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), seeking to change his first name from “Jhun” to “Juan,” his true and official name used since childhood. The RTC granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing that the change sought was a substantial alteration requiring a special proceeding for change of name under Rule 103, not a mere correction under Rule 108.

ISSUE

Whether the correction of the first name from “Jhun” to “Juan” is a mere clerical error correctible under Rule 108 of the Rules of Court, or a substantial change requiring a separate petition for change of name under Rule 103.

RULING

The correction is NOT a mere clerical error and requires a petition for change of name under Rule 103.

A clerical error refers to a harmless mistake visible to the eyes or obvious to the understanding, committed by a person engaged in writing or transcribing. It involves no judicial discretion and is correctible by reference to the original data. Here, the change from “Jhun” to “Juan” involves the modification of the very substance of the registered first name. “Jhun” is a recognized nickname or diminutive of “Juan,” but they are distinct names. The alteration seeks to replace one first name with another, which affects identity and is not a simple correction of a misspelling or a typographical error. Such a change is substantial, as it requires judicial approval to establish proper and reasonable cause, ensure due process, and protect the integrity of public records. Therefore, the proper remedy is a petition for change of name under Rule 103, where the court can ascertain the validity of the grounds, such as the longstanding use of “Juan” to the point of obscuring the registered name “Jhun.” The RTC’s order under Rule 108 was set aside.