Xavier University Ateneo de Cagayan

College of Law

A Report on Rule 108 of the Revised Rules of Court

Special Proceedings

Submitted to:

Justice Edgardo T. Lloren

Professor

Submitted by:

Olive Adrienne G. Barba

Reporter

2015

I.

In General

Rule 108 governs all special proceedings involving the cancellation or correction of
entries in the civil registry. It involves all types of documents recorded in the civil registry
of the Philippines.
Note that Rule 108 only applies to cancellations and corrections not included in RA
9048 and its implementing rules and such rule correlates to Rule 103 which involves
change of name.
The source of Rule 108 is Article 412 of the Civil Code which provides:
No entry in a civil register shall be changed or corrected without judicial order.
In the case of Ty Kong Tin v. Republic (L-5609, February 1954; 50 OG 1077),
petitioner filed an action at the CFI of Manila to correct his citizenship which was
erroneously recorded as Chinese and not Filipino in the Civil Registry. The issue in
the case revolved the interpretation of Article 412 on what was the extent or scope of
the matters that may be changed or corrected as contemplated in said legal provision
and the court declared:
The intervention of the courts was found necessary due to the importance of the
subject covered by the civil register, even in matters which call for correction of clerical
mistakes. The law even exacts civil liability from the civil registrar for any unauthorized
alteration.

II.

Section 1 Who May File A Petition

Section 1 of Rule 108 provides:

Any person interested in any act, event, order or decree concerning the
civil status of persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry relating thereto,
with the Court of First Instance of the province where the corresponding civil
registry is located.
Such interest may be direct or indirect.

III.

Section 2 Entries Subject to Cancellation or Correction

Upon good and valid grounds, the following entries in the civil register may be
cancelled or corrected:
(a) births;
(b) marriage;
(c) deaths;
(d) legal separations;
(e) judgments of annulments of marriage;
(f) judgments declaring marriages void from the beginning;
(g) legitimations;
(h) adoptions;
(i) acknowledgments of natural children;
(j) naturalization;
(k) election, loss or recovery of citizenship;
(l) civil interdiction;
(m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and
(o) changes of name.

A. Types of Errors Contemplated under Rule 108

1. CLERICAL ERRORS

According to the case of Black v. Republic (L-10869, Nov. 28, 1958), a clerical
error is one which is visible to the eye or obvious to the understanding; an error made
by a clerk or a transcriber; a mistake in copying of writing.
It is some harmless and innocuous change such as correction of a name that is
clearly misspelled or of a misstatement of the occupation of the parent (Ansalada v.
Republic, L-10226, February 14, 1958).
RULE 108, therefore, is the procedure for effecting the correction of such
innocuous errors and is limited only to the implementation of Article 412 of the New Civil
Code.

2. SUBSTANTIAL ERRORS

These errors involve substantial change to the sex, status, citizenship, and the
like, and not mere harmless errors such as misspelling of a petitioners name.
The changing of an allegedly erroneous name registered, is a SUBSTANTIAL
change because the identity of a parent is affected. The proper step would be an
appropriate proceeding, not a summary one.
If the error is substantial or material, the same can be corrected by a court
judgment provided that the action is not summary in nature. More detailed and
appropriate proceedings are required (Matias v. Republic, L-26982, May 8, 1969).

B. How Errors may be Corrected

If the error is merely clerical or typographical in nature, the appropriate action

would be to file for a summary proceeding.
However, if the error involves a substantial change, then there is a need for an
adversarial proceeding or a full-blown trial to address the petition under Rule 108.

Note than in the case of Wong, et al., v. Republic, et al. (L-29376, July 30, 1982),
birth, according to the courts, only refers to such particulars as are attendant to birth,
not details of nationality or citizenship and in the case of Tan v. Republic (L-27735,
December 26, 1984), the court held that citizenship refers only to its election, loss, or
recovery.
A petition for the correction of the birth certificates of illegitimate children, by
dropping the surname of their father, is proper under Rule 108 since it does not change
their status, citizenship or filiation and is in accordance with Article 287 of the New Civil
Code (Batbatan v. Office of the LCR, L-33724, November 29, 1982).

