GR L 20752; (November, 1967) (Digest)
G.R. No. L-20752 November 25, 1967
SINCIO C. YU, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Petitioner-appellant Sincio C. Yu filed a petition in the Court of First Instance of Manila to correct the entry of his name in the Local Civil Registry of Manila from “Sincio C. Yee” to “Sencio Yu.” He alleged that he was born on May 16, 1937, in Manila to Chinese parents Yu Cho Koo and Tiu Oh Yek, and was registered with the Bureau of Immigration as Sincio C. Yu. However, his birth was recorded in the local civil registry under Registry No. 1543 (e37) as “Sincio Yee” due to a mistake by the Chinese midwife who assisted in his delivery, who wrote “Sincio” instead of “Sencio” and spelled the surname as “Yee” instead of “Yu.” The petition was supported by a certified copy of his birth certificate and affidavits from his father and the midwife. The Republic of the Philippines opposed, arguing the correction was substantial and not a clerical error under Article 412 of the Civil Code. During the hearing, the Solicitor General withdrew opposition to changing the surname from “Yee” to “Yu,” as the original birth record showed the father’s surname was “Yu.” The lower court denied the petition, holding that changing “Sincio” to “Sencio” was substantial and amounted to a change of name requiring a separate petition.
ISSUE
Whether the change of the petitioner’s first name from “Sincio” to “Sencio” involves a mere clerical error correctible under Article 412 of the Civil Code, or a substantial change requiring a separate petition for change of name.
RULING
The Supreme Court reversed the lower court’s decision and granted the petition. It held that changing “Sincio” to “Sencio” merely involves substituting the vowel “i” with “e” in the first name, which constitutes the correction of a clerical error. A clerical error is defined as one made in copying or writing, and a misspelled word is considered a clerical error. The Court cited previous rulings (Ansaldo vs. Republic and Barillo vs. Republic) that corrections under Article 412 are limited to harmless and innocuous changes, such as correcting a clearly misspelled name. Therefore, the correction sought falls within the scope of Article 412. The petitioner is authorized to use the name “Sencio Yu,” and the local civil registry is ordered to correct the entry accordingly.