Title
Correction of Birth Date/Sex in Civil Registry
Law
Republic Act No. 10172
Decision Date
Aug 15, 2012
Republic Act No. 10172 allows for the correction of clerical or typographical errors in the civil register without the need for a judicial order, as long as the errors are harmless and innocuous, visible or obvious, and can be corrected by reference to other existing records.
A

Definition of Clerical or Typographical Error

  • A clerical or typographical error is defined as a mistake in clerical work such as writing, copying, transcribing, or typing entries.
  • Examples include misspelled names, misspelled places of birth, mistakes in the day and month in the date of birth, or errors in the sex of a person.
  • Such errors must be visible or obvious and correctable by referencing other existing records.
  • Corrections must not affect nationality, age, or marital status of the petitioner.

Requirements and Procedure for Petition

  • The petition must be in the form of an affidavit sworn before an authorized official.
  • It must include facts establishing the merits and affirm competency to testify.
  • The petitioner must specify the erroneous entry and the correction sought.
  • Supporting documents required:
    1. Certified true machine copy of the certificate or registry page.
    2. At least two public or private documents showing the correct information.
    3. Other relevant documents as needed.
  • For correction of date of birth or sex, the petition must include earliest school or religious documents.
  • Change of sex requires certification by an accredited government physician confirming no sex change surgery.
  • Petitions for change of first name, nickname, or corrections of day and month in birth date or sex must be published once weekly for two consecutive weeks in a newspaper of general circulation.
  • A certification from law enforcement that the petitioner has no pending case or criminal record is required.
  • Petitions and supporting papers must be filed in triplicate to the civil registrar/consul general, Civil Registrar General, and petitioner.

Fees and Exemptions

  • Reasonable fees may be collected by the city or municipal civil registrar or consul general for accepting the petition.
  • Indigent petitioners are exempt from fees.
  • Fees collected are allocated for office modernization, personnel hiring, and procurement of supplies, subject to government accounting rules.

Legal Provisions for Continuity and Repeal

  • If any provision is declared unconstitutional or invalid, other provisions remain effective.
  • Laws, decrees, rules, or regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity

  • The Act takes effect fifteen days after publication in the Official Gazette or in two newspapers of general circulation.

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