C. Exceptions

While material corrections in the record of birth cannot be affected through a

summary proceeding, it does not apply when a verified petition for change of name, filed
under Rule 108, was subjected to a full blown trial, all the necessary parties were duly
notified, publication was made, and evidence were presented. (Republic v. Macli-ing, et.
al., GR. No. 57211, March 18, 1985)
The rule, therefore, is that the proceedings under Rule 108 may be summary
adversarial in nature. If the correction sought to be made is clerical, the procedure
be adopted is summary. If the rectification affects the civil status, citizenship,
nationality of a party, it is deemed substantial and the procedure to be followed
adversarial. (Republic v. Bautista, et al., L-35316, October 26, 1987)

IV.

or
to
or
is

Section 3 Who May Be Parties

When cancellation or correction of an entry in the civil register is sought, the civil
registrar and all persons who have or claim any interest which would be affected
thereby shall be made parties to the proceeding.

V.

Section 4 Notice and Publication

Upon the filing of the petition, the court shall, by an order, fix the time and place for
the hearing of the same, and cause reasonable notice thereof to be given to the
persons named in the petition. The court shall also cause the order to be published

once a week for three (3) consecutive weeks in a newspaper of general circulation in
the province.

VI.

Section 5 Opposition

The civil registrar and any person having or claiming any interest under the entry
whose cancellation or correction is sought may, within fifteen (15) days from notice of
the petition, or from the last date of publication of such notice, file his opposition thereto.

VII.

Section 6 Expediting Proceedings

The court in which the proceeding is brought may make orders expediting the
proceedings, and may also grant preliminary injunction for the preservation of the rights
of the parties pending such proceedings.

VIII.

Section 7 Order

After hearing, the court may either dismiss the petition or issue an order granting the
cancellation or correction prayed for. In either case, a certified copy of the judgment
shall be served upon the civil registrar concerned who shall have annotated the same in
his record.

IX.

Rule 103 vs. Rule 108

RULE 103 (CHANGE OF

NAME)
Residence of Petitioner

VENUE

Solicitor General must be

notified

PARTIES

Rule 108 (CANCELLATION OR

CORRECTION OF ENTRIES IN
THE CIVIL REGISTRY)
Location of Civil Registry
Civil Registrar concerned must be
made a respondent

X.

RA 9048

Republic Act No. 9048 is AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR
TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR
NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF JUDICIAL ORDER,
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF
THE PHILIPPINES. It was signed last March 22, 2001.
The statute deals only with clerical and typographical errors.
Consequently, Administrative Order No. 1, Series of 2001 was issued which was
then known as the RULES AND REGULATIONS GOVERNING THE
IMPLEMENTATION OF REPUBLIC ACT NO. 9048. The said Administrative Order is
the implementing rules of RA 9048 pursuant to Section 10 of said statute. It was
published in the Philippine Star on August 1, 2001 and took effect on August 16, 2001.

XI.

Rule 108 vs. RA 9048

Rule 108
Any person
interested in any
act, decree, order,
or event
concerning the
civil status of
persons recorded
in the CR
RTC of the city or
province where
corresponding CR
is located

Section 2 of Rule 108

RA 9048
Who may file petition

Venue and Jurisdiction

Any person having direct and

personal interest in the
correction of a clerical or
typographical error in an entry
xxx

Local Civil Registry Office where

record sought to be corrected or
changed is kept;
If residing in another place within
the Philippines, person may file
with the local CR where he is
presently domiciled;
If abroad, nearest Philippine
Consulates
Entries subject to
Section 2 of Rule 108
correction or cancellation provided that only clerical or
typographical errors are
corrected or changed

Civil Registrar
and all persons
who have or
claim any interest
which would be
affected thereby
The court shall,
by an order, fix
the time and
place for the
hearing of the
same, and cause
reasonable notice
thereof to be
given to the
persons named in
the petition. The
court shall also
cause the order
to be published
once a week for
three (3)
consecutive
weeks in a
newspaper of
general
circulation in the
province.
By a petition
Summary in
nature if the
correction is
clerical or
typographical
only;
Adversarial in
nature if it
involves
substantial
change
Necessary

