Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

House BiLno, 2328

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

The late Representative Pedro P. Romualdo originally filed a version of this bill in the previous Congress.
The Explanatory Note of the late Representative Romualdo is herein reproduced and adopted as the
explanation for the filing of this bill:

The proposed measure concerns the exemption of indigent petitioners from the publication
requirement of Republic Act No. 9048, as amended by Republic Act No. 10172 which was
approved into law on August 15, 2012 by His Excellency, President Benigno S. Aquino Ill.

To avoid nefarious activities just to get away with the publication requirement, any indigent
petitioner to avail of the exemption provided in this Act shall secure a Certificate of Indigency
from the Office of the Local Social Welfare and Development Officer where the petition is
being lodged and shall submit the same with the petition for the change of first name or
nickname, or for correction of erroneous entry concerning the day and month in the date of
birth or the sex of a person at the Office of the Local Civil Registrar prior to processing of the
petitioner's application.

Upon receipt of the petition and the Certificate of Indigency, the Local Civil Registrar shall
cause the printing of the name of the petitioner and the posting of the name in two (2)
common areas already identified in the Implementing Rules and Regulations to show to the
whole world and provide third parties or the general public to file an opposition against said
petition

Many potential petitioners would like to rectify the problem of their birth or civil registration
records upon discovery however they cannot carry out their intention with the high cost of
publication which they cannot totally afford.

This proposal would provide our indigent petitioners the opportunity to apply and rectify their
birth records from the Local Civil Registrar with less cost considering the importance of our
birth records in many legal transactions,

In view of the foregoing, the support of the Members of Congress for the prompt and timely passage of

this proposed measure is earnestly requested.
Kaz
XAVIER JESUS “XJ” D. ROMUALDO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
‘SIXTEENTH CONGRESS
First Regular Session

House eLno, _ 2328

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D, ROMUALDO-

AN ACT AMENDING REPUBLIC ACT NO. 9048, AS AMENDED,
BY EXEMPTING INDIGENTS FROM THE PUBLICATION REQUIREMENT THEREOF AND CHANGING
THE PENALTIES PROVIDED THEREIN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philigpines in Congress assembled:
Section 1. Section 5 of Republic Act No. 9048, as amended, is hereby amended to read as follows:

Section 5. Form and Contents of the Petition. - The petition for correction of a clerical or
typographical error, or for change of first name or nickname, as the case may be, shall be in
the form of an affidavit, subscribed and swom to before any person authorized by law to
administer oaths. The affidavit shall set forth facts necessary to establish the merits of the
petition and shall show affirmatively that the petitioner is competent to testify to the matters
‘stated. The petitioner shall state the particular erroneous entry or entries, which are sought
to be corrected andlor the change sought to be made.

The petition shall be supported with the following documents:

(4) A 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.

No petition for correction of erroneous entry concerning the date of birth or the sex of a
person shall be entertained except if the petition is accompanied by earliest school record or
earliest school documents such as, but not limited to, medical records, baptismal certificate
and other documents issued by religious authorities; nor shall any entry involving change of
gender corrected except if the petition is accompanied by a certification issued by an
accredited government physician attesting to the fact that the petitioner has not undergone
sex change or sex transplant. FURTHERMORE, THE PETITIONER SHALL SUBMIT A
CERTIFICATION FROM THE APPROPRIATE LAW ENFORCEMENT AGENCIES THAT HE
OR SHE HAS NO PENDING CASE OR NO CRIMINAL RECORD. [The-petition-for-change
of first-name-or-nickname,-oF-for-correction of erroneous-entry-concerning-the-day-and-month
in-the-date-of-birth-or-the-sex-of-2-person,-as-the-case-may-be;-shall-be-published-at least
once-a-week for-two-(2) consecutive. weeks in-a- newepaper-of general circulation]

[Furthermore,the—petitioner—shall_submit—a—certification—from--the—appropriate—law
‘enforcements,-agencies that he-has-ne-pending-case-or-ne-criminal-record-]

The 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.

