G.R. No. L-58087, December 27, 1982
IN RE: PETITION FOR CORRECTION OF ENTRY IN CERTIFICATE OF BIRTH, DANILO IBARRA SISON and JOSEPHINE IBARRA SISON, petitioners, vs. REPUBLIC OF THE PHILIPPINES, HON. BUENAVENTURA J. GUERRERO, Judge, Court of First Instance of Rizal, respondents.

FACTS

Petitioners Danilo and Josephine, minors assisted by their grandmother, filed an Amended Petition with the Court of First Instance of Rizal to correct their surnames from “de la Cruz” to “Sison” in their birth certificates. Their father, Antonio, was the legitimate child of Gertrudes Reyes and her first husband, Aurelio Sison. In 1962, Antonio, then 27, used the surname “de la Cruz”—the surname of his mother’s second husband—when he eloped and married Gloria Ibarra. This same surname was recorded in the marriage contract and in the birth certificates of petitioners Danilo (born 1962) and Josephine (born 1964).
However, in their baptismal and school records, petitioners have consistently used the surname “Sison”. The discrepancy was discovered when processing travel documents to join their mother abroad. The State opposed the petition, arguing the change was substantial, not a mere clerical error, thus falling outside the summary correction procedure under Article 412 of the Civil Code and Rule 108.

ISSUE

Whether a petition for correction of entries under Rule 108 is the proper remedy to change petitioners’ surname from “de la Cruz” to “Sison”.

RULING

No. The Supreme Court affirmed the dismissal of the petition. The legal logic is that a change of surname, when it involves a legitimate child’s claim to their true paternal name, constitutes a substantial or controversial alteration. Rule 108 governs summary proceedings for the correction of clerical errors, such as misspellings, which do not affect civil status or nationality. In contrast, a change impinging on filiation and legitimacy is substantive.
The Court clarified that the proper remedy is a petition for change of name under Rule 103. This rule provides an adversarial proceeding suitable for adjudicating claims that may prejudice the rights of third parties, such as other heirs, and involves public interest in the accuracy of civil registry records regarding identity and filiation. The fact that petitioners have used “Sison” in baptismal and school records does not alter their legal name as registered. Therefore, the trial court correctly denied the petition under Rule 108, directing petitioners to seek relief under the appropriate substantive proceeding.