Posted on October 20, 2006 in Family Law, Legal Procedure
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.
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Good Day Atty!
May you please help me with my concern.
The first name that I am using is HAYLEEN in all of my documents. When I received my NSO Birth Certificate I found out that my name was misspelled as HAYLEENE. There was a letter “E” in the end of my name.
Can this be corrected under RA 9048? Please help.
Dear Atty,
Ano po bang process ang dapat gawin ng father ko para magamit ko ang surname nia..
Illegitimate child po kasi ako dahil hindi kasal ang parents ko..ang ginagamit ko pong surname ay yung sa mother ko.. Dati po kasi wala pang rights ang mga illegimate children na magamit ang surname ng father nila..American po ang father ko at merchant marine kaya hindi siya nagtatagal dito sa Philippines. Dito po kami sa Zambales nakatira,kailangn pa po bang pumunta ng father ko sa Manila at ng atty. para magamit ko surname nia?
Dear Sir,
Good day to you, I just want to ask what to do with my Birth Certificate. I use the CHONA MACALDO GOÑA since I started going to school. But when I requested the agent to get my authenticated birth certificate, It came out there CHONA BETONIO MACALDO and that made me like an illegitimate child. am the 4th child in the family of eight.
What am i going to do with this problem.
Hope you can give me the right thing to do.
I need my authenticated NSO as soon as posible, for my application abroad.
Thanks and hope to hear from You soon.
Chona Macaldo Goña
Good Afternoon atty,
Im chiqui ,i wanna ask lang po…im 28 years old na po…in my local birthcertificate yung naka write po is chiqui velez po…then when i try to get my birth certificate sa nso yung nakasulat po is VELEZ only s my family name no name po…what will i dowith this?and yung birthplace ko po malayo nasa bacolod city po….
hllo good day po!!!
nais ko lang po mag patulong regarding with my birth certificate kasi po im female but in my birth certificate im male, im planning tp get passport to abroad and take my ojt but sabit ako sa birth certificate ko…ano ba maari ko gawin..plz help naman ohh?
Pwede ba ako mag late registered sa nso.
dear sir/mdm,
gud am po sa inyo i really need some advices of my birth certificate ang dami po kasing mali na spelling pati din sa mga parents ko at ang nalalagay din sa birth ko is male instead of female pls i wanna hear from you as soon as possible i need some advices about this,,,thank you very much!!!
ano po ba dapat gawin my problem po kasi sa birth certificate ko instead na female po ang gender ay male po ang nakalagay even my middle initial po instead na aniceto ay naging aneceto po.. sana po matulungan nya ko… tnx in advanced…
ano po ba dapat gawin my problem po kasi sa birth certificate ko instead na female po ang gender ay male po ang nakalagay even my middle initial po instead na aniceto ay naging aneceto po.. sana po matulungan nya ko… tnx in advanced… you can email me here nancee1981@yahoo.com
hi
ask ko lang po…s birth cerificate ko po ksi nklagay “LEVY-LYN” pero s mga ibang records ko po..ang ngagamit ko ay “LEVY LYN” nlng..without the dash…i’m planning to apply for a passport ksi…magkakaproblema po b kapag ganun?
sir ako rin i have a problem male kasi nansa birthcert ko pero female po ako ano po ma advice mo sir need ko asap makakuha passport at the same time married na po ako..
To anyone that can help me:
Please help me, in behalf of my friend. His name is BRIAN (as recorded in Civil Registrar), but upon request of Certificate of Birth in NSO it appeared to BRYAN. Since birth he was using BRIAN. Is he covered the Republic Act No. 9048? Please, please help me.
Thank you!
Ask ko din po kung saan siya directly punta? To avoid fixers po. Maraming salamat.
what would be the process if the gender is the problem? thanks
Hi. Good pm.i’m trying my luck if my issue with my BC can be answered here. It’s seems that most of the questions are unanswered here..correct me im wrong though. Nagrereply ba sila?
anyway, my problem with my BC is that my first name is different from what i’m using right now.i didn’t know it until i got a copy of my BC from NSO.[i guess that is covered sa RA 9048 - can be corrected w/o court intervention] now, my last name is different also. Yung nasa BC ko is last name ng mother ko..while yung mga records ko is im using my fathers last name.they are not married.lumalabas din na illegitimate child ako.How will i go about it?Nagrerequire na ba ng court intervention yun case ko? What are the steps/options or process na pwede ko gawin? also, sa DFA, when applying for a passport, pwede ko po ba pagawan na lang ng affidavit [of the same person] to indicate na ako at yung nasa BC ko eh iisang tao? I hope my queries can be answered here..tagal ko na din kasing problema ‘to. appreciate any help.
Salamat & God Bless.
Good morning…..want to seek some advice from you.I have this problem with my BC.Its in the middle name of my mother instead of “O” it was “A” they write its just 1 letter error. Another problem is that im far away now in my birth place.The advice of NSO is to go back in my birthplace which is so far from were i am now.Thank you……..hope can help me