Civil Registrars Can Correct Errors in Day and Month or Sex in the Birth Certificates

With the enactment of Republic Act No. 10172, the correction of clerical or typographical errors in the day and month in the date of birth or sex of a person appearing in the civil register shall be done without a need of a judicial order.

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Thus, there is no need to file in court to correct this type of clerical or typographical errors.

As defined:

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 on the entry of day and month in the date of birth or the sex of the person, 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 to other existing record or records: (refers to the correction on the year of birth), or legitimacy status of the petition/document owner.

Sex - refers to the biological characteristics that define men and women.

Day and Month of Birth - refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected.

Who may file the petition?

For correction of entry on the day and/or month in the date of birth, the petition may be filed by any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month of a person in the civil register for birth.

A person is considered to have direct and personal interest when:

1.  He is the owner of the record; or

2.  Owner's spouse, children, parents, brothers, sisters, grandparents, guardian; or

3.  Any other person authorized by law or by the owner of the document sought to be corrected.

Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.

For correction of a clerical or typographical error in sex, the petitioner affected by the error shall personally file the petition with the civil registry office where the birth certificate is registered.

Where to file the petition?

For correction of clerical and typographical error in the entry of the day and/or month in the date of birth, the verified petition may be filed with the Local Civil Registrar (LCR) of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered.

So, the petition may be filed with the LCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record is registered.

However, when the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the LCR of the place of birth, the petition may be filed with the LCR of the place where the petitioner is residing or domiciled.

For any person whose birth recorded was reported abroad and presently residing in the Philippines, the petition may be filed with LCR of the place of residence following the procedures of migrant petition.

And for any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, the petition may be filed with the nearest Philippine Consulate.

For correction of clerical and typographical error in the entry of sex, the verified petition shall be filed personally with the LCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

What are the documents needed to support the petition?

1.  Earliest school record or earliest school documents;

2.  Medical records;

3.  Baptismal certificate and other documents issued by religious authorities;

4.  A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:

a.  Employer, if employed;

b.  National Bureau of Investigation; and

c.  Philippine National Police

For the petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping.

In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

How much would it cost to file the petition?

A payment of Three Thousand Pesos (P3,000.00) shall be collected for the petition to correct the day and/or month in the date of birth or sex filed with the LCR.

In the case of a petition filed with Consul General, a filing fee of One Hundred Fifty U.S. Dollars ($150.00) or its equivalent value in the local currency for the correction of clerical or typographical error is required.

In the case of a migrant petition, there shall be a service fee of One Thousand Pesos (P1,000.00) to be collected by the PRCR.

When a petitioner/document owner files the petition for correction of clerical error under R.A. 9048, simultaneously, with a petition for correction of clerical error under R.A. No. 10172, and the same document is involved, the petitioner/document owner shall pay only the amount of Three Thousand Pesos (P3,000.00) corresponding to the fee under R.A. No. 10172.

How about for an indigent petitioner?

An indigent petitioner shall be exempt from paying the required payment, provided that the petition is supported by a certification from the City/Municipal Social Welfare Office that the petitioner/document owner is INDIGENT.