Question & AnswerQ&A (Republic Act No. 10172)
The main purpose of Republic Act No. 10172 is to authorize 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 the need for a judicial order, amending RA No. 9048 accordingly.
Under RA 10172, clerical or typographical errors, change of first name or nickname, and corrections to the day and month in the date of birth or sex of a person can be corrected or changed by the civil registrar or consul general without a judicial order if it is patently clear that there was an error.
A 'clerical or typographical error' refers to a mistake made during clerical work such as writing, copying, transcribing, or typing an entry, which is harmless and obvious like a misspelled name, place of birth, or mistake in the day and month of the date of birth or sex, which can be corrected by reference to other existing records, provided it does not involve change in nationality, age, or status of the petitioner.
The petition must be an affidavit containing necessary facts, supported by 1) a certified true machine copy of the certificate or relevant registry page, 2) at least two public or private documents showing the correct entry, and 3) other documents relevant for approval. For date of birth or sex correction, documents like earliest school records or medical/baptismal certificates must be provided. For sex changes, a certification from an accredited government physician stating the petitioner has not undergone sex change is required.
Yes, publication is required for petitions involving change of first name or nickname, or correction of erroneous entries concerning the day and month of the date of birth or sex of a person. The petition shall be published at least once a week for two consecutive weeks in a newspaper of general circulation.
Yes, the city or municipal civil registrar or the consul general may collect reasonable fees as a condition for accepting the petition. However, indigent petitioners are exempt from payment.
Fees collected shall accrue to the funds of the Local Civil Registry Office or the Office of the Consul General for modernization of the office, hiring personnel, and procurement of supplies, subject to government accounting and auditing rules.
No corrections can involve changes in nationality, age, or civil status of the petitioner. Changes involving sex require certification that the petitioner has not undergone sex change or transplant. Corrections affecting the date of birth or sex require earliest school and other official documents for verification.
The city or municipal civil registrar and the consul general are authorized to correct clerical or typographical errors and change first names or nicknames without judicial order according to the law.
The petition and its supporting papers must be filed in three copies: one copy to the concerned city or municipal civil registrar or consul general, one copy to the Office of the Civil Registrar General, and one copy to the petitioner.