What are the entries in a birth certificate that may be corrected without judicial order? [1]
Clerical errors in the first name or nickname, 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.
What are some examples of clerical errors? [2]
1. Misspelled name
2. Misspelled place of birth
3. Mistake in the entry of day and month in the date of birth
4. Sex of the person
The clerical errors must be 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 entries in the civil register that cannot be corrected without a court order? [3]
1. Nationality;
2. Age; and
3. Status.
How about change of name? Under what grounds it may be allowed?
Change of first name or nickname based on the following grounds may be allowed without a court order: [4]
1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or
3. The change will avoid confusion.
Where to file a petition for correction of clerical error or change of name? [5]
1. In the local civil registry office of the city or municipality where the record being sought to be corrected or changes is kept.
2. In case the petitioner has already migrated to another place in the country, with the local civil registry office of the place where the interested party is presently residing or domiciled.
3. Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates.
What should be the form of the Petition to be filed? [6]
It must be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oath. 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 sought to be corrected or the first name sought to be changed, and the correction or change to be made.
What are the required supporting documents? [7]
1. 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;
2. Earliest school record or earliest school documents;
3. Medical records;
4. Baptismal certificate and other documents issued by religious authorities;
5. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:
a. Employer, if employed;
b. National Bureau of Investigation; and
c. Philippine National Police.
6. The petition for the correction of sex, day and/or month in the date of birth, and change of first name, shall include the affidavit of publication from the publisher and a copy of the newspaper clipping;
7. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant; and
8. Other documents which may be relevant and necessary for the approval of the petition.
What is the remedy if the petition for correction of entry or change of name is denied? [8]
The petitioner may appeal the decision to the Civil Registrar General within 10 working days from receipt of the decision, or file the appropriate petition with the proper court. In case the petitioner opts to appeal the decision to the Civil Registrar General, the latter shall render decision within 30 days after receipt of the appeal.
[1] Sec 1, R.A. 9048 as amended by R.A. 10172
[2] Sec 2. Par. 3, R.A. 9048 as amended by R.A. 10172
[3] Id.
[4] Sec. 4, R.A. 9048 as amended by R.A. 10172
[5] Sec. 3, R.A. 9048 as amended by R.A. 10172
[6] Rule 8, IRR R.A. 9048
[7] Rule 8, IRR R.A. 9048, Rule 6, IRR R.A. 10172
[8] Rule 13, IRR R.A. 9048