Title
Supreme Court
Correction of civil registry clerical errors
Law
Republic Act No. 9048
Decision Date
Mar 22, 2001
Republic Act No. 9048 allows individuals to correct clerical or typographical errors and change their first name or nickname in the civil register without a judicial order, provided they meet certain criteria and follow the necessary procedures.

Law Summary

Definitions Under the Act

  • City or Municipal Civil Registrar: Head of the local civil registry office appointed by the mayor.
  • Petitioner: Natural person with direct and personal interest in the correction or change.
  • Clerical or Typographical Error: Minor mistakes, such as misspellings, that don't involve changing nationality, age, status, or sex.
  • Civil Register: Various registry books and documents kept by local civil registry offices and related authorities.
  • Civil Registrar General: Head of the National Statistics Office responsible for civil registration laws.
  • First Name: Name or nickname given to a person, beyond middle and last names.

Filing Petitions: Who and Where

  • Any person with direct interest may file a verified petition in person with:
    • The local civil registry office where the record is kept;
    • The local civil registry office where the petitioner currently resides if traveling to original office is impractical;
    • The nearest Philippine Consulate for citizens abroad.
  • The two civil registrars involved must communicate to process the petition.
  • Each petition can only be availed once.

Grounds for Changing First Name or Nickname

  • Allowed if the name is:
    • Ridiculous or dishonorable;
    • Difficult to write or pronounce;
    • Habitually and publicly used by the petitioner;
    • Causes confusion if unchanged.

Petition Form and Required Documentation

  • Petition must be a sworn affidavit detailing:
    • The erroneous entries sought for correction or change;
    • Facts establishing petition merits.
  • Required supporting documents:
    • Certified true copy of certificate or registry page;
    • At least two private or public documents proving the correct entry;
    • Other relevant documents.
  • For name changes, publication in a newspaper for two consecutive weeks is mandatory.
  • Certification of no pending criminal case from law enforcement is required.
  • Three copies of petition and documents must be filed:
    • One to local registrar or consul general;
    • One to Office of the Civil Registrar General;
    • One to the petitioner.

Duties of Local Civil Registrar or Consul General

  • Examine petition and supporting documents.
  • Post the petition for ten consecutive days if documents are sufficient.
  • Decide on the petition within five working days after posting/publication.
  • Transmit decision and records to the Civil Registrar General within five working days.

Duties and Powers of the Civil Registrar General

  • May object to decisions granting petitions within ten working days if:
    • Error is not clerical or typographical;
    • Correction affects civil status controversially or substantially;
    • Name change doesn’t comply with grounds.
  • Notify local registrar or consul general and petitioner of objections.
  • Petitioner may seek reconsideration or court remedy if unsatisfied.
  • Failure to object renders local decision final and executory.

Fee Payment and Indigency

  • Reasonable fees may be charged by the local registrar or consul general.
  • Indigent petitioners are exempt from fee payment.

Penalties for Violation

  • Imprisonment from six to twelve years, or
  • Fine between Ten Thousand to One Hundred Thousand Pesos,
  • Or both at the court’s discretion.
  • Government officials/employees face additional penalties under civil service rules.

Issuance of Implementing Rules and Regulations

  • The Civil Registrar General, in consultation with relevant government agencies and law institutions, must issue rules within three months from the law’s effectivity.

Retroactivity of the Act

  • The Act shall have retroactive effect except where it impairs vested or acquired rights.

Separability Clause

  • If any provision is declared unconstitutional or void, remaining portions continue in force.

Repealing Clause

  • All inconsistent laws, rules, orders, and issuances are repealed or modified accordingly.

Effectivity Clause

  • The Act takes effect fifteen days after its publication in at least two national newspapers of general circulation.

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