As a general rule, no entry in the civil register shall be changed or corrected without a judicial order. Hence, the

usual process for correcting errors in the birth certificate is to file a petition in court. Fortunately, Republic Act No.

9048, as recently amended by Republic Act No. 10172, allowed the administrative correction of certain entries with

the Civil Register, including entries in the birth certificate.

At present, one can file a petition for correction of clerical or typographical errors in the first name, nickname, place

of birth, day and month of birth or sex of a person. The petition is generally filed with the Local Civil Registry

Office (LCRO) where the record containing the clerical error sought to be corrected is kept. However, if the

residence or domicile of the petitioner is different from where the civil registry records are registered, said petitioner

may file the petition in the nearest LCRO in his area. For those staying outside of the Philippines, the petition may

be filed with the Consul General of the Philippine Embassy in such foreign country.

A petition to change one’s first name or nickname cannot be based on any ground. It will be only allowed in any of

the following cases:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to

write or pronounce.

2. The new first name or nickname has been habitually and continuously used by the petitioner and he has been

publicly known by that by that first name or nickname in the community: or

3. The change will avoid confusion.

The petition for correction of first name, nickname, day and month of birth and gender shall be in the form of a

notarized affidavit which should set forth facts necessary to establish the merits of the petition and shall show

affirmatively that the petitioner is competent to testify to the matters stated. It must be supported by the following

documents:

1. A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries

sought to be corrected or changed.

2. At least two (2) public or private documents showing the correct entry or entries upon which the correction or

change shall be based

3. Notice and Certificate of Posting

4. Certified machine copy the Official Receipt of the filing fee

5. Certification form law enforcement agencies that the petitioner has no pending case or criminal record.

6. Other documents as may be required by the LCRO.

For a petition to correct day or month of birth or gender, additional documents must be submitted such as the earliest

school record or documents such as medical records, baptismal certificate and other documents issued by religious

authorities. For correction of entry of sex of the person, the petition must be further accompanied by a certification

from an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex

transplant. This is in view of the fact that a petition for correction of gender can only be based on mistake or clerical

error. A man who has undergone surgery to change his reproductive organ to that of a female cannot correct the

entry of his gender in the birth certificate to female.

Pertinently, the petition must be published at least once a week for two (2) consecutive weeks in a newspaper of

general circulation.

The civil registrar or the consul general shall examine the petition and its supporting documents. He shall post the

petition in a conspicuous place for ten (10) consecutive days after he finds the petition and its supporting documents

sufficient in form and substance. Thereafter, he shall act on the petition and shall render a decision not later than five

(5) working days after the completion of the posting and/or publication requirement.

This is how to correct errors in your birth certificate without going to court

REPUBLIC ACT 9048

Republic Act No. 9048 was a consolidation of House Bill No. 9797 and Senate Bill No. 2159. It was approved by President G.M. Arroyo on 22 March 2001.

R.A. No. 9048 amends Articles 376 and 412 of the Civil Code of the Philippines. Article 376 prohibits the changing of name or surname of a person without a judicial authority, while Article 412 prohibits any correction or change of entry in a civil register without a judicial order. The amendatory provision of RA 9048 is Section I, which provides:

Section 1. Authority to correct clerical or typographical error and change of first name or nickname. - No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

The clerical error or typographical errors which are covered under RA No. 9048 are limited to those mistakes committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that are harmless and innocuous, which are visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records. Those errors that involve the change of nationality, age, status or sex of the petitioner are excluded from the coverage of the new law. Thus, any petition to correct error that would subsequently change the nationality, age, status or sex of a person shall be filed with the proper court, and not with any LCRO.

With regard to the change of first name, RA 9048 provides the following grounds: (1) The petitioner finds the first name or nickname ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (1) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or, (3) The change will avoid confusion. Any of these grounds, if supported with convincing proof, will be sufficient basis of changing the first name.

What are the supporting papers for correction of clerical or typographical error?

SUPPORTING PAPERS FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirement.

