Question & AnswerQ&A (Republic Act No. 9048)
Republic Act No. 9048 authorizes the city or municipal civil registrar or the consul general to correct clerical or typographical errors and to change the first name or nickname in the civil register without the need of a judicial order.
The city or municipal civil registrar or the consul general is authorized to correct clerical or typographical errors in the civil register.
A clerical or typographical error refers to a harmless and innocuous mistake made in writing, copying, transcribing, or typing an entry in the civil register that is visible or obvious and can be corrected by reference to other existing records. It does not include changes involving nationality, age, status, or sex.
Yes. Under RA 9048, the first name or nickname may be changed by the city or municipal civil registrar or consul general without a judicial order based on certain grounds provided in the law.
The grounds include if the name is ridiculous, tainted with dishonor, or difficult to write or pronounce; if the new name or nickname has been habitually and publicly used; or if the change will avoid confusion.
Any person with a direct and personal interest in the correction or change may file a verified petition with the local civil registry office or the nearest Philippine Consulate if residing abroad.
The petition must be supported by a certified true machine copy of the relevant certificate or registry entry, at least two public or private documents showing the correct entry, other relevant documents, publication in a newspaper for two consecutive weeks, and a certification of no pending case or criminal record.
They must examine the petition, post it for ten days, decide within five working days after posting/publication, and transmit a copy of the decision and records to the Office of the Civil Registrar General.
The Civil Registrar General can object to the decision on grounds such as the error not being clerical, the correction being substantial or controversial, or if the name change grounds do not comply with the law. The General also notifies parties of the action and can be appealed to or challenged in court.
Violators can be punished by imprisonment of six to twelve years, a fine of P10,000 to P100,000, or both. Government officials may also face penalties under civil service laws.