Activity No.
RELEVAT ISSUE/S:
1. Republic of the Philippines v. Lorena Sali, G.R. No. 206023, April 3, 2017
Change of Name and Date of Birth
Whether or not the Petition of Lorena Sali is for change of name as contemplated
under Rule 103 of the Rules and not for correction of entries under Rule 108
2. Republic vs. Mercadera, G.R. No. 186027, December 8, 2010
Change of First name in birth certificate
Whether or not the petition filed by Mercada before the RTC falls under Rule 103
and Rule 108
3. Republic vs. Tanada, G.R. No. 31563, November 29, 1971
Change of first name in birth certificate
Whether the court acquired jurisdiction over the petition
Whether a compelling reason was offered by Lua Ong for the change of name
4. Republic vs. Coseteng-Magpayo, G.R. No. 189476 February 2, 2011
Correction of name, date and father’s name in birth certificate
Whether the change in Julian’s legitimacy is a substantial change thereby making
Rule 103 of the Rules of Court inapplicable
5. Republic vs Silverio, G.R. No. 174689, October 22, 2007
Change of name and sex in birth certificate
Whether or not petitioner may be allowed to change his name and sex in his
birth certificate on the ground of sex reassignment
6. Republic vs Cagandahan, G.R. No. 166676, September 12, 2008
Change of name and sex in birth certificate
Whether the trial court erred in ordering 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 CAH, and her name from
"Jennifer" to "Jeff," under Rules 103 and 108 of the Rules of Court.
7. Republic vs UY, G.R. No. 198010, August 12, 2013
Change of name and nationality in birth certificate
Whether the petition is dismissible for failure to implead indispensable parties.
8. Braza vs. City Civil Registrar of Himamaylan City, December 4, 2009
Correction of entries in birth certificate
Whether the RTC has jurisdiction to annul the marriage of respondent and
impugn legitimacy of the respondent’s child in a petition to correct entries in
local civil register
9. Corpuz vs Sto. Tomas, G.R. No. 186571, August 11, 2010
Correction of entry in Birth Certificate
Whether the recognition of the divorce decree will authorize the cancellation of
entry.
10. Fujiki vs. Marinay, G.R. No. 196049 , June 20, 2013
Correction of entry in marriage certificate
Whether or not the RTC can recognize the foreign judgement in a proceeding for
cancellation or correction of entries in the Civil Registry under Rule 108 of the
Rules of Court
11. Republic vs. Merlinda L. Olaybar G.R. No. 189538, February 10, 2014
Cancellation of entries in birth certificate
Whether the cancellation of entries in the marriage contract which, in effect,
nullifies the marriage may be undertaken in a Rule 108 proceedi
Activity No. 4
RULE 103 RULE 108 RULE 9048 RULE 10172
TITLE
Change of name Cancellation or correction of Correct a Correct clerical or
entries in the civil registry clerical or typographical
typographical errors in the day
error in an and month, in
entry and/or the birth or sex
change of first of a person
name or appearing in the
nickname civil register
without the need
of judicial order
PETITIONER
A person desiring to Any person interested in any Any person
change his/her name act, event, order or decree having direct
may file concerning the civil status of and
persons which has been personal
recorded in the civil register interest in the
may file. correction of a
clerical or
typographical
error in an
entry and/or
change of first
name or
nickname may
file.
NATURE
Judicial Proceeding. Proceedings may either be Administrative
Hearing is necessary. summary or adversary Proceeding.
VENUE
Filed before the Filed before the Filed with the Concerned city or
Regional Trial Court Regional Trial Court or Local civil Municipal Civil
province where the
where the petitioner corresponding civil registry office Registrar or
resides for three years registry is located of city or Consul General
prior to filing, or, in the municipality
City of Manila, to the where the
Juvenile and Domestic record being
Relations Court. sought to be
corrected or
changed is kept
or with the
Local civil
registrar of the
place where the
interested party
is
presently
residing or
domiciled.
WHAT TO FILE
A signed and verified File a verified petition for An affidavit
petition shall be filed. the cancellation or shall be filed.
correction of any entry.
CONTENT
a) First name, entries in the civil a) clerical or a) clerical or
b) nickname, register may be typographica typographica
c) middle name, cancelled or corrected: l errors and l errors and
d) surname a) births; b) change b) change of
b) marriage; of first name first name or
c) deaths; or nickname nickname
d) legal c) day and
separations; month in the
e) judgments of date of birth
annulments of marriage; d) sex of the
f) judgments person
declaring marriages void
from the beginning;
g) legitimations;
h) adoptions;
i) acknowledgment
s 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.
FORM
A petition for change of a verified petition for the The verified Form of an
name shall cancellation or correction of petition shall be affidavit
be signed and verified b any entry relating thereto in the form of subscribed and
y the person desiring his an affidavit, sworn to before
name changed, or some subscribed and any person
other person on his sworn to before authorized by law
behalf, any person to administer
authorized by oaths
the law to
administer
oaths.
