Republic v. Sali
REITERATIONFacts
The Antecedents: Lorena Omapas Sali filed a petition to correct entries in her Certificate of Live Birth. She alleged that her first name was erroneously recorded as "Dorothy" instead of "Lorena," and her date of birth was recorded as "June 24, 1968" instead of "April 24, 1968." Sali asserted that she has always used the name "Lorena" and has been known by that name in her community. Procedural History: The Regional Trial Court (RTC), Branch 14, Baybay City, Leyte, granted Sali's petition for correction of entries under Rule 108 of the Rules of Court. The Republic of the Philippines, through the Office of the Solicitor General (OSG), appealed the RTC's decision to the Court of Appeals (CA), arguing that the RTC lacked jurisdiction because the petition did not state Sali's aliases. The CA affirmed the RTC's decision. The Republic then filed a petition for review on certiorari with the Supreme Court. The Petition: The Republic's petition for review on certiorari under Rule 45 of the Rules of Court argues that the CA erred in applying Rule 108 instead of Rule 103, thereby dispensing with the requirement of stating aliases in the petition's title. It also contends that Sali failed to exhaust administrative remedies. The Supreme Court partially granted the petition, affirming the CA's decision with modification. The Court ruled that the correction of Sali's first name should have been filed with the local civil registrar under Republic Act No. 9048, thus dismissing that part of the petition without prejudice. However, the correction of her birth date, filed before the effectivity of Republic Act No. 10172, was correctly handled under Rule 108.
Issue(s)
Whether the petition for correction of the first name "Dorothy" to "Lorena" falls under Rule 108 or Rule 103 of the Rules of Court, and whether the respondent failed to exhaust administrative remedies for this correction. Whether the petition for correction of the date of birth "June 24, 1968" to "April 24, 1968" falls under Rule 108 of the Rules of Court, and its procedural compliance.
Ruling
The petition is PARTIALLY GRANTED. The Court affirmed the CA decision with modification, dismissing the petition for correction of the first name without prejudice to its refiling with the local civil registrar, but upholding the correction of the date of birth.
Ratio Decidendi
On the applicable rule for correction of entries and exhaustion of administrative remedies for change of first name: The Court clarified that Sali's petition for correction of the first name was for correction of entries under Rule 108, not a change of name under Rule 103. The Court reiterated that corrections for clerical errors can be made under Rule 108. However, at the time Sali's petition was filed, R.A. No. 9048 was in effect, vesting primary jurisdiction over petitions for change of first name with the local civil registrar. Sali should have first filed a petition with the local civil registrar, and her failure to exhaust these administrative remedies meant the RTC should have dismissed this part of her petition. On the correction of the date of birth: The Court found that R.A. No. 9048 was inapplicable to the correction of Sali's birth date because R.A. No. 10172, which amended R.A. No. 9048 to include corrections of the day and month in the date of birth, was signed into law after Sali filed her petition. Consequently, Rule 108 remained the appropriate remedy for correcting the birth date at the time of filing. The Republic did not question this aspect of the petition, and the CA found that Sali had complied with the procedural requirements for an adversarial proceeding under Rule 108, including notice and publication. The RTC's decision to correct the birth date was therefore upheld.
Main Doctrine
A petition for the correction of a clerical error in the first name and date of birth in a Certificate of Live Birth falls under Rule 108 of the Rules of Court. However, if the correction sought is a change of first name, the primary jurisdiction lies with the local civil registrar under R.A. No. 9048, and administrative remedies must be exhausted before resorting to judicial action. For corrections in the day and month of the date of birth, R.A. No. 10172, amending R.A. No. 9048, now also allows administrative correction, but at the time the petition was filed, Rule 108 was the applicable remedy for such correction.