V.

Funeral - (New Civil Code, Book I, Title X)

Arts. 305-310 New Civil Code

EXCLUDE: Care and Education of Children, Arts. 356-363

VI. Use of Surnames (New Civil Code, Book I, Title XIII)

Arts. 364-369, 369-380 New Civil Code (other articles repealed by Family Code)

VII. Absence – (New Civil Code, Book I, Title XIV)

Art. 43 New Civil Code; Art. 41 Family Code

A. Provisional measures in Case of Absence- Arts. 381-383

B. Declaration of Absence- Arts. 384-389
C. Administration of the Property of the Absentee- Arts. 387- 389
D. Presumption of Death - Arts. 390-392

EXCLUDE: Arts. 393-396, contingent assets

VIII. Civil Register (New Civil Code, Book I, Title XVI)

A. Arts. 407-413
B. RA 9048-clerical errors
C. Rule 108, Rules of Court

EXCLUDE: Act. No. 375, IRR of RA 9048

Case Studies:

Lee vs. CA (367 SCRA 110)

Re: Article 412, NCC (Change of Entries in Civil Registry, Rule 108, Rules of Court) and
Republic Act 9048 (Correction of Clerical/Typographical Errors). Petition by respondents in a
special proceedings under Rule 108, Rules of Court for cancellation/correction of the records of
birth of the illegitimate children of the father of the respondent, who were falsely recorded as full
blood, legitimate brothers/sisters of respondents held valid. R.A. 9048 substantially
amended Article 412, NCC as clerical/typographical error can now be corrected without need of
judicial order, but may be changed/corrected by the civil registrar or consul general. Hence, what
is left for Rule 108 are substantial changes and corrections in entries of the civil register, provided,
however, that the appropriate adversarial proceedings under said rule be observed.

Thus, the entries enumerated in Article 408 NCC like births, marriages, deaths x x x
changes of names, including nationality may be changed/corrected under Article 412 NCC and
Rule 108, Rules of Court. Lastly, the prescriptive period is five (5) years, counted not from the
erroneous entry in the records of the Civil Registrar, but from discovery of the same by the
aggrieved party, applying Article 1149, NCC when period is not fixed by law.

Republic vs. Valencia (141 SCRA 462)

 Re: Article 412, NCC and Rule 108, Rules of Court (En Banc). Pursuant to Rule 108, Rules
of Court, Citizenship and status of the respondents as entered in the records of the Civil Registrar
may be corrected, as “Chinese” to “Filipino” and “legitimate” to “illegitimate” provided that
there is adversarial proceeding where all the parties in interest are notified and represented.

Silverio vs. Republic (537 SCRA 373)

Re: Art. 412 NCC, Rule 108, Rules of Court, Republic Act 9048. A person’s first name
cannot, under R.A. 9048 be changed on the ground of sex reassignment thru surgery, and no law
allows the change of entry in the birth certificate as to the sex, from male to female, on the ground
of sex reassignment thru surgery. The sex of a person is determined at birth. Since there is no
law recognizing sex reassignment, the Petition to Change First Name from “Rommel” to “Mely”
and sex from “male” to “female” is denied.

Republic vs. Cagandahan (565 SCRA 72)

In the case of a person, who was born “intersex” with “Congenital Adrenal Hyperplasia”
(CAH) at birth, with neither categorically and consistently female nor categorically and
consistently male composition, and who later developed normally and naturally more pronounced
male composition, a petition to change sex from “female” to “male” and name from “Jennifer”
to “Jeff” was granted.