Title
Republic vs. Mercadera
Case
G.R. No. 186027
Decision Date
Dec 8, 2010
Mercadera sought to correct her name from "Marilyn" to "Merlyn" in her birth certificate. SC ruled it a clerical error under Rule 108, affirming CA and RTC decisions.
correction of entries
certificate of live birth
misspelled name
A

Case Summary (G.R. No. 89684)

Factual Background

Mercadera sought judicial correction of her given name as it appeared in her Certificate of Live Birth from "Marilyn L. Mercadera" to "Merlyn L. Mercadera." She alleged that her name had been registered erroneously as "Marilyn" and that she had been known and had used the name "Merlyn" since childhood, as shown in baptismal, scholastic, and government membership documents. Mercadera attempted to invoke the administrative remedy under R.A. No. 9048 but the Local Civil Registrar of Dipolog City declined to effect the change on the ground that the registrar lacked a permanent appointment; consequently, she filed a petition under Rule 108 to correct entries in the civil register.

Trial Court Proceedings

The RTC found the petition sufficient in form and substance, ordered publication and posting of notices, and set hearings. The Office of the Solicitor General entered appearance for the Republic and deputized the City Prosecutor but only on the day of the first hearing, prompting a reset. At the resumed hearing the OSG did not oppose the movant’s request for leave to present evidence ex parte, and the trial court received documentary proof and testimony by Oga. On September 28, 2005 the RTC granted the petition and directed the City Civil Registrar of Dipolog to correct the given name in the certificate of live birth from "Marilyn Lacquiao Mercadera" to "MERLYN Lacquiao Mercadera," the court finding the documentary evidence persuasive and concluding that the discrepancy was a clerical error susceptible of correction.

Court of Appeals Decision

The OSG appealed to the CA, contending that the RTC had incorrectly entertained a change of name under Rule 108 rather than under Rule 103, and that the RTC improperly admitted photocopies and hearsay testimony. The CA affirmed the RTC in a December 9, 2008 decision. The CA held that the petition sought a correction of an entry and not a change of name within the meaning of Article 376 and Rule 103, and it relied on the distinction between "to correct" and "to change" to conclude that the RTC properly granted relief under Rule 108. The CA further applied the well-settled rule that evidence not objected to may be considered, and it found no reversible error in the admission and weighing of the evidence.

Issues on Review

The petition to the Supreme Court presented principally two issues: whether the correction of the registered name from "Marilyn" to "Merlyn" constituted a substantive change of name that must proceed under Rule 103, and whether the trial court erred in relying on secondary documentary evidence and testimony that the OSG had not timely opposed.

Parties' Contentions

The OSG argued that the alteration was a material correction tantamount to a change of name that could affect substantive rights and therefore could not be granted under Rule 108; the OSG further complained about the admission of photocopies and nonparty testimony. The respondent maintained that the petition sought to remove a clerical or typographical error in the civil registry and that R.A. No. 9048 had been invoked administratively but was unavailable due to the local registrar’s lack of a permanent appointment, thereby justifying judicial correction under Rule 108. The Public Attorney’s Office filed a comment in support of respondent.

Supreme Court Ruling

The Supreme Court affirmed the Court of Appeals. The Court held that the petition properly fell within Rule 108 because the relief sought was to "correct" an erroneous entry and not to effect a "change" of name under Rule 103. The Court found that the documentary exhibits and testimony demonstrated continuous use of the name "Merlyn" and established that the registered entry was a misspelling susceptible of correction. The Court also found no reversible error in the admission and consideration of the evidence, noting that the OSG did not object at trial and that publication and notice requirements were complied with, thereby satisfying the adversarial safeguards appropriate to the proceeding.

Legal Basis and Reasoning

The Court anchored its decision on the textual and functional distinction between Article 376 and Article 412 of the Civil Code and between Rule 103 and Rule 108. It explained that a petition under Rule 103 for change of name involves a request to adopt a new designation and requires adversarial proceedings, statutory grounds and publication to protect third-party interests, whereas Rule 108 implements Article 412 to correct or cancel entries in the civil register, including clerical, spelling, typographical and other innocuous errors. The Court recognized that Rule 108 may address substantial registry errors when appropriate adversarial procedures are observed, and it relied on prior decisions such as Hubert Tan Co. v. The Civil Register of Manila and Republic v. Valencia to show that Rule 108 may correct substantial registry entries provided that adequate notice and opportunity to be heard are afforded. Applying those principles, the Court concluded that substituting the letters and removing an erroneous vowel in "Marilyn" to read "Merlyn" constituted a rectification of a misspelling rather than a substantive change of identity, and that the statutory and pro

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