Republic vs. Leonor Valencia 141 SCRA 462

REPUBLIC OF THE PHILIPPINES, petitioner, vs. LEONOR VALENCIA, as Natural mother and guardian of her minor children, BERNARDO GO and JESSICA GO; and THE HON. AGAPITO HONTANOSAS, Judge of the COURT OF FIRST INSTANCE OF CEBU, Branch XI.

G.R. No. L-32181 | 1986-03-05

Cancellation and/or Correction of Entries in the Civil Registry (Rule 108)

Summary proceedings, correction of entries in the civil registery
Summary proceedings, correction of entries in the civil registery, allowed only for clerical (typographical) and innocuous errors, not allowed for nationality and citizenship since substantial
Persons who must be made parties to a proceeding concerning the cancellation or correction of an entry in the civil register
Correction of substantial and not merely clerical entries in the civil register, affecting civil status or citizenship, requirement of adversarial proceeding
Cancellation and/or Correction of Entries in the Civil Registry (Rule 108)
Even substantial errors in entries in the civil registry may be corrected through a petition filed under Rule 108 of the Rules of Court, proceeding is adversary
Rule 108 of the Rules of Court; cancellation or correction of entries in the civil registry; proceedings may either be summary (clerical or typographical errors) or adversarial (substantial error)

D E C I S I O N

GUTIERREZ, JR., J:

This is a petition to review the decision of respondent Judge Agapito Hontanosas of the Court of First Instance of Cebu, Branch XI who ordered the Local Civil Registrar of Cebu to make the necessary cancellation and/or correction in the entries of birth of Bernardo Go and Jessica Go in the Civil Registry of the City of Cebu.

Respondent Leonor Valencia, for and in behalf of her minor children, Bernardo Go and Jessica Go filed with the Court of First Instance of Cebu a petition for the cancellation and/or correction of entries of birth of Bernardo Go and Jessica Go in the Civil Registry of the City of Cebu....