QuestionsQuestions (Republic Act No. 9048)
RA 9048 allows correction of clerical/typographical errors and change of first name or nickname by the concerned city or municipal civil registrar or the consul general, without need of a judicial order.
It is a mistake in clerical work (writing, copying, transcribing, typing) that is harmless and innocuous, visible to the eyes or obvious upon reference to other existing records. It must not involve change of nationality, age, status, or sex.
“First name” refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names; therefore, it includes nicknames.
Any natural person having direct and personal interest in the correction/change may file. It means the petitioner is personally and directly affected by the error or desired change in the civil register.
Normally, in the local civil registry office where the record is kept; if not practical for the petitioner to appear, the petition may be filed in person with the local civil registrar where the petitioner is presently residing or domiciled, and the two civil registrars will communicate to facilitate processing.
They may file the petition in person with the nearest Philippine Consulates.
Only once.
(1) Ridiculous, tainted with dishonor, or extremely difficult to write or pronounce; (2) the new nickname/first name has been habitually and continuously used and the person is publicly known by it in the community; or (3) the change will avoid confusion.
It must be an affidavit, subscribed and sworn to before an authorized person administering oaths, setting forth facts showing the merits and that the petitioner is competent to testify; it must state the specific erroneous entry/entries to be corrected and/or the change sought.
A certified true machine copy of the certificate/page of the registry book with the entry; at least two public/private documents showing the correct entry upon which the correction is based; and any other relevant documents the petitioner or civil registrar/consul general may consider necessary.
In addition to the documentary requirements for correction, the petition must be published at least once a week for two consecutive weeks in a newspaper of general circulation, and the petitioner must submit a certification from appropriate law enforcement agencies that the petitioner has no pending case or no criminal record.
They must post the petition in a conspicuous place for ten (10) consecutive days after determining it is sufficient in form and substance.
(a) The decision must be rendered not later than five (5) working days after completion of the posting and/or publication requirement. (b) A copy of the decision with records must be transmitted to the Office of the Civil Registrar General within five (5) working days from the date of the decision.
Grounds: (1) the error is not clerical/typographical; (2) the correction is substantial/controversial affecting civil status; or (3) basis for changing the first name/nickname does not fall under Section 4. The petitioner may seek reconsideration with the Civil Registrar General or file the appropriate petition with the proper court.
The decision becomes final and executory.
The petitioner may either appeal the denial to the Civil Registrar General or file the appropriate petition with the proper court.
A violator, upon conviction, is penalized by imprisonment of not less than six (6) years but not more than twelve (12) years, or a fine of not less than PHP 10,000 but not more than PHP 100,000, or both. If the offender is a government official/employee, he shall also suffer penalties under civil service laws, rules, and regulations.