GR 20392; (November, 1923) (Digest)

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 that “Jhun” was a misspelling and that he had always been known as “Juan.” The RTC granted the petition. The Republic of the Philippines, 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, as amended by Republic Act No. 10172.

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 requiring the procedure under Republic Act No. 9048.

RULING

The correction sought is SUBSTANTIAL and must comply with Republic Act No. 9048, as amended.

A clerical error is one that is visible to the eyes or obvious to the understanding, such as a mistake in copying or writing. A change from “Jhun” to “Juan” involves the alteration of letters that changes the phonetic sound and common perception of the name; it is not a simple misspelling but a modification of the given name itself. Republic Act No. 9048, as amended, vests exclusive jurisdiction upon the city or municipal civil registrar or the consul general to correct clerical or typographical errors in entries. Substantial changes, such as those which affect the nationality, age, status, or sex of the petitioner, or in this case, the essential character of the first name, require a judicial order under Rule 108. However, for first name changes based on grounds such as the petitioner has been continuously used and been known since childhood by a different first name, the law (R.A. 9048) now provides the administrative remedy. The RTC therefore erred in treating the petition as a correction of a clerical error under its general jurisdiction. The proper remedy for respondent is to file a petition under the provisions of Republic Act No. 9048, as amended. The decision of the RTC is REVERSED and SET ASIDE.