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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 2438

Introduced by: HON. MERCEDES K. ALVAREZ

EXPLANATORY NOTE

This bill seeks to expand the authority of the city or municipal civil registar or the consul
general by including the correction of clerical and typographical errors the month or day in the date of
birth or sex of a person without need of a judicial order.

Republic Act No. 9048 remedied the clerical and typographical errors as well as a change of
first name by when the latter law gave the city or municipal civil registrar as well as the consul general
the authority to correct such errors or change of first name. Unfortunately such law did not cover the
errors in the certificate of live birth as to the month or day of the date of birth as well as the sex or
gender of a Petitioner.

There is a need to include these errors in the definition of “clerical or typographical errors” in
Republic Act No, 9048 for several reasons. One reason is that these errors conform to the definition
provided in Republic Act No. 9048. These errors are visible to the eyes or are obvious to the
understanding and can be easily corrected or changed by reference to other existing record or records,
such as baptismal certificates, official school records, medical certificates, COMELEC voter's
registration and the like.

A simple error as to the gender or date of birth of a registrant can cause a problematic situation
to the latter. Such problems include delay in the processing of papers for workers who wish to employ
abroad, delay in the processing of application for board examinations as well as delay in the processing
of claims and the like. In addition, the filing of a case for the correction of an entry in the certificate of
live birth also entails huge expenses to the Petitioner. These expenses include the legal fees of counsel
as well as the filing fees and publication fees required by the courts.

If these bill will be passed into law this will eliminate the inconvenience a registrant will incur
if faced with the problem of having errors in the entry of his or her certificate of live birth and will fast
track the correction of these errors which were not intentionally made by the registrant. Thus, the
passage of this is earnestly requested

W/E mae
ep MERCEDES K ALVAREZ


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 2438

Introduced by: HON. MERCEDES K. ALVAREZ

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR
1E CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERROR IN
‘THE DATE OF BIRTH OR SEX OF A PERSON APPEARING IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THE PURPOSE REPUBLIC
ACT 9048,

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

“Section 1. Authority 10 Correct Clerical or Typographical Error and
Change of First Name or Nickname. — No entry in a civil register shall be
changed or corrected without a judicial order, except for clerical or
typographical errors, change of first name or nickname, the day and
month in the date of birth or sex of a person, which can be corrected or
changed by concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules and
regulations.”

SECTION 2. Section 2 of Republic Act No. 9048, paragraph 3, is likewise amended to read as follows

Sec. 2. Definitions of Terms. — As used in this Act, the following terms
shall mean

(3) "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 a 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 3. The title of Republic Act No. 9048 is hereby amended to read as follows:

“AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL
GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN IN AN ENTRY OR
CHANGE OF FIRST NAME OR NICKNAME, THE DATE OF BIRTH OR SEX OF A PERSON IN
THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.”

SECTION 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation

Approved,