Parties

Petitioner/applicant and the

proper officer of the CR or the
Philippine Consul

Notice and Publication

Posted by the concerned CR or

CG in a conspicuous place for
10 consecutive days after he
finds the petition and its
supporting documents sufficient
in form and substance

How initiated

By an affidavit

Nature of Proceedings

Administrative Proceedings

Hearing

Only an investigation may be

conducted

To Higher Courts

Appeal

To CRG

Becomes final
after 15 days
from receipt of
judgment
Served on the
Civil Registrar
and entered into
the Civil Registry
Book

Decision

Becomes final after 10 days from

receipt of CRG or by aggrieved
petitioner on the affirmation or
denial by the CRG
Entered directly into the Civil
Register

XII.

Judgment

Examples of what CAN and CANNOT be corrected under RA 9048

A. MISSPELLING
Case 1.1 One or more letters were interchanged, or a correct letter was written in a
wrong order or space within a word.
Ex. A man has been using JUANITO since he was a child but in his birth
certificate, his name is spelled JAUNITO. The interchanging of the letters U and
A is within the meaning of a clerical error in RA 9048.
Case 1.2 One or more letters were omitted
A man has been using the name Christopher in all his records including his
birth and marriage certificates. However, in one of his childrens birth certificates,
his name as the childs father was spelled Cristopher. This is a clerical error within
the meaning of RA 9048.
Case 1.3 Unnecessary letter or letters were included
In all his records, his name is spelled as FLORANTE. His birth certificate,
however, showed his first name as FLORIANTE. The I between the R and A is
not necessary and can be corrected under RA 9048.
Case 1.4 One or more letters were erroneously used
Example: Carmilita instead of Carmelita
Case 1.5 One letter was superimposed over other letters
This occurs when, in an effort to correct a wrongly typed letter, the typist does
not physically erase it but instead types the correct letter over that erroneously

typed letter. Consequently, the reader or owner himself may not know exactly
what the correct letter is.
Case 1.6 Hyphen is omitted
There are names that are hyphenated. The hyphen is part of the name, hence,
if omitted, the name is considered misspelled.
Example: Gandang-Hari
Case 1.7 Use of Ma. and Maria in compound first name
For a Maria to use Ma. as first name, the petition one should file is not for
correction under RA 9048 but for change of first name under Rule 108.
Case 1.8 Abbreviated First Name
Same as Case 1.7
Case 1.9 Unnecessary space or character was inadvertently inserted within a
name or word
Example: Pe5dro
This is a clerical error under RA 9048.

B. WORDS ARE NOT IN THE RIGHT SPACE

Case 2.1 The middle name was entered as the last name or the last name was
entered as the middle name
This error becomes visible to the eyes or obvious to the understanding when
reference is made to the name of the mother and to the name of the father.
This can be corrected under RA 9048.
Case 2.2 In all civil registration forms, the order of entering complete name is first
name, middle name, and last name, while in some of the non-civil registration forms, the
order is the last name, first name, and middle name
This can be corrected under RA 9048.
Case 2.3 The name of the municipality was entered as the province, while the
name of the province was entered as municipality
This can be corrected under RA 9048.

C. SEX NOT PROPERLY RECORDED

Case 3.1 Neither male nor female was marked x; there was no entry of sex
This error is not clerical within the meaning of RA 9048 and therefore, no
petition to correct it is necessary. The error of omission can be corrected by
means of supplemental report of birth
Case 3.2 Both male and female were marked as x
Same as case 3.1
Case 3.3 A female child was marked male or a male child was marked female
This cannot be corrected under RA 9048.
This is prohibited by Sec. 2 (3) which provides among others that no
correction must involve the change of sex of petitioner
Case 3.4 Wrong name was consistent with wrong sex
A female named Maria Gracia Ignacia had a birth certificate with the name
MARIO Gracia Ignacia recorded and the sex marked was MALE.
With regard to her first name, it can be corrected under RA 9048 but with
regard to her sex, it can be corrected only by a regular court.

