Practice question
A final judgment names one duly joined individual as debtor. The creditor seeks to replace that person with an entirely different nonparty under the label spelling correction. No actual transcription mistake exists. Which is sound?
- Any change of debtor is automatically clerical.
- The proposed change is substantive and cannot be justified as the stipulated nonexistent clerical error.
- Every nonparty is necessarily the original judgment debtor.
- A label dispenses with adjudication and due process.
- The creditor may choose any replacement debtor after finality.
Legal references
- DOST Officials and Personnel v. Commission on Audit, G.R. No. 253218, February 4, 2025, main decision, finality and its exceptions: https://lawphil.net/judjuris/juri2025/feb2025/gr_253218_2025.html
- Atup v. People, G.R. Nos. 229395 and 252705, November 10, 2021, main decision, limits of clerical and nunc pro tunc correction: https://lawphil.net/judjuris/juri2021/nov2021/gr_229395_2021.html
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