Wrongly Spelled First Name in the Birth Certificate: What to Do?

Prior to 2001, error in the entry of first name in birth certificate can only be corrected by going to court. With the passage of  Republic Act No. 9048, the process becomes simplified. The new law, which took effect on April 22, 2001, only requires the submission of a verified petition in the local civil registrar’s office where the birth record is kept and the local civil registrar (or the consul general) is authorized to correct the clerical or typographical error in the first name or nickname in the civil register without need of a court order. 

Who Shall File

The petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register. Only the following persons are considered to have a direct and personal interest in the correction of clerical error of first name:

1.  owner of the record that contains the error to be corrected
2.  owner's spouse
3.  children
4.  parents
5.  brothers
6.  sisters
7.  grandparents
8.  guardian

9.  other person duly authorized by law or by the owner of the document sought to be corrected

If owner of the record is a minor or physically or mentally incapacitated, petition may be filed by his spouse, or any of his children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.     

Form and Content of the Petition

The petition must come in the form of an affidavit (subscribed and sworn to before a person authorized to administer oath) which must contain the following facts or information:

1.  Merits of the petition

2.  Competency of the petitioner

3.  Erroneous entry to be corrected and proposed correction.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner.

Supporting Documents

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved. The following supporting documents are admissible as basic requirements:

1.  Certified machine copy of the birth record containing the entry to be corrected;

2.  Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendant;

3.  Notice and Certificate of Posting;

4.  Certified machine copy of the Official Receipt of the filing fee;

5.  Other documents which may be required by the concerned civil registrar.

Where to File

If born in the Philippines, the petition shall be filed with the local civil registry office of the city or municipality where the birth is registered. If born abroad, with the Philippine Consulate where the birth was reported.

When the petitioner had already migrated to another place within or outside the Philippines and it would not be practical for such party to appear in person with the civil registrar of the place of birth, the petition may be filed with the civil registry office where he/she is currently residing. His/her petition will be treated as a migrant petition. Those who are  presently residing in foreign countries may file their petition with the nearest Philippine Consulates. 

How much is the filing fee?

The filing fee is P1,000.00. For petitions filed abroad a fee of $50.00 or equivalent value in local currency shall be collected. A migrant petitioner shall pay an additional service fee of P500.00 to the Petition Receiving Civil Registrar (PRCR).

How shall the process go?

1.  Receipt/review and checking of the completeness and correctness of the documents presented;

2.  Payment of filing fee;

3.  Posting of the petition for ten (10) consecutive days after the C/MCR find the petition and its supporting documents sufficient in form and substance;

4.  Decision;

5.  Submission of Petition to NSO for affirmation;

6.  Issuance of finality and endorsement to NSO for SECPA.

Applicant/petitioner is advised to visit the office after two (2) to three (3) months for the affirmation of the petition from NSO, certificate of finality and the annotated document.