Francler P. Onde vs.

Office of the Local Civil Registration of Las Pinas

GR No. 197174
September 10, 2014
Villarama, Jr. J.

Facts:
This is a petition for review on certiorari of the orders of the RTC Las Pinas in Special Proceedings Case No. 10-
0043. The RTC dismissed the case filed by petitioner Francler P. Onde for correction of entries in his certificate of
live birth.

Procedural History:
Petitioner filed a petition for correction of entries in his certificate of live birth before the RTC and named the
Office of the Local Civil Registrar of Las Pinas City as sole respondent. Petitioner alleged that he is the illegitimate
child of his parents Guillermo A. Onde and Matilde DC Pakingan, but his birth certificate stated that his parents
were married. His birth certificate also stated that his mother's first name is Tely and that his first name is Franc
Ler. He prayed that the following entries on his birth certificate be corrected: (1) Date and place of marriage of his
parents to not married; (2) First name of his mother from Tely to Matilde and; (3) His first name from Franc Ler to
Francler

RTC Ruling: Dismissed the petition for correction of entries on the ground that it is insufficient in form and
substance. It rules that the proceedings must be adversarial since the first correction is substantial in nature and
would affect petitioner’s status as a legitimate child. It was further held that the correction in the first name of
petitioner and his mother can be done by the city civil registrar under Republic Act (R.A.) No. 9048

Issue:
1. Whether or not the RTC erred in ruling that the correction on the first name of petitioner and his mother
can be done by the city civil registrar under R.A. No. 9048;
2. Whether or not the RTC erred in ruling that correcting the entry on petitioner’s birth certificate that his
parents were married on December 23, 1983 in Bicol to "not married" is substantial in nature requiring
adversarial proceedings;
3. Whether or not the RTC erred in dismissing the petition for correction of entries

Ruling:
First Issue
The Court agrees with the RTC that the first name of petitioner and his mother as appearing in his birth certificate
can be corrected by the city civil registrar under R.A. No. 9048. We note that petitioner no longer contested the
RTC’s ruling on this point. Under Section 1 of RA 9048, clerical or typographical errors on entries in a civil register
can be corrected and changes of first name can be done by the concerned city civil registrar without need of a
judicial order. Under RA No. 9048, jurisdiction over applications for change of first name is now primarily lodged
with administrative officers. The intent and effect of said law is to exclude the change of first name from the
coverage of Rules 103 and 108 of the Rules of Court, until and unless an administrative petition for change of name
is first filed and subsequently denied. The remedy and the proceedings regulating change of first name are
primarily administrative in nature, not judicial.

Second Issue
The Court agrees with the RTC in ruling that correcting the entry on petitioner’s birth certificate that his parents
were married on December 23, 1983 in Bicol to "not married" is a substantial correction requiring adversarial
proceedings. Said correction is substantial as it will affect his legitimacy and convert him from a legitimate child to
an illegitimate one. Corrections of entries in the civil register including those on citizenship, legitimacy of paternity
or filiation, or legitimacy of marriage, involve substantial alterations. Substantial errors in a civil registry may be
corrected and the true facts established provided the parties aggrieved by the error avail themselves of the
appropriate adversary proceedings.

Third Issue
The Court agrees in dismissing the petition for correction of entries. As mentioned, petitioner no longer contested
the RTC ruling that the correction he sought on his and his mother’s first name can be done by the city civil
 registrar. Under the circumstances, we are constrained to deny his prayer that the petition for correction of entries
before the RTC since the same petition includes the correction he sought on his and his mother’s first name.
Case Title Facts Issue(s) Ruling Analysis
Francler P. Onde vs. Petitioner filed a petition 1. Whether or First Issue First Issue
Office of the Local for correction of entries not the RTC The RTC Las Pinas Under Section 1 of RA 9048,
Civil Registration of in his certificate of live erred in did not err in clerical or typographical errors
Las Pinas birth before the RTC. ruling that ruling that the on entries in a civil register can
GR No. 197174 the first name of be corrected and changes of first
September 10, 2014 He prayed that the correction petitioner and his name can be done by the
Villarama, Jr. J. following entries on his on the first mother as concerned city civil registrar
birth certificate be name of appearing in his without need of a judicial order.
corrected: (1) Date and petitioner birth certificate Under RA No. 9048, jurisdiction
place of marriage of his and his can be corrected over applications for change of
parents to not married; mother can by the city civil first name is now primarily
(2) First name of his be done by registrar under lodged with administrative
mother from Tely to the city civil R.A. No. 9048 officers. The remedy and the
Matilde and; (3) His first registrar proceedings regulating change of
name from Franc Ler to under R.A. Second Issue first name are primarily
Francler. No. 9048 The RTC Las Pinas administrative in nature, not
2. Whether or did not err in judicial.
RTC dismissed the not the RTC ruling that
petition on the ground erred in correcting the Second Issue
that it is insufficient in ruling that entry on The correction is substantial as it
form and substance correcting petitioner’s birth will affect his legitimacy and
the entry on certificate that his convert him from a legitimate
petitioner’s parents were child to an illegitimate one.
birth married on Corrections of entries in the civil
certificate December 23, register including those on
that his 1983 in Bicol to citizenship, legitimacy of
parents "not married" is a paternity or filiation, or
were substantial legitimacy of marriage, involve
married on correction substantial alterations.
December requiring Substantial errors in a civil
23, 1983 in adversarial registry may be corrected and
Bicol to "not proceedings the true facts established
married" is provided the parties aggrieved
substantial Third Issue by the error avail themselves of
in nature The RTC Las Pinas the appropriate adversary
requiring did not err in proceedings.
adversarial dismissing the
proceedings petition for Third Issue
3. Whether or correction of Petitioner no longer contested
not the RTC entries the RTC ruling that the
erred in correction he sought on his
dismissing and his mother’s first name
the petition can be done by the city civil
for registrar. Under the
correction of circumstances, we are
entries constrained to deny his
prayer that the petition for
correction of entries before
the RTC herein stated since
the same petition includes
the correction he sought on
his and his mother’s first
name.