1. Certified machine copy of the certificate containing the alleged erroneous entry or entries.

2. Not less than 2 public or private documents upon which the correction shall be based

Section 5(2) of RA 9048 and Rule 8.1.2. of AO No. 1, s. 2001 require the submission of at least 2 public or private documents showing the correct entry or entries upon which the correction or change shall be based. This is a minimum number, hence, the petitioner can submit as many public or private documents to support his petition. Examples of these documents are the following:

2.1 Baptismal Certificate2.2 Voter's affidavit2.3 Employment Record2.4 GSIS record2.5 SSS record

2.6 Medical record2.7 Business record2.8 School record2.9 Driver's license2.10 Insurance2.11Civil registry records of ascendants2.12 Land titles2.13 Certificate of Land Transfer2.14 Bank Passbook2.15 NBI/Police clearance2.16 And others

3. Notice or certification of posting

Posting of the petition is required under Section 5 of RA No. 9048 and Rule 9 of AO No. 1, s. 2001.

At the time of submitting the petition to the C/MCR, this supporting document is not available yet. It will become available ten (10) days after the acceptance of the petition by the C/MCR. The petitioner need not worry about this supporting document as it will be attached to the petition by the concerned C/MCR after the lapse of the ten-day posting period.

4. Other documents

Depending on the nature of the clerical error to be corrected, the petitioner may submit other relevant documents to the C/MCR to further ensure the approval of his petition. On the other hand, the C/MCR may also require other documents in addition to what had already been submitted by the petitioner.

What are the supporting papers for change of first name?

SUPPORTING PAPERS FOR CHANGE OF FIRST NAME

No petition for change of first name shall be accepted unless the petitioner submits the following required supporting papers.

1. All documents, which are required to be submitted by the petitioner for the correction of clerical error, shall be submitted also by the petitioner for change of first name.

2. Clearance from authoritiesThose with criminal record or those with pending administrative civil or criminal case are prohibited from changing their first name.

Therefore, a petitioner fro change of first name shall be required to submit clearances from the following authorities:

2.1 Employer, if employed, if not, affidavit of non-employment2.2 National Bureau of Investigation2.3 Philippine National Police2.4 Other such clearances as may be required by the concerned C/MCR.

In a case where the petition is filed on behalf of another person, the clearances to be submitted shall not be for the

petitioner but for the person being represented by the petitioner. If the person represented is a minor aged less than 15, such clearances shall be complied with only if required by the C/MCR.

3. Proof of publication

The petition for change of first name is required to be published in a newspaper of general circulation at least once a week for two (2) consecutive weeks. Failure to publish the petition could mean denial or disapproval of the petition. As proofs of the publication, the petitioner is required to submit the following:

3.1 Affidavit of publication from the publisher3.2 Copy of the newspaper clipping

What much do I need to pay for correction of clerical error and/or change of name?

FEES

The C/MCR and the D/CR are authorized to collect from every petitioner the following rates of filing fees:

1. One thousand pesos (P1, 000.00) for the correction of clerical error2. Three thousand pesos (P3, 000.00) for the change of first name

The amount of filing fee is uniform for all LCROs and Shari'a Courts. The reason for this is for one C/MCR to know how much will be collect for the other C/MCR in the case of a migrant petitioner. If the fee is not uniform, the PRCR may not be able to know how much he will collect for the RKCR.

FAQ on Republic Act No. 9048

What You Need To Know About

 

 

Republic Act 9048

Act Authorizing the C/MCR or Consul General

to Correct a Clerical or Typographical Error

in an Entry and/or Change of First Name

or Nickname in the Civil Register

Without Need of a Judicial

Order

 

WHAT IS REPUBLIC ACT 9048?

Republic Act (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 need of 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.

President Gloria Macapagal-Arroyo approved the act on 22 March 2001. With the law taking effect on 22 April

2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in

the newspaper in August that year.

 

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:

 

    correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving

the change in sex, age, nationality and status of a person.

(A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying,

transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or

misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or

records.)

 

    change of a person's first name in his/her civil registry document under certain grounds specified under the law

through administrative process.

 

WHAT ARE THE CONDITIONS UNDER RA 9048 THAT THE PETITIONER NEEDS TO COMPLY

WITH?

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to

write or pronounce;

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been

publicly known by that first name or nickname in the community; or,

(3) The change will avoid confusion.

 

WHO MAY FILE THE PETITION?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed

by a person of legal age who must have a direct and personal interest in the correction of the error or in the change

of first name in the civil register.

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years

old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of his first

name.

