My brother’s name is “Christopher,” but when he got his NSO Birth Certificate, it was listed as “CHRISTOHER.” We are already residing in Tarlac, but we were born in Laguna. Do we need to go to Laguna to fix the error? Please help us.
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 , Republic Act No. 10172, amending Republic Act No. 9048). It is clear that there was a clerical error in the recording of your brother’s name because the spelling of his name in his birth certificate is CHRISTOHER instead of CHRISTOPHER.
The petition for correction of clerical error in a birth certificate is being filed at the Office of the Local Civil Registrar of the city or municipality where the birth is recorded (Section 3, Republic Act No. 9048). However, in case the petitioner has already migrated to another place in the country, and it would be impractical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar’s office keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two local civil registrars concerned will then communicate to facilitate the processing of the petition. (Section 3, Ibid.) Accordingly, your brother may file a petition for the correction in the spelling of his name with the Office of the Local Civil Registrar of Tarlac where you are already residing and the said office shall transmit the petition to the Office of the Local Civil Registrar of Laguna where his birth is recorded and kept.
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 firstname.lastname@example.org