Dear PAO,
I recently found out that my sex in my birth certificate is erroneously entered as female instead of male. Do I still need to go to court for its correction?
JK

Dear JK,
Before the advent of Republic Act (RA) No. 10172, errors in gender in one’s birth certificate may be corrected or changed only by filing the proper petition in court. However, due to its enactment, errors in the sex of a person are now considered clerical errors, which may be corrected or changed administratively by the concerned civil registrar or consul general (Section 1, RA. No. 10172).

To be able to change your sex in your birth certificate, you will need to file a petition for correction of entry before the local civil registry office where your birth certificate is registered. Your petition shall be in the form of an affidavit subscribed and sworn to before any person authorized by law to administer oaths, and shall set forth facts necessary to establish the merits of your petition. Your petition shall be supported by the following documents: 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.

In addition to the aforementioned documents, RA No. 10172 requires the submission of 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 also need to attach in your petition the following certifications: 1) certification issued by an accredited government physician attesting to the fact that you have not undergone sex change or sex transplant; and 2) certification from the appropriate law enforcement agencies that you have no pending case or no criminal record. You shall also need to have your petition published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Your 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 (Section 3, RA 10172).

The city or municipal civil registrar shall be authorized to collect reasonable fees as a condition for accepting petitions for correction of entry. An indigent petitioner, however, shall be exempt from the payment of the said fee (Section 4, RA No. 10172).

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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.