G.R. No. 186027 December 8, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, vs. MERLYN MERCADERA through her Attorney-in-Fact, EVELYN M. OGA, Respondent.

Republic of the Philippines vs Merlyn Mercadera

GR 186027 December 08, 2010

Merlyn Mercadera sought the correction of her given name as it appeared in her Certificate of Live Birth - from Marilyn L. Mercadera to Merlyn L. Mercadera before the Office of the LCR of Dipolog City pursuant to R.A. No. 9048, as she never used the name "Marilyn" in any of her public or private transactions. However, it refused to effect the correction unless a court order was obtained because the Civil Registrar therein is not yet equipped with a permanent appointment before he can validly act on petitions for corrections filed before their office as mandated by RA 9048.

Mercadera was then constrained to file a Petition For Correction of Some Entries as Appearing in the Certificate of Live Birth under Rule 108 before the RTC of Dipolog City.

The OSG posits that the conversion from "MARILYN" to "MERLYN" is not a correction of an innocuous error but a material correction tantamount to a change of name which entails a modification or increase in substantive rights. For the OSG, this is a substantial error that requires compliance with the procedure under Rule 103, and not Rule 108. 

Whether or not the petition correctly falls under Rule 108

Yes. The petition filed by Mercadera before the RTC correctly falls under Rule 108 as it simply sought a correction of a misspelled given name. 

Rule 103 procedurally governs judicial petitions for change of given name or surname, or both, pursuant to Article 376 of the Civil Code.This rule provides the procedure for an independent special proceeding in court to establish the status of a person involving his relations with others, that is, his legal position in, or with regard to, the rest of the community. In petitions for change of name, a person avails of a remedy to alter the "designation by which he is known and called in the community in which he lives and is best known." When granted, a person’s identity and interactions are affected as he bears a new "label or appellation for the convenience of the world at large in addressing him, or in speaking of, or dealing with him." Judicial permission for a change of name aims to prevent fraud and to ensure a record of the change by virtue of a court decree. The proceeding under Rule 103 is also an action in rem which requires publication of the order issued by the court to afford the State and all other interested parties to oppose the petition. When complied with, the decision binds not only the parties impleaded but the whole world.

Rule 108, on the other hand, implements judicial proceedings for the correction or cancellation of entries in the civil registry pursuant to Article 412 of the Civil Code. Entries in the civil register refer to "acts, events and judicial decrees concerning the civil status of persons,” also as enumerated in Article 408 of the same law.

The "change of name" contemplated under Article 376 and Rule 103 must not be confused with Article 412 and Rule 108. A change of one’s name under Rule 103 can be granted, only on grounds provided by law. In order to justify a request for change of name, there must be a proper and compelling reason for the change and proof that the person requesting will be prejudiced by the use of his official name. To assess the sufficiency of the grounds invoked therefor, there must be adversarial proceedings

In petitions for correction, only clerical, spelling, typographical and other innocuous errors in the civil registry may be raised. Considering that the enumeration in Section 2, Rule 108 also includes "changes of name," the correction of a patently misspelled name is covered by Rule 108. Suffice it to say, not all alterations allowed in one’s name are confined under Rule 103. Corrections for clerical errors may be set right under Rule 108. 

To correct simply means "to make or set aright; to remove the faults or error from." To change means "to replace something with something else of the same kind or with something that serves as a substitute." In this case, the use of the letter "a" for the letter "e," and the deletion of the letter "i," so that what appears as "Marilyn" would read as "Merlyn" is patently a rectification of a name that is clearly misspelled.