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June 1, 2022

Supreme Court Decisions

 


May a sheriff delay the enforcement of the writ of execution?


 

As an agent of the law whose primary duty is to execute the final orders and judgments of the court, a sheriff has the ministerial duty to enforce the writ of execution promptly and expeditiously to ensure that the implementation of the judgment is not unduly delayed.

 

Foster vs. Santos, Jr., A.M. No. P-17-3627, September 05, 2018, [879 SCRA 173]

 

 

 

 


What are considered clerical or typographical errors in the certificate of live birth?


Clerical or typographical error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous.

This includes misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth, or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records.

 

Republic vs. Gallo, G.R. No. 207074, January 17, 2018, [851 SCRA 570]

 

 

 


What entries in the Certificate of Live Birth may be corrected without court proceedings?


 

In addition to the change of the first name, the day and month of birth, and the sex of a person may now be changed without judicial proceedings.

 

Republic vs. Gallo, G.R. No. 207074, January 17, 2018, [851 SCRA 570]

 

 

 

 

 


Do local civil registrars have the authority to correct the day and month in the record of your birth certificate?


R.A. No. 1017230 was passed to expand the authority of local civil registrars and the Consul General to make changes in the day and month in the date of birth, as well as in the recorded sex of a person when it is patently clear that there was a typographical error or mistake in the entry.

 

Republic vs. Tipay, G.R. No. 209527, February 14, 2018, [855 SCRA 419]

 

 

 

 

 

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