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 4102 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 of the same year.
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.
- change of a person's first name in his/her civil registry document under certain grounds specified under the law through administrative process.
Basically, there are two uses:
1. Legally, these records establish the occurrence of birth, death, or marriage, and therefore provide prima facie evidence of facts surrounding these events.
Birth records present many facts about an individual such as person’s name, date and place of birth, parents, religion, and citizenship, among others. The marriage certificate establishes a change in civil status and the legal spouse, while the death certificate records the passing away of an individual. These records are important in legal and personal transactions, applying for jobs, obtaining passports for travel, entrance to school, claiming insurance benefits, and in others.
2. Statistically, these records provide data on the number of births, deaths, marriage, fetal deaths, adoptions, and the like, which in turn are essential in development planning.
WHAT MUST BE REGISTERED?
Registrable vital events are:
- Fetal death
WHO SHOULD REPORT THE EVENT?
- The administrator of the hospital, clinic, or similar institution where the birth occurred
- The physician, midwife, or any person who attended the delivery of the child; or
- In default of the hospital or clinic administrator or attendant-at-birth, either or both of the child’s parents.
- The administrator (or his authorized representative) of the hospital, clinic, or similar institution where the person died;
- The person who last attended the deceased (such as physician, nurse, midwife, faith healer, or other persons) when the place of death is not in a hospital, clinic or similar institution; or
- The nearest relative of the deceased or any person who has knowledge of the facts of death, when there is no attendant-a-death or the place of death is not in the hospital, clinic or similar institution.
- the solemnizing officer or the person officiating the marriage (such as priest, judge, imam, and the like); or
- In default of the solemnizing officer, either or both of the contracting parties.
WHEN SHOULD AN EVENT BE REGISTERED?
Birth, death and fetal deaths should be reported to the Office of the Civil Registrar where the event transpired not later than thirty (30) days from occurrence.
Marriages exempted from the license requirement should be reported to the Office of the Civil Registrar not later than (30) days from occurrence.
On the other hand, marriages that require licenses should be reported to the Office of the Civil Registrar not later than fifteen (15) days after the date marriage.
Events not registered within the period stated above are considered late or delayed registration.
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.
(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.
The requirement is a document, public or private, wherein the child is recognized as such by the father.These are the affidavit found at the back of the Certificate of Live Birth (COLB), a separate public document executed by the father, or a private handwritten instrument made by the father expressly recognizing the child as his. In case of the latter the instrument must be in the handwriting of the father and signed by him.
The Affidavit to Use the Surname of the Father (AUSF) is used in cases where recognition is made through a private handwritten instrument, or when the birth has already been registered under the mother’s surname with or without father’s recognition.
For private handwritten instruments, other documents are required to be submit-ted to support the claim made. In particular, submission of any two of the following is needed:
- Employment records
- SSS/GSIS records
- Certification of membership in any organization
- Statement of Assets and liabilities
- Income Tax Return (ITR)
Consent of the child is necessary, if the child is eighteen (18) years old or more at the time of the recognition.
WHO MAY FILE?
The father, mother, child, if of the legal age, or the guardian may file the public document or AUSF in order for the child to use the surname of the father.
WHERE TO FILE THE PUBLIC DOCUMENT OR THE AUSF?
1. If the child was born in the Philippines and the public document or the AUSF was executed in the Philippines, the public document or the AUSF shall be registered at the Local Civil Registry Office (LCRO) of the place where the child was born.
2. If the child was born in the Philippines and the public document or the AUSF was executed outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila.
3. If the child was born outside the Philippines and the public document or the AUSF was executed in or outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila.
After registration of the public document or the AUSF, the LCRO of the place of birth shall annotate the record of birth and the appropriate entry in the registry book. For births which occurred outside the Philippines, the annotation of the record of birth shall be done by the OCRG.
WHEN SHOULD THE PUBLIC DOCUMENT OR THE AUSF BE FILED?
Recognition or acknowledgment made in a public document other than the record of birth or the AUSF shall be registered within 20 days from the date of execution.
The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filling fees:
v. One thousand pesos (P 1,000.00) for the correction of clerical error
v. 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:
v. Fifty U.S. dollars ($ 50.00) for the correction of clerical or typographical error
v. 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 Civil Registrar (PRCR).
This service fee shall accrue to the local treasury of the PRCR.
v. Five hundred pesos (P500.00) for correction of clerical of typographical error
v. One thousand pesos (P 1,000.00) for change of first name
WHERE THE PETITION SHOULD 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.