PETITION FOR CORRECTION OF CLERICAL ERROR IN A REPORT OF BIRTH, MARRIAGE AND DEATH
Under Republic 9048, as amended by Republic Act 10172, Filipinos abroad may file a petition before the Philippine Embassy or Consulate General, where the record containing the clerical error to be corrected is kept, to correct a clerical or typographical error in an entry in the Civil Register without need of a judicial order.
RA 9048, as amended by R.A. 10172, allows the correction of clerical or typographical errors in any entry in civil registry documents.
A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as the following:
- A misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records
- Day and/or month of birth
- Gender/sex (provided that this correction is not a result of a sex-reassignment)
WHO MAY FILE THE PETITION?
The petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error in the civil register, such as the:
- Owner of the record that contains the error to be corrected or first name to be changed
- Owner’s spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected.
A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition.
REQUIREMENTS TO FILE A PETITION FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR
A petition is in the prescribed form of an AFFIDAVIT that:
- Must be subscribed and sworn to before any person authorized by law to administer oath.
- Set forth facts necessary to establish the merits of the petition.
- Show affirmatively that the petitioner is competent to testify to the matters stated.
- State the particular erroneous entry or entries sought to be corrected and the correction to be made.
A petition must be supported with the following documents:
- A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;
- At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
- Notice or certification of posting;
- Other documents which the petitioner or the Consul General may consider relevant and necessary for the approval of the petition.
In case of correction of DAY AND/OR MONTH in the date of birth or SEX of a person, the petition shall be supported with the following documents:
- Earliest school record or earliest school documents;
- Medical records;
- Baptismal certificate and other documents issued by religious authorities;
- 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:
- Employer, if employed;
- National Bureau of Investigation; and
- Philippine National Police.
In case of correction of sex, the petition shall be further supported with:
A medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.
HOW MUCH IS THE FEE IN FILING A PETITION?
The fee is US$50.00 or THB1,700.00 for the correction of clerical or typographical error, US$150.00 or THB5,100.00 for the change of misspelled name, plus US$25.00 or THB925.00 for the notarial fee of the Affidavit.
APPLICATION PROCESS
FOR THE APPLICANT |
FOR THE CONCERNED GOVERNMENT AGENCY |
STEP 1 STEP 2
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Philippine Embassy STEP 5 |
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DFA Manila STEP 9 |
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Office of the Civil Registrar General STEP 10 |
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DFA Manila STEP 12 |
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Philippine Embassy STEP 13 |
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DFA Manila STEP 15 |
STEP 16 |
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FORMS