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.
However, with the birth of Republic Act (R.A.) No. 9048, which was approved on March 22,
2001, certain entries in the civil register may be changed without necessitating judicial order,
provided it only involves clerical or typographical errors and change of first name or nickname
(Section 1, R.A. No. 9048). The petition for correction of entry must be filed before the local
civil registry office of the city or municipality where the record being sought to be corrected or
changed is kept. If the petitioner has already migrated in another place and it would not be
practical for such party, in terms of transportation expenses, time and effort to appear in person
before the local civil registrar keeping the documents to be corrected or changed, the petition
may be filed, in person, with the local civil registrar of the place where the interested party is
presently residing or domiciled. The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition. Nevertheless, for Filipino citizens who
are presently residing in foreign countries, they may file the petition, in person, with the nearest
Philippine Consulate (Section 3, R.A. No. 9048).

In the situation of your husband, it is advisable for him to file a petition before the local civil
registry office of the place where his birth was registered. The petition shall be in the form of an
affidavit particularly stating the erroneous entry in his birth certificate relative to his surname,
and the same must be subscribed and sworn to before any person authorized by the law to
administer oaths. Pursuant to Section 5, R.A. No. 9048, your husband must attach in his petition
the following: (1) certified true machine copy of his birth certificate; (2) at least two public or
private documents showing the correct entry upon which the correction shall be based; and (3)
such other documents which he or the city or municipal civil registrar may consider relevant and
necessary for the approval of his petition.

We hope that we were able to answer your queries. Please be reminded that this advice is based
solely on the facts you have narrated and our appreciation of the same.

Our opinion may vary when other facts are changed or elaborated.

For Correction of Clerical Error

 Birth/Marriage/Death containing the alleged erroneous

entries (3 Certified Xerox Copies)
 Birth Certificate of Father (3 Certified Xerox Copies)
  Birth Certificate of Mother (3 Certified Xerox Copies)
 Marriage Contract of Parents (3 Certified Xerox Copies)
 Birth Certificate of Two (2) Siblings (3 Certified Xerox Copies)
 Baptismal Certificate (3 Certified Xerox Copies)
 School Record (3 Certified Xerox Copies)
 Voter’s Registration Record (3 Certified Xerox Copies)
 Other

Clearances

 NBI Clearance (Name Wrongly Entered)

 Police Clearance (Name Wrongly Entered)
 Employer’s Certification/Clearance (3 copies). Please state
“No Administrative & Criminal Cases Pending.”
 Ombudsman Clearance (If Government Employee)
 Affidavit of No Employment (If not employed)
 Affidavit of Explanation for Change of First Name (3 copies)

Filing Fees and/or Service Fees

Filing Service Fee (Migrant Petition

Fee only)
Correction of Clerical
P1,000.00 P 500.00
Error
Change of First Name P 3,000.00 P 1,000.00

Procedure

Step 1: Go to Civil registry office or municipality where your birth

certificate is registered. Get a transaction ID for RA 9048 at the Front
Desk
Step 2: Present your civil registry record to be corrected or changed
(CCE or CFN) with the supporting documents for evaluation at the
RA 9048 staff

Step 3: Fill up the necessary forms (document track form &

petition)

Step 4: Pay the filing fees and/or service fees at the City Treasure’s
Office.

Step 5: File the petition at the Administrative Division and get the
file copy of the petition with claim stub

Note: For Change of First Name (CFN), cause the publication of the
NOTICE OF PUBLICATION in a newspaper of general circulation for
two (2) consecutive weeks. Thereafter, submit the newspaper
clippings and affidavit of publication to the CCRO.

Step 6: Pay the corresponding fees for the registration of the

Decision after the Decision of the CCR is affirmed by the OCRG

Step 7: Return to the CCRO on the day specified in the claim stub to
receive the Certificate of Registration.

Please note that, if petitioner is a minor or physically or mentally

incapacitated, petition may be filed by his spouse, or any of his
children, parents, brothers; sisters; grandparents, guardians, or
persons duly authorized by law.

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)