Republic of the Philippines ‘
HOUSE OF REPRESENTATIVES 03 JUL 2073

Quezon City 6 pil
SIXTEENTH CONGRESS A
First Regular Session
1041

HOUSE BILL NO.

By HON. FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

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

On 15 August 2012, President Benigno C. Aquino signed Republic Act No.
10172, which extended the administrative procedure for change in first name or
nickname under Republic Act No. 9048 to include clerical or typographical errors in
the sex/gender and birth date. Erroneous entries will be corrected through a petition.
Petitioners have to submit sworn affidavits which should be supported by the earliest
school record, medical records, 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 or
sex transplant

The civil registrar maintains vital records and most important documents of
the general public, For this reason, a simple erroneous entry in the civil registrar can
cause grave or serious problems on the part of the registrant. Unfortunately, clerical
or 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.

MIU aves



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO_1041

Introduced by HON. FERDINAND MARTIN G. ROMUALDEZ

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

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, as amended, hereinafter
referred to as the Act, is hereby amended to read as follows:

“SECTION 1. Authority to Correct Clerical or Typographical Error 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, middie 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 can be corrected or changed by
the 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 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) x00 200

(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


in 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.”

(4) xxx xxx
(8) xxx xxx
(8) 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, 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, 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
it 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 may 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 petitions 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 an 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 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

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 petitioner.”

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 Registry Office
concerned 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.