G.R. No. 55380, Sept. 26, 1994
- GENERAL RULE: Rule 108, Rules of Court justifies the correction of innocuous or clerical errors apparent on the face of the record and capable of being corrected by mere reference to it.
- EXCEPTION: 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.
FACTS:
Petitioner Gliceria Zapanta is the widow of Florencio B. Zapanta. When Florencio died, the local civil registrar of Davao City issued a death certificate. However, she found that the name appearing therein was “Flaviano Castro Zapanta” albeit the date of death and all other circumstances and information reflected therein clearly and conclusively revealed that the person referred to therein was no other than her late husband, Florencio. Gliceria, therefore, filed a petition for correction of entry in the register of death. The trial court dismissed the petition on the ground that the correction of the name “Flaviano Castro Zapanta” to “Florencio B. Zapanta” was not merely clerical but substantial in nature.
ISSUE:
- Whether or not the trial court committed reversible error
HELD:
The Supreme Court held in the affirmative.
The general perception was that the judicial proceeding under Art. 412 of the Civil Code, implemented by Rule 108 of the Rules of Court, could only justify the correction of innocuous or clerical errors apparent on the face of the record and capable of being corrected by mere reference to it, such as misspellings and obvious mistakes.
However, in later cases, the Court has held that it 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.
Adversary Proceeding, defined
Black’s Law Dictionary defines “adversary proceeding” as follows:
One having opposing parties; contested, as distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it...”
Thus, provided the trial court has conducted proceedings where all relevant facts have been fully and properly developed, where opposing counsel has been given opportunity to demolish the opposite party’s case, and where the evidence has been thoroughly weighed and considered, the suit or proceeding is “appropriate.”
