When I secured a copy of my birth certificate from the NSO, I found out that my date of birth is incorrect. How can I change it?
Erroneous entries in a birth certificate or other civil registry documents may be corrected either judicially or administratively. Judicial correction involves the filing of an appropriate petition before the courts in accordance with Rule 108 of the Rules of Court. On the other hand, administrative correction may be done only at the Local Civil Registry Office of the place where the certificate was registered in accordance with Republic Act (R.A.) No. 9048 and Republic Act (R.A.) No. 10172.
The procedure that you need to undergo in correcting your date of birth will depend on the extent of the error therein. If what is erroneously entered is the date or month of your date of birth only, you can have the same corrected by filing a petition for correction of entry before the Local Civil Registry of the Place where it is registered. Your petition shall be supported with the following documents: 1) certified true machine copy of your birth 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. In addition, your petition shall be accompanied by your earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities. You shall also submit a certification from the appropriate law enforcement agencies that you have no pending case or no criminal record. Petition shall likewise be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation (Section 3, R.A. No. 10172).
However, if what is wrong is the year of your birth, you shall need to file a petition for correction of entry before the Regional Trial Court of the place where your birth certificate was registered (Section 1, Rule 108, Rules of Court). You shall make the civil registrar and all persons who have or claim any interest which would be affected thereby parties to your petition (Section 3, Rule 108, Rules of Court). Upon the filing, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in your province (Section 4, Rule 108, Rules of Court). If the court is convinced with your petition, after hearing, it shall issue an order granting the correction that you prayed for.
We hope that we were able to answer your queries. 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.