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0 tracked cards Civil Law and Land Titles and Deeds
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Facts: A parcel of land is registered under Transfer Certificate of Title No. T-998877 in the name of Aurora B. Flores. The civil registry entry for Aurora’s birth record mistakenly lists her place of birth as “Manila” instead of her actual birthplace, “Cebu City.” The land title, however, does not rely on birth details for ownership and correctly reflects the owner’s name. Aurora files a verified petition under Rule 108, Rules of Court, for correction of entries in the civil registry to amend the birthplace in the birth record from “Manila” to “Cebu City.” The petition is opposed by a cousin who asserts no interest in the land or registry. (a) Identify the controlling doctrine under Rule 108, Rules of Court, governing correction of entries in the civil registry and who may file such petition. (b) Distinguish whether the proper remedy is correction of a clerical error (intrinsic) versus correction of an erroneous entry that would affect rights, and indicate which applies to the facts. (c) Apply the doctrine to the facts and explain whether the trial court should grant the petition and what implications the correction would have on the birth record, the land title, and any related certificates.

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Clara

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