This case has been cited 2 times or more.
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2010-12-08 |
MENDOZA, J. |
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| Indeed, there are decided cases involving mistakes similar to Mercadera's case which recognize the same a harmless error. In Yu v. Republic[37] it was held that "to change `Sincio' to `Sencio' which merely involves the substitution of the first vowel `i' in the first name into the vowel `e' amounts merely to the righting of a clerical error." In Labayo-Rowe v. Republic,[38] it was held that the change of petitioner's name from "Beatriz Labayo/Beatriz Labayu" to "Emperatriz Labayo" was a mere innocuous alteration wherein a summary proceeding was appropriate. In Republic v. Court of Appeals, Jaime B. Caranto and Zenaida P. Caranto, the correction involved the substitution of the letters "ch" for the letter "d," so that what appears as "Midael" as given name would read "Michael." In the latter case, this Court, with the agreement of the Solicitor General, ruled that the error was plainly clerical, such that, "changing the name of the child from `Midael C. Mazon' to `Michael C. Mazon' cannot possibly cause any confusion, because both names can be read and pronounced with the same rhyme (tugma) and tone (tono, tunog, himig)."[39] | |||||
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2007-07-03 |
AZCUNA, J. |
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| Furthermore, as petitioners correctly submit, no substantial change or correction in an entry in a civil register can be made without a judicial order, and, under the law, a change in citizenship status is a substantial change. In Labayo-Rowe v. Republic,[14] this Court held that:Changes which affect the civil status or citizenship of a party are substantial in character and should be threshed out in a proper action depending upon the nature of the issues in controversy, and wherein all the parties who may be affected by the entries are notified or represented and evidence is submitted to prove the allegations of the complaint, and proof to the contrary admitted.[15] Republic Act No. 9048 provides in Section 2 (3) that a summary administrative proceeding to correct clerical or typographical errors in a birth certificate cannot apply to a change in nationality. Substantial corrections to the nationality or citizenship of persons recorded in the civil registry should, therefore, be effected through a petition filed in court under Rule 108 of the Rules of Court.[16] | |||||