Case Summary (G.R. No. 233068)
Antecedents
In 2016, Merly Maligaya filed a petition for correction of entries in her birth certificate before the Regional Trial Court (RTC) under Rule 108, seeking to change her first name from "Merle" to "Merly" and her date of birth from February 15, 1959, to November 26, 1958. To substantiate her claims, Merly presented various documents including her SSS Member's Data Form, voter registration records, and identification cards. The RTC found the petition sufficient in form and substance and ordered its publication in a local newspaper. Subsequently, the RTC granted the petition, enabling the corrections to reflect Merly's accurate personal details.
Office of the Solicitor General’s Position
The Office of the Solicitor General (OSG) filed a motion for reconsideration after the RTC's decision, arguing that the RTC lacked jurisdiction to correct the first name through judicial proceedings, claiming it was a clerical error that should be handled administratively per Republic Act (RA) No. 9048. Regarding the date of birth, the OSG contended that Merly had failed to implead all persons with interest in the proceedings as required by Section 3 of Rule 108.
Merly's Position
Merly countered that the corrections sought were appropriate under Rule 108, asserting that a separate petition for her date of birth would lead to unnecessary delays. She argued further that the need to comply precisely with the procedural requirements of Rule 108 should not apply as the corrections were clerical and the publication had addressed any deficiencies regarding notices to interested parties.
Ruling Overview
The Supreme Court found Merly's petition partly meritorious. It affirmed the RTC's decision regarding the correction of her first name as a clerical error under Rule 108 but set aside the correction of her date of birth, which was deemed a substantial error. The Court elaborated on the distinction between clerical and substantial errors, stressing that Rule 108 applies to the correction of clerical mistakes, while any change to a date of birth implicates a substantive alteration affecting legal status.
Jurisdiction and Procedural Requirements
The Court emphasized that while clerical errors can be corrected by local civil registrars under RA No. 9048, the RTC retains jurisdiction for substantial corrections or alterations, necessitating adherence to procedural requirements such as impleading all interested parties. The Court noted that Merly did not comply with these requirements, particularly by failing to implead her parents and other potentially affected parties.
Implications on Future Cases
The Supreme Court underscored that while Merly's fi
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Case Background and Petition Details
- Merly Maligaya filed a petition for correction of entries in her birth certificate under Rule 108 of the Rules of Court before the Regional Trial Court (RTC) in 2016.
- The petition sought to change her first name from "Merle" to "Merly," and her date of birth from February 15, 1959, to November 26, 1958.
- Merly supported her petition with documentary evidence, including her SSS Member's Data E-4 Form, Voter's Registration Record and Certification, Voter's ID, Police Clearance, and NBI Clearance.
- The RTC found the petition sufficient, ordered publication in a newspaper for three consecutive weeks, then held a trial.
- On December 14, 2016, the RTC granted the petition, ordering correction of the first name and date of birth in the Local Civil Registry of Magallanes, Cavite.
- The Office of the Solicitor General (OSG) moved for reconsideration but the RTC denied it; hence, the OSG filed the present petition for review.
Issues Raised by the Office of the Solicitor General
- The RTC allegedly lacked jurisdiction to correct the first name because the error was clerical and should have been corrected administratively under Republic Act (RA) No. 9048, as amended by RA No. 10172.
- Regarding the date of birth, while the Rule 108 petition was proper, Merly failed to implead all persons with claims or interests, violating Section 3, Rule 108.
Respondent’s Arguments
- The correction of first name and date of birth under Rule 108 was appropriate to avoid circuitous proceedings and unjustified delays.
- The correction of first name and date of birth is a clerical error not requiring strict adherence to Rule 108 procedures.
- Publication of the petition cured the failure to implead indispensable parties.
Legal Framework on Correction of Birth Certificate Entries
- Rule 108 governs correction of entries in the civil register; proceedings may be summary or adversary depending on whether the error is clerical or substantial.
- The petition must be filed with the RTC which orders publication and hearing, then grants or dismisses the petition.
- RA No. 9048 (amended by RA No. 10172) authorizes local civil registrars to correct clerical or typographical errors and change first names or nicknames without judicial order.
- RA No. 10172 further authorizes correction of day and month in date of birth and sex, if errors are patently clerical.
Classification and Definitions of Clerical and Substantial Errors
- Substantial errors involve changes that affect civil status, citizenship, age, or other essential personal status affecting legal rights.
- Clerical or typographical errors are harmless, innocuous mistakes in spelling or typographical entry evident on the face of records and correcta