FAQ on Republic Act No.

9048

What You Need To Know About

 
 
Republic Act 9048
Act Authorizing the C/MCR or 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

WHAT IS REPUBLIC ACT 9048?

Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a
clerical or typographical error in an entry and/or change the first name or nickname in the civil register
without need of a judicial order.

RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of
name or surname of a person, or any correction or change of entry in a civil register without a judicial
order.

President Gloria Macapagal-Arroyo approved the act on 22 March 2001. With the law taking effect on 22
April 2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which
was published in the newspaper in August that year.

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:

    correction of clerical or typographical errors in any entry in civil registry documents, except
corrections involving the change in sex, age, nationality and status of a person.

(A clerical or typographical error refers to an obvious mistake committed in clerical work, either in
writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such
as a misspelled name or misspelled place of birth and the like, and can be corrected or changed only by
reference to other existing record or records.)

    change of a person's first name in his/her civil registry document under certain grounds specified
under the law through administrative process.

 
WHAT ARE THE CONDITIONS UNDER RA 9048 THAT THE PETITIONER NEEDS TO COMPLY WITH?

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he
has been publicly known by that first name or nickname in the community; or,

(3) The change will avoid confusion.

WHO MAY FILE THE PETITION?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition
may be filed by a person of legal age who must have a direct and personal interest in the correction of
the error or in the change of first name in the civil register.

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than
eighteen years old) cannot by himself file a petition, either for correction of clerical or typographical
error or for change of his first name.

Only the following persons are considered to have a direct and personal interest in the correction of
clerical error or change of first name:

    Owner of the record that contains the error to be corrected or first name to be changed

     
    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.

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

The petition, whether it is for correction of clerical error or for a change of first name, should be
accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative
Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be
subscribed and sworn to before a person authorized to administer oath.

Basically, the petition must contain the following facts or information:

    Merits of the petition

    Competency of the petitioner
    Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed
new first name

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR TYPOGRAPHICAL

ERROR IN A CIVIL REGISTRY DOCUMENT?
The petition shall not be processed unless the petitioner supports it with the required documents. The
supporting documents should be authentic and genuine, otherwise, the petition shall be denied or
disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting
documents are admissible as basic requirements:

    Certified machine copy of the certificate containing the alleged erroneous entry or entries
     
    Not less than 2 public or private documents upon which the correction shall be based. Examples of
these documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS
record, medical record, school record, business record, driver's license, insurance, land titles, certificate
of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.
     
    Notice and Certificate of Posting
     
    Certified machine copy of the Official Receipt of the filing fee
     
    Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first name shall be accepted unless
the petitioner submits the required supporting papers, as follows:

    All the documents required of the petitioner for the correction of clerical error shall also be required
of the petitioner for change of first name.
     
    Clearance from authorities such as clearance from employer, if employed; the National Bureau of
Investigation; the Philippine National Police; and other clearances as may be required by the concerned
C/MCR.
     
    Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper
clippings should be attached.

HOW MUCH IS THE FEE IN FILING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the
following rates of filing fees:

    One thousand pesos (P1,000.00) for the correction of clerical error
     
    Three thousand pesos (P3,000.00) for the change of first name

In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine
Consulates. The fees are the following:
    Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error
     
    One hundred fifty U.S. dollars ($150.00) for the change of first name

A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).

This service fee shall accrue to the local treasury of the PRCR.

    Five hundred pesos (P500.00) for correction of clerical or typographical error
     
    One thousand pesos (P1,000.00) for change of first name

WHERE SHOULD THE PETITION BE FILED?

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record
containing the clerical error to be corrected or first name to be changed is kept. Included in this general
rule is the case of the Office of the Clerk of Shari'a Court where records of divorces, revocations of
divorces, conversions to Islam are kept and where some Muslim marriages are registered.

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present
residence or domicile is different from where his civil registry record or records are registered, he may
file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

ABOUT THE SERVICES: Republic Act 9048 authorizes the 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 Registrar without need a judicial order.
An administrative remedy in nature, it is a departure from the usual judicial process in correcting clerical
errors of changing an entry in civil registry documents. It is aimed at according petitioners an
expeditious and cheaper way of correcting errors found in her/his record.

Whether it is for correction of clerical or typographical error, or for change of first

name, the petition may be filed by a person of legal age who must have direct and
personal interest in the correction of the error or in the change of first name in the
CLIENT GROUPS:
civil registrar. (Document owner, owner’s spouse children, parents, brother, sisters
and grandparents, guardian or any other person duly authorized by law or by the
owner of the document.

For correction of Clerical Error:

Mandatory Requirements:

REQUIREMENTS:  Birth Certificate on Security Paper

 With at least 2 supporting documents

 Voter’s Affidavit
  Employment Record

 GSIS Record

 SSS Record

 Medical Record

 Business Record

 School Record

 Driver’s License

 Insurance

 Civil Registry records of ascendants

 Land Titles

 Certificate of Land Transfer

 NBI/Police Clearance

For Change of First Name:

Mandatory Requirements:

 Birth Certificate on Security Paper

 Police Clearance

 NBI Clearance

 Affidavit of Non-Employment or Employment Certificate and other

documentary evidences

 Affidavit of Publication/Newspaper clippings Publication – local newspaper

for 2 consecutive weeks national newspaper (publication shall be done only
once) for Migrant Petition

 Supporting documents:

 Baptismal Certificate

 School Records

 Identification Cards

 Special Power of Attorney (SPA) if the Petitioner is not the owner of

the document

SERVICE Monday to Friday

SCHEDULE: 8:00 AM to 12:00 noon & 1:00 to 5:00 PM

TOTAL 16 DAYS
PROCESSING Note: Does not include postal delivery time of the Office of the Civil Registrar
TIME: General

P 3,000.00 – Change of First Name

TOTAL
P 1,000.00 – Correction of Clerical Error
FEES/CHARGES:
P 500.00 – Migrant Petition (Service Fee)

DELAYED REGISTRATION

Posting of the Pending Application

A notice to the public on the pending application for delayed registration shall be posted on the bulletin
boards of the city or municipality for a period of not less than ten (10) days. (47a)

If after ten (10) days, no one opposes the registration, the civil registrar shall evaluate the veracity of the
documents submitted. (48:1a)

If after proper evaluation of all documents presented and investigation of the allegations contained
therein, and the civil registrar is convinced that the event really occurred within the jurisdiction of the
civil registