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The intent and effect of the law is to exclude the change of first name from the coverage of Rule 103 (Change of Name) and Rule 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an administrative petition for change of name is first filed and subsequently denied.[15]^[1] It likewise lays down the corresponding venue, form and procedure. In sum, the remedy and the proceedings regulating change of first name are primarily administrative in nature, not judicial.^[2]

RA 9048 removed from the ambit of Rule 108 of the Rules of Court the correction of clerical or typographical errors. Rule 108 now applies only to substantial changes and corrections in entries in the civil register.^[3] Under Republic Act No. 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court.^[4]

See also

• Rule 103
• Change of Name

References

1. ↑ Silverio vs. Republic of the Philippines, G.R. No. 174689, 22 October 2007, citing the last paragraph of Section 7 of RA 9048
2. ↑ Silverio vs. Republic of the Philippines, G.R. No. 174689, 22 October 2007
3. ↑ Silverio vs. Republic of the Philippines, G.R. No. 174689, 22 October 2007
4. ↑ Silverio vs. Republic of the Philippines, G.R. No. 174689, 22 October 2007, citing Wang v. Cebu City Civil Registrar, G.R. No. 159966, 30 March 2005, 454 SCRA 155