BALAD, Vincent MALASI, Jessie Mae TUDLONG, Sonia Kim

IMPORTANT POINTS: Rule 103, Rule 108, R.A. No. 9048 and R.A. 10172

 Newspaper of General Circulation

To be a newspaper of general circulation, it is enough that “it is published for the
dissemination of local news and general information; that it has a bona fide subscription list
of paying subscribers; that it is published at regular intervals.” (Basa v. Mercado, 61 Phil.
632). The newspaper need not have the largest circulation so long as it is of general
circulation. (Banta v. Pacheco, 74 Phil. 67)

 Appropriate Adversarial Proceeding

It is one having an opposing parties as distinguished from an ex parte application, one in
which the party seeking relief has given legal warning to the other party, and afforded the
latter an opportunity to contest it. (Republic v. Valencia, 141 SCRA 462)
Procedure becomes adversary proceedings when opposition to petition is filed by the
local civil registrar or any person having or claiming interest in entries sought to be cancelled
and/or corrected and opposition is actively prosecuted.
The appropriate adversary proceeding should be availed of when what it is involved are
substantial errors in a civil registry. In Republic v. Valencia, the Supreme Court held that
even substantial errors may be corrected and the true facts established provided that the
parties aggrieved be the error avail themselves of the appropriate adversary proceeding.

 Clerical Error
A clerical error is one which is visible to the eye; an error made by the clerk or a
transcriber; a mistake in copying or writing, or some harmless innocuous change such as
correction of a name that is merely misspelled or misstatement of the occupation of the
parties. (Yu v. Civil Registrar of Manila)

 Change of name – a matter of Right or Privilege?

The State has an interest in the names borne by individuals and entities for purposes of
identification. A change of name is a PRIVILEGE, not a right. Before a person can be
authorized to change his name given him either in his certificate of birth or civil registry, he
must show proper or reasonable cause, or any compelling reason which may justify such
change. Otherwise, the request should be denied. (G.R. No. 159966, March 30, 2005)

 Statutory Basis of Rule 103

Article 376 of the Civil Code: “no person can change his name and surname without
judicial authority”.

 Statutory Basis of Rule 108

Article 412 of the Civil Code: “no entry in a civil register shall be changed or corrected,
without a judicial order”.

 Purpose of R.A. No. 9048

The intent and effect of the law is to exclude the change of first name from the coverage
of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in the Civil
Registry) of the Rules of Court, until and unless an administrative petition for change of
name is first filed and subsequently denied. It likewise lays down the corresponding venue,
form and procedure. In sum, the remedy and the proceedings regulating change of first
name are primarily administrative in nature, not judicial. (Silverio vs. Republic)

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BALAD, Vincent MALASI, Jessie Mae TUDLONG, Sonia Kim

 Change of first name is within the primary jurisdiction of the local civil registrar
RA9048 governs the change of first name. It vests the power and authority to entertain
petitioner for change of first name to the city or municipal civil registrar or consul general
concerned. Under the law, therefore, jurisdiction over applications for change of first name is
now primarily lodged with the aforementioned administrative officers. (Silverio vs. Republic)

 No intent on the part of the lawmakers to remove the authority of the trial courts to
make judicial corrections of entries in the civil registry
It can be thus concluded that the local civil register has primary, not exclusive,
jurisdiction over such petitions for correction of clerical errors and change of first name or
nickname, with R.A. No. 9048 prescribing the procedure that the petitioner and local civil
registrar should follow. (Re: Final Report on the Judicial Audit Conducted at the RTC, Br. 67,
Paniqui, Tarlac, A.M. No. 06-7-414-RTC, October 19, 2007)

 A person’s name cannot be changed on the ground of sex reassignment

Petitioner’s basis in praying for the change of first name was his sex reassignment. He
intended to make his first name compatible with the sex he though he transformed himself
into through surgery. However, a change of name does not alter one’s legal capacity or civil
status. R.A. 9048 does not sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing petitioner’s first name for his
declared purpose may only create grave complications in the civil registry and the public
interest. (Silverio vs. Republic)

 No low allows the change of entry in the birth certificate as to sex on the ground of
sex reassignment
No reasonable interpretation of the Article 407 of the Civil Code can justify the
conclusion that it covers the correction on the ground of sex reassignment. To correct simply
means “to make set aright; to remove the faults or error from” while to change means “to
replace something with something else of the same kind or with something that serves as a
substitute.” The birth certificate of petitioner contained no error. All entries therein, including
those corresponding to his first name and sex, were all correct. No correction is necessary.
While petitioner may have succeeded in altering his body and appearance through the
intervention of modern surgery, no law authorizes the change of entry as to sex in the civil
registry for that reason. Thus, there is no legal basis for his petition for the correction or
change of entries in his birth certificate. (Silverio vs. Republic)

 Change of sex or gender allowed where person has both male and female sexual
characteristics
The trial court ordered the correction of entries in the birth certificate of respondent to
change her sex or gender, from female to male, on the ground of her medical condition
known as Congenital Adrenal Hyperplasia (CAH), and her name from “Jennifer” to “Jeff”,
under Rules 103 and 108 of the Rules of Court. CAH is one of many conditions that involve
intersex anatomy. The term “intersexuality” applied to human beings who cannot be
classified as either male or female. We respect respondent’s congenital condition and his
mature decision to be a male. (Republic vs. Jennifer Cagandahan)

 May a surname be corrected through R.A. No. 9048?

No. R.A No. 9048 does not cover clerical error on surname. Where the entry to be
corrected is that of a surname, even if the error is merely clerical and will not affect the
status, citizenship, or filiation of the person, it must be done judicially under Rule 108.
(Batbatan c. Office of the Civil Registrar)

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