GR No. 123456, July 1, 2023
REPUBLIC OF THE PHILIPPINES, Petitioner, v. JUAN DELA CRUZ, Respondent.

FACTS

Juan Dela Cruz filed a petition for the correction of clerical errors in his birth certificate before the Regional Trial Court (RTC), specifically seeking to change his first name from “Jhun” to “Juan” and his citizenship from “Chinese” to “Filipino.” He presented his own affidavit and that of the attending physician at his birth to support his claims. The RTC granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing that the changes sought were substantial and not merely clerical, thus requiring an adversarial proceeding under Rule 108 of the Rules of Court.

ISSUE

Whether the corrections sought by respondent are merely clerical errors correctable under Rule 108 (Cancellation or Correction of Entries in the Civil Registry) or substantial changes that require an adversarial proceeding under Rule 108 of the Rules of Court.

RULING

The corrections sought are SUBSTANTIAL and require an adversarial proceeding under Rule 108.

The Supreme Court granted the petition and reversed the RTC decision. It reiterated the well-established distinction between clerical and substantial errors. Clerical errors refer to harmless and innocuous changes, such as misspellings or obvious typographical errors, which can be corrected summarily under Rule 108. Substantial errors, on the other hand, affect the civil status, nationality, or citizenship of a person. Changes to one’s first name and citizenship are not mere clerical errors. They alter the very identity and legal nationality of an individual, with significant legal consequences. Such alterations are substantial and require a full-blown adversarial proceeding under Rule 108, where all interested parties are notified and the Solicitor General is represented, to ensure due process and prevent fraud. The respondent’s failure to institute a proper Rule 108 proceeding, with the requisite publication and involvement of the State, rendered the RTC’s order granting the correction void.