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

ARTICLE 407. Acts, events and judicial decrees concerning the civil status of
persons shall be recorded in the civil register. (325a)

Republic of the Phils. vs. Jennifer B. Cagandahan, G.R. No. 166676, September 12, 2008

Hubert Tan Co vs. Civil Register of Manila, G.R. No. 138496, February 23, 2004

Sex reassignment is not among those acts or events mentioned by law.

Article 407 of the Civil Code authorizes the entry in the civil registry of certain acts (such as legitimations,
acknowledgments of illegitimate children and naturalization), events (such as births, marriages,
naturalization and deaths) and judicial decrees (such as legal separations, annulments of marriage,
declarations of nullity of marriages, adoptions, naturalization, loss or recovery of citizenship, civil
interdiction, judicial determination of filiation and changes of name). These acts, events and judicial
decrees produce legal consequences that touch upon the legal capacity, status and nationality of a person.
Their effects are expressly sanctioned by the laws. In contrast, sex reassignment is not among those acts
or events mentioned in Article 407. Neither is it recognized nor even mentioned by any law, expressly or
impliedly. ---- Rommel Jacinto Dantes Silverio vs. Republic of the Phil., G.R. No. 174689, October 19,
2007

The term "sex" is not something alterable through surgery or something that allows a post-operative
male-to-female transsexual to be included in the category "female."

When words are not defined in a statute they are to be given their common and ordinary meaning in the
absence of a contrary legislative intent. The words "sex," "male" and "female" as used in the Civil Register
Law and laws concerning the civil registry (and even all other laws) should therefore be understood in
their common and ordinary usage, there being no legislative intent to the contrary. In this connection, sex
is defined as "the sum of peculiarities of structure and function that distinguish a male from a female" or
"the distinction between male and female." Female is "the sex that produces ova or bears young" and
male is "the sex that has organs to produce spermatozoa for fertilizing ova." Thus, the words "male" and
"female" in everyday understanding do not include persons who have undergone sex reassignment.
Furthermore, "words that are employed in a statute which had at the time a well-known meaning are
presumed to have been used in that sense unless the context compels to the contrary." Since the statutory
language of the Civil Register Law was enacted in the early 1900s and remains unchanged, it cannot be
argued that the term "sex" as used then is something alterable through surgery or something that allows
a post-operative male-to-female transsexual to be included in the category "female." For these reasons,
while petitioner may have succeeded in altering his body and appearance through the intervention of
modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. Thus,
there is no legal basis for his petition for the correction or change of the entries in his birth certificate. ---
Rommel Jacinto Dantes Silverio vs. Republic of the Phil., G.R. No. 174689, October 19, 2007

A Civil Registry Office cannot record a divorce decree based on mere presentation of the decree.

The law requires the entry in the civil registry of judicial decrees that produce legal consequences touching
upon a person's legal capacity and status, i.e., those affecting "all his personal qualities and relations,
more or less permanent in nature, not ordinarily terminable at his own will, such as his being legitimate
or illegitimate, or his being married or not." A judgment of divorce is a judicial decree, although a foreign
one, affecting a person's legal capacity and status that must be recorded. In fact, Act No. 3753 or the Law
on Registry of Civil Status specifically requires the registration of divorce decrees in the civil registry. But
while the law requires the entry of the divorce decree in the civil registry, the law and the submission of
the decree by themselves do not ipso facto authorize the decree's registration. The law should be read in
relation with the requirement of a judicial recognition of the foreign judgment before it can be given res
judicata effect. ---- Gerbert R. Corpuz vs. Daisylyn Tirol Sto. Tomas, et al., G.R. No. 186571, August 11,
2010

ARTICLE 408. The following shall be entered in the civil register:


(1) Births;
(2) marriages;
(3) deaths; aoLnLe
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations; waiPuu
(8) adoptions;
(9) acknowledgments of natural children; IeEwnr
(10) naturalization;
(11) loss, or
(12) recovery of citizenship; PLoisd
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a) iiinPi

