CIVIL REGISTER No Law Allows The Change of Entry In The Birth Certificate
As To Sex On the Ground of Sex Reassignment
Silverio vs. Republic
Petitioner invoked his sex reassignment as the ground for his petition for
change of name and sex. As found by the trial court:
Petitioner filed the present petition not to evade any law or judgment or
any infraction thereof or for any unlawful motive but solely for the purpose
of making his birth records compatible with his present sex.
Petitioner believes that after having acquired the physical features of a
female, he became entitled to the civil registry changes sought.
We disagree.
Before a person can legally change his given name, he must
present proper or reasonable cause or any compelling reason
justifying such change. In addition, he must show that he will be
prejudiced by the use of his true and official name.
A person’s first name cannot be changed on the ground of
sex reassignment.
ART. 376.
No person can change his name or surname without
judicial authority.
This Civil Code provision was amended by RA 9048 (Clerical
Error Law). In particular, Section 1 of RA 9048 provides:
SECTION 1.
Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname. –
No entry in a civil register shall be changed or corrected
without a judicial order, EXCEPT for clerical or
typographical errors.
RA 9048 now governs the change of first name.
It vests the power and authority to entertain petitions for change
of first name to the city or municipal civil registrar or consul
general concerned. Under the law, jurisdiction over applications
for change of first name is primarily lodged with the
aforementioned administrative officers.
The intent and effect of the law is to EXCLUDE the change of
first name from the coverage of Rules 103 (Change of Name)
and 108 (Cancellation or Correction of Entries in the Civil
Registry) of the Rules of Court, until and unless an
administrative petition for change of name is first filed and
subsequently denied. It likewise lays down the corresponding
venue, form and procedure. In sum, the remedy and the
proceedings regulating change of first name are primarily
administrative in nature, not judicial.
SECTION 4.
Grounds for Change of First Name or Nickname. –
The petition for change of first name or nickname may be
allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to
be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce;
(2) The new first name or nickname has been
habitually and continuously used by the
petitioner and he has been publicly known by
that first name or nickname in the community;
or
(3) The change will avoid confusion.
ART. 412.
No entry in the civil register shall be changed or corrected
without a judicial order.
Together with Article 376 of the Civil Code, this provision was
amended by RA 9048 in so far as clerical or typographical errors
are involved.
The correction or change of such matters can now be made
through administrative proceedings and without the need
for a judicial order.
In effect, RA 9048 removed from the ambit of Rule 108 of the
Rules of Court the correction of such errors. Rule 108 now applies
only to substantial changes and corrections in entries in the civil
register.
SECTION 2.
Definition of Terms. –
(3) "Clerical or typographical error" refers to a mistake
committed in the performance of clerical work in writing,
copying, transcribing or typing an entry in the civil register
that is harmless and innocuous, such as misspelled name or
misspelled place of birth or the like, which is visible to the eyes
or obvious to the understanding, and can be corrected or
changed only by reference to other existing record or records:
Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
Under RA 9048, a correction in the civil registry involving the
change of sex is NOT a mere clerical or typographical
error. It is a substantial change for which the applicable
procedure is Rule 108 of the Rules of Court.
To correct simply means "to make or set aright; to remove the
faults or error from" while to change means "to replace
something with something else of the same kind or with
something that serves as a substitute."
The birth certificate of petitioner contained no error. All entries
therein, including those corresponding to his first name and sex,
were all correct. No correction is necessary.
Under the Civil Register Law, a birth certificate is a historical
record of the facts as they existed at the time of birth. Thus, the
sex of a person is determined at birth, visually done by the birth
attendant (the physician or midwife) by examining the genitals
of the infant. Considering that there is no law legally recognizing
sex reassignment, the determination of a person’s sex made at
the time of his or her birth, if not attended by error, is immutable.
For these reasons, while petitioner may have succeeded in
altering his body and appearance through the intervention of
modern surgery, no law authorizes the change of entry as to sex
in the civil registry for that reason. Thus, there is no legal basis
for his petition for the correction or change of the entries in his
birth certificate.
Neither May Entries in the Birth Certificate As to First
Name or Sex Be Changed on the Ground of Equity
It is true that Article 9 of the Civil Code mandates that "no judge
or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the law."
However, it is not a license for courts to engage in judicial
legislation. The duty of the courts is to apply or interpret the law,
not to make or amend it.
 Republic vs. Cagandahan
Jennifer Cagandahan was registered as a female. In 2005, Jennifer’s
petition to change the entries in her birth certificate was granted. Thus,
trial court ordered that her sex be changed from FEMALE to MALE and her
first name from JENNIFER to JEFF. The basis of the grant was the fact that
Jennifer has a medical condition called Congenital Adrenal Hyperplasia
(CAH) which is a condition where persons thus afflicted possess both male
and female characteristics. Here, Jennifer has XX (female) chromosomes
but her body produces male hormones. Republic appealed the decision of
the trial court on the ground that Rule 103 and 108 were not complied with
(Local Civil Registrar was not impleaded and no proof of Jennifer’s
residence). It was also contended that her biological condition does not
make her a male (she still has female chromosomes).
ART. 412.
No entry in the civil register shall be changed or corrected
without a judicial order.
Together with Article 376 of the Civil Code, this provision was
