SPECIAL PROCEEDINGS (New Era University College of Law) – ASSIGNED TOPICS AND CASES for NOVEMBER 29, 2016


SPECIAL PROCEEDINGS (New Era University College of Law) – ASSIGNED TOPICS AND CASES for NOVEMBER 29, 2016

XII. Change of Name (Rule 103)

1.  Rule 103 governs petitions for change of given name or surname

2. Differences under Rule 103, RA 9048 and Rule 108

3. Grounds for Change of Name

XIII. Voluntary Dissolution of Corporations – deemed repealed by Sections 117 to 122,

Title XIV, Batas Pambansa Blg. 68 or the Corporation Code (Rule 104)

XIV. Judicial Approval of Voluntary Recognition of Minor Natural Children (Rule 105)

XV. Constitution of Family Home – deemed repealed by Articles 252 to 253 of Executive Order No. 209 or the Family Code (Rule 106)

XVI. Absentees (Rule 107)

  1. Purpose of the Rules (under Arts. 381 to 386, CC)
  2. Who may file petition for appointment of representative

XVII. Cancellation or Correction of Entries in the Civil Registry (Rule 108)

1. Who may file petition

2. Entries envisaged in Article 412 of the Civil Code and correctible under Rule 108 

3. Clerical Error Law (RA 9048)

4. Petition’s contents

5. Parties

XVIII. Appeals in Special Proceedings (Rule 109)

  1. Judgments and orders for which appeal may be taken
  2. Modes of appeal

Change of first names or nicknames now allowed under RA 9048 and existing jurisprudence


Change of first names or nicknames now allowed under RA 9048 and existing jurisprudence

Under Republic Act No. 9048, the petition for change of first names or nicknames may be allowed when:

  • such names or nicknames are ridiculous, dishonorable or extremely difficult to write or pronounce ( Sec. 4, RA 9048);
  • the request for change is a consequence of a change of’ status such as when a natural child is acknowledged or legitimated (Haw Liong v. Republic, GR L-21194. Apr. 29, 1966, 16 SCRA 677);
  • the petitioner has continuously used and been known since childhood by a Filipino name, unaware of his/her alien parentage (Ang Chay v. Republic, GR L-28507. July 31, 1970, 34 SCRA 224);
  • the new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community ( 4, RA 9048); or
  • the change will avoid confusion (Alfon v. Republic, GR L-51201. May 29, 1980, 97 SCRA 858).

Parties


PARTIES.

Civil Registrar and all affected to be made parties to the proceeding

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 (Sec. 3, Rule 108, RoC).

Failure to comply with the requirements of Rule 108 of the Rules of Court for correction of entries in the civil register fatal to the petition

Section 3, Rule 108 of the Rules of Court requires that the Civil Registrar and all persons who have or claim any interest which may be affected thereby shall be made parties to the proceeding.

Thus, the petition must conform and comply with the provisions of Rule 108 of the Rules of Court and should the petitioner fail to comply therewith, the trial court will commit no error in dismissing the petition (Yu v. Civil Registrar of Manila, GR L-36478. Apr. 29, 1983, 121 SCRA 873).

All possible indispensable parties must be duly notified of the proceedings

Under Section 3, Rule 108 of the Rules of Court, not only the civil registrar but also all persons who have or claim any interest which would be affected by a proceeding concerning the cancellation or correction of an entry in the civil register must be made parties thereto.

As enunciated in Republic v. Benemerito (GR 146963. Mar. 15, 2004, 425 SCRA 488), unless all possible indispensable parties were duly notified of the proceedings, the same shall be considered as falling much too short of the requirements of the rules.

Here, it is clear that no party could be more interested in the cancellation of Rosilyn’s birth certificate than Rosilyn herself. Her filiation, legitimacy, and date of birth are at stake.

Petition’s contents


Petition’s contents

A petition for change of name shall be signed and verified by the person desiring his name changed or some other person on his behalf. It shall contain the following:

  • A declaration that the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing;
  • The cause for which the change of the petitioner’s name is sought;
  • The name asked for; and
  • All names by which petitioner is known (Secan Kok v. Republic, GR L-27621. Aug. 30, 1973, 52 SCRA 322).

 

Entries envisaged in Article 412 of the Civil Code and correctible under Rule 108


Entries envisaged in Article 412 of the Civil Code and correctible under Rule 108

The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil Code:

 “ART. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.

“ART. 408. The following shall be entered in the civil register:

“(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name.”

The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after birth (Silverio v. Republic, GR 174689. Oct. 19, 2007, 537 SCRA 373).

Clerical Error Law (RA 9048) removed from the ambit of Rule 108 of the Rules of Court the correction of certain errors


Clerical Error Law (RA 9048) removed from the ambit of Rule 108 of the Rules of Court the correction of certain errors

Rule 108 of the Rules of Court now applies only to substantial changes and corrections in entries in the civil register. The determination of a person’s sex appearing in his birth certificate is a legal issue and the court must look to the statutes. In this connection, Article 412 of the Civil Code provides:

 “ART. 412. No entry in a civil register shall be changed or corrected without a judicial order.”

Together with Article 376 of the Civil Code, this provision was amended by Republic Act No. 9048 in so far as clerical or typographical errors are involved. The correction or change of such matters can now be made through administrative proceedings and without the need for a judicial order (Republic v. Cagandahan, GR 166676. Sept. 12, 2008, 565 SCRA 72).

WHO MAY FILE PETITION


WHO MAY FILE PETITION

Any interested person may file a verified petition for cancellation or correction of any entry in the civil registry

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 Regional Trial Court of the province where the corresponding civil registry is located (Sec. 1, Rule 108, RoC).