ArticuLaw Primo

Rule 108

CANCELLATION OR  CORRECTION OF ENTRIES IN THE CIVIL REGISTRY

 

Prepared by: Nelia M. Oro

 

 

Question- Who may file a petition for cancellation of entry in the civil registry?

 

     Answer: Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil registry, may file a verified petition for cancellation or correction of any entry relating thereto, with the Court of First Instance (now Regional Trial Court) of the province where the corresponding civil registry is located. (Sec.1, Rule 108).

 

 

Question- What entries may be subject to cancellation?

 

     Answer-   Upon good and valid grounds, the following entries in the civil registry may be cancelled or corrected:

 

1. Birth

2. Marriage

3. Death

4. Legal Separation

5. Judgments of Annulments of Marriage

6. Judgments declaring marriages void from the beginning;

7. Legitimations;

8. Adoptions;

9. Acknowledgments of Natural Children;

10. Naturalization;

11. Election, loss or recovery of citizenship;

12. Civil Interdiction;

13. Judicial determination of filiation;

14. Voluntary emancipation of minor;

15. Changes of name

  (Sec.2, Rule 108)

 

 

Question-  Who may be the parties   to be impleaded?

 

     A- The parties are the civil registrar and all persons who claim any interest which would be affected thereby. (Sec.3, Rule 108)

 

 

Question-  What shall the court do upon filing the petition?

 

     Answer- It shall fix the time and place for the hearing and cause reasonable notice to the persons named in the petition. The notice shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the province. (Sec.4, Rule 108)

 

 

Question-  Within what time should   anyone who has an   interest in the petition   file an opposition?

 

     Answer- Within 15 days from notice or from the last date of publication. (Sec.5, Rule 108)

 

 

Question -  What procedure is to be  adopted if the correction is clerical?

 

     Answer- If the correction sought to be made in the civil registry is clerical, the  procedure to be adopted is summary.

 

 

Question-  What is the procedure if   the entry to be corrected   is substantial like civil   status, etc.?

 

     Answer- If the rectification affects the civil status, citizenship or nationality of a party, it is deemed substantial and the procedure is adversary. (Rep. vs. Valencia, 141 SCRA 462)

 

 

Question-  What is meant by  appropriate adversary proceeding?

 

     Answer- Appropriate adversary proceeding is one having opposing parties, contested as distinguished from ex parte application, one of which the party seeking relief has given legal warning to the other party and afforded the latter an opportunity to contest it .

 

 

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See Republic vs. Valencia &Judge Hontanosas GR. No. L-32181, March 5, 1986