Errors in the owner’s name — particularly misspelled surnames — on land titles can lead to serious legal and administrative issues. In the Philippines, correcting such an error in a Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) requires careful compliance with judicial procedures. Below is a comprehensive guide on how to correct a misspelled surname through a petition for correction of entry under Philippine law.

I. Legal Basis

The correction of errors in a land title is governed primarily by the following laws and rules:

Presidential Decree No. 1529 (Property Registration Decree)
- Section 108 provides for judicial amendments and alterations of certificates of title when a “clerical error” or an “innocuous mistake” is present that does not affect ownership or property boundaries.
Republic Act No. 8792 (Electronic Commerce Act)
- Relevant for digital title records in the Land Registration Authority (LRA) database, when corrections must also be reflected in the electronic register.
Rule 108 of the Rules of Court (Cancellation or Correction of Entries in the Civil Registry)
- Though primarily applicable to civil registry entries (like birth certificates), it is cited in land title correction proceedings for procedural analogy when human name accuracy is at issue.
Land Registration Authority (LRA) and Registry of Deeds (RD) Circulars
- The LRA issues administrative guidelines on implementing court orders for corrections on titles.

II. Nature of the Error: Clerical vs. Substantial

Before filing, the petitioner must determine whether the error is clerical or substantial:

Clerical Error: A simple typographical or spelling mistake that does not affect ownership rights or property description (e.g., “Respico” instead of “Respicio”). → Can be corrected via a petition under Section 108, PD 1529.
Substantial Error: One that affects ownership, identity, or the validity of the title itself (e.g., changing the name of the registered owner to a different person). → Requires a reconveyance or reformation of instrument, not just a correction petition.

Courts distinguish between these two types because only clerical errors can be corrected without infringing upon substantive property rights.

III. Proper Venue and Jurisdiction

A petition for correction of title must be filed in the Regional Trial Court (RTC) that exercises original jurisdiction over land registration cases in the province or city where the property is located.

Example: If the land is in Quezon City, file before the RTC-Branch designated as a Land Registration Court in Quezon City.

IV. Parties Involved

Petitioner – The registered owner or their authorized representative (e.g., heir, attorney-in-fact).
Respondents – The Registry of Deeds, and in some cases, all persons who may be affected by the correction.
LRA / Land Registration Authority – Usually notified and may appear in the proceedings.

V. Filing the Petition: Steps and Requirements

1. Prepare the Verified Petition

The petition must state:

The TCT or OCT number and property location;
The nature of the error (e.g., “surname misspelled as Respico instead of Respicio”);
That the correction will not affect ownership or boundaries;
The legal basis for the petition (Section 108, PD 1529).

2. Attach Supporting Documents

Include:

Certified true copy of the TCT/OCT from the Registry of Deeds;
Owner’s valid ID or birth certificate showing correct name;
Deed of conveyance or instrument of transfer (for reference);
Affidavit explaining the error;
Tax declaration and real property tax receipts;
Other relevant documents proving identity consistency.

3. Filing and Payment

File with the RTC (Land Registration Branch).
Pay the filing fee (based on the assessed value or fixed amount under current fee schedules).

4. Publication and Notice

The court issues an order setting the case for hearing.
The order must be published in a newspaper of general circulation and posted at the city/municipal bulletin board to notify interested parties.

5. Hearing

The petitioner presents documentary evidence and possibly witness testimony (e.g., from the Registry of Deeds or former notary).
If unopposed and the court finds the error purely clerical, the petition is granted.

6. Issuance of Court Order

The RTC issues a Decision or Order authorizing the Registry of Deeds to correct the title.

7. Implementation by the Registry of Deeds

Submit the court order (with finality annotation) to the RD.
The RD corrects the entry and issues an amended TCT or annotation reflecting the corrected surname.
The LRA also updates its digital title database accordingly.

VI. Timeline

The entire process typically takes 3 to 6 months, depending on:

Court docket congestion;
Publication schedule;
Compliance with procedural notices;
Whether the petition is opposed.

VII. Common Pitfalls and Remedies

Filing with Wrong Court – Petition must be filed where the property is located.
Incomplete Documentary Evidence – Insufficient proof of the petitioner’s true name often leads to dismissal.
Opposition from Heirs or Third Parties – If opposition raises ownership issues, the case becomes adversarial and may convert into an ordinary civil action.
Failure to Publish or Notify – Jurisdictional defect; the order becomes void if due process is not observed.

VIII. Illustrative Case Law

De Vera v. Court of Appeals, G.R. No. 119933 (1999) – Clarified that only clerical errors can be corrected under Section 108 without altering ownership.
LRA v. Noblejas, G.R. No. L-21686 (1966) – Established the procedural requirements for correcting errors in the Register of Deeds.
Lee v. Republic, G.R. No. 190588 (2013) – Reiterated that even clerical corrections must undergo proper judicial proceedings with notice to all parties.

IX. Post-Correction Steps

Once the corrected title is issued:

Keep copies of the court decision and annotated title for record.
Update BIR, Assessor’s Office, and tax records to reflect the correct surname.
Notify banks or lenders if the property is mortgaged.
Maintain a certified electronic copy via the LRA’s eTitle system for future transactions.

X. Conclusion

Correcting a misspelled surname in a Philippine land title, while seemingly simple, is a judicial process that ensures the sanctity of property records. It protects both the owner’s rights and the integrity of the Torrens system. By following Section 108 of PD 1529, submitting complete documentation, and complying with due process, a property owner can secure a title that faithfully reflects their true identity — and avoid complications in conveyances, mortgages, or inheritance proceedings in the future.