What should we do in order to correct the date of birth of my mother in her birth certificate?
There are two ways in correcting dates of birth in one’s certificate of live birth. One is through judicial process by filing a petition for correction of entry before the court in accordance with Rule 108 of the Rules of Court and the other is through administrative process by filing a petition at the Local Civil Registry Office in accordance with Republic Act (R.A.) No.9048 and R.A. No. 10172.
If the error in the date of birth of your mother pertains to the day or month of birth only, she may have the same corrected by filing a petition for correction of entry before the Local Civil Registry of the place where her birth certificate is registered. However, if she has migrated to another place within the Philippines and it is not practical for her, in terms of transportation expenses, time and effort to appear before the local civil registry office of her place of birth, she may opt to file her petition with the local civil registry office where she is residing or domiciled (Rule 4, Implementing Rules and Regulations of R.A. No. 10172). The petition shall be supported by the following documents: (1) Certified true machine copy of her birth certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed; (2) At least two public or private documents showing the correct entry or entries upon which the correction or change shall 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 addition, the petition shall be accompanied by your mother’s earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities. She shall also submit a certification from the appropriate law enforcements, agencies that she has no pending case or no criminal record. The petition shall likewise be published at least once a week for two consecutive weeks in a newspaper of general circulation (Section 3, RA No. 10172).
However, if the error involved is your mother’s year of birth, she shall need to file a petition for correction of entry before the Regional Trial Court of the place where her certificate of live birth was registered (Section 1, Rule 108, Rules of Court). The civil registrar and all persons who have or claim any interest which would be affected by the change shall be made parties to the petition. (Section 3, Ibid.) Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three consecutive weeks in a newspaper of general circulation in your province. (Section 4, Id.) If the court is convinced with the petition, after hearing, it shall issue an order granting the correction prayed for.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com