
        (c) The name asked for.
        
        Verification Requirement - The verification requirement of a pleading is formal requisite, not a jurisdictional requisite. Intended to secure that the allegations in the pleading are true and correct and, that it is filed in good faith.
        
        Effect of Non-Compliance with Verification - Court may either:
        
        Order the correction of the pleadings, if the verification is lacking or;
        
        Act on the pleading although it is not verified
        
        If the attending circumstances are such that strict compliance may be dispensed with so that the end of justice or law may be served.
        
        Section 3. Order for hearing - If the petition filed is sufficient in form and substance,
        
        Fixing of Date - the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing
        
        Publication - and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best.
        
        Date of Hearing - The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.
        
        Section 4. Hearing. - Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.
        
        Compliance with Jurisdictional Requirements -
        
        Publication - For publication to be valid and effective, the published order should reproduce the title of the petition.
        
        3 successive weeks, in newspaper of general circulation.
        
        Title & Body of the Petition - Should include the following:
        
        The applicant’s real name
        
        His aliases or other names, if any
        
        The name sought to be adopted even if these data are found in the body of the petition
        
        Cause for which the change of his name is sought
        
        Effect of Non-Compliance - Failure to comply with the jurisdictional requirements, renders the proceedings a nullity.
        
        Caption of the Petition - All names/aliases of the petitioner must appear in the title/caption of the petition. The reader usually merely glances at the title of the petition and may only proceed to read the entire petition if the title is of interest to him.
        
        Non-Compliance - Fatal to the petition
        
        Proper/reasonable Reason - The State has an interest in the names borne by individuals and entities for the purpose of identification. Thus, there must be a proper reason to grant the petition.
        
        Prejudice - petition must show that he will be prejudiced by the use of his true and official name.
        
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        Section 5. Judgment - the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.
        
        Section 6. Service of judgment - Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.
        
        Change of Name on the Basis of Gender - in RP v. Cagandahan, the court granted the change of name and change of sex under Rules 103 and 108.
        
        Determining factor in his gender classification would be the decision of the individual upon reaching the age of majority.
        
        Change of Name of Minors -
        
        GR - The general rule is that a change of name should not be permitted if it will give a false impression of family relationship to another where none actually exists.
        
        XCPN - where to do so is clearly for the best interest of the child.
        
        Purpose of Publication - To apprise the public of the pendency of the petition so that those who may know of any legal objection to it might come forward with the information.
        
        Effect of Discrepancy in the Petition and the Published Order - Renders the petition void, court does not acquire jurisdiction.
        
        This applies even in mistakes such as mistake in spelling or, failure to include the name sought to be adopted in the title of the petition or caption of the notice.
    - - Characteristics of a Name -
        
        It is absolute, intended to protect the individual from being confused with others
        
        It is obligatory in certain respects, for nobody can be without a name.
        
        It is fixed, unchangeable, or immutable, at least at the start, and may be changed only for good cause and by judicial proceedings
        
        It is outside the commerce of man, and therefore, inalienable and intransmissible by act inter vivos or mortis cause
        
        It is imprescriptible
        
        Effect of Adoption - The adopted child has the right to use the surname of the adopter. However, it is also an obligation under the law.
      - Definition of Name - Refers to the name of a person given in the civil register, not any other given name.
    - - Nature of Proceeding Under 103 -
        
        Involves substantial changes and objectives such as prevention of fraud.
        
        Considered a proceeding in Rem
        
        Thus need for strict compliance with all jurisdictional requirements such as publication.
        
        Substantial - This is distinguished from Rule 108, which involves correction of clerical errors such as mistakes in copying or writing.
        
        CB: What will be the distinction between Rule 103 and RA 9048?
        
        Rule 103 covers substantial changes, while
        
        RA 9048/Rule 412 covers changes in ﬁrst name, nicknames, and clerical / typographical errors in either part of the name.
        
        Rule 103 = substantive changes in name;
        
        Rule 108 = substantive changes in other entries/ correction or cancellation
        
        Requirement of Exhaustion of Administrative Petition - Silverio v. Republic, the Court ruled that the intent of RA 9048 was to exclude the change of first name from the coverage of ROC 103 and 108 until and unless an administrative petition is first filed and then denied.
        
        XCPN - Where Administrative proceedings are inapplicable, petition may be made directly.
        
        How do you determine if it’s substantive or clerical? If it modiﬁes substantive rights
        
        Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records:
        
        Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner.