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

FACTS

Juan Dela Cruz filed a petition for the correction of clerical errors in his birth certificate before the Regional Trial Court (RTC). He sought to change his first name from “Juanito” to “Juan” and his citizenship from “Chinese” to “Filipino,” claiming these were typographical mistakes. The RTC granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing that the changes were substantial and not merely clerical, thus requiring an adversarial proceeding under Rule 108 of the Rules of Court.

ISSUE

Whether the corrections sought by respondent are merely clerical errors correctible under Rule 108 (Cancellation or Correction of Entries in the Civil Registry) or substantial alterations that require an adversarial proceeding under Rule 108 of the Rules of Court.

RULING

The corrections sought are SUBSTANTIAL and require an adversarial proceeding under Rule 108.

A clerical error is one that is visible to the eyes or obvious to the understanding, a mistake made by a clerk or transcriber. A change in first name and nationality goes beyond mere clerical errors. A first name defines one’s identity, while nationality is a crucial legal status affecting rights and obligations. Such alterations are substantial as they affect the citizenship and identity of the person. The trial court erred in granting the petition under a summary proceeding. Substantial corrections, such as those pertaining to citizenship, filiation, or legitimacy, must be threshed out in an adversarial proceeding where all interested parties are notified and the Solicitor General is represented, to prevent fraud and ensure the validity of the entries. The case is REMANDED to the RTC for proceedings under Rule 108.