• Errors in birth certificate corrected by local civil registrar

    Persida Acosta

    Persida Acosta

    Dear PAO,
    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.

    Dear Kris,
    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], 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 dearpao@manilatimes.net


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    1. Mechil Lumogdang on

      Hi Attorney,ask ko lng po kung anong alternitibong pwedeng gawin pra maayos ung birth cert. Nmin.ate ko po pinanganak cia Nov.10,1984 gmit po nia apelyido ng tatay nmin at nakalagay dun na kasal cla ng mama ko khit hindi po..tapos ako nmn gmit ko din apelyido ng tatay ko pero d nmn po nkapirma c papa dhil nsa abroad cia non..patay na po ang papa ko ngaun..salamat po

    2. Imelda limbaro on

      Gud day attorney, ask ko ong po ung kptd ko po lalaki merun xa naging past relation merun cla ank isa hi skul na po ang apilyedo gamit nya sa nny nya kc ndi cla ksal ng kaptd ko bale gamit na apilyedo nung anak nila sa nny nung bta nmula kinder hangang ngaun, paanu po at anu dpat gwin kasi po ung bta gusto na gamitin ang apilyedo ng ttay nya saan po dapt mag umpisa at saan una pmunta salamat po

      • RA 9255 can be the solution to your problem. Just go po to the office of the civil registrar where the birth record of the child is registered and seek help to the civil registrar. God Bless.