HOUSE: OF REPRESENTATIVES:
RECEIVED

Republic of the Philippines
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HOUSE OF REPRESENTATIVES,

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SEVENTEENTH CONGRESS 1, Z
REGISTRATION UNI
First Regular Session BILLS aND incex seni

HOUSE BILL NO 97t

By HON. YEDDA MARIE K. ROMUALDEZ

EXPLANATORY NOTE,

This bill aims to further expand the authority of the City of Municipal Civil Registrar of
the Consul General to correct clerical of typographical errors in the middle name of surname of a
person appearing in the Civil Register without the need of a judicial order

On 15 August 2012, President Benigno C. Aguino Signed Republic Act No. 10172,
Which extended the administrative procedure for change in first name of nickname under
Republic Act No. 9048 to include clerical of the sex/gender and birth date, Erroneous entries
be corrected through a petition. Petitioners have to submit sworn affidavits which should be
supported by the earliest school record, medical record, or a baptismal certificate. Petitions to
change the gender recorded in a birth certificate must also be accompanied by a certification
from a government doctor saying the petitioner has not undergone a sex change of sex transplant

The civil registrar maintains vital record and most important document of the general
public. For the reason, a simple erroneous entry in the civil registrar can cause grave of serious
problems of the part of the registrant. Unfortunately, clerical of typographical errors in the
middle name and/or surname cannot be corrected without going to court it is indeed frustrating to
spend for legal services when the error was committed by the clerk who prepared the birth
certificate

Hence, the approval of this bill is earnestly sought.

dYEDDAM ROMUALDEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTENTH CONGRESS
First Regular Session

971

HOUSE BILL NO.

Introduced by HON. YEDDA MARTE K. ROMUALDEZ

AN ACT

FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT CLERICAL OR TYPHOGRAPHICAL ERRORS
IN THE MIDDLE NAME OR SURNAME OF A PERSON APPEARING IN THE CIVIL,
REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THE
PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT, AS AMENDE
AND FOR OTHER PURPOSES.

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

SE

ON 1. Section 1 of Republic Act No. 9048, as amended, hereinafter reffered to as

the Act, is hereby amended to read as follows:

“SECTION 1. Authority to Correct Clerical or Typographical Brror and Change of First Name
or Nickname, Middle Name or Surname, the Day and Month in the Date of Birth or Sex of a
Person. — No entry in a civil register shall be changed or corrected without a judicial order,
except for clerical or typographical errors and change of first name or nickname, middle name or
surname, the day and month in the date of birth or sex of a person where it is patently clear that
there was a clerical or typographical error or mistake in the entry, which be corrected or changed
by the provisions of this Act and its implementing rules and regulations.”

SECTION 2. Section 2, of the Act is likewise amended to read as follows:
“SEC. 2. Definition of Terms. — As used in this Act, the following terms shall mean:

(1) Xxx xxx
(2) Xxx xxx

(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 first name or middle name or surname, or misspelled
place of birth, mistake in the entry of day and month

Inthe the date of birth or the sex of the 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.”

(A) Xxx xxx

(5) Xxx xxx

(6) Xxx xxx

(7) “Middle Name” refers to a name between a person’s first name and surname.
(8) “Surname” refers to a family name or last name added to a given name.

SECTION 3. Section 3 of the Act is hereby amended to read as follows
“SEC. 3. Who May File the Petition and Where. Any person having direct and personal interest
in the correction of a clerical or typographical error in an entry and/or change of first name or
nickname, middie name or surname, or misspelled place of birth, mistake in the entry of day
month in the date of birth or the sex of the person or the like, in the civil register may file, in
person, a verified petition with the local civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept

In case the petitioner has already migrated to another place in the country and would not
be practical for such party, 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 mya be filed, in person, with the local civil registrar of the place where the interested
party is presently residing or domiciled, The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition

Citizens of the Philippines who are presently residing or domiciled in foreign countries
may file their petition, in person, with the nearest Philippine Consulates

‘The petitioners filed with the city or municipal civil registrar or the consul general shall
be processed in accordance with this Act and its implementing rules and regulations,

All petitions for the clerical or typographical errors and/or change of first names or
nicknames, middle name or surname, or misspelled place of birth, mistake in the entry of day
and month in the date of birth or the sex of the person or the like, may be availed of only once


SECTION 4. Section 5 of the Act is hereby amended to read as follows:

SEC. 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 or surname, as the case may be,
shall be in the form of and affidavit, subscribed and sworn 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, which is sought to be corrected

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book
containing the enty or entries sought to be corrected or changed;

(2) Atleast two (2) public or private documents showing the correct entry or entries
upon which the correction or change shall be based; and

() 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

‘The petition for correction of erroneous entry concerning the surname of a person shall be
published at least once a week for two (2) consecutive weeks in a newspaper of general
circulation.

Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no 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 petioner.”

SECTION 5. Section 8 of the Act is hereby amended to read as follows:

“SEC. 8, Payment of Fees. — The city or municipal civil registrar or the consul general
shall be authorized to collect reasonable fees as a condition for accepting the petition. An
indigent petitioner shall be exempt from the payment of the said fee

The fees collected by the city or municipal civil registrar or the consul general pursuant
to this Act shall accrue to the funds of the Local Civil Registy Office concemed or the Office of
the Consul General for modernization of the office and hiring of new personnel and procurement
of supplies, subject to government accounting and auditing rules.”

SECTION 5. Separability Clause.- If any provision of this Act Shall at any time be
found to be unconstitutional or invalid, the remainder thereof not affected by such declaration
shall remain in full force and effect


SECTION 6. Repealing Clause. ~ Any laws, decrees, rules or regulations inconsistent
with the provisions of this Act are hereby repealed or modified accordingly

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation

Approved

YEDDA MARIE’ K. ROMUALDEZ