By Persida Acosta

Dear PAO,
I have read your article concerning the one-letter error in the name of the father in a letter-sender’s birth certificate. Could you please send that article via e-mail. I live in the United States, and I have a friend who has a similar problem. She needs her birth certificate for her Nursing Board Examination. An expeditious answer will be very much appreciated.   
Paul
Dear Paul,

Due to the numerous legal advices we have rendered in this newspaper, we find it difficult to determine which specific article you are referring to. In any case, we will just answer your query based on the information you have shared with us.

In your friend’s birth certificate, you said there is only a one-letter error in the entry of her father’s name. She may file a verified petition for the correction of such entry. As provided for under Section 3 of R. A. No. 9048, any person having direct and personal interest in the correction of the clerical or typographical error in an entry in the civil register may file the verified petition for said correction or change. Certainly, your friend has a direct and personal interest in the correction of the name of her father as appearing in her birth record so as to avoid confusion especially that she has to present her birth certificate for purposes of taking the Nursing Board Examination.

The verified petition should be filed with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept. If your friend resides in another place in the Philippines and it would not be practical for her, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where she is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition. However, if she presently resides or is domiciled in a foreign country, she may file her petition, in person, with the nearest Philippine Consulate. (Section 3 (2), id) The verified petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by the law to administer oaths, and it must state the particular erroneous entry sought to be corrected, the facts necessary to establish the merits of her petition and also the fact that your friend is competent to testify thereto. (Section 5, id) The petition must be posted in a conspicuous place provided, for ten (10) consecutive days.

Should the city or municipal civil registrar or the consul general find the petition sufficient in form and substance, he will render a decision, which will be transmitted to the Office of the Civil Registrar General. The civil registrar general may either impugn the aforementioned decision or uphold the same.

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 e-mail address is being protected from spambots. You need JavaScript enabled to view it or via text message (key in: Times dearpao <YOUR QUESTION> and send to 2299).