No Need to File in Court to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Birth Certificate

Under Republic Act No. 9048, the city or municipal civil registrar or the consul general is authorized 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.

Image grabbed from MasterCitizen's Blog-WordPress.com

For this reason, there is no need to file in court to correct a clerical or typographical error in an entry and/or change of first name or nickname in the civil register.

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 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, status or sex of the petitioner.

Note:  With the enactment of Republic Act No. 10172, error in sex of the petitioner can now be filed before the city or municipal registrar or the consul general.

Who May File the Petition?

Any person  of legal age, having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register, may file the petition.

A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or 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 behalf by his spouse, or any of his children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.

Where to File the Petition?

The petition may be filed in person, with the LCRO of the city or municipality or with the Office of the Clerk of the Shari'a Court, as the case may be, where the record containing the clerical or typographical error to be corrected, or first name to be changed, is registered.

When the petitioner has already migrated to another place within the Philippines and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the RKCR (Record-Keeping Civil Registrar), the petition may be filed, in person, with the PRCR (Petition-Receiving Civil Registrar) of the place where the migrant petitioner is residing or domiciled.

Any person whose civil registry record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition, in person, with the nearest Philippine Consulate.

Please remember that all petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of ONLY ONCE.

What are the grounds for Change of First Name or Nickname?

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.

What are the supporting documents needed?

The petition for the correction of clerical or typographical error 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 public or private documents showing the correct entry or entries upon which the correction or change shall be based;

3.  Notice or certification of posting;

4.  Other documents which the petitioner or the C/MCR, or the CG, or D/CR may consider relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall be supported with:

1.  Same documents required with for the correction or typographical error;

2.  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

c.  Philippine National Police.

3.  Affidavit of publication from the publisher and a copy of the newspaper clipping.

The petition and its supporting documents shall be filed in three copies.

Payment of Fees:

The C/MCR or the D/CR is hereby authorized to collect from every petitioner a filing fee in the amount of One Thousand (P1,000.00) Pesos for the correction of clerical or typographical error, and Three Thousand (P3,000.00) Pesos for change of first name or nickname.

An indigent petitioner shall be exempt from the payment of said filing fee.

In the case of migrant petitioner for correction of clerical or typographical error, there shall be service fee of Five Hundred (P500.00) to be collected by the PRCR.  In case the petition is for change of name, the service fee is One Thousand (P1,000.00) Pesos.

In the case of a petition filed with the CG, a filing fee of Fifty ($50.00) U.S. Dollars or its equivalent value in local currency for the correction of clerical or typographical error, and One Hundred Fifty ($150.00) U.S. Dollars or its equivalent value in local currency for the change of first name.

When the petitioner files a petition for correction of clerical or typographical error, simultaneously with a petition for change of first name, and the same document is involved, the petition shall pay only the amount corresponding to the fee for the petition for change of first name.

Note that a person who violates any of the provision of this law shall be penalized by imprisonment of not less than 6 years but not more than 12 years, or a fine of not less than P10,000.00 but not more than P100,000.00, or both, at the discretion of the court.