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Sample Motion To Correct Clerical Error in Court Decision

This document is an ex parte motion to correct clerical errors in a court decision granting a petition for nullity of marriage. The decision contained errors in the spelling of the petitioner's name on multiple pages. As a result, the local civil registrar refused to register the decision and cancel the marriage in their records. The motion requests that the court correct the clerical errors in the petitioner's name so that the decision can be properly registered and implemented.

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Jojo Manahan
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715 views2 pages

Sample Motion To Correct Clerical Error in Court Decision

This document is an ex parte motion to correct clerical errors in a court decision granting a petition for nullity of marriage. The decision contained errors in the spelling of the petitioner's name on multiple pages. As a result, the local civil registrar refused to register the decision and cancel the marriage in their records. The motion requests that the court correct the clerical errors in the petitioner's name so that the decision can be properly registered and implemented.

Uploaded by

Jojo Manahan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch 75
San Mateo, Rizal

XXXXXXXX,
Petitioner,
Civil Case No. 3132-18 SM
For: Declaration of Nullity
of Marriage under Article 36

- versus - of the Family Code

XXXXXXXX
Respondent.
X–––––––––––––––––––––––––––––X

EX PARTE MOTION TO CORRECT


CLERICAL ERRORS IN THE DECISION

COMES NOW petitioner, by the undersigned counsel, and unto this


Honorable Court most respectfully request for the correction of clerical
errors found in the Decision of the above-entitled case:

1. On 24 March 2022, the Court granted the instant petition on the


grounds of psychological incapacities of the petitioner and
respondent, declaring their marriage as null and void, and
ordering the Local Civil Registrar of San Mateo, Rizal and the
Philippine Statistics Authority (PSA) to cause the cancellation of
their marriage from the Book of Marriages and Records, upon
finality of the judgment;

2. The Decision then became final and executory on 28 April 2022 as


evidenced by the Certificate of Finality and Entry of Judgment
issued by the Branch Clerk of Court, copy of which is hereto
attached as Annexes A and B;

3. However, upon presentation of the Decision and other related


documents with the Local Civil Registrar of San Mateo, Rizal, for
its proper registration and marriage cancellation, the Civil
Registrar noticed some clerical errors in the Decision particularly
the name of the Petitioner which should read as ______________,
instead of ____________, found on pages 2, 5, 14, and in the
dispositive portion appearing on page 22 thereof;
4. With that, the Local Civil Registrar refused to register the decision
and to cause the cancellation of the marriage between the
Petitioner and Respondent unless the clerical errors found have
been corrected.

WHEREFORE, in view of the foregoing, it is respectfully prayed of this


Honorable Court, that the instant Motion to Correct the Clerical Errors in
the Decision be granted, particularly the name of the Petitioner which
should be corrected to reflect _________________.

Such other reliefs just and equitable under the premises are likewise
prayed for.

Respectfully submitted.

July 6, 2022, San Mateo, Rizal.

ATTY. _______________
Counsel for the Petitioner
Burgos St., Sta. Ana, San Mateo, Rizal
Roll No. 123456
IBP Lifetime No. 01234; OR No. 56789
PTR No. 12345678; Rizal Province
MCLE Compliance No. VI-1234567

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