I am a female but my gender in my birth certificate from the Philippine Statistics Authority was marked male. I would like this to be corrected. Will the provisions of Republic Act 9048 apply to my case?
The provisions of Republic Act 10172 amending RA 9048 applies to your case. Pursuant to Section 1 of that law, the Local Civil Registrar has the authority to correct clerical or typographical errors in the entry with respect to the sex of a person.
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 (Section 2, No. 3, RA 10172).
In order to correct your gender, you must comply with the provisions of Section 5 of the s law. It is a requirement that you file with the local civil registrar a petition for correction of a clerical or typographical error that shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. 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 particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.
The following are the supporting documents that are needed:(1) 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; (2) at least two (2) 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. (Section 3, Ibid.)
In addition to the above requirements, the petition shall be accompanied by the earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities. Further, the petition must be accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant and another certification from appropriate law enforcement agencies that he has no pending case or no criminal record. The petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. (Id.)
We hope that we have addressed your legal concern. 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 firstname.lastname@example.org