Republic v. Labrador, G.R. No. 132980, March 25, 1999

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Summary: Respondent petitioned before the RTC Cebu City to order the Local Civil Registrar of Cebu City to correct the name of her niece from Sarah Zita Erasmo to Sarah Zita Caon, and the registered mother's name from Rosemarie Caon to Maria Rosario Caon on Sarah's birth record.. The first correction is in pursuant to Art 176 of FC.  Maria Rosario Caon was not legally married to Sarah's father Degoberto Erasmo, and hence the daughter should follow's Maria's surname.  The second correction request is simply because Mother's real name is Maria Rosario. She just erroneously gave her nickname “Rosemarie”, when asked by the Local Registrar. RTC granted the petition.  SC reversed the decision. SC held that the summary proceedings under Rule 108 of the Rules of court and Art 412 of the Civil Code  may be used only to correct or change clerical or innocuous errors. Rule 108 cannot be used to modify, alter or increase substantive rights, such as those involving the legitimacy or illegitimacy of the child. The change sought will result not only in substantial correction in the child's record of birth but also in the child's rights which cannot be effected in a summary action.

Additional fact: Maria Rosario was abroad where she lived with her foreigner husband.

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Ponente: PANGANIBAN, J.

Issue: WON Rule 108 of the Rules of Court may be used to changed the entry in a birth certificate regarding the filiation of a child.

Held: No.

(1)  The only errors that can be canceled or corrected under this Rule are typographical or clerical errors, not material or substantial ones like the validity or nullity of a marriage, or the legitimacy or illegitimacy of a child

•      it would affect her legitimacy, as well as her successional and other rights

•      the change may also embarrass her because of the social stigma that illegitimacy may bring.

•      the rights of her parents over her and over each other would also be affected.

•      a change of name would affect not only the mother but possibly creditors, if any.

(2) Where the effect of a correction in a civil registry will change the civil status of petitioner and her children from legitimate to illegitimate, the same cannot be granted except only in an adversarial proceeding, that is,  one having opposing parties, contested.

Proceeding in the RTC does not suffice. Aside from the OSG, all other indispensable parties should have been made respondents: the declared father of the child, the paternal grandparents, if any (as their hereditary rights would be adversely affected thereby).

All other persons who may be affected by the change should be notified or represented.

(3) No sufficient legal explanation has been given why an aunt, who had no appointment as guardian of the minor, was the party-petitioner.

(4) Even granting that the proceedings held to hear and resolve the petition before the lower court were adversarial, it must be noted that the evidence presented by the respondent was not enough to fully substantiate her claim that Sarah Zita was illegitimate. Her evidence consisted mainly of her testimony and a certification from the civil registry of Cebu City that such office had no record of a marriage between Rosemarie/Maria Rosario Caon and Degoberto Erasmo.

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