RA 9048 authorizes the city or municipal civil registrar or the Consul General to correct a clerical or typographical error in an entry and/ or change the first name or nickname in the civil register without the need for a judicial order.
RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order.
Republic Act (RA) 10172 is an act further authorizing the city or municipal civil registrar or the Consul General to correct clerical or typographical errors in the day and month in the date of birth or sex of a person appearing in the civil register without need of a judicial order, amending sections 1, 2, 5 and 8 of RA 9048.
A “clerical or typographical error” refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records. However, no correction must involve the change of nationality, age, or status of the petitioner.
The following documents should be submitted:
1. Original copy of the NSO-authenticated certificate containing the alleged erroneous entry or entries.
2. At least two public or private documents upon which the correction shall be based. Examples of these documents are the following:
3. Notice and Certificate of Posting
4. Official Receipt of the filing fee
5. Other documents as may be required by the Consul General
5.1. No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except if the petition is accompanied by the requirements as stated in item no. 2; nor shall any entry involving change of gender corrected except if the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.
5.2 The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the Consul General; second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
The petitioner is required to pay the filing fee of $67.50
What are the requirements for correcting a clerical or typographical error in a civil registry document? (Birth Certificate, Marriage Certificate, Death Certificate)
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