GR No. 123456, July 1, 2023
REPUBLIC OF THE PHILIPPINES, Petitioner, v. JUAN DELA CRUZ, Respondent.

FACTS

Juan Dela Cruz filed a petition for the correction of a clerical error in his birth certificate before the Regional Trial Court (RTC). He sought to change his first name from “Jhun” to “Juan,” claiming it was a misspelling. The RTC granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing that the change sought was not merely clerical but a substantial alteration requiring an adversarial proceeding under Republic Act No. 9048 .

ISSUE

Whether the correction of the first name from “Jhun” to “Juan” is a clerical error correctable under Rule 108 of the Rules of Court, or a substantial change falling under the coverage of Republic Act No. 9048 .

RULING

The correction sought is SUBSTANTIAL and falls under Republic Act No. 9048 .
A clerical error refers to a harmless mistake visible to the eyes or obvious from the records, such as a misspelling that does not change the essential meaning or sound of the entry. The change from “Jhun” to “Juan” alters the very name by which the individual is known; it is not a simple misspelling but a change in the name itself. Substantial corrections, such as those which affect the nationality, status, or name of a person, require an adversarial proceeding under Rule 108 or, for first name or nickname corrections, the administrative process under R.A. No. 9048 as amended by R.A. No. 10172 . The RTC therefore erred in granting the petition under a summary proceeding for clerical errors. The petition should have been filed as an adversarial proceeding or through the appropriate administrative route. The decision of the RTC is REVERSED and SET ASIDE.