Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
15" Congress

House BilNo. 4710

Introduced by Representative Emil L. Ong

AN ACT AMENDING SECTION 2, PARAGRAPH 3 OF REPUBLIC ACT NO. 9048,
OTHERWISE KNOWN AS, AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR
TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE FIRST NAME OR
NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER,
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE O1
THE PHILIPPINES

Be il enacted by the Senate and the House of Repre:
Congress assembled,

entatives of the Philippines in

Section 1. Paragraph 3 of Section 2 of Republic Act No. 9048, otherwise known as. an
act authorizing the city or municipal civil registrar or the consul general to correct a
clerical or typographical error in an entry and/or change of first name ot nickname 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, is hereby amended to read as follows

(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 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, status or sex of the petitioner, except, when there
is a mistake in the entry as to the proper gender of the petitioner as when a male
instead of female or vice versa was entered in his certificate of live birth, In this
case, before effecting the proper correction of entries, the petitioner shall be
required to undergo physical examination to be conducted by a government
physician to ascertain the true gender of the former and to determine that he did
not undergo any operation for sex change.

Section 2. This Act shall effect fifteen (15) days after publication in the Official Gazette
or two news papers of general circulation

EMIL IG
Representative, 2™' District of Northern Samar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
15" Congress

House BilNo 47710

Introduced by Representative Emil L. Ong

EXPLANATORY NOTE

This measure seeks to amend, paragraph 3 of Republic Act No. 9048, otherwise
known as, An Act Authorizing the City or Municipal Civil Registrar or the Consul General
to correct a clerical or typographical error in an entry and/or change of first name or
nickname 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

The approval into law of Republic Act No, 9048 in March 2001 has given
breathing room to those persons who have problems in the correction of mistakes
committed in the performance in the clerical work in writing. copying, transcribing or
typing an entry in the civil register to correct the same without judicial order. However,
this law allows only correction of entry that is harmless and innocuous. such as
misspelled name or misspelled place of birth 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. it does not allow correction of substantial and
significant entry such as nationality, age, status or sex of the petitioner. Because of this.
persons seeking correction of substantial entry in the Birth Certificate are being
hampered by this limitation since correction on these entries requires full blown hearing
in the proper Regional Trial Court

IL is for this purpose that this bill aims to remedy Given the factual reality thal
cases like these entail tedious process not to mention the monetary consideration in
hiring private lawyers and the time required in hearing the case, this humble
representation firmly believes that it just fitting that correction of some substantial
entries in the birth certificate should also be allowed in an administrative proceeding
While it is true that correction of substantial entry in the birth certificate should undergo
full blown hearing as it affects the stalus of a person, and must be proved or established
as a fact, this rule should not be absolute An exception must be provided. This humble
representation proposes that correction of entry as to the gender of a person should be
allowed without judicial order. However, correction of entry as to the gender of petitioner
who underwent sex change should not be allowed. This proposed measure shall cover
only cases of wrong entry in the gender of the petitioner

The petitioner should not be made to suffer the tedious and expensive process of
litigation because of the mistake committed by local civil registrar in wrongly entering
proper gender of the former. The true gender of a person may be ascertained by a
licensed doctor without resorting to court process. Likewise, it can be determined
whether or not a person underwent sex change. Hence, to prevent circumvention of the
law, before correction should be effected, the petitioner shall be required to undergo
physical examination to be conducted by a government physician to ascerlain his true
gender and to determine whether or not the petitioner underwent sex change

In light of all the foregoing, early passage of this bill into law is earnestly sought

Gt)

Representative, Second District, Northern Samar