Only the following persons are considered to have a direct and personal interest in the correction of clerical error or

change of first name:

    Owner of the record that contains the error to be corrected or first name to be changed

     

    Owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized

by law or by the owner of the document sought to be corrected.

 

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished

properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001

require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a

person authorized to administer oath.

Basically, the petition must contain the following facts or information:

    Merits of the petition

    Competency of the petitioner

    Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first

name

 

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR

TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting

documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule

5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic

requirements:

    Certified machine copy of the certificate containing the alleged erroneous entry or entries

     

    Not less than 2 public or private documents upon which the correction shall be based. Examples of these

documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS record, medical

record, school record, business record, driver's license, insurance, land titles, certificate of land transfer, bank

passbook, NBI/police clearance, civil registry records of ascendants, and others.

     

    Notice and Certificate of Posting

     

    Certified machine copy of the Official Receipt of the filing fee

     

    Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

 

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first name shall be accepted unless the

petitioner submits the required supporting papers, as follows:

    All the documents required of the petitioner for the correction of clerical error shall also be required of the

petitioner for change of first name.

     

    Clearance from authorities such as clearance from employer, if employed; the National Bureau of Investigation;

the Philippine National Police; and other clearances as may be required by the concerned C/MCR.

     

    Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings should

be attached.

 

HOW MUCH IS THE FEE IN FILING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following

rates of filing fees:

    One thousand pesos (P1,000.00) for the correction of clerical error

     

    Three thousand pesos (P3,000.00) for the change of first name

In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The

fees are the following:

    Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error

     

    One hundred fifty U.S. dollars ($150.00) for the change of first name

A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).

This service fee shall accrue to the local treasury of the PRCR.

    Five hundred pesos (P500.00) for correction of clerical or typographical error

     

    One thousand pesos (P1,000.00) for change of first name

 

WHERE SHOULD THE PETITION BE FILED?

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record

containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the

case of the Office of the Clerk of Shari'a Court where records of divorces, revocations of divorces, conversions to

Islam are kept and where some Muslim marriages are registered.

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or

domicile is different from where his civil registry record or records are registered, he may file the petition in the

nearest LCRO in his area. His petition will be treated as a migrant petition.

Republic Act No. 10172

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 FOR THIS PURPOSE REPUBLIC ACT

NUMBERED NINETY FORTY-EIGHT

 

SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is hereby amended to

read as follows:

“SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname.

– No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or

typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a

person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which

can be corrected or changed by the concerned city or municipal civil registrar or consul general in

accordance with the provisions of this Act and its implementing rules and regulations.”

SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to read as follows:

“SEC. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

(1) xxx xxx

(2) xxx xxx

(3) ‘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: Provided, however, That no correction must involve the change of nationality, age, or status

of the petitioner.”

SEC. 3. Section 5 of the Act is hereby amended to read as follows:

“SEC. 5. Form and Contents of the Petition. – The petition for correction of a clerical or typographical error,

or for change of first name or nickname, as the case may be, shall be in the form of an affidavit, subscribed

and sworn to before any person authorized by law to administer oaths. The affidavit shall set forth facts

necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent

to testify to the matters stated. The petitioner shall state the particular erroneous entry or entries, which are

sought to be corrected and/or the change sought to be made.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the

entry or entries sought to be corrected or changed;

(2) At least two (2) public or private documents showing the correct entry or entries upon which the

correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general

may consider relevant and necessary for the approval of the petition.

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 earliest school record or earliest school documents such

as, but not limited to, medical records, baptismal certificate and other documents issued by religious

authorities; 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. 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.

Furthermore, the petitioner shall submit a certification from the appropriate law enforcements, agencies that

he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy

to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil

Registrar General; and third copy to the petitioner.”

SEC. 4. Section 8 of the Act is hereby amended to read as follows:

“SEC. 8. Payment of Fees. – The city or municipal civil registrar or the consul general shall be authorized to

collect reasonable fees as a condition for accepting the petition. An indigent petitioner shall be exempt from

the payment of the said fee.

The fees collected by the city or municipal civil registrar or the consul general pursuant to this Act shall

accrue to the funds of the Local Civil Registry Office concerned or the Office of the Consul General for

modernization of the office and hiring of new personnel and procurement of supplies, subject to government

accounting and auditing rules.”