‘THE PETITION FOR CHANGE OF FIRST NAME OR NICKNAME, OR FOR CORRECTION
OF ERRONEOUS ENTRY CONCERNING THE DAY AND MONTH IN THE DATE OF
BIRTH OR THE SEX OF A PERSON, AS THE CASE MAY BE, SHALL BE PUBLISHED AT
LEAST ONCE A WEEK FOR TWO (2) CONSECUTIVE WEEKS IN A NEWSPAPER OF
GENERAL CIRCULATION. HOWEVER, IF THE PETITIONER IS AN INDIGENT, SUCH
PUBLICATION SHALL NOT BE REQUIRED; PROVIDED, THAT THE PETITIONER SHALL
SECURE A CERTIFICATE OF INDIGENCE FROM THE SOCIAL WELFARE OFFICER OF
‘THE CITY OR MUNICIPALITY WHERE HE OR SHE RESIDES AND FILE THE SAME WITH


HIS OR HER PETITION; PROVIDED, FINALLY, THAT THE CITY OR MUNICIPAL CIVIL
REGISTRAR TO WHOM SUCH PETITION IS PRESENTED SHALL KEEP A DISTINCT
AND SEPARATE RECORD FOR INDIGENT PETITIONERS.

Section 2. Section 6 of Republic Act No. 9048, as amended, is hereby amended to read as follows:

‘Section 6. Duties of the City or Municipal Civil Registrar or the Consul General. — The city or
municipal civil registrar or the consul general to whom the petition is presented shall examine
the petition and its supporting documents. He shall post the petition in a conspicuous place
provided for that purpose for ten (10) consecutive days after he finds the petition and its
‘supporting documents sufficient in form and substance. IN ADDITION, SUCH CITY OR
MUNICIPAL CIVIL REGISTRAR, IN THE CASE OF AN INDIGENT PETITIONER WHOSE
PETITION FOR CHANGE OF FIRST NAME OR NICKNAME, OR FOR CORRECTION OF
ERRONEOUS ENTRY CONCERNING THE DAY AND MONTH IN THE DATE OF BIRTH
OR THE SEX OF A PERSON, AS THE CASE MAY BE, IS EXEMPTED FROM THE
REQUIREMENT OF PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION,
SHALL CAUSE THE POSTING OF A COPY OF THE PETITION FOR TWO (2)
CONSECUTIVE WEEKS IN TWO (2) PUBLIC PLACES IN THE CITY OR MUNICIPALITY
WHERE THE RECORD BEING SOUGHT TO BE CORRECTED OR CHANGED IS KEPT
AND/OR WHERE THE PETITION WAS FILED.

The city or municipal civil registrar or the consul general shall act on the petition and shall
render a decision not later than five (5) working days after the completion of the posting
and/or publication requirement. He shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General within five (5) working
days from the date of the decision,

Section 3. Section 9 of Republic Act No. 9048, as amended, is hereby amended to read as follows:

Section 9, Penalty Clause. ~ IN ADDITION TO THE LIABILITIES ATTACHING FOR THE
COMMISSION OF ANY OTHER FELONY OR CRIMINAL OFFENSE, a person who violates
any of the provisions of this Act, INCLUDING ONE WHO, THROUGH FALSE OR
FRAUDULENT REPRESENTATIONS OR DECLARATIONS OR BY OTHER FRAUDULENT
MEANS, DISHONESTY, OR DECEIT, OBTAINS OR CAUSES TO OBTAIN FOR ANOTHER
EXEMPTIONS PROPER ONLY FOR BONA FIDE INDIGENTS, shall, upon conviction, be
penalized by imprisonment of not less than six (6) MONTHS [years] but not more than SIX
(6) [twelve-(42}] years, or a fine of not less than FIFTY THOUSAND PESOS (P50,000.00)
[Fen-thousand—pesos-(P10,000.00)] but not more than TWO HUNDRED THOUSAND
PESOS (P200,000.00) [One-Hundred—Thousand—pesos{P100,000.00)], or both, at the
discretion of the court.

In addition, if the offender is a government official or employee, he OR SHE shall suffer the
PENALTY OF REMOVAL FROM GOVERNMENT SERVICE AND PERMANENT
DISQUALIFICATION FROM PUBLIC OFFICE OR EMPLOYMENT [penalties-provided-under
civil service lawe,-rules-and-regulations]

Section 4. The Civil Registrar General, in consultation with the Department of Social Welfare and
Development, Department of Justice, the Department of the Interior and Local Government, and the
Philippine Association of Civil Registrars, shall promulgate the rules and regulations for the
implementation of the amendments to Republic Act No. 9048 introduced by this Act not later than one (1)
month from the effectivity of this Act.

Section 5. If any provision of this Act is declared invalid or unconstitutional, the other provisions not
affected thereby shall continue to be in full force and effect.

Section 6. All laws, decrees, executive orders, proclamations, rules and regulations and other issuances
or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Section 7. This Act shall take effect fifteen (15) days after its publication in two (2) newspaper of general
circulation.

Approved,