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REPUBLIC v. VIRGIE L. TIPAY

FACTS:

The Republic of the Philippines filed a petition to reverse the decision of the Court of Appeals (CA) which denied the appeal of the Republic from the decision of the Regional Trial Court (RTC) of Lupon, Davao Oriental. The trial court granted Virgel L. Tipay's (Virgel) petition for the correction of certain entries in his birth certificate, such as his gender, first name, and date of birth. Virgel and his mother testified in the trial court, confirming the desired corrections. The trial court granted the petition and ordered the correction of the entries. The Republic appealed the decision to the CA, which affirmed the trial court's decision. The Republic then appealed to the Supreme Court, arguing that the changes sought by Virgel are substantial changes outside the jurisdiction of the trial court. However, the Supreme Court denied the petition and held that substantial changes can be corrected under Rule 108 of the Rules of Court as long as the issues are properly discussed in appropriate adversarial proceedings.

ISSUES:

  1. Whether a petition for correction of entries in the civil register filed under Rule 108 of the Rules of Court can be considered a summary proceeding.

  2. Whether the changes in the entries pertaining to the gender and date of birth in the birth certificate are substantial or can be considered as clerical or typographical errors.

  3. Whether or not substantial corrections and changes in the civil registry, such as those involving the entries on sex and date of birth, may be effected through a petition filed under Rule 108 of the Rules of Court.

  4. Whether or not the requirements under Rule 103 of the Rules of Court may be substituted with that of Rule 108 for the change of name in the civil register.

  5. Whether or not the alleged date of birth is undisputed and whether or not the burden of proving its falsity was discharged.

RULING:

  1. A petition for correction of entries in the civil register filed under Rule 108 of the Rules of Court can no longer be considered a summary proceeding if all procedural requirements have been followed and an opposition to the petition has been filed. In such cases, the proceedings become adversary in nature.

  2. The changes in the entries pertaining to the gender and date of birth in the birth certificate are substantial corrections and cannot be considered as clerical or typographical errors that may be corrected administratively. Therefore, the petition for correction under Rule 108 of the Rules of Court is the proper remedy.

  3. Substantial corrections and changes in the civil registry, such as those involving the entries on sex and date of birth, may be effected through a petition filed under Rule 108 of the Rules of Court, as long as the procedural requirements in Rule 108 are followed. An appropriate adversary suit or proceeding is required in such cases.

  4. The requirements under Rule 103 of the Rules of Court cannot be substituted with that of Rule 108 for the change of name in the civil register. However, Rule 108, Section 2 of the Rules of Court also allows for changes of name in the enumeration of entries in the civil register that may be cancelled or corrected. Thus, the change of name may be allowed as a necessary consequence of the substantial correction on the gender of the petitioner.

  5. The alleged date of birth is not undisputed. The date of birth appearing in the National Statistics Office (NSO) copy of the birth certificate is presumed valid and prima facie evidence, and the burden of proving its falsity lies on the petitioner. The petitioner failed to discharge this burden and the other evidence presented was not sufficient to overcome the presumption of validity accorded to the date of birth reflected in the NSO copy of the birth certificate.

PRINCIPLES:

  • The persons who must be made parties to a proceeding concerning the cancellation or correction of an entry in the civil register are the civil registrar and all persons who have or claim any interest that would be affected by such cancellation or correction.

  • A petition for correction of entries in the civil register filed under Rule 108 of the Rules of Court can no longer be considered a summary proceeding if there is an opposition filed by the civil registrar or any person having or claiming an interest in the entries.

  • Republic Act No. 9048 authorizes administrative correction of clerical or typographical errors in the civil registry, while substantial corrections are still subject to Rule 108 of the Rules of Court.

  • The changes in entries pertaining to the gender and date of birth in a birth certificate are substantial corrections that require the proper adversarial proceedings under Rule 108 of the Rules of Court.

  • Substantial corrections and changes in the civil registry, such as those involving the entries on sex and date of birth, may be effected through a petition filed under Rule 108 of the Rules of Court, as long as the procedural requirements in Rule 108 are followed.

  • Changes of name may also be allowed under Rule 108, Section 2 of the Rules of Court as a necessary consequence of the substantial correction on the gender of the petitioner.

  • The date of birth appearing in the NSO copy of the birth certificate is presumed valid and prima facie evidence, and the burden of proving its falsity lies on the petitioner. Self-serving information is not sufficient to overcome the presumption of validity accorded to the date of birth reflected in the NSO copy of the birth certificate.