REPUBLIC ACT 10172
What is R.A. 10172?
It is an act furthering the authority of City/Municipal Civil Registrar or Consul General to correct clerical errors in the day and month of birth or sex of a person without the need for judicial order. It is an amendment of R.A. 9048.
What can be corrected in R.A. 10172?
Clerical or typographical errors in an entry in the civil registrar that is harmless, such as misspelled name or misspelled place of 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 of records.
What are the entries which cannot be corrected?
No correction must involve the change of nationality, age, or status of a person.
What are the form and the contents of the petition?
The petition for correction of clerical or typographical errors shall in a form of an affidavit subscribed and sworn to before any person authorized by law to administer oaths. The affidavit shall contain facts to establish merits and shall affirmatively show that the petitioner is competent to testify to the matters stated. Particular entry/entries which is/are sought to the corrected shall be stated in the petition. Petition shall be supported by the following documents:
Certified true machine copy of the Certificate of Live Birth (COLB ) or of the page of the registry book containing the entry/entries to be corrected.
At least two (2) public or private documents showing the correct entry/entries upon which, correction shall be based.
Other documents which the petitioner or civil registrar or consul general may consider relevant or necessary for the approval of the petition.
For the correction of entries concerning the date of birth or sex of a person, following documents are also needed aside from those cited above:
Earliest school record or school documents such as medical records, baptismal certificate or other documents issued by religious authorities (baptismal).
Certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change of sex transplant; which shall be issued a Certificate of Authenticity by the C/MCR concerned.
The petition for change of first name or nickname or correction of the day and month of birth or sex shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Thus, an Affidavit of Publication shall also be submitted.
The petitioner shall also submit a certification of no pending case or no criminal record from appropriate law enforcement agencies ( NBI Clearance, Police Clearance and Employer’s Clearance or Affidavit of Non Employment).
The petition and its supporting papers shall be filed first copy to the concerned city/municipality city registrar or the consul general ; second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
Who may file the petition?
a. For correction of entry on the day/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 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 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 children, parents, brothers, sisters, guardians, or persons duly authorized by law.
b. 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.
Where to file the petition for correction?
a. For correction of entry on the day and/or month in the date of birth
May be filed with the C/MCR of the city of municipality or the Philippine Consulate
When the petitioner has migrated to another place within the Philippines, the petition may be filed with the C/MCR of the place where the petitioner is residing.
A person whose birth record residing in the Philippines, the presently residing in the Philippines, the petition may be filed with C/MCR of the place of residence.
Any person whose birth record was registered in the Philippines, or in nay Philippine Consulate, but who is presently residing abroad, may file the petition with the nearest Philippine Consulate.
b. For correction of clerical and typographical error in the entry of sex:
The petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, where the record to be corrected is registered.
Are there any fees to be collected?
Rule 10 of the implementing rules and regulation of this act, authorized the C/MCRs to collect 3,000 pesos from every petitioner for petition to correct the day and/or month in the date of birth or sex. An indigent petitioner shall be exempted from paying the required fee provided that a certification from City/Municipal Social Welfare and Development Office than the petitioner is indigent shall be presented.
When a petition is filed in a CG, a filing fee of one hundred fifty U.S. dollars ($150) or its equivalent value in local currency shall be collected.
In the case of 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 shall accrue to the funds of the LCRO concerned or the OCG 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 effectively 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 herein shall be uniform in all cities and municipalities in the country, and in all Philippine Consulate.