I am an illegitimate child and I am not acknowledged by my father. Since childhood, I was using the middle name of my mother which is “Cruz” in all my credentials. In my birth certificate from the Philippine Statistics Authority, however, I found out that my middle name was only “C” and it’s not spelled out as “Cruz.” Should I file a petition for correction of my birth certificate?
To have the error in your middle name corrected, you need to file the necessary Petition for Correction of Clerical Error under the provisions of Republic Act (RA) 9048 (An Act Authorizing The City Or Municipal Civil Registrar Or The Consul General To Correct A Clerical Or Typographical Error In An Entry And/Or Change Of First Name Or Nickname In The Civil Register Without Need Of A Judicial Order, Amending For This Purpose Articles 376 And 412 Of The Civil Code Of The Philippines). This is an administrative proceeding for the correction of the clerical error that may be filed with the Local Civil Registry Office of the city or municipality where your birth is registered. The entry of the initial “C” as your middle name instead of the one that is spelled as “Cruz” is considered as a clerical error.
For your information and guidance, we are reproducing herewith the format of the petition and the corresponding accompanying documents as provided for in Administrative Order No. 1, Series of 2001, the Implementing Rules and Regulation of the law, to wit:
“Rule 8. Form and content of the petition. – The petition shall be in the prescribed form of an affidavit, subscribed and sworn to before any person authorized by law to administer oath. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state the particularly erroneous entry or entries sought to be corrected or the first name sought to be changed, and the correction or change to be made.
8.1. The petition for the correction of clerical or typographical error shall be supported with the following documents:
8.1.1. 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;
8.1.2. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
8.1.3. Notice or certification of posting;
8.1.4. Other documents that the petitioner or the C/MCR, or the CG, or D/CR may consider relevant and necessary for the approval of the petition.
8.2. In case of change of first name or nickname, the petition shall be supported with the following documents and shall comply with the following requirements:
8.2.1. Documents required under Rule 8.1.
8.2.2. 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:
220.127.116.11. Employer, if employed
18.104.22.168. National Bureau of Investigation
22.214.171.124. Philippine National Police
8.2.3. Affidavit of publication from the publisher and a copy of the newspaper clipping.
8.3. The C/MCR, CG or D/CR shall not accept a petition unless all requirements and supporting documents are complied with by the petitioner.
8.4. The petition and its supporting documents shall be filed in three (3) copies, and upon acceptance, shall be distributed as follows:
8.4.1. First copy to the concerned C/MCR, CG or D/CR,
8.4.2. Second copy to the OCRG, and
8.4.3. Third copy to the petitioner.”
Aside from complying with these documents, you are also required to have your petition posted published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. As proof of publication, you shall attach to the petition a clipping of the publication and an affidavit of publication from the publisher of the newspaper where publication was made (Rule 9, Ibid.).
Should you need further clarification, you may visit the Local Civil Registrar where your birth certificate is registered.
We hope that we were able to answer your queries. Please be reminded that our opinion is based solely on your narration of facts 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