Yu v. Republic
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns a petition filed by Sincio C. Yu to correct his name as recorded in the Local Civil Registry of Manila. The petitioner's birth certificate and immigration records indicate his name as Sincio C. Yu, but the local registry entry mistakenly recorded it as Sincio Yee. The petitioner asserts that the midwife who assisted in his delivery misspelled his given name as "Sincio" instead of "Sencio" and his surname as "Yee" instead of "Yu". 2. Procedural History: The petitioner initially filed a petition in the Court of First Instance of Manila, seeking to correct the entry in the Local Civil Registry. The Republic of the Philippines opposed the petition, arguing that the requested correction was substantial and not merely clerical, thus falling outside the scope of Article 412 of the Civil Code. The Court of First Instance denied the petition, deeming the correction substantial. This denial led to the present appeal. 3. The Petition: The petitioner-appellant seeks review of the lower court's decision, arguing that the discrepancies in his recorded name constitute clerical errors correctible under Article 412 of the Civil Code. Specifically, he contends that the change from "Sincio" to "Sencio" is a minor alteration of a vowel, and the change from "Yee" to "Yu" reflects his correct paternal surname. The appeal hinges on whether these changes are considered substantial or merely clerical mistakes.
Issue(s)
Whether the correction of the name "Sincio" to "Sencio" constitutes a clerical error correctible under Article 412 of the Civil Code. Whether the correction of the surname "Yee" to "Yu" constitutes a clerical error correctible under Article 412 of the Civil Code.
Ruling
The Supreme Court reversed and set aside the decision of the lower court. The petition was granted, allowing the petitioner to use the name "SENCIO YU" and directing the corresponding change in the Local Civil Registrar's records.
Ratio Decidendi
On the issue of correcting the first name from "Sincio" to "Sencio": The Court held that this change involves merely the correction of a mistake in the appellant's Christian name. The substitution of the first vowel "i" with "e" in the first name "Sincio" to make it "Sencio" amounts to the righting of a clerical error. A clerical error is defined as one made "in copying or writing," and a misspelled word is considered a clerical error. The Court cited Black's Law Dictionary and the case of Amicon vs. Holt in support of this definition. The Court reiterated its stance in Ansaldo vs. Republic of the Philippines and Barillo vs. Republic of the Philippines, which held that clerical errors correctible under Article 412 of the New Civil Code are harmless and innocuous changes, such as the correction of a clearly misspelled name. On the issue of correcting the surname from "Yee" to "Yu": The Solicitor representing the Republic withdrew its objection to the change of the family name from "Yee" to "Yu." This withdrawal was based on the observation that the appellant's original record of birth indicated his surname as "Yu," which is his father's surname. Therefore, the correction of the surname was also deemed appropriate and consistent with the evidence presented.
Main Doctrine
The correction of a misspelled first name, such as changing "Sincio" to "Sencio," constitutes a clerical error that can be corrected under Article 412 of the Civil Code, as it merely involves the righting of a mistake in writing or copying, and does not amount to a substantial change of name.