Republic of the Phils. vs. Jennifer B. Cagandahan, G.R. No. 166676, September 12, 2008

Article 408(1) - Entries in civil registry: Births

Hubert Tan Co vs. Civil Register of Manila, G.R. No. 138496, February 23, 2004
ARTICLE 409. In cases of legal separation, adoption, naturalization and other
judicial orders mentioned in the preceding article, it shall be the duty of the clerk
of the court which issued the decree to ascertain whether the same has been
registered, and if this has not been done, to send a copy of said decree to the civil
registry of the city or municipality where the court is functioning. (n)

ARTICLE 410. The books making up the civil register and all documents
relating thereto shall be considered public documents and shall be prima facie
evidence of the facts therein contained. (n)

As public documents, they are admissible in evidence even without further proof of their due execution
and genuineness. Thus, the RTC erred when it disregarded said documents on the sole ground that the
petitioner did not present the records custodian of the NSO who issued them to testify on their
authenticity and due execution since proof of authenticity and due execution was not anymore necessary.
Moreover, not only are said documents admissible, they deserve to be given evidentiary weight because
they constitute prima facie evidence of the facts stated therein. --- Iwasawa v. Gangan, G.R. No. 204169,
September 11, 2013

ARTICLE 411. Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any person suffering
damage thereby. However, the civil registrar may exempt himself from such
liability if he proves that he has taken every reasonable precaution to prevent the
unlawful alteration. (n)

ARTICLE 412. No entry in a civil register shall be changed or corrected, without


a judicial order. (n)

The correction or change of entry in the civil registry relative to clerical or typographical errors can now
be made through administrative proceedings and without the need for judicial order.

The determination of a person's sex appearing in his birth certificate is a legal issue and the court must
look to the statutes. In this connection, Article 412 of the Civil Code provides: No entry in the civil register
shall be changed or corrected without a judicial order. Together with Article 376 of the Civil Code, this
provision was amended by RA 9048 in so far as clerical or typographical errors are involved. The correction
or change of such matters can now be made through administrative proceedings and without the need
for a judicial order. In effect, RA 9048 removed from the ambit of Rule 108 of the Rules of Court the
correction of such errors. Rule 108 now applies only to substantial changes and corrections in entries in
the civil register. --- Rommel Jacinto Dantes Silverio vs. Republic of the Phil., G.R. No. 174689, October
19, 2007
The local civil registrar has primary, not exclusive, jurisdiction over such petitions for correction of clerical
errors and change of first name or nickname.

Indeed, there was no intent on the part of the lawmakers to remove the authority of the trial courts to
make judicial corrections of entries in the civil registry. It can thus be concluded that the local civil registrar
has primary, not exclusive, jurisdiction over such petitions for correction of clerical errors and change of
first name or nickname, with R.A. No. 9048 prescribing the procedure that the petitioner and local civil
registrar should follow. --- Re: Final Report on the Judicial Audit Conducted at the RTC, Br. 67, Paniqui,
Tarlac, A.M. No. 06-7-414-RTC, October 19, 2007

The Rules of Court provides for requirements before a judgment may be annotated in the civil registry.

The Rules of Court supplements Article 412 of the Civil Code by specifically providing for a special remedial
proceeding by which entries in the civil registry may be judicially cancelled or corrected. Rule 108 of the
Rules of Court sets in detail the jurisdictional and procedural requirements that must be complied with
before a judgment, authorizing the cancellation or correction, may be annotated in the civil registry. It
also requires, among others, that the verified petition must be filed with the RTC of the province where
the corresponding civil registry is located; that the civil registrar and all persons who have or claim any
interest must be made parties to the proceedings; and that the time and place for hearing must be
published in a newspaper of general circulation. --- Gerbert R. Corpuz vs. Daisylyn Tirol Sto. Tomas, et
al., G.R. No. 186571, August 11, 2010

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.
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.

ARTICLE 413. All other matters pertaining to the registration of civil status
shall be governed by special laws. (n)

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