CASE No. 234 Republic of The Philippines vs. Michelle Soriano Gallo

G.R. No.
207074 January 17, 2018

Republic of the Philippines, Petitioner
vs.
Michelle Soriano Gallo, Respondent
Leonen, J.:
FACTS:
Gallo prayed before the RTC of Ilagan City, Isabela for the correction of her name from
"Michael" to "Michelle" and of her biological sex from "Male" to "Female" under Rule 108 of
the Rules of Court. In addition, Gallo asked for the inclusion of her middle name, "Soriano"; her
mother's middle name, "Angangan"; her father's middle name, "Balingao"; and her parent's
marriage date, May 23, 1981, in her Certificate of Live Birth, as these were not recorded. As
proof, she attached to her petition copies of her diploma, voter's certification, official transcript
of records, medical certificate, mother's birth certificate, and parents' marriage certificate.
The doctor who examined her also certified that she was female. On cross-examination,
Gallo explained that she never undertook any gender-reassignment surgery and that she filed the
petition not to evade any civil or criminal liability, but to obtain a passport. The RTC granted the
petition. The Office of the Solicitor General appealed, alleging that the applicable rule should be
Rule 103 of the Rules of Court for Petitions for Change of Name.
ISSUES: 1. Whether or not the change sought by Michelle Soriano Gallo is substantive and not a
mere correction of error. (NO)
2. Whether or not Michelle Soriano Gallo's petition involves a substantive change under Rule
103 of the Rules of Court instead of mere correction of clerical errors. (NO)
HELD:
1. Time and again, it has been held that this Court is not a trier of facts. Thus, its
functions do not include weighing and analyzing evidence adduced from the lower courts
all over again. By qualifying the definition of a clerical, typographical error as a mistake
"visible to the eyes or obvious to the understanding," the law recognizes that there is a
factual determination made after reference to and evaluation of existing documents
presented.
Thus, corrections may be made even though the error is not typographical if it is
"obvious to the understanding," even if there is no proof that the name or circumstance in
the birth certificate was ever used. This Court agrees with the Regional Trial Court's
determination, concurred in by the Court of Appeals, that this case involves the
correction of a mere error. As these are findings of fact, this Court is bound by the lower
courts' findings.
2. In any case, Rule 103 of the Rules of Court does not apply to the case at bar. The
change in the entry of Gallo's biological sex is governed by Rule 108 of the Rules of
Court while Republic Act No. 9048 applies to all other corrections sought.
Under Article 407 of the Civil Code, the books in the Civil Register include "acts,
events and judicial decrees concerning the civil status of persons," which are prima facie
evidence of the facts stated there.
Entries in the register include births, marriages, deaths, legal separations,
annulments of marriage, judgments declaring marriages void from the beginning,
legitimations, adoptions, acknowledgments of natural children, naturalization, loss or
recovery of citizenship, civil interdiction, judicial determination of filiation, voluntary
emancipation of a minor, and changes of name.
As stated, the governing law on changes of first name is currently Republic Act
No. 10172, which amended Republic Act No. 9048. Prior to these laws, the controlling
provisions on changes or corrections of name were Articles 376 and 412 of the Civil
Code.
Article 376 states the need for judicial authority before any person can change his
or her name. On the other hand, Article 412 provides that judicial authority is also
necessary before any entry in the civil register may be changed or corrected.
Under the old rules, a person would have to file an action in court under Rule 103
for substantial changes in the given name or surname provided they fall under any of the
valid reasons recognized by law, or Rule 108 for corrections of clerical errors.
Applying Article 412 of the Civil Code, a person desiring to change his or her
name altogether must file a petition under Rule 103 with the Regional Trial Court, which
will then issue an order setting a hearing date and directing the order's publication in a
newspaper of general circulation. After finding that there is proper and reasonable cause
to change his or her name, the Regional Trial Court may grant the petition and order its
entry in the civi1 register.
On the other hand, Rule 108 applies when the person is seeking to correct clerical
and innocuous mistakes in his or her documents with the civil register. It also governs the
correction of substantial errors in the entry of the information enumerated in Section 2 of
this Rule and those affecting the civil status, citizenship, and nationality of a person. The
proceedings under this rule may either be summary, if the correction pertains to clerical
mistakes, or adversary, if it pertains to substantial errors.
Following the procedure in Rule 103, Rule 108 also requires a petition to be filed
before the Regional Trial Court. The trial court then sets a hearing and directs the
publication of its order in a newspaper of general circulation in the province. After the
hearing, the trial court may grant or dismiss the petition and serve a copy of its judgment
to the Civil Registrar.
DISPOSITION:
WHEREFORE, premises considered, the petition is DENIED. The April 29, 2013
Decision of the Court of Appeals in CA-G.R. CV No. 96358 is AFFIRMED. The Petition for
Correction of Entry in the Certificate of Live Birth of Michelle Soriano Gallo is GRANTED.
This Court directs that the Certificate of Live Birth of Michelle Soriano Gallo be corrected as
follows:
1) Correct her first name from "Michael" to "Michelle";
2) Correct her biological sex from "Male" to "Female";
3) Enter her middle name as "Soriano";
4) Enter the middle name of her mother as "Angangan";
5) Enter the middle name of her father as "Balingao"; and
6) Enter the date of her parents' marriage as "May 23, 1981."

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G.R. No.

207074 January 17, 2018

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