QuestionsQuestions (Republic Act No. 9048)
When the correction involves (1) a clerical or typographical error that is harmless and innocuous (visible to the eyes or obvious to understanding and verifiable by reference to other existing records) or (2) a change of first name or nickname, as authorized by the Act.
It must be a mistake in clerical work in writing, copying, transcribing, or typing an entry in the civil register; it must be harmless and innocuous (e.g., misspelled name/place of birth); and it must be correctable only by reference to other existing record(s). It must not involve a change of nationality, age, status, or sex.
Change of first name or nickname.
No. The Act provides that no correction under the concept of clerical or typographical error must involve the change of nationality, age, status or sex of the petitioner.
Any person having direct and personal interest in the correction/change; the petition is filed by the petitioner in person (as a general rule).
It may be filed in person with the local civil registrar of the place where the petitioner is presently residing or domiciled. The two civil registrars will communicate to facilitate processing.
In person with the nearest Philippine Consulate.
Only once.
(1) The current first name/nickname is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce; (2) the petitioner has habitually and continuously used the new first name/nickname and has been publicly known by it in the community; or (3) the change will avoid confusion.
A verified petition in the form of an affidavit, subscribed and sworn to before an authorized person to administer oaths, showing facts to establish the merits of the petition and affirmatively that the petitioner is competent to testify.
(1) A certified true machine copy of the certificate or the registry book page containing the entry/entries sought to be corrected or changed; and (2) at least two (2) public or private documents showing the correct entry/entries that will serve as basis for the correction/change; plus other relevant documents as considered necessary.
It must be supported with the documents required for correction, plus: publication at least once a week for two consecutive weeks in a newspaper of general circulation, and submission of a certification from the appropriate law enforcement agencies that the petitioner has no pending case or no criminal record.
After finding the petition and supporting documents sufficient in form and substance, the registrar/consul general shall post the petition in a conspicuous place for ten (10) consecutive days.
The registrar/consul general must act and render a decision not later than five (5) working days after completion of the posting and/or publication requirement. He must transmit a copy of the decision with the records to the Office of the Civil Registrar General within five (5) working days from the date of the decision.
Within ten (10) working days from receipt of the decision, by objection on grounds that: (1) the error is not clerical/typographical; (2) the correction is substantial/controversial affecting civil status; or (3) the basis for changing first name/nickname does not fall under Section 4.
The decision becomes final and executory.
Imprisonment of not less than six (6) years but not more than twelve (12) years, or fine of not less than P10,000 but not more than P100,000, or both, at the discretion of the court. If the offender is a government official or employee, he also suffers penalties under civil service laws, rules, and regulations.