Republic of the Philippines Vs. Virgie (Virgel) L. Tipay G.R. No. 209527. February 14, 2018

Republic of the Philippines Vs. Virgie (Virgel) L. Tipay G.R. No. 209527. February 14, 2018

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63963

Reyes

Issues
Rule 108 of the Rules of Court governs the procedure for the correction of substantial changes in the civil registry. This Court adheres to the principle that even 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 proceeding. The RTC was correct in taking cognizance of the petition for correction of entries in Virgel’s birth certificate.

Unfortunately, however, when Virgel filed the petition for correction with the RTC in 2009, R.A. No. 10172 was not yet in effect.

As such, to correct the erroneous gender and date of birth in Virgel's birth certificate, the proper remedy was to commence the appropriate adversarial proceedings with the RTC, pursuant to Rule 108 of the Rules of Court. An appropriate adversary suit or proceeding is one where the trial court has conducted proceedings where all relevant facts have been fully and properly developed, where opposing counsel have been given opportunity to demolish the opposite party's case, and where the evidence has been thoroughly weighed and considered.

Decisions
WHEREFORE, premises considered, the petition for review on certiorari is DENIED. The Decision dated October 9, 2013 of the Court of Appeals in CA-G.R. CV No. 02286 is AFFIRMED, only insofar as the corrections of the following entries in the birth certificate are concerned: (a) first name, from "Virgie" to "Virgel;" and (b) gender, from "FEMALE" to "MALE."