Change of name without court intervention (R.A. 9048)

It’s now easier to ask for corrections in first names and typographical errors under Republic Act No. 9048, which took effect on 22 April 2001. Under this law, the city or municipal civil registrar (or the consul general) may correct a clerical or typographical error in an entry, or change the first name or nickname in the civil register without need of a court order. The law characterizes “clerical or typographical error” as:

xxx 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.

Based on this characterization, there’s a wide discretion in interpreting what constitutes a clerical or typographical error. There’s no definite list and an applicant may show through documents that a particular entry – except nationality, age, status or sex – is erroneous. In one case, the SC noted that the changes sought (surname of the son, the date of the parents’ wedding and the informant’s name) are substantial changes an not merely clerical errors.

Update: Thank you to some who took time to answer some of the questions. Considering that there are unanswered questions and because I don’t have the luxury of time, we shall try to address the issues through the Q&A here. This will be updated from time to time to address new issues. Please go through the questions before posting a query (and please remember that this is a discussion, so feel free to address the issues).

Does this law cover other errors?

Many have errors in the surname, gender (i.e., male or female), birth date, age, nationality (e.g., Filipino), status (single, married) reflected in the entries appearing at the civil registrar. These substantial matters are not covered by this law. Corrections covering these matters require a petition to be filed in court.

197 Comments

Filed under Family Law, Legal Procedure

197 Responses to Change of name without court intervention (R.A. 9048)

  1. Dear Leonela, visit the local civil registrar where your birth certificate is located. I’m sure they will be very helpful to you in filling up the right forms. Good luck and God bless.

  2. Leonela C. Miranda

    Thnk you so much atty…

  3. cristian

    asked ko lang po sana nung una change ko daw sa high school name ko gawin ko daw cristian ok na pagbalik ko yung birth na nakuha ko sa nso noong 2001 may christian mali din kaya pinapaayos kunin ko daw yung lokal civil registry ko at nso bago, nakita nila cristian nakalagay lahat record ko cristian na pinagpapaliwanag ako, bakit daw mali yung dalawang nso magkaiba 2001 ako kumuha bago lang po ako d2 manila noon nun nung kunin ko yun nagpunta ako nso noon 2001 nadali po ako nang fixer sa nso nagpakilala taga nso… ngaun ang problema ko high school ko lahat credentilas pinasa ko sa pup christian lahat credentilas ko now is cristian na….

  4. Mario G. Visitacion

    i would like to inquire regarding my child’s change of first name. he was born abroad in najaran,ksa way back 1990 and registered under then name of najer king d. visitacion at nso. he’s using the name of omar king d. visitacion in his baptismal, school records from elementary, high school & college.my question is, what specific govt agency and the right venue where we can file his change of name petition?
    thank you very much atty.

  5. shajara mollard

    i need help badly i am in manila and my birth place is bacolod. as i have my Cert true copy of birth cert all along. ngayon i went to get my NSO and my name was double it became shajara shajara. since DFA dont want to accept it unless i have it corrected i wanna know if this is a clerical error because the other name was hand written obviously and the rest are type written. please advice on how i can defend this since the bacolod wants to make me go through change name instead of clerical. and how long can i obtain copy from NSO once i get this fix too? thanks!

  6. atty kkk

    Hi..

    How about mispelled (wrong spelling)middle name? is it covered in this Law?

    Thanks…

  7. Hazel Taroy

    Hello Atty,

    I filed my annulment decree at NSO after it was registered at the Manila City Hall last May 29, 2012. My request to register said decree was rejected for the dispositive portion of court decision is different from the marriage certificate. On the dispositive portion it stated January 26, 1994 instead of January 6, 1994. I have a certification from the RTC, branch 194 Parañaque City that January 26, 1994 was a typographical error. Do we have to file a motion to amend the dispositive portion of the court decision?

    Thank you in advance for your reply. I would appreciate it very much.

    Regards,
    Hazel

  8. Erika

    hello Ms. Hazel,

    although di to sagot sa tanong mu, just wanna ask you how long did you wait for your annulment case? from the time you filed it and for receiving the final decree? thank you so much, i’m still on the process xe

  9. Hazel Taroy

    Hello Erika,

    It took me less than 2 years about a year and 6 months if I am not mistaken. Good luck! :-)

  10. Erika

    thanks for the reply :) good for you. mine is 1year and 5mo now but my last hearng wil be on august pa. (psychologist) ilang witness ba pineresenta mu? sorry for asking ha? gs2 q lng makakuha ng infos coz success na ung sau :)

  11. Hazel Taroy

    Just two witnesses from my end. Just a word of advice, when you get the annulment decree check all the details. The registration at the Local Civil Registry and at NSO takes time as well.

    All the best!

  12. Erika

    thanks Ms. Hazel :) last question, how many months will it takes ang registration nun b4 mkakakuha ka na ng copy mu? God bless hope and pray mine will be a success din

  13. Hazel Taroy

    2 months at the Local Civil Registry and 2 to 3 weeks at NSO.

  14. hi, gusto ku po malaman kung anu dapat kong gawin kasi po ung name ko sa birth certificate ay walang middle kase illegitimate child ako, pero simula ng mag-aral hanggang ngaun na my trabaho na ko my nilalagay akong middle name, yung middle name at surname ng nanay ko yun din po ang gamit ko.. anu dapat kong gawin? kukuha po kasi aku ng passport.. thanks sa makakasagot.

  15. Racquel

    Hi can i ask papano koba mapapalitan ang lastname ng anak ko kc gamit nya sa ama at nilagay kasal kami hinde nman then yung name ko sa birth certifcte nya rachel hindi racquel. Now ilang years na kami walang contact ng ama nya so what can i do please advise me at ano dapat ko gawin thanks

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