Case Summary (G.R. No. L-39211)
Factual and Procedural Background
Mercadera was born on August 19, 1970, in Dipolog City. Her birth was registered with the given name "Marilyn," but she has been consistently known and identified in private and public documents as "Merlyn," including baptismal certificates and educational diplomas. After discovering the discrepancy, she sought correction administratively pursuant to R.A. No. 9048, which permits changes of first names or nicknames without judicial order, but the City Civil Registrar refused to act due to the absence of a permanent appointment. Consequently, Mercadera filed a judicial petition for correction of entries under Rule 108 before the Regional Trial Court (RTC).
Key Legal Issues
The primary legal issue is the distinction between a "change of name" under Rule 103 of the Rules of Court and a "correction of entries" under Rule 108. The OSG argued that Mercadera’s petition constituted a change of name, which requires compliance with strict procedural safeguards including adversarial proceedings and public notice under Rule 103. They contended that the alteration from "Marilyn" to "Merlyn" is substantive and not a mere clerical error, thus falling outside the ambit of Rule 108.
Legal Framework: Rule 103 vs. Rule 108
Rule 103 governs judicial petitions for the change of given name or surname, regulating fundamental alterations affecting a person’s identity within the community. Such petitions require proof of proper grounds, publication of the petition, and adversarial hearings to prevent fraud and protect the interests of third parties. Changes under Rule 103 do not affect legal capacity or civil status but entail changing the designation by which a person is known publicly.
Rule 108, in contrast, provides for the correction or cancellation of errors in civil registry entries pursuant to Article 412 of the Civil Code. Traditionally, it was limited to clerical or typographical errors deemed innocuous. However, jurisprudence has acknowledged that Rule 108 may also address substantial errors if proper adversarial proceedings are conducted, ensuring the rectification of erroneous civil registry entries in the interest of establishing truth.
Court’s Analysis and Jurisprudential Development
The Court reaffirmed distinctions clarified in prior cases (e.g., Hubert Tan Co v. The Civil Register of Manila, Republic v. Valencia), emphasizing that "to correct" means to remove errors and "to change" means to replace one name with another. It held that the instant petition was properly one for correction under Rule 108 because Mercadera sought to rectify a misspelling, which caused the erroneous registration of her name as "Marilyn" instead of "Merlyn," the name by which she has been known throughout her life.
The Court acknowledged the OSG’s concerns over the substantive nature of name changes but found that the case involved no attempt to circumvent Rule 103’s stringent requirements. Mercadera’s petition was accompanied by adequate notice to interested parties and publication, fulfilling the essence of adversarial proceedings. No opposition was filed, and the evidence was sufficient to demonstrate that the change was merely a correction of a clerical error, not a fundamental name change affecting rights or status.
The Court also cited analogous cases where similar corrections were allowed via Rule 108, such as corrections involving minor spelling errors in names, underscoring the policy favoring truth and accuracy in civil registry documents.
Decision and Conclusion
The Supreme Court affirmed the Court of Appeals and the RTC in granting the Petition for Correction of Entries under Rule 108 of the Rules of Court
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Case Syllabus (G.R. No. L-39211)
Facts and Procedural Background
- Merlyn Mercadera filed for the correction of her given name on her Certificate of Live Birth from "Marilyn" to "Merlyn" before the Office of the Local Civil Registrar of Dipolog City pursuant to Republic Act No. 9048, allowing correction of clerical or typographical errors and change of first name or nickname administratively.
- The Local Civil Registrar refused the correction without a court order, citing lack of permanent appointment under RA No. 9048.
- Mercadera then filed a Petition for Correction of Entries under Rule 108 of the Rules of Court before the Regional Trial Court (RTC) of Dipolog City, docketed as Special Proceedings No. R-3427.
- RTC set a hearing with public notice and notice to the Office of the Solicitor General (OSG), which appeared and deputized the City Prosecutor on the hearing date.
- No opposition was filed, and Mercadera presented documentary evidence and testimony through her Attorney-in-Fact, Evelyn M. Oga, proving that "Merlyn" is her true and used name since childhood.
- Documentary evidence included birth certificate showing "Marilyn," baptismal certificate, school diplomas, and government ID documents consistently using "Merlyn."
- The RTC granted the petition, ordering the correction of the name in the birth certificate from "Marilyn Lacquiao Mercadera" to "Merlyn Lacquiao Mercadera."
Issues Presented
- Whether Mercadera’s petition for correction of her given name is properly filed under Rule 108 or should have been filed as a petition for change of name under Rule 103.
- Whether the admission of photocopies and testimony of the Attorney-in-Fact as evidence was proper.
- Whether the correction from "Marilyn" to "Merlyn" constitutes a mere clerical correction or a substantial change requiring compliance with Rule 103.
Legal Framework and Distinctions Between Rules 103 and 108
- Rule 103 governs judicial petitions for change of name pursuant to Article 376 of the Civil Code, requiring adversarial proceedings with publication to afford the State and interested parties opportunity to object, as a change of name affects the person's designation and community identity.
- Changes under Rule 103 affect the appellation by which a person is known but do not change family relations or civil status.
- Rule 108 implements judicial correction or cancellation of entries in the civil registry pursuant to Article 412 of the Civil Code, covering clerical, spelling, typographical, and other errors in civil status records.
- Historically, Rule 108 was limited to harmless errors not affecting substantive rights, but jurisprudence, including Republic v. Valencia, allows for