Special Proceeding

1. CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY
By: ALMUJER U. AMMANG

2. Who may file petition
Entries subject to cancellation or correction
Parties
Notice and Publication
Opposition
Expediting Proceedings
Order

3. 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

4. Rule 108 is modified by R.A. 9048
(effective, Feb. 8, 2001):
R.A. 9048
SUMMARY PROCEEDINGS
Rule 108
ADVERSARY
PROCEEDINGS
Typographical errors Change in civil status
Clerical errors
Change of
Citizenship/Nationality
Change of first name Other substantial changes
Change of nickname

5.  Section 2, Paragraph 3 of R.A. 9048
provides:
• "Clerical or typographical error" refers to a mistake
committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the
like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only
by reference to other existing record or records:
Provided, however, That no correction must involve
the change of nationality, age, status or sex of the
petitioner

6. As provided in R.A. 9048, Section 4:
• The petition for change of first name or nickname
may be allowed in any of the following cases:
 (1) The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely
difficult to write or pronounce.
 (2) The new first name or nickname has been
habitually and continuously used by the petitioner
and he has been publicly known by that by that first
name or nickname in the community: or
 (3) The change will avoid confusion.

7.  No law/rule specifically prescribes a fixed
time for filing special proceedings under Rule
108
 As such, Art. 1149 of the civil code applies:
• “Other actions whose periods are not fixed in this
Code or in other laws must be brought within five (5)
years from the time the right of action accrues.”
• Thereby, said right of action accrues upon
DISCOVERY OF ERROR.

8. 1. A right in favor of the plaintiff by whatever
means and under whatever law it arises
or is created;
2. An obligation on the part of the defendant
to respect such right;
3. An act or omission on the part of such
defendant violative of the right of the
plaintiff

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

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

11. 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

12. A petition for correction is an ACTION IN
REM: an action against a thing and not
against a person
An IN REM proceeding is validated
essentially through publication (e.g.
notifying all possible interested parties)

13. 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

14. civil registrar
all persons who have or claim any interest
which would be affected

15. 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.

16. 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 annotated
the same in his record

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