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.