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REPUBLIC ACT NO. 10172

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND
MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON APPEARING IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE REPUBLIC ACT
NUMBERED NINETY FORTY-EIGHT
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, 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. 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, 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, paragraph (3) 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 name 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."
Section 3. 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, 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 or entries, which are sought to
be corrected and/or the change sought to be made.
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.
No petition for correction of erroneous entry concerning the date of birth or the sex of a person
shall be entertained except if the petition is accompanied by earliest school record or earliest
school documents such as, but not limited to, medical records, baptismal certificate and other
documents issued by religious authorities; nor shall any entry involving change of gender
corrected except if the petition is accompanied by a certification issued by an accredited
government physician attesting to the fact that the petitioner has not undergone sex change or
sex transplant. The petition for change of first name or nickname, or for correction of
erroneous entry concerning the day and month in the date of birth or the sex of a person, as
the case may be, 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 4. 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.

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT
NO. 10172 (An Act Further Authorizing the City or Municipal Civil Registrar or the Consul
General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or
Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order, Amending for
this Purpose Act Numbered Ninety Forty-Eight.)
Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG) hereby
promulgates the following rules and regulations of Republic Act No. 10172 which was approved on
August 15, 2012 for the information, guidance and compliance of all concerned parties.
PRELIMINARY STATEMENT
Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the OCRG to carry
out and administer the provisions of Act No. 3753 otherwise known as the Civil Registry Law.
This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing Rules and
Regulations, Republic Act No. 9048).
Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048. Section 1 of this
Amendatory Law provides, 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, 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 (C/MCR) or consul general in accordance with the provisions of this Act and
its implementing rules and regulations.
IMPLEMENTING RULES AND REGULATIONS
Rule 1. Authority to Correct Clerical or Typographical Error
The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul
General, are hereby authorized to correct clerical or typographical errors in the day and month (date of
birth) or sex of a person in the civil register for birth.
Rule 2. Definition of Terms
As used in these rules, the following terms shall mean:
2.1. 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 on the entry
of day and month in the date of birth or the sex of the person, 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 (refers to the correction on the year of birth), or legitimacy status of the
petitioner/document owner.

2.2. Sex Refers to the biological and physiological characteristics that define men and
women.
2.3. Day and Month of Birth Refers to the entry in the month and/or day of birth of the
petitioner/document owner which is sought to be corrected.
2.4. Accredited Government Physician Refers to a licensed doctor of medicine who is
registered with the Professional Regulations Commission (PRC) and is employed in any
government hospitals, health institutions, or public health offices.
2.5. Medical Certification Refers to the certification issued by the accredited government
physician attesting to the fact that the petitioner/document owner has not undergone sex
change or sex transplant.
Rule 3. Who may file the petition.
3.1. For correction of entry on the day and/or month in the date of birth:
Any person of legal age, having direct and personal interest in the correction of a clerical or
typographical error in the day and/or month in the date of birth of a person in the civil register
for

birth,

may

file

the

petition.

A person is considered to have direct and personal interest when he is the owner of the record,
or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other
person duly authorized by law or by the owner of the document sought to be corrected;
Provided; however, that when a person is a minor or physically or mentally incapacitated, the
petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents,
brothers; sisters; grandparents, guardians, or persons duly authorized by law.
3.2. For correction of a clerical or typographical error in sex:
The petitioner affected by such error shall personally file the petition with the civil registry office
where the birth certificate is registered.
Rule 4. Where to file the petition
4.1. For correction of clerical and typographical error in the entry of the day and/or month in the
date of birth.
The verified petition may be filed with the C/MCR of the city or municipality or the Philippine
Consulate, as the case may be, where the birth record containing the day and/or month in the
date of birth to be corrected is registered.
When the petitioner has migrated to another place within the Philippines and it is not practical
for such party, in terms of transportation expenses, time and effort to appear before the C/MCR
of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner
is residing or domiciled.
Any person whose birth record was reported abroad and presently residing in the Philippines,
the petition may be filed with the C/MCR of the place of residence following the procedures of
migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate,
but who is presently residing or domiciled in a foreign country, may file the petition with the
nearest Philippine Consulate.
4.2. For correction of clerical and typographical error in the entry of sex
The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the
Philippine Consulate, as the case may be, where the record containing the entry of sex in the
birth certificate to be corrected is registered.
Rule 5. Processing of the petition
Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed.
Rule 6. Form and content of the petition
Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In
addition, as supporting documents to the petition, the following shall be submitted:
6.1. Earliest school record or earliest school documents;
6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious authorities;
6.4. A clearance or a certification that the owner of the document has no pending
administrative, civil or criminal case, or no criminal record, which shall be obtained from the
following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.
6.5. The petition for the correction of sex and day and/or month in the date of birth shall include
the affidavit of publication from the publisher and a copy of the newspaper clipping; and
6.6. In case of correction of sex, the petition shall be supported with a medical certification
issued by an accredited government physician that the petitioner has not undergone sex
change or sex transplant.
Rule 7. Posting and publication of the petition.
Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be observed.
Rule 8. Duties of the C/MCR
Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall be observed.
In addition, the C/MCR shall issue a certification on the authenticity of the certification issued by the
accredited government physician certifying that the petitioner/document owner has not undergone sex
change or sex transplant.
Rule 9. Duties and powers of the CRG
Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall be observed.

Rule 10. Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3,000.00) for
petition to correct the day and/or month in the date of birth or sex. An indigent petitioner shall be
exempt from paying the required payment, provided that the petition is supported by a certification
from the City/Municipal Social Welfare Office that the petitioner/document owner is indigent.
In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars ($150.00) or its
equivalent value in local currency for the correction of clerical or typographical error is required.
In the case of a migrant petition, there shall be a service fee of one thousand pesos (P1,000.00) to be
collected by the PRCR.
When a petitioner/document owner files petition for correction of clerical error under R.A. 9048,
simultaneously, with a petition for correction of clerical error under R.A. 10172, and the same
document is involved, the petitioner/document owner shall pay only the amount of P3,000.00
corresponding to the fee under R.A. 10172.
All fees collected by the C/MCR or the consul general pursuant to this Law 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.
The local legislative body shall ratify the fees herein prescribed upon effectivity of this Order. Prior to
ratification by the local legislative body, all fees collected in connection with this Order shall go to the
LCRO trust fund, provided, however, that the fees prescribed therein shall be uniform in all cities and
municipalities in the country, and in all Philippine Consulates.
Rule 11. Retroactivity clause
This Order shall have retroactive effect insofar as it does not prejudice or impair vested or acquired
rights in accordance with the Civil Code and other laws.
Rule 12. Separability clause
If any portion or provision of this Order is declared void or unconstitutional, the remaining portions or
provisions thereof shall not be affected by such declaration.
Rule 13. Repealing clause.All circulars, memoranda, rules and regulations or parts thereof
inconsistent with the provisions of this Order are hereby repealed or modified accordingly.
Rule 14. Effectivity clause. This Order shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two newspapers of general circulation.
Approved this 24th day of October 2012.