Republic Act No.

10172 Correction of Clerical and Typographical Errors in Month and Date of Birth
and Sex of a Person Appearing in Civil Register

January 26, 2013

Tags: change of gender, clerical error, correction of date of birth, correction of sex, petition for correction of entry, philippine laws, RA 10172, typographical

error
President Benigno S. Aquino III recently signed into law Republic Act No. 10172 entitled 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. The said law amended Republic Act
No. 9048, particularly Section 1 thereof and now allows the concerned city or municipal civil registrar or consul
general to change or correct without a judicial order, 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.

Whereas before it was only clerical or typographical errors and change in the first name or nickname of a person
which may be changed or corrected by a city or municipal civil registrar or consul general without a judicial order,
RA 10172 now allows changes or corrections in the month and date of birth and sex of a person, even without the
person petitioning the court.

WHAT IS A CLERICAL OR TYPOGRAPHICAL ERROR?

As defined under RA 10172, 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: Provided, however, That no
correction must involve the change of nationality, age, or status of the petitioner.

FORM AND CONTENTS

So how do you apply for a correction under RA 10172?

The law states that a 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.

Also, a petition for correction of erroneous entry concerning the date of birth or the sex of a person should be
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;

Moreover, any entry involving change of gender must be 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.

Republic Act No. 10172 Implementing Rules and Regulations

Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF

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 Act Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar
General (OCRG) hereby promulgates the following rules and regulations of
Republic Act No. 10172 which was approved on August 15, 2012 for the
information, guidance and compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO)
through the OCRG to carry out and administer the provisions of Act No. 3753
otherwise known as the Civil Registry Law.

This Order shall be suppletory to Administrative Order No. 1, Series of 2001

(Implementing Rules and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No.
9048. Section 1 of this Amendatory Law provides, 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 (C/MCR) or consul general in accordance with the
provisions of this Act and its implementing rules and regulations.

IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing
laws, including the Consul General, are hereby authorized to correct clerical
or typographical errors in the day and month (date of birth) or sex of a
person in the civil register for birth.

Rule 2. Definition of Terms

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

2.1. 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 must involve the change of nationality, age (refers to the
correction on the year of birth), or legitimacy status of the
petitioner/document owner.

2.2. Sex Refers to the biological and physiological characteristics that

define men and women.

2.3. 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.

2.4. Accredited Government Physician Refers to 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.

2.5. Medical Certification Refers to the certification issued by the

accredited government physician attesting to the fact that the
petitioner/document owner has not undergone sex change or sex
transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of
birth:

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
in the date of birth of a person in the civil register for birth, 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 duly
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.

3.2. For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition
with the civil registry office where the birth certificate is registered.

Rule 4. Where to file the petition

4.1. 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 C/MCR 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.

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 C/MCR of
the place of birth, the petition may be filed with the C/MCR of the
place where the petitioner is residing or domiciled.

Any person whose birth record was reported abroad and presently
residing in the Philippines, the petition may be filed with the C/MCR of
the place of residence following the procedures of migrant petition.

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, may file the petition with the nearest Philippine
Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR 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.

Rule 5. Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001,

shall be observed.

Rule 6. Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001

shall be observed. In addition, as supporting documents to the petition, the
following shall be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious
authorities;
 6.4. 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:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.

6.5. 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; and
6.6. 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.

Rule 7. Posting and publication of the petition.

Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001

shall be observed.

Rule 8. Duties of the C/MCR

Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001

shall be observed.
In addition, the C/MCR shall issue a certification on the authenticity of the
certification issued by the accredited government physician certifying that
the petitioner/document owner has not undergone sex change or sex
transplant.

Rule 9. Duties and powers of the CRG

Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001

shall be observed.

Rule 10. Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three

thousand pesos (P3,000.00) for petition to correct the day and/or month in
the date of birth or sex. 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.

In the case of a petition filed with the CG, a filing fee of one hundred fifty
U.S. dollars ($150.00) or its equivalent value in 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 petition for correction of clerical

error under R.A. 9048, simultaneously, with a petition for correction of
clerical error under R.A. 10172, and the same document is involved, the
petitioner/document owner shall pay only the amount of P3,000.00
corresponding to the fee under R.A. 10172.

All fees collected by the C/MCR or the consul general pursuant to this Law
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.

The local legislative body shall ratify the fees herein prescribed upon
effectivity of this Order. Prior to ratification by the local legislative body,
all fees collected in connection with this Order shall go to the LCRO trust
fund, provided, however, that the fees prescribed therein shall be uniform
in all cities and municipalities in the country, and in all Philippine
Consulates.

Rule 11. Retroactivity clause

This Order shall have retroactive effect insofar as it does not prejudice or
impair vested or acquired rights in accordance with the Civil Code and other
laws.

Rule 12. Separability clause

If any portion or provision of this Order is declared void or unconstitutional,

the remaining portions or provisions thereof shall not be affected by such
declaration.
Rule 13. Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof inconsistent

with the provisions of this Order are hereby repealed or modified
accordingly.

Rule 14. Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two newspapers of general circulation.

Approved this 24th day of October 2012.

CARMELITA N. ERICTA
Civil Registrar General
AQ 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.

For further inquiries, write, call or visit:

PHILIPPINE STATISTICS AUTHORITY

3/F Vibal Building

Times Street cor. EDSA, West Triangle
Quezon City, 1100
Telephone: (02) 926-7333
Fax: (02) 926-7329 / 926-9973

E-mail: E.Orcilla@psa.gov.ph