SPECIAL PROCEEDINGS | Republic v. Dela Vega Vergara, [Res.], G.R. No. 195873, 23 February 2015

Republic v. Dela Vega Vergara, [Res.], 

G.R. No. 195873, 23 February 2015


FACTS Respondent, Kris Anne Dela Vega Vergara, alleged that she was born on Nov. 7, 1983 in Pasig City and was baptized in a Roman Catholic Church. Since childhood, she has been using and is still using the name KRIS ANNE DELA VEGA VERGARA as also shown in her baptismal, school and employment records.  However, in her NSO Certificate of Live Birth, the name appearing is “RONALD” and the sex is “M”, referring to a male.  RTC took cognizance of the case. No opposition from was registered. RTC granted the petition.  The Republic, through the Office of the Solicitor General (OSG), filed an appeal to CA arguing that RTC didn’t acquire jurisdiction of the case, pursuant to Rule 103 of the Rules of Court.  CA dismissed the Republic’s appeal. Whether the request of respondent is correction of clerical error (Rule 108 of ROC) and not change of name (Rule 103 of ROC).


HELD Yes. SC ruled that not all alterations allowed in one’s name are confined under Rule 103 and that corrections for clerical error may be set right under Rule 108. SC adheres to the principle that even substantial errors in a civil registry may be corrected and the true facts established under Rule 108 provided the parties aggrieved by the error avail themselves of the appropriate adversary proceeding.  


Here, what the respondent seeks is the correction of clerical errors which were committed in the recording of her name and sex, not a change of name under Rule 103. The evidence presented, including NBI clearance, indeed shows that, since birth, she has been using the name “Kris Anne”. As to her sex, she presented medical and laboratory reports to show that she is, biologically, a female.








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