Case Digest (G.R. No. 213346)
Facts:
In Republic of the Philippines v. Miller Omandam Unabia (G.R. No. 213346, February 11, 2019), respondent Miller Omandam Unabia filed Special Proceeding No. 2009-018 before the RTC of Cagayan de Oro City, Branch 17, on February 11, 2009, seeking judicial correction of his birth certificate. He alleged that his name was erroneously recorded as “Mellie Umandam Unabia,” his sex as “female,” and his father’s middle initial as “U” instead of “O.” In support, Unabia attached his medical certificate, police and NBI clearances, voter’s ID, transcript of records, baptismal certificate, and his parents’ birth certificates. On November 23, 2009, the RTC granted the petition, ordering the Local Civil Registrar of Claveria, Misamis Oriental to correct his name to “Miller,” his sex to male, and all middle initials from “U” to “O.” The Republic appealed to the Court of Appeals, contending (a) failure to state a valid ground for correction, (b) lack of administrative exhaustion under R.A. 9048 aCase Digest (G.R. No. 213346)
Facts:
- Petition and Subject of the Proceeding
- On February 11, 2009, Miller Omandam Unabia (“respondent”) filed Special Proceeding No. 2009-018 in the RTC of Cagayan de Oro City, Branch 17, praying for correction of entries in his birth certificate.
- Respondent alleged that his certificate misstated:
- His given name as “Mellie” instead of “Miller.”
- His sex as “Female” instead of “Male.”
- His father’s middle initial as “U” instead of “O.”
- Evidence Presented
- Documentary Evidence attached to the petition:
- Medical Certificate (from Northern Mindanao Medical Center, stating respondent is “phenotypically male”).
- Police Clearance; NBI Clearance; Voter’s ID.
- Baptismal Certificate; Transcript of Records.
- Birth certificates of respondent’s mother and father.
- Trial Court Proceedings
- Respondent testified as lone witness regarding his birth, name usage, and long-standing male identity.
- No expert (physician) was called to identify the medical certificate.
- RTC Decision (November 23, 2009)
- The RTC found the entries to be clerical errors, noting respondent’s lifelong use of “Miller” and evidence of male identity.
- The RTC ordered the Local Civil Registrar of Claveria, Misamis Oriental to correct:
- Name from “Mellie” to “MILLER.”
- Middle initial of respondent and father from “U” to “O.”
- Sex from “Female” to “MALE.”
- CA Decision (June 27, 2014)
- The Court of Appeals affirmed the RTC, applying RA 10172 (amending RA 9048) which allows administrative correction of clerical or typographical errors in sex and date of birth entries.
- It held that respondent furnished all required documents, and that similarities between “Mellie”/“Miller” and “Umandam”/“Omandam” were clerical errors.
- Petition for Review on Certiorari
- The Republic of the Philippines (“petitioner”) sought relief before the Supreme Court, arguing misapplication of RA 9048 (as amended), non-compliance with its requirements, and asserting that the change of “Mellie” to “Miller” is substantive, not clerical.
Issues:
- Whether the CA erred in affirming the RTC’s grant of respondent’s petition for correction of entries in his birth certificate.
- Subsidiary issues raised by petitioner:
- Applicability of RA 9048 (as amended by RA 10172) to judicial correction under Rule 108, Rules of Court.
- Compliance with RA 10172 requirements, namely:
- Presentation of physician who issued the medical certificate and certification of no sex-change surgery.
- Sufficiency of proof of respondent’s maleness.
- Whether the change from “Mellie” to “Miller” constitutes a clerical error.
- Alleged failure to state known aliases.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)