G.R. No. L-14914; September 30, 1960
John Tan Chin Eng alias Tan Chin Eng, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.

FACTS

On July 3, 1950, petitioner John Tan Chin Eng filed a petition for the reconstitution of his certificate of naturalization, which he alleged was granted in 1932 but whose records were lost during the war. He attached a copy of the certificate issued to “Tan Chin Eng.” On July 10, 1950, the Court of First Instance of Manila issued an order declaring “the certificate of naturalization of petitioner Jose Tan Chin Eng” reconstituted. Over eight years later, on November 6, 1958, petitioner filed a motion to correct the name “Jose” in the 1950 order to “John,” claiming it was a clerical error and that he has always been known as “John Tan Chin Eng.” The lower court granted the motion on November 29, 1958, prompting the Government’s appeal.

ISSUE

Whether the lower court erred in issuing the order of November 29, 1958, which amended the final order of July 10, 1950, by changing the name “Jose” to “John.”

RULING

Yes, the lower court erred. The Supreme Court reversed the order of November 29, 1958, and dismissed the case. The Court held:
1. The certificate of naturalization presented was issued to “Tan Chin Eng,” and the docket book entry referred to “Tan Chin Eng,” not “John Tan Chin Eng.” Thus, the order appealed from effectively amended the certificate to issue it to a different person (“John Tan Chin Eng”) rather than reconstituting the original.
2. The certificate of Tan Chin Eng is presumed duly registered in the Civil Registry, and the amendment would affect that record.
3. The order of July 10, 1950, had become final and executory over eight years prior. Any error in naming the party was substantial, not clerical, and should have been corrected via reconsideration or appeal at the time. It was too late to amend it after such a prolonged period.