amended by Republic Act No. 9048 in so far as clerical or
typographical errors are involved.
The correction or change of such matters can now be made
through administrative proceedings and without the need
for a judicial order.
In effect, Rep. Act No. 9048 removed from the ambit of Rule 108
of the Rules of Court the correction of such errors. Rule 108 now
applies only to substantial changes and corrections in entries in
the civil register.18
Under Rep. Act No. 9048, a correction in the civil registry
involving the change of sex is NOT a mere clerical or
typographical error. It is a substantial change for which the
applicable procedure is Rule 108 of the Rules of Court.
The entries envisaged in Article 412 of the Civil Code and
correctable under Rule 108 of the Rules of Court are those
provided in Articles 407 and 408 of the Civil Code:
ART. 407.
Acts, events and judicial decrees concerning the civil status of persons
shall be recorded in the civil register.
ART. 408.
The following shall be entered in the civil register:
(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or
(12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name.
The acts, events or factual errors contemplated under Article 407
of the Civil Code include even those that occur after birth.
Respondent undisputedly has CAH. CAH is one of many conditions that
involve intersex anatomy. In the instant case, if we determine respondent
to be a female, then there is no basis for a change in the birth certificate
entry for gender. But if we determine, based on medical testimony and
scientific development showing the respondent to be other than female,
then a change in the subject’s birth certificate entry is in order.
As for respondent’s change of name under Rule 103, SC held that a change
of name is not a matter of right but of judicial discretion, to be exercised
in the light of the reasons adduced and the consequences that will follow.
The trial court’s grant of respondent’s change of name from Jennifer to Jeff
implies a change of a feminine name to a masculine name. Considering the
consequence that respondent’s change of name merely recognizes his
preferred gender, we find merit in respondent’s change of name. Such a
change will conform with the change of the entry in his birth certificate
from female to male.
Corpuz vs. Sto. Tomas
Whether or not the recording of the divorce decree based on the mere
presentation of foreign divorce decree proper – NO
There must be a final order from a competent Philippine court
before a foreign judgment, dissolving a marriage, can be
registered with the civil registry.
For being contrary to law, the registration of the foreign divorce
decree without the requisite judicial recognition is patently void
and cannot produce any legal effect.
A petition for recognition of a foreign judgment is not the proper
proceeding contemplated under the Rules of Court for the
cancellation of entries in the civil registry.
Article 412 of the Civil Code declares that "no entry in a civil
register shall be changed or corrected, without judicial order."
The Rules of Court supplements Article 412 of the Civil Code by
specifically providing for a special remedial proceeding by which
entries in the civil registry may be judicially cancelled or
corrected.
Rule 108 of the Rules of Court sets in detail the jurisdictional
and procedural requirements that must be complied with before
a judgment, authorizing the cancellation or correction, may be
annotated in the civil registry. It also requires, among others,
1. that the verified petition must be filed with the
RTC of the province where the corresponding civil
registry is located;
2. that the civil registrar and all persons who have or
claim any interest must be made parties to the
proceedings;
3. and that the time and place for hearing must be
published in a newspaper of general circulation.
As these basic jurisdictional requirements have not been met in
the present case, we cannot consider the petition Gerbert filed
with the RTC as one filed under Rule 108 of the Rules of Court.
The recognition of the foreign divorce decree may be made in a
Rule 108 proceeding itself, as the object of special proceedings
(such as that in Rule 108 of the Rules of Court) is precisely to
establish the status or right of a party or a particular fact.
Moreover, Rule 108 of the Rules of Court can serve as the
appropriate adversarial proceeding by which the applicability of
the foreign judgment can be measured and tested in terms of
jurisdictional infirmities, want of notice to the party, collusion,
fraud, or clear mistake of law or fact.
Republic vs. Olaybar
Rule 108 of the Rules of Court provides the procedure for
cancellation or correction of entries in the civil registry. The
proceedings may either be summary or adversary.
è If the correction is clerical, then the procedure to be
adopted is summary.
è If the rectification affects civil status, citizenship or
nationality of a party, it is deemed substantial, then
the procedure to be adopted is adversary.
To be sure, a petition for correction or cancellation of an entry in
the civil registry cannot substitute for an action to invalidate a
marriage.
While we maintain that Rule 108 cannot be availed of to
determine the validity of marriage, SC cannot nullify the
proceedings before the trial court where all the parties had been
given the opportunity to contest the allegations of respondent;
the procedures were followed, and all the evidence of the parties
had already been admitted and examined.
 Bartolome vs. Republic
Petitioner filed a petition for change of name under Rule 103 of the Rules
of Court before the RTC, seeking "to correct the name 'Feliciano
Bartholome' as appearing in his birth certificate. He stated that he has been
using the name 'Ruben [Cruz] Bartolome' since his childhood."
Whether the change/correction sought in petitioner's first name, middle
name, and surname, as appearing in his birth certificate, from "Feliciano
Bartholome" to "Ruben Cruz Bartolome" should be filed under R.A. 9048,
Rule 103, or Rule 108 of the Rules.
The change sought is covered by R.A. 9048 and should have been
filed with the local civil registry of the city or municipality where
the record being sought to be corrected or changed is kept.
The inclusion of petitioner's middle name is covered by
R.A. 9048, as amended
While substantial corrections of entries in the civil register are
still covered by Rule 108, typographical or clerical corrections
must now be filed under R.A. 9048 as amended.

