Under Republic Act No. 10172, it is now easier for you to correct clerical or typographical errors in the certificate of birth. Specifically, under the law, you can correct clerical or typographical errors in the following details in the civil register:
- Day of birth;
- Month of birth; and
- Sex.
These changes or corrections can be done at your local civil registrar and without filing a case in court.
What are clerical or typographical errors?
Note, however, that the changes or corrections should only be for clerical or typographical errors. Under the law, ‘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; Provided, however, That no correction must involve the change of nationality, age, or status of the petitioner.” (Sec. 2, paragraph 3 of the Act).
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. Example: The owner of the document sought to be corrected; or 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 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.
What are the requirements?
- Notarized Petition for clerical or typographical error, or for change of first name or nickname, as the case may be in the form of an affidavit, setting forth the following:
- The facts necessary to establish the merits of the petition
- That the petitioner is competent to testify as to the matters stated
- Particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made
- Supporting documents:
- 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;
- Earliest school record or earliest school documents;
- Medical records;
- Baptismal certificate and other documents issued by religious authorities;
- Clearance or 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:
- Employer, if employed;
- National Bureau of Investigation (NBI); and
- Philippine National Police (PNP).
- Supporting document for change of gender:
- Certification from an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.
- Affidavit of publication from the publisher, together with a copy of the newspaper clipping, certifying that the petition has been published for two (2) consecutive weeks in a newspaper of general circulation
- Certifications from appropriate law enforcement agencies that he has no pending case or no criminal record.
How many copies should be filed?
The petition and its supporting papers shall be filed in three (3) copies
Where should the petition be filed?
As a general rule, in the city or municipal civil register (C/MCR), or Philippine consulate, where the record of birth is registered.
What is a migrant petition?
When petitioner has migrated to another place within the Philippines, the petition may be filed in 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.
Who is an accredited government physician?
He is a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is employed in any governmental hospitals, health institutions, or public health offices.
How much is the filing fee?
Non-migrant petition – PHP 3,000.00
Migrant petition – PHP 3,000.00 filing fee + PHP 1,000.00 service fee
Petitions filed before the Philippine Consulate – USD150.00
SOURCE:
- R.A. 10172 or An Act 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 Judicial Order, Amending for this Purpose Republic Act Numbered Ninety Forty-Eight (full text)
- R.A. 10172 Implementing Rules and Regulations