SEC. 5. Separability Clause. – If any provision of this Act shall at any time be found to be unconstitutional or

invalid, the remainder thereof not affected by such declaration shall remain in full force and effect.

SEC. 6. Repealing Clause. – Any laws, decrees, rules or regulations inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette

or in at least two (2) newspapers of general circulation.

 Republic Act No. 9255

ADMINISTRATIVE ORDER NO. 1

Series of 2004

 

RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255

(An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose,

Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines")

 

As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the

following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February

24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.

 

Rule 1.   Coverage

 

1.1        These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This

includes:

 

      1.1.1   Unregistered births;

 

      1.1.2   Registered births where the illegitimate children use the surname of the mother.

 

Rule 2.   Definition of Terms

As used in these rules, the following terms shall mean:

 

2.1.     Public document ? refers to affidavit of recognition executed by the father such as the Affidavit of Admission

of Paternity or the Affidavit of Acknowledgment.

 

2.2.     Private handwritten instrument ? an instrument executed in the handwriting of the father and duly signed by

him where he expressly recognizes paternity to the child.

 

2.3.     Local Civil Registry Office (LCRO) ? a department in the city/municipal government mandated to perform

civil registration functions.

 

2.4.     Office of the Civil Registrar General (OCRG) ? refers to the national government office mandated to carry

out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also

the Administrator of the National Statistics Office (NSO).

 

2.5.     Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to use the surname

of the father. The AUSF is a registrable document.

 

2.6.     Guardian - refers to a person lawfully invested with the power, and charged with the duty, of taking care of

one who, for defect of age, understanding, or self control, is considered incapable in administering his own affairs.

This term also refers to those authorized to exercise substitute parental authority over the child in default of parents

or a judicially appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the

following:

 

      2.6.1   The surviving grandparent (Article 214, Family Code);

 

      2.6.2   The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2),

           Family Code); and

 

      2.6.3   The child's actual custodian, over 21 years of age, unless unfit or disqualified (Article 216

           (3), Family Code).

 

Rule 3.   Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to

Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

 

Rule 4.   Where to file

 

4.1.     The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry

Office (LCRO) where the child was born, if the birth occurred within the Philippines.

 

4.2.     The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the

birth occurred within the Philippines.

 

4.3.     The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO

of Manila, if the birth occurred outside the Philippines.

 

Rule 5.   What to file

The following shall be filed at the LCRO:

 

5.1.     Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the

back

 

5.2.     Public document

 

5.3.     AUSF, including all supporting documents

 

Rule 6.   When to register

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from

the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall

be applied.

 

Rule 7.   Requirements for the Child to Use the Surname of the Father

 

7.1        For Births Not Yet Registered

 

      7.1.1   The illegitimate child shall use the surname of the father if a public document is executed

           by the father, either at the back of the Certificate of Live Birth or in a separate document.

 

      7.1.2   If admission of paternity is made through a private handwritten instrument, the child shall

           use the surname of the father, provided the registration is supported by the following

           documents:

 

                 a.   AUSF

                 b.   Consent of the child, if 18 years old and over at the time of the filing of the document

                 c.   Any two of the following documents showing clearly the paternity between the father

                 and the child:

 

                       1)   Employment records

                       2)   SSS/GSIS records

                       3)   Insurance

                       4)   Certification of membership in any organization

                       5)   Statement of Assets and Liabilities

                       6)   Income Tax Return (ITR)

 

7.2        For Births Previously Registered under the Surname of the Mother

 

      7.2.1   If filiation has been expressly recognized by the father, the child shall use the surname

          of the father upon the submission of the accomplished AUSF.

 

      7.2.2   If filiation has not been expressly recognized by the father, the child shall use the

          surname of father upon submission of a public document or a private handwritten

          instrument supported by the documents listed in Rule 7.1.2.

 

7.3        Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of

majority. The consent may be contained in a separate instrument duly notarized.

 

Rule 8.   Effects of Recognition

 

8.1        For Births Not Yet Registered

 

      8.1.1   The surname of the father shall be entered as the last name of the child in the Certificate

           of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.

 

      8.1.2   If admission of paternity is done at the back of the Certificate of Live Birth, no annotation

           is made in the Certificate of Live Birth. However, annotation shall be made in the Register

           of Births as follows:

           "Acknowledged by (name of father) on (date) pursuant to RA 9255."

