7/28/2019 RA 9048 and 10172

1/6

REPUBLIC ACT NO. 9048 March 22, 2001

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT ACLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THECIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OFTHE CIVIL CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1.Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname No entry in a civiregister shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of firstname or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general inaccordance with the provisions of this Act and its implementing rules and regulations.

Section 2.Definition of Terms As used in this Act, the following terms shall mean:

(1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the city or municipality, as thecase may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existinglaws.

(2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of aclerical or typographical error in an entry or change of first name or nickname in the civil register.

(3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copyingtranscribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name ormisspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be correctedor changed only by reference to other existing record or records:Provided, however, That no correction must involve thechange of nationality, age, status or sex of the petitioner.

(4) "Civil Register" refers to the various registry books and related certificates and documents kept in the archives of thelocal civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General.

(5) "Civil registrar general" refers to the Administrator of the National Statistics Office which is the agency mandated tocarry out and administer the provision of laws on civil registration.

(6) "First name" refers to a name or nickname given to a person which may consist of one or more names in addition tothe middle and last names.

Section 3.Who May File the Petition and Where.Any person having direct and personal interest in the correction of a clericaor typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verifiedpetition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed iskept.

In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in termsof transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to becorrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party ispresently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing ofthe petition.

Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition, in person, with thenearest Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Actand its implementing rules and regulations.

All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once.

Section 4.Grounds for Change of First Name or Nickname.The petition for change of first name or nickname may be allowedin any of the following cases:

7/28/2019 RA 9048 and 10172

2/6

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write opronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has beenpublicly known by that by that first name or nickname in the community: or

(3) The change will avoid confusion.

Section 5.Form and Contents of the Petition.The petition shall be in the form of an affidavit, subscribed and sworn to before

any person authorized by the law to administer oaths. The affidavit shall set forth facts necessary to establish the merits of thepetition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state theparticular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entriessought to be corrected or changed.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or changeshall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider

relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise be supported with the documents mentioned in theimmediately preceding paragraph. In addition, the petition shall be published at least once a week for two (2) consecutive weeksin a newspaper of general circulation. Furthermore, the petitioner shall submit a certification from the appropriate lawenforcement agencies that he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concernedcity or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy tothe petitioner.

Section 6.Duties of the City or Municipal Civil Registrar or the Consul General. The city or municipal civil registrar or theconsul general to whom the petition is presented shall examine the petition and its supporting documents. He shall post the

petition in a conspicuous place provided for that purpose for ten (10) consecutive days after he finds the petition and itssupporting documents sufficient in form and substance.

The city or municipal civil registrar or the consul general shall act on the petition and shall render a decision not later than five(5) working days after the completion of the posting and/or publication requirement. He shall transmit a copy of his decisiontogether with the records of the proceedings to the Office of the Civil Registrar General within five (5) working days from the dateof the decision.

Section 7.Duties and Powers of the Civil Registrar General.The civil registrar general shall, within ten (10) working days fromreceipt of the decision granting a petition, exercise the power to impugn such decision by way of an objection based on thefollowing grounds:

(1) The error is not clerical or typographical;

(2) The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil status of aperson; or

(3) The basis used in changing the first name or nickname of a person does not fall under Section 4.

The civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of the action taken onthe decision. Upon receipt of the notice thereof, the city or municipal civil registrar or the consul general shall notify the petitioneof such action.

The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court.

7/28/2019 RA 9048 and 10172

3/6

If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal civil registrar or of theconsul general within the period prescribed herein, such decision shall become final and executory.

Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner may either appeal thedecision to the civil registrar general or file the appropriate petition with the proper court.

Section 8.Payment of Fees. The city or municipal civil registrar or the consul general shall be authorized to collect reasonablefees as a condition for accepting the petition. An indigent petitioner shall be exempt from the payment of the said fee.

Section 9.Penalty Clause. -A person who violates any of the provisions of this Act shall, upon conviction, be penalized byimprisonment of not less than six (6) years but not more than twelve (12) years, or a fine of not less than Ten thousand pesos(P10,000.00) but not more than One Hundred Thousand pesos (P100,000.00), or both, at the discretion of the court.

In addition, if the offender is a government official or employee he shall suffer the penalties provided under civil service lawsrules and regulations.