D. IMPROPERLY RECORDED NAME

Case 4.1 Surname of an illegitimate child born prior to August 3, 1988
Under Art. 82(1) of the Civil Code, a recognized natural child has the right
to bear the surname of the parent recognizing him. It follows that an illegitimate
child who is not acknowledged or recognized by his father in accordance with law
cannot use the surname of the latter.
This cannot be corrected under RA 9048.
Case 4.2 Surname of illegitimate children born on August 3, 1988 and thereafter
The absolute rule under the Family Code is that an illegitimate child shall
use the surname of its mother.
An error involving this case is not within the scope of RA 9048.

E. WRONG DATES

Case 5.1 The date of the occurrence of the vital event was after the date of
registration of the same event or registration was done before the occurrence of the
event
It could be date of birth, date of marriage, or date of death.
This can be corrected under RA 9048.
Case 5.2 The date is impossible. It could be any date in the civil registry record.
Example: February 31, 1995
An error involving this case is within the scope of RA 9048.
Case 5.3 The date appears unreasonable
Example: February 24, 1885 instead of 1985
An error involving this case is within the scope of RA 9048
Case 5.4 Misleading date where numeric character or symbol was used for the
month
In accordance with the order of writing the date in the birth certificate,
the day should be entered first, followed by the month, and then the year.
The month should be spelled out and not be represented by numerical symbol,
like February and not 2.
Ex. 11-2-94; this can be interpreted either as November 2, 94 or
February 2, 94
An error involving this case is within the scope of RA 9048.
Case 5.5 Year of birth was erroneous
This usually occurs during the early part of every January.
An error involving this case is within the scope of RA 9048.

F. AGE OF MOTHER
Case 6.1 The age of the mother entered in Item 11 (age at the time of this birth) of
the birth certificate was very much beyond or below the reproductive age.
This error is clerical and can be corrected under RA 9048.

G. DATE AND PLACE OF MARRIAGE OF PARENTS

Case 7.1 Entries were made for date and place of marriage of parents in Item 18 of
the birth certificate when the entry should have been not married.
Only information obtaining at the time of birth shall be recorded in the
birth certificate, and not the information prevailing at the time of registration.

H. ERRONEOUS CITIZENSHIP
Case 9.1 A foreigner was entered as Filipino or otherwise
This case can happen in the birth certificate, death certificate, or
marriage certificate
This cannot be corrected under RA 9048 as it involved change of
nationality of the petitioner. The problem must be resolved in the regular court.

I. PLACE OF BIRTH
Case 10.1 The place of birth was different from the geographical identification of the
birth certificate
The geographical identification indicates the place where the event
is registered. It must be consistent with Item 4 (place of birth) that contains
information about the hospital, city/municipality, and province
This can be corrected under RA 9048.
Case 10.2 The place of birth was correctly entered but registered in a wrong place
An error involving this case is within the scope of RA 9048,
however, the birth certificate should first be physically transferred from the
wrong Local Civil Registry Office to the correct Local Civil Registry Office.
Transfer is under the concept of migrant petitioner.

J. OTHER ERRORS IN THE BIRTH CERTIFICATE

Case 11.1 Errors in other parts, other than those previously discussed, such as
those concerning religion, occupation, title or position, type of birth, birth order, # of
children, etc.
This error is clerical and can be corrected under RA 9048 as this is
not a change of name.
Case 11.2 No error of any kind shall be corrected at the back page of the birth
certificate.
Technically, all entries at the back page of the birth certificate are
part of legal instruments, hence, no correction is allowed.

K. OTHER CASES CONCERNING ERRORS IN RECORDING SURNAMES

Case 12.1 Doubt as to what is the correct spelling of surname
This error is clerical and can be corrected under RA 9048 as this
is not a change of name.
The best evidence to prove wrong spelling shall consist of
documents from ascendants showing how their surname was correctly
spelled.
Case 12.2 Surname with unattached prefix
Ex. De Castro, de los Santos, del Prado
This is within the meaning of RA 9048 because it can be
corrected by reference to other existing record.
This is not a case of change of surname.