BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 108
CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY
SECTIONS 1-4
SECTION 1. Who may file petition.
Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located.
How may correction of entries be effected?
1. without Judicial Authority, An administrative proceeding governed by RA 9048
2. Through Judicial Proceeding governed by Rule 108.
- under this proceeding it may either be Summary or Adversary in
character.
SECTION 2. Entries subject to cancellation or correction.
Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected:
(a) births:
(b) marriage;
(c) deaths;
(d) legal separations;
(e) judgments of annulments of marriage;
(f) judgments declaring marriages void from the beginning;
(g) legitimations;
(h) adoptions;
(i) acknowledgements of natural children;
(j) naturalization;
(k) election, loss or recovery of citizenship;
(l) civil interdiction;
(m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and
(o) changes of name.
SECTION 3. Parties.
When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.
Why must the local civil registrar be impleaded in a petition for a substantial correction of entry under this rule?
Because Local Civil Registrar is an indespensable party without whom no final determination of the case be had.
SECTION 4. Notice and publication.
Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.
Publication Sufficient to Include All Interested Parties
Jurisdiction over the parties was properly acquired through the notice by publication effected in conformity with Section 4 of Rule 108. Doubt may always be cast as to whether a petitioner under Rule 108 would know of all the parties whose interests may be affected by the granting of a petition.
SECTIONS 5-7
SECTION 5. Opposition.
The following are entitled to oppose:
a. The civil registrar;
b. Any person having claims or interest
Note:
They are given within 15 days from the last day of publication of such notice of hearing, may file their opposition thereto.
SECTION 6. Expediting proceedings.
The court in which the proceeding is brought may
a. issue orders expediting the proceedings;
b. grant preliminary injunction for reservation of rights of parties pending such proceedings.
SECTION 7. Order.
After hearing, the court may either:
a. Either dismiss the petition; or
b. Issue an order granting the cancellation or correction prayed for.
Note:
In either case, a certified copy of the order shall be served upon the civil register concern who in turn shall annotate the same in the registry records.
A reading of Sections 4 and 5, Rule 108 of the Rules of Court shows that the Rules mandate two sets of notices to different potential oppositors: one given to the persons named in the petition and another given to other persons who are not named in the petition but nonetheless may be considered interested or affected parties. Summons must, therefore, be served not for the purpose of vesting the courts with jurisdiction but to comply with the requirements of fair play and due process to afford the person concerned the opportunity to protect his interest if he so chooses.
While there may be cases where the Supreme Court held that the failure to implead and notify the affected or interested parties may be cured by the publication of the notice of hearing, earnest efforts were made by petitioners in bringing to court all possible interested parties. Such failure was likewise excused where the interested parties themselves initiated the corrections proceedings; when there is no actual or presumptive awareness of the existence of the interested parties; or when a party is inadvertently left out.
It is clear from the foregoing discussion that when a petition for cancellation or correction of an entry in the civil register involves substantial and controversial alterations, including those on citizenship, legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the requirements of Rule 108 of the Rules of Court is mandated. If the entries in the civil register could be corrected or changed through mere summary proceedings and not through appropriate action wherein all parties who may be affected by the entries are notified or represented, the door to fraud or other mischief would be set open, the consequence of which might be detrimental and far reaching. (REPUBLIC vs. DR. UY [2013]).