Section 10.Implementing Rules and Regulations. - The civil registrar general shall, in consultation with the Department ofJustice, the Department of Foreign Affairs, the Office of the Supreme Court Administrator, the University of the Philippines LawCenter and the Philippine Association of Civil Registrars, issue the necessary rules and regulations for the effectiveimplementation of this Act not later than three (3) months from the effectivity of this law.

Section 11.Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not prejudice or impair vested or

acquired rights in accordance with the Civil Code and other laws.

Section 12.Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remainingportions or provisions thereof shall not be affected by such declaration.

Section 13.Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistentwith the provisions of this Act are hereby repealed or modified accordingly.

Section 14.Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2)national newspapers of general circulation. Approved: March 22, 2001

IMPLEMENTING RULES AND REGULATIONS

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 10172 (An Act

Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographica

Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a

Judicial Order, Amending for this Purpose Act Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG) hereby promulgates the following rules

and regulations of Republic Act No. 10172 which was approved on August 15, 2012 for the information, guidance and

compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the OCRG to carry out and administer theprovisions of Act No. 3753 otherwise known as the Civil Registry Law.

This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing Rules and Regulations, Republic Ac

No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048. Section 1 of this Amendatory Law

provides,No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical

errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clea

that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city

7/28/2019 RA 9048 and 10172

4/6

or municipal civil registrar (C/MCR) or consul general in accordance with the provisions of this Act and its implementing rules

and regulations.

Rule 1. Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby

authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for

birth.

Rule 2. Definition of Terms

As used in these rules, the following terms shall mean:

2.1. Clerical or typographical error - Refers to a mistake committed in the performance of clerical work in writing

copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex o

the person, 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 (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth Refers to the entry in the month and/or day of birth of the petitioner/document owner which

is sought to be corrected.

2.4. Accredited Government Physician Refers to a licensed doctor of medicine who is registered with the Professiona

Regulations Commission (PRC) and is employed in any government hospitals, health institutions, or public health

offices.

2.5. Medical Certification Refers to the certification issued by the accredited government physician attesting to the fact

that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/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 in the day

and/or month in the date of birth of a person in the civil register for birth, 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 other person duly authorized by law or by the owner o

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 behalf by his/her spouse, or any of his/her children, parents, brothers

sisters; grandparents, guardians, or persons duly authorized by law.

3.2. 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.

Rule 4. Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may

be, where the birth record containing the day and/or month in the date of birth to be corrected is registered.

7/28/2019 RA 9048 and 10172

5/6

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of

transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with

the C/MCR of the place where the petitioner is residing or domiciled.

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed

with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently

residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the

case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5. Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed.

Rule 6. Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supportingdocuments to the petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents

6.2. Medical records

6.3. Baptismal certificate and other documents issued by religious authorities

6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or

no criminal record, which shall be obtained from the following:

6.4.1. Employer, if employed

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police.

6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication

from the publisher and a copy of the newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited

government physician that the petitioner has not undergone sex change or sex transplant.

Rule 7. Posting and publication of the petition.

Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be observed.

Rule 8. Duties of the C/MCR

Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall be observed.

In addition, the C/MCR shall issue a certification on the authenticity of the certification issued by the accredited government

physician certifying that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 9. Duties and powers of the CRG

Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall be observed.

Rule 10. Authority to collect filing and other fees

7/28/2019 RA 9048 and 10172

6/6

The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3,000.00) for petition to correct the day

and/or month in the date of birth or sex. An indigent petitioner shall be exempt from paying the required payment, provided that

the petition is supported by a certification from the City/Municipal Social Welfare Office that the petitioner/document owner is

indigent.

In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars ($150.00) or its equivalent value in local

currency for the correction of clerical or typographical error is required.

In the case of a 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 pursuant to this Law shall accrue to the funds of the Local Civil Registry

Office concerned or the Office of the Consul General 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 effectivity of this Order. Prior to ratification by the loca

legislative body, all fees collected in connection with this Order shall go to the LCRO trust fund, provided, however, that the fees

prescribed therein shall be uniform in all cities and municipalities in the country, and in all Philippine Consulates.

Rule 11. Retroactivity clause

This Order shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the

Civil Code and other laws.

Rule 12. Separability clause

If any portion or provision of this Order is declared void or unconstitutional, the remaining portions or provisions thereof shall no

be affected by such declaration.

Rule 13. Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of this Order are hereby

repealed or modified accordingly.

Rule 14. Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general

circulation.

Approved this 24th day of October 2012.