I have a niece whose gender in her birth certificate was incorrectly registered as male. She has graduated from school but is having problems with her job application because of her incorrect gender. She is applying for work in Manila but she was advised to correct her birth certificate first. Because of this, she wants to know if she can correct her birth certificate in Manila, or does she have to go back to her province where her birth certificate was registered?
Can you also please inform us about the required documents and fees for this procedure? We are looking forward to your advice.
The answer to your query is found in the Implementing Rules and Regulations (IRR) of Republic Act 10172 (RA 10172), the law that authorizes the civil registrar to correct the gender of a person in a birth certificate without a judicial order. RA 10172 specifies the venue in filing a petition for correction of gender in the birth certificate. According to the Rules, a verified petition for correction in the entry of sex in the birth certificate shall be filed with the city or municipal civil registrar where the birth certificate to be corrected is registered (Rule 4, IRR of RA 10172).
Considering this rule, your niece cannot file the petition for the correction of her gender in Manila. Since she was born in the province and her birth certificate was registered there, she has to file the petition with the civil registrar of that province. Such petition cannot be filed elsewhere since the aforementioned Rules do not provide for an alternate venue for correction of gender in a birth certificate.
About the documents required to be submitted in filing a petition to correct gender in a birth certificate, the Rules require that the petitioner must submit her earliest school records, baptismal certificate, clearance of no pending case or criminal record, affidavit of publication from the publisher stating that her petition to correct her gender was published in a newspaper of general circulation along with a newspaper clipping of the publication, and a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or transplant. (Rule 6, Id.)
With regard to the fees in filing a petition to correct the gender in a birth certificate, the Rules authorize the civil registrar to collect from every petitioner an amount P3,000. The rules, however, exempt indigents from payment of the filing fees as long as their petition is supported by a certification from the city or municipal social welfare office that the petitioner is an indigent. (Rule 10, Id.)
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
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