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 clerical errors in his birth certificate, specifically to change his first name from “Jon” to “Juan” and his citizenship from “American” to “Filipino.” He claimed these were typographical mistakes made during registration. The Regional Trial Court granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing that the changes were substantial and not merely clerical, requiring an adversarial proceeding.

ISSUE

Whether a petition for correction of entries under Rule 108 of the Rules of Court is the proper remedy to change one’s first name and nationality on the ground that they were clerical errors.

RULING

No. The petition should be denied. Changes involving first name and nationality are substantial corrections that affect the citizen’s status and identity. Under the rule in *Republic v. Valencia*, substantial corrections require an adversarial proceeding under Rule 108 where the State and potentially affected parties must be notified. Clerical errors refer to harmless mistakes such as misspellings or obvious typographical errors visible on the face of the record. Alterations to one’s given name and citizenship are not clerical; they go into the very substance of what is recorded. The proper remedy for changing one’s first name is a special proceeding under Republic Act No. 9048, as amended by R.A. 10172, and for citizenship, a judicial proceeding where the Solicitor General is represented. The trial court’s order was set aside.