I decided to apply for work abroad because my salary here in our country is not enough to sustain the needs of my family. The date of birth which I have been using in my present work is April 15, 1978. This is also the date that is found in all my identification cards, employment and school records. I got a copy of my birth certificate at the Philippine Statistics Authority and found out that my birth date is February 17, 1978. What am I going to do?
The city or municipal civil registrar has the authority under Republic Act (R.A.) No. 10172 to change or correct 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 clear that there was a clerical or typographical error or mistake in the entry.
As stated under Section 2 of R.A No. 10172, 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 that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person 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 or status of the petitioner.
You have stated that you discovered that your true date of birth is February 17, 1978, and not April 15, 1978 which, you said, you have been using in all your employment and school records. In order to reconcile your records and the entry of date of birth in your birth certificate, you may apply for change of entry in your birth certificate in the Office of the City / Municipal Local Civil Registrar of the place where your birth was recorded pursuant to R.A. No. 10172. In your application, the Civil Registrar may require the following additional supporting documents to your application pursuant to Rule 6 of R.A. No. 10172 Implementing Rules and Regulations:
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.
6.4.5 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.
We hope that we have answered your query. Our legal opinion may vary if other facts are stated 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