Set the Record Straight: How to Legally Correct Errors in Your Birth Certificate

Hi, are you Glhynnyl Hylhyr Yzzyghyl? Or are you Sincerely Yours ’98? Do you hate being called Hitler Manila? Why is your name spelled Purisilla instead of the intended name Prisicilla? When were you really born, March 6 or March 9? Have you suffered since childhood because your name is too long and difficult to spell, or you were named after a notorious criminal? Or maybe, you have fallen victim to the family tradition wherein names of different family members are merged to form a name for newborns. 

Fret not because you don’t have to suffer further. Act No. 9048¹ (R.A. No. 9048) as amended by Republic Act No. 10172² (R.A. No. 10172) allows for the change or correction of entries in the civil register by the concerned city or municipal civil registrar or consul general without going through the lengthy judicial process. 

 The law covers correction or change in the following entries:

1. Correction of clerical or typographical errors (e.g. misspelled name, place of birth etc.);
2. Correction of day and month in the birthdate;
3. Correction of sex; and 
4. Change of first name of nickname.³

Correction of Clerical or Typographical Errors

What exactly is a clerical or typographical error? A clerical or typographical error is a mistake made while doing clerical tasks such as writing, copying, transcribing, or typing an entry in the civil register.⁴ For such error to be corrected under the law, it must be harmless and easily noticeable or obvious to understanding which can be corrected by reference to existing records.⁵

Thus, clerical or typographical errors in one’s name, place of birth, sex, or day and month in birthdate may be corrected under the law. It bears emphasizing, however, that correction cannot be made if it concerns one’s nationality, age, or status.⁶

Grounds for change of first name or nickname

One cannot change his or her name or nickname just to stay on top of the trend or on a whim. There are specific grounds provided by law, namely:

1. Petitioner finds the first name or nickname ridiculous, dishonorable, or extremely difficult to write or pronounce;
2. 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. Change will avoid confusion.⁷

It must be noted that the remedy provided by the law may be availed of only once.

Who is eligible to file a petition

Any person with direct and personal interest in the correction or change of the above-mentioned entries may personally file a verified petition.⁸

Where to file the petition

As a general rule, the petition shall be filed with the local civil registry office of the city or municipality where the record to be corrected or changed is kept or in short, the petitioner’s birthplace.⁹

As an exception, if the petitioner already transferred to another place in the Philippines and it is impractical to appear in person before the concerned local civil registrar, the petition may be personally filed with the registry of the place where the petitioner is currently residing or domiciled.¹⁰ This situation, however, will make the process more complex because the registrar of the birthplace and the registrar of the place of residence or domicile must coordinate with each other to process the petition.¹¹

For petitioners who are Filipino citizens but are currently residing or domiciled in foreign countries, they may file their petition with the nearest Philippine Consulate.¹²

What are the form and contents of the petition

For all grounds, the petition must be an affidavit subscribed and sworn to before any person authorized to administer oaths. The petition must show the following:

1. Facts establishing the merits of the petition;
2. Competency of petitioner to testify to the said facts; and
3. Particular erroneous entries sought to be corrected or changed

Aside from the petition, the following supporting documents must be presented:

1. Certified true machine copy of the certificate or page of the registry book containing the entries to be corrected or changed; 
2. At least two (2) public or private documents showing the correct entries upon which the change or correction shall be based; and
3. Other documents considered relevant and necessary for the approval of the petition¹³

In cases of change of first name or nickname or correction of erroneous entry involving the day and month in the date of birth, the petition, in addition to the foregoing, must be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.¹⁴

The same rule applies to petitions for the correction of erroneous entry concerning the petitioner’s birthdate or sex. Additionally, earliest school record or documents including, but not limited to, baptismal certificate, medical record, and other documents issued by religious authorities must also be provided.¹⁵

On the other hand, a petition for the correction of entries involving change of gender must be accompanied by a certification issued by an accredited government doctor confirming that the petitioner has not had sex change or sex transplant. 

How long will the whole process take

From the filing of the petition to the approval of the petition if found sufficient in form and substance, the whole process may take three (3) to six (6) months.

Whether the correction or change involves your name, birth date, or birthplace, all these carry weight as they are not mere letters or numbers— it is your identity, your legacy, and at the least, a conversation starter. So, if you find yourself in a birth-related pickle and the solution feels daunting, we are here to help and ensure that your name reflects who you truly are with all the dignity and perhaps, a dash of flair that you deserve. 

Prepared by Reinalyn L. Domasig.

FOOTNOTES

1. R.A. No. 9048 is titled “An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname In the Civil Register Without Need of a Judicial Order, Amended For This Purpose Articles 376 and 412 of the Civil Code of the Philippines.
2. R.A. No. 10172 is titled “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, Amended for this Purpose Republic Act Numbered Ninety Forty-Eight
3. R.A. No. 10172, sec. 1.
4. R.A. No. 10172, sec. 2.
5. R.A. No. 10172, sec. 2(3).
6. R.A. No. 10172, sec. 1.
7. R.A. No. 9048, sec. 4.
8. R.A. No. 9048, sec. 3.
9. Id.
10. Id.
11. Id.
12. Id.
13. R.A. No. 10172, sec. 3.
14. Supra note at 13.
15. Id.