SC held that the CA and the OSG correctly found that the administrative
proceeding under R.A. 9048 applies to all corrections sought herein.
Application of Rules 103 and 108 in relation to R.A. 9048,
as amended by R.A. 10172
The rules may be summarized as follows:
1. A person seeking
(a) to change first name,
(b) to correct clerical or typographical errors in
the civil register,
(c) to change/correct the day and/or month of
his or her date of birth,
(d) to change/correct his or her sex, where it is
patently clear that there was a clerical or
typographical error or mistake,
Misspelled names or missing entries are clerical corrections if
they are visible to the eyes or obvious to the understanding and
if they may be readily verified by referring to the existing records
in the civil register. They must not, however, involve any change
in nationality, age or status.
In Republic v. Gallo, the Court unequivocally held that a
prayer to enter a person's middle name is a mere
clerical error, which may be corrected by referring to
existing records. Thus, it is primarily administrative in nature
and should be filed pursuant to R.A. 9048 as amended.
Applying the aforementioned ruling to the instant case therefore,
petitioner's prayer that his middle name, "Cruz" be entered, is a
mere clerical correction, and must therefore be likewise
undertaken through the administrative proceeding provided
under R.A. 9048.

è must first file a verified petition with the LOCAL
civil registry office of the city or municipality where
the record being sought to be corrected or changed
is kept, in accordance with the administrative
proceeding provided under R.A. 9048 in
relation to R.A. 10172.
è A person may only avail of the appropriate judicial
remedies under Rule 103 or Rule 108 in the
aforementioned entries after the petition in the
administrative proceedings is filed and later
denied.
2. A person seeking
(a) to change surname, or
(b) to change both first name and surname
è may file a petition for change of name under
Rule 103, provided that the jurisprudential grounds
are present.
3. A person seeking
• substantial cancellations or corrections of
entries in the civil registry
The correction in the spelling of petitioner's surname is
likewise covered by R.A. 9048, as amended
As to petitioner's allegedly misspelled surname, "Bartholome,"
may be readily corrected by merely referring to the existing
records of the civil registrar, such as the surnames of petitioner's
parents and immediate family members, the petition should have
been filed under R.A. 9048 and not under Rule 103 of the Rules.
It likewise follows that the petition should have been filed with
the local civil registry office of the city or municipality
where the record being sought to be corrected or changed
is kept, in accordance with Section 3 of R.A. 9048 and not in
accordance with the venue provided in Rule 103.
In sum, all changes sought by the petitioner fall within the ambit
of R.A. 9048.
Petitioner may only avail of the appropriate judicial remedies
when the changes/corrections sought through the administrative
proceeding are denied. By "appropriate," the Court holds that if
the prayer to administratively change petitioner's first name is
denied, the same may be brought under Rule 103 of the Rules of
Court. If the prayers to administratively correct petitioner's
middle name and surname are denied, the same may be brought
under Rule 108 of the Rules of Court.

è may file a petition for cancellation or correction of

entries under Rule 108.

The change of petitioner's first name is covered by R.A.

9048, as amended

While the grounds for change of name under Rule 103 are found in
jurisprudence, the grounds for change of first name or nickname are
expressly provided in R.A. 9048

SECTION 4.

Grounds for Change of First Name or Nickname. –

The petition for change of first name or nickname may be allowed in

any of the following cases:

(1) The petitioner finds the first name or nickname to be

ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been
publicly known by that first name or nickname in the
community; or
(3) The change will avoid confusion.