 

      8.1.3   If admission of paternity is made in a separate public document, the proper annotation

           shall be made in the Certificate of Live Birth and the Register of Births. The annotation

           shall be as follows:

           "Acknowledged by (name of father) on (date) pursuant to RA 9255."

 

      8.1.4   In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with

           the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper

           annotation with regard to delayed registration shall be made.

 

8.2        For Births Previously Registered under the Surname of the Mother

 

      8.2.1   If admission of paternity was made either at the back of the Certificate of Live Birth or in a

          separate public document or in a private handwritten document, the public document or

          AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be

          made in the Certificate of Live Birth and the Register of Births as follows:

           "The surname of the child is hereby changed from (original surname) to (new surname)

           pursuant to RA 9255."

           The original surname of the child appearing in the Certificate of Live Birth and Register of

           Births shall not be changed or deleted.

 

      8.2.2   If filiation was not expressly recognized at the time of registration, the public document or

           AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be

           made in the Certificate of Live Birth and the Register of Births as follows:

           "Acknowledged by (name of father) on (date). The surname of the child is hereby

           changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

 

Rule 9.   Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1A

In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certificate of

Live Birth or on the certified transcription (LCR Form 1A) from the Register of Births.

 

Rule 10.   Duties of the Local Civil Registrar

 

10.1.     Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stated in the

affidavit and the documents presented.

 

10.2.     Accepts for registration the following documents:

 

      a.   Certificate of Live Birth

      b.   Public document

      c.   AUSF

 

10.3.     Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and

AUSF in the Register of Legal Instruments.

 

10.4.     Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.

 

10.5.     Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations.

 

10.6.     Distributes the annotated Certificate of Live Birth, registered public document or AUSF including any

supporting document as follows:

 

      a.   First copy to owner of the document;

      b.   Second copy to the OCRG;

      c.   Third copy to the LCRO.

 

Rule 11.   Retroactivity Clause

These rules shall have retroactive effect for all births occurring within and outside the Philippines.

 

Rule 12.   Separability Clause

If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the

remaining portions or provisions thereof shall not be effected by such declaration.

 

Rule 13.   Repealing Clause

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are

hereby repealed or modified accordingly.

 

Rule 14.   Effectivity

These rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

 

Ever since we wrote about Republic Act 10172 which allows correction of sex in the birth certificate without need

of going to court (Philamlaw 101, Asian Journal, 08/31/2012), we have received a lot of inquiries on when the law

will be implemented. Apparently, some of our readers had tried to start their administrative correction but were told

by their local civil registrars that the implementing rules are still being drafted. The implementing rules are

important before a law can be implemented because they lay down the requirements and the detailed procedure on

how the government agency (in this case, the local civil registrar and the National Statistics Office) will implement

the law.

Finally, the Implementing Rules and Regulations (IRR) have been completed and the law is now being

implemented. We reviewed the IRR and found them to be quite lengthy and complicated, so we will try to

summarize and simplify them for our readers.

The rules reiterate that the new law allows administrative correction (meaning without court action) of two types of

clerical or typographical errors, namely (1) error in the sex, and (2) error in the month and day of birth. You must

still go to court to correct errors in year of birth, nationality and status (i.e. legitimate or illegitimate).

However, the rules for correction of sex versus correction of day and month of birth, are different.  

If you are correcting the day and/or month of your birth, the rules are more lenient. You can do it personally or

through an authorized representative. You can file this petition in the local civil registrar in several places, namely

(1) place of birth (2) place of your current residence, and (3) Philippine consulate abroad. The petition must be

accompanied by supporting documents, such as school and medical records, baptismal certificate, employer and

police/NBI clearance, and must be published in the newspaper.

If you are correcting the sex in your birth certificate, the rules are much stricter. Only you can file the petition, and

you must file it personally. There is only one place where you can file the petition – in the place where you were

born. On top of the supporting documents, the petition must include a medical certification issued by an accredited

government physician that the petitioner has not undergone sex change or sex transplant. The local civil registrar

will examine the medical certification and issue a certification that it is authentic. 

The IRR defines and accredited government physician as a “licensed doctor of medicine who is registered with the

Professional Regulations Commission (PRC) and is  employed in any government hospitals, health institutions, or

public health offices.” Clearly, this definition excludes foreign doctors, no matter if they are recognized experts in

the field.