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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Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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Hi Good Day Atty,
Tanong ko lang po if under pa sa RA 9048 if yung date of marriage ng parents sa Birth Certificate ko ay mali yung date. In fact, they we’re not yet married when i was born. They just lied when they we’re asked if they we’re married since i am the 3rd child and i can’t have my father’s name if they’re not married. Thanks for the info. Please email me as well. mehlaibuzz21@yahoo.com.
I just got a copy of my NSO Birth Certificate. To my surprise, the gender indicated in my copy is wrong, instead of female (F), it say’s there I’m a male (M).
I went to the local civil registration office to find out what happened and they told us that my municipal birth certificate was flooded and so, the copy is not available anymore and that the only option we have is to file or seek for a court order.
Years ago, my father was able to secure a copy of my municipal birth certificate right there in the local civil registration office and it’s indicated in the copy that I am a Female.
I need your advise because I am soon to have a job and I don’t want this case to hinder me from helping my family. Thank you in advance for the help.
Hi I need your advice on what to do. We just received the authenticated NSO Marriage Certificate but to found out that my wife’s BIRTH OF PLACE is wrong. Supposedly it’s GONZAGA CAGAYAN not Batac City Ilocos Norte(who use to be her Place of Residence/hometown). Please advice me what to do. Place of Marriage is in Makati City Philippines last April 24, 2010. My wife is now in Vancouver Canada and she needs to renew her passport and update her status from single to married there. Thanks. Please contact me with these info: air_91980@yahoo.com
My wife Birth Certificate issued by NSO OCRG is correct but only our Marriage Certificate has error in her BIRTHPLACE
Good Day po Atty.
Ako po si John Paul Humilde Reyes..Ask ko lang po kung ano po magandang gawin sa problema ko sa name ko po..Kc po ung Middle Initial ko na HUMILDE po ei nawala po what i mean is iba po yong nailagay instead of HUMILDE po sna ung ilagay ei PAUL po ung nailagay sa Birth Certificate ko..Ei ung PAUL po ei Karugtong po ng name ko yun, JOHN PAUL po kc name ko.
Ano po gagawin ko?..
Tnx po and Godbless!!!
i just want to know kng ano po mgandang solusyon sa prob ko sa name ko po..JOHN PAUL HUMILDE REYES po name ko pero ang nkalagay sa BC ko po ei JOHN PAUL REYES..nawala po ung HUMILDE at naging PAUL po ung M.I. ko..At naging JOHN nlng po name ko na JOHN PAUL po sna..
PLS HELP ME PO
TNX!!
Hello Attorney,
My nephew was born in a public hospital and the nurse who completed his birth certificate reflected an erroneous gender of Female instead of Male because his assigned name was Abecel (a combination of Abel and Cel) which was thought of a girl’s namen rather than that of a male. To make things worst, my brother and sister in law were not able to check the gender portion of the filed certificate but focused on the name only. This is not covered under RA 9048. How could we correct since he needs to apply for a passport and plans to apply as OFW?
Hello Attorney
I have the same problem with Ms. Pamela Bade
” Posted August 7, 2010 at 1:56 AM
Hi Good Day Atty,
Tanong ko lang po if under pa sa RA 9048 if yung date of marriage ng parents sa Birth Certificate ko ay mali yung date. In fact, they we’re not yet married when i was born. They just lied when they we’re asked if they we’re married since i am the 3rd child and i can’t have my father’s name if they’re not married. ”
I really need your opinion regarding this matter so bad. Thank you in advance.
M
In your case where the status of the child involves meaning as declared in your birth certificate, you are a legitimate child where in fact you are not, that problem is not covered with RA 9048 . This problem should undergo judicial proceedings. Meaning, you have to consult a lawyer, file the case at court.
Hello Atty. Fred,
May I ask if how many days/weeks/months til the order may release after I applied for the Change Name Request I submitted? It took me so long for now, almost 2 months.
Hoping for your kind response! Thank you and good day to all!
hello atty,
gud day gusto ko lang malaman ano po ba ang RA number that we can use our surname from single surname.the surname of my father..without the husband consent..ako po ay 13 yrs separated from my husband 2 children without the support from my husband.i dont know where he is now.,gusto ko lang ibalik ang surname ko sa pagkadalaga without anulment or what..mahal kasi anulment..gusto ko ibalik at gamitin ang surname ko ,surname ng papa ko..
tnx and hope your answer will can keep my mind peace..thanks a lot..
hi Atty,
6years na po akong hiwalay sa asawa ko kaso hindi pa po legal, bcoz of funds, my sarili na po syang pamilya ngayon at may anak na din po. Gustong ko na pong hindi gamitin ang apelyedo nya na kasalukuyan ay gamit ko. Tapos po ala na din kaming kumunikasyun, nakapagpapirma po ako ng waiver sa kanya na hindi ko na po sya benefeciary sa kahit na anung grounds. Pwede na po ba akong mag file ng legal separations at the same time anu po ang dapat kong mga steps for this, sabi po kasi nila if 10years ala na kayung komunikasyon pwede ng maging void ang marriages specialy pag ala kayung anak…. thank you po… hope to have the answer….
hi atty.
just want to ask how could i change my son’s whole name? i and his father were never married and i decided to leave him after hitting me. and it is almost about one year and lucky enough that we have never heard from him. and also, if i file for an abandonment at the dswd will he ever have a say in my changing my son’s name? i am planning to go abroad so i wanted to change my son’s name while he’s only 14months old.
please do reply atty. i will very much appreciate it.
ask ko po yung surname ko na ginagamit ay diff. sa surname ko sa birth cert, kopo.nid to apply a new passport asap naka appointment na po ako sa Feb.3,2011…anu po mga requirements ko po kailangan ayusin.thanks po
What if the month of birth issued by the NSO head office is Dec. instead of Nov. However, upon checking at the local civil reg., they already certified that in their records,the month of birth is november but they refused to correct it in their head office and instead asked the person to come to court. Cant she invoke r.a. 9048? what shall she do?
hello atty.,
good day po. I really need your advice and help regarding my problem with my son’s last name. He was born nov. 07 2010 at ang surname na gamit niya ay sa tatay niya, pero hindi po kami kasal. Ngaun po gusto ko pong palitan sa aking apelyido. paano po ba yun? possible po ba?
thank you
sitti
Good day!
ask lang po ako ng advice about sa birth cert. ko wala pong dick mark ung gender. mag undergo pa po ba un sa court?