68 Republic V Dela Vega PDF

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m111111a \ MAR 11
THIRD DIVISION
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution
dated February 23, 2015, which reads as follows:
"G.R. No. 195873 (Republic of the Philippines v. Ronald Dela Vega

Vergara [Kris Anne Dela Vega Vergara/). - This treats of the petition for
review on certiorari of the Decision 1 of the Court of Appeals (CA), dated
February 28, 2011, in CA-G.R. CV No. 92666.
Subject of the instant petition is the "Petition for Correction of the

Entries in the Certificate of Live Birth" filed with the Regional Trial Court
(RTC) of Pasig by herein respondent Kris Anne Dela Vega Vergara seeking
the correction of her name from, "Ronald" to "Kris Anne," and her sex from
"Male" to "Female," as appearing in her Certificate of Live Birth.
Respondent alleged that she wa.s born on November 7, 1983 in Pasig

City and was baptized in accordance with the rites of the Roman Catholic
Church; that since her childhood, she has been using and still is using the
name KRIS ANNE DELA VEGA VERGARA as shown by her baptismal,
school and employment records; that, subsequently, upon securing a copy of
her Certificate of Live Birth from the National Statistics Office (NSO), she
learned that the name appearing on the entry with respect to the name of the
child is "RONALD" while the entry for her sex "M", referring to a male;
that she alleged that the erroneous entries might have been caused by
inadvertence on the part of the midwife who assisted her mother when she
gave birth.
The RTC took cognizance of the case, set it for hearing and directed
respondent to cause the publication of the Notice of Hearing of the petition
and to send a copy thereof, together with a copy of the petition, to the Office
of the Local Civil Registrar of Pasig City, Office of the Civil Registrar-
General and Office of the Solicitor General. On the day set for hearing, no
opposition was registered against the petition. Hence, upon her motion,
respondent was allowed to present evidence ex parte.
\ \
Penned by Associate Justice Vicente S.E. Veloso, with Associate Justices Francisco P. Acosta and
Danton Q. Buescr, concurring. .
195873 - over- (140)
;V
Resolution -2- G.R. No. 195873
February 23, 2015
On February 12, 2008, the RTC issued an Order granting respondent's

petition. .
Thereafter, the Republic of the Philippines (Republic), through the

Office of the Solicitor General ( OSG), filed an appeal with the CA
contending that the RTC did not acquire jurisdiCtion over the proceedings,
since the title of the petition did not contain respondent's aliases as required
by Rule 103 of the Rules of Court.
On February 28, 2011, the CA promulgated its assailed Decision

which dismissed the Republic's appeal.
Hence, the instant petition which the Court finds to be without merit.
Petitioner's argument is anchored on the supposition that the proper

Rule to be used Rule 103, not Rule 108 of the Rules of Court.
The Court does not agree.
The Comi finds no error on the part of the CA when it held that
respondent's petition is not for a change of name as contemplated under Rule
103 of the Rules of Court but for correction of entries under Rule 108 of the
same Rules. What respondent seeks is the correction of clerical errors which
were committed in the recording of her name and sex. This Court has held
that not all alterations allowed in one's name are confined under Rule 103
and that corrections for clerical errors may be set right under Rule i 08. 2
The evidence presented by respondent, to wit: baptismal certificate,

certificate of confirmation, school and employment records as well as NBI
clearance, indeed shows that, since birth, she has been using the name "Kris
Anne." As. to he-r sex, she presented medical and laboratory reports to show
that she is, biologically, a female. Respondent's mother also testified that she
and her husband do not have any son by the name of "Ronald" and that they
only have two children - herein respondent and Christian Gregor who was
born on April 17, 1986. Thus; it is evident. from the foregoing that
respondent never had any intention to change her name and sex. What she
seeks is simply the removal of the clerical fault or error in her registered sex
and given name, and to set aright the same to conform to her real sex and
the name she grew up with.
Republic v. Mercadera, 652 Phil. 195, 210 (20 I 0).
195873 (14())
- over -
AL/
/&V
-3- G.R. No. 195873
Resolution
February 23, 2015
In any event, even granting that Rule 103 applies to this case, it still
cannot be denied that respondent complied with the requirements for an
adversarial proceeding before the RTC. The publication and posting of the
notice of hearing in a newspaper of general circulation and the notices sent
to the OSG, the Civil Registrar-General and the Local Civil Registrar of
Pasig City are sufficient indicia of an adverse proceeding. The fact that no
one opposed the petition, including the OSG, did not deprive the court of its
jurisdiction to hear the same and did not make the proceeqings less
adversarial in nature. Considering that the OSG did not oppose the petition
and the motion to present respondent's evidence ex parte when it had the
opportunity to do so, it cannot now complain that the proceedings in the
lower court were defective. 3 In this regard, this Court adheres to the
principle that even substantial errors in a civil registry may be corrected and
the true facts under Rule 108 provided the parties aggrieved by
the error avail themselves of the appropriate proceeding. 4
WHEREFORE, finding no reversible error in the Decision sought to

be reviewed, the instant petition is DENIED. The Decision of the Court of
Appeals, dated February 28, 2011, in CA-G.R. CV No. 92666, is
AFFIRMED. (Jardeleza, J., no part; Leonen, J., designated Acting Member,
per Raffle dated February 23, 2015) ..
SO ORDERED."
Very truly yours,
n Clerk ofCoup
OFFICE OF THE SOLICITOR GENERAL Atty. Melissa Anne A. Cruz-Bravo

134 Amorsolo Street Counsel for Respondent
Legaspi Village, 1229 Makati City No. 71-A, M.H. Del Pilar Street
Pinagbuhatan, 1602 Pasig City
COURT OF APPEALS
CAG.R. CV No. 92666 PUBLIC INFORMATION OFFICE
1000 Manila LIBRARY SERVICES
Supreme Court, Manila
Ms. Kris Anne Dela Vega Vergara and/or [For uploading pursuant to A.M. 12-7-1-SC]
Ronald Dela Vega Vergara
No. 99 M.H. del Pilar Street Judgment Division
Pinagbuhatan, 1600 Pasig City JUDICIAL RECORDS OFFICE
Supreme Court, Manila
The Presiding Judge
REGIONAL TRIAL COURT
Branch 152, 1600 Pasig City
(Sp. Proc. Case No. 11723)
Id at214.
4
Id at 213; also see Republic v. Valencia, 225 Phil. 408, 413 ( 1986).
195873 (140)

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l\tpUblft Of tbt

iPuprtmt Court 1D ..ta1ffilrnl...:cilTI\\

"G.R. No. 195873 (Republic of the Philippines v. Ronald Dela Vega

Subject of the instant petition is the "Petition for Correction of the

Respondent alleged that she wa.s born on November 7, 1983 in Pasig

195873 - over- (140)

On February 12, 2008, the RTC issued an Order granting respondent's

Thereafter, the Republic of the Philippines (Republic), through the

On February 28, 2011, the CA promulgated its assailed Decision

Petitioner's argument is anchored on the supposition that the proper

The Court does not agree.

The evidence presented by respondent, to wit: baptismal certificate,

Republic v. Mercadera, 652 Phil. 195, 210 (20 I 0).

WHEREFORE, finding no reversible error in the Decision sought to

OFFICE OF THE SOLICITOR GENERAL Atty. Melissa Anne A. Cruz-Bravo

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