I want the letter “N” in my son’s name which appears in his Certificate of Live Birth be changed to “Ñ”. Do I still need to go to court to have it changed?
The correction of typographical or clerical error on the registered name of an individual can now be made by the Local Civil Registrar without a judicial order. This process of correcting clerical or typographical errors in the Certificate of Live Birth is governed by the provisions of Republic Act(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 (Section 2 (3), RA No. 10172).
Under Section 5 of the same law:
(T)he petition for correction of a clerical or typographical error, or for change of first name or nickname shall be in the form of a sworn affidavit. The petition shall be supported with the following documents:
(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;
(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.
Xxx xxx xxx The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
In your case, you need not file a petition in court for the correction of the name of your son. All you have to do is to comply with the requirements enumerated above and to pay the corresponding fee with the Local Civil Registrar where your son was registered.
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