FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

3834

House Bill No.

EXPLANATORY NOTE

This re-filed bill is originally HB 2166 that was filed in the 14” Congress that
was referred to the Committee on Justice that seeks to amend Section 2, paragraph
3 of Republic Act 9048 by removing age and gender from among the four (4) [the
other two Is nationality and civil status] exceptions that can be the subject of petitions
to correct clerical or typographically error in the civil registry records without the need
of a judicial order. Unfortunately, said proposed legislative measure was never
scheduled for hearing by the Committee to take notice to its merits.

Republic Act 9048 or the Gunigundo Law, which has helped thousands of
people seeking rectification of the errors in their civil registry records or documents
without the aid of judicial order, could not be availed of by numerous incidents of
mistakes on the date of birth or the gender box.

The original version of the House bill that evolved into RA 9048 included
clerical errors in the entries for age or gender in the scope of the law but these were
later on excluded during the Committee deliberations and bicameral conferences on

the pretense that it may be used in electoral fraud and possible circumvention of the
Family Code.

Reality check dictates that these should be included in the scope of clerical
errors that can be rectified under RA 9048.


This bill also authorizes the Local Civil Registrars or Consuls to retain seventy
five percent (75%) of the fees collected by virtue of RA 9048 as amended and shall
be appropriated for the Capital Outlays (CO) and for the Miscellaneous and Other
Operating Expenses (MOOE) for the Local Civil Registry Office or Office of the
Consul concerned

In view of the foregoing, immediate approval of this bill is earnestly sought.

MAXIMO‘B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES: )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo, 3834

AN ACT
TO INCLUDE PETITIONS TO CORRECT CLERICAL ERROR IN THE ENTRY FOR
AGE OR GENDER OF A PERSON IN HIS CIVIL REGISTRY RECORDS TO BE
FILED WITH THE LOCAL CIVIL REGISTRY OFFICE OR OFFICE OF THE
CONSUL, AMENDING FOR THE PURPOSE REPUBLIC ACT 9048 OR THE
CLERICAL ERROR LAW

Be it enacted by the Senate and the House of Representatives in Congress
assembled:

SECTION 1. DEFINITION — Section 2, paragraph (3) of Republic Act 9048,
otherwise known as the Clerical Error Law, is hereby amended to read as follows:

“Sec. 2. Definition of Terms - As used in this Act, the following
terms shall mean:

x x &

(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 date of birth or the
like, which is visible to the eyes or obvious to the understanding can be
corrected or changed only be reference to other existing record or
records: Provided, however, that no correction must involve the change
of nationality x x x or status of the petitioner.”

x x x

SECTION 2. CERTIFICATION FROM GOVERNMENT PHYSICIAN. - No
petition shall be entertained and entry shall be corrected involving change of gender
except if the petition is accompanied by a certification issued by accredited
government physician attempting to the fact that the petitioner has not undergone
sex change or sex transplant.


SECTION 3. DOCUMENTS IN SUPPORT OF THE PETITION. — No petition
shall be entertained and entry shall be corrected involving change of gender except if
the petition is accompanied by earliest school record or earliest civil documents like
the following, but not limited to medical records and documents issued by religious
authorities.

SECTION 4. NO PETITION FOR GENDER IF COUPLED WITH
CORRECTION OF ERROR IN THE ENTRY OF FIRST NAME. — No petition shall be
entertained and entry shall be corrected involving change of gender when it is
coupled with a request for change of first name of the petitioner.

SECTION 5, FEES COLLECTED. - The fees collected by the city or
municipal registrar or the consul as a condition for accepting the petition by virtue of
RA 9048 and this amending Act, shall accrue to the funds of the local civil registry
office concerned or the Office of the Consul for IT modernization of the office and

hiring of new personnel and procurement of supplies, subject to audit by the
Commission on Audit.

SECTION 6. IMPLEMENTATION RULES AND REGULATIONS. - The Civil
Registrar General, shall in consultation with the Department of Justice (DOV),
Department of Foreign Affairs (DFA), Office of the Supreme Court Administrator, the
UP Law Center, issue the necessary rules/regulations for the effective
implementation of this Act not later than one (1) month from its effectivity and to be
submitted to the House of Representatives’ Committees on Justice and Revision of
Laws for final approval

SECTION 7. SEPARABILITY CLAUSE. - If any portion or provision of this
Act is declared void or unconstitutional, the remaining portion of provisions thereof
shall not be affected by such declaration.

SECTION 8. REPEALING CLAUSE. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SECTION 9. EFFECTIVITY. - This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in at least (2) national newspapers
of general circulation.

Approved,