Does your name in your birth certificate misspell? Do you know what to do with it?
Clerical error or typographical error in the birth certificate is a common problem in legal documents in the country.
But today, laws have made it easy for clerical correction. No need to go to court for this. Here are some questions and answer that might help you. Also the process on what to do, just in case your name needs correction on your birth certificate.
The following are written by Atty. Ma. Leny Ignalaga, an associate of Lepiten and Bojos Law Offices based in Cebu City. Reposting this article is authorized by the owner.
1. What is Republic Act 9048?
Republic Act (RA) 9048 authorizes the City or Municipal Civil Registrar or the Consul General to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order.
RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order.
2. What is a clerical or typographical error?
A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records.
3. What are corrections can be made by RA 9048?
RA 9048 allows these corrections:
1. correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person (Example: EHAN instead of ETHAN)
2. change of a person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process. (Example: Everyone calls and knows you by the name “MARICEL” but in your birth certificate you found out that your true name is “MARIA CECILIA”)
4. What are the grounds for correction or error in the name or entry in the civil registry documents?
1. that there was an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records.
5. What are the grounds for a change of first name or nickname?
(1) The first name or nickname is 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 first name or nickname in the community; or,
(3) The change will avoid confusion.
6. What should I do to correct entries in my birth certificate or civil registry documents?
Step 1: Prepare your documents for your petition.
The petition shall be supported by the following documents so you need to get these before you go to a Lawyer who is a Notary Public:
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. (You should get this in the Local Civil Registry where the document or your birth certificate was registered)
2. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; (Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.)and
3. 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.
For those who want to change their first name: No petition for change of the first name shall be accepted unless the petitioner submits the required supporting papers, as follows:
a.) All the documents required of the petitioner for the correction of clerical error shall also be required of the petitioner for change of the first name.(those enumerated above)
b.)Clearance from authorities such as clearance from the employer, if employed; the National Bureau of Investigation; the Philippine National Police; and other clearances as may be required by the concerned civil registrar.
c.) Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings should be attached.
Step 2: Go to a Lawyer who is a Notary Public. Tell him/her that you need to prepare your petition for correction of your name or entry in the birth certificate or that you want to change your first name.
The petition, which must be in an affidavit form, must state the following facts or information:
a. Merits of the petition
b. Competency of the petitioner
c. Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first name
Step 3: Go to your City or Municipal Civil Registrar’s office and file your petition. While you are there, you must pay the filing fee:
One thousand pesos (P1,000.00) for the correction of clerical error
Three thousand pesos (P3,000.00) for the change of the first name
In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:
Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error
One hundred fifty U.S. dollars ($150.00) for the change of the first name
A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).
This service fee shall accrue to the local treasury of the PRCR.
Five hundred pesos (P500.00) for correction of clerical or typographical error
One thousand pesos (P1,000.00) for change of the first name
7. Who may file the petition?
Whether it is for correction of clerical or typographical error, or for a change of the first name, 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 the first name in the civil register.
A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition, either for correction of a clerical or typographical error or for a change of his first name.
Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of the first name:
Owner of the record that contains the error to be corrected or first name to be changed
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.
8. Where should the petition be filed?
The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari’a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.
However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.