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.

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No Need for Court Order to Correct Errors in Birthdate and Sex in the Birth Certificate

Do you need to correct erroneous birthdate and gender in your birth certificate? 

Good news! 

Now, under Republic Act 10172, you can have these errors easily changed without the hassle of going to court. On August 15, 2012, President Benigno S. Aquino III signed into law Republic Act No. 10172 entitled “An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order Amending for this Purpose Republic Act No. 9048“. 

R.A. No. 9048, signed in 2001, states that "no entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general."

Under the amended law, this phrase was revised to include "the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry."

RA 10172 simply expanded the coverage of the correction of clerical or typographical errors in the civil register without judicial order as earlier provided for in RA 9048. Whereas before it was only clerical or typographical errors and change in the first name or nickname of a person which may be changed or corrected by a city or municipal civil registrar or consul general without a judicial order, RA 10172 now allows changes or corrections in the day and month in the date of birth and sex of a person, even without the person petitioning the court. Because correction can be done at the Local Civil Registrar, the process is faster and cheaper.

What is a clerical or typographical error? 

As defined under RA 10172, a “clerical or typographical error” refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records. 

What CANNOT be changed?

1. Nationality

2. Age

3. Status

When did the law took effect?

The law took effect on 3 September 2012 (15 days after it was published in the newspapers)

How do you apply for correction under RA 10172?

The law states that a petition for correction of a clerical or typographical error, or for change of first name or nickname, as the case may be, shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.

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.

The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.

What are the requirements for correction of day and/or month in the date of birth?

1. Sworn Affidavit;

2. A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;

3. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;

4. Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition;

5. Earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities;

6. Certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record

What are the requirements for correction of sex?

1. Sworn Affidavit;

2. A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;

3. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;

4. Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition;

5. Earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities;

6. Certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant

7. Certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record

Can those persons who have undergone sex reassignment surgery, or sex change, avail of the law?

No. Correction of the gender appearing in the birth certificate is NOT allowed if based on the ground that the person successfully underwent sex change surgery. As a safeguard against any attempt to circumvent this prohibition, the new law requires the presentation of documents showing the petitioner’s gender closest to his/her birth. Also, the petition is required to be accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.

Who may file the petition?

For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.

A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered. (Rule 3, Republic Act No. 10172 Implementing Rules and Regulations)

Where to file the petition?

For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered.

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered. (Rule 4, Republic Act No. 10172 Implementing Rules and Regulations)

Filing Fee

The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3,000.00) for petition to correct the day and/or month in the date of birth or sex. An indigent petitioner shall be exempt from paying the required payment, provided that the petition is supported by a certification from the City/Municipal Social Welfare Office that the petitioner/document owner is indigent. (Rule 10, Republic Act No. 10172 Implementing Rules and Regulations)

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