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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: In Court of Appeals Civil Case No. CA-2023-045, the dispositive portion of the judgment contains clerical errors: (1) the defendant's surname is written as “Cruz” instead of the correct “Dela Cruz”; (2) the case number is printed as “CA-2023-CA-005” instead of “CA-2023-CA-0051”; (3) the entry date is shown as “January 15, 2023” whereas the correct entry date is “January 18, 2023.” The errors are clearly clerical and do not affect the merits of the decision. The parties file a verified petition for correction of clerical errors under Republic Act No. 9048, as amended by Republic Act No. 10172, accompanied by a certified true copy of the judgment and a proposed Corrected Judgment.
(a) Identify which errors are clerical and subject to correction under RA 9048 as amended by RA 10172.
(b) State the proper procedure to obtain correction, including who may file, where to file, what the petition must allege, and the effect of the correcting entry.
(c) Explain the limits of the remedy, specifically whether RA 9048 allows changing the merits or the rights of the parties, and what must remain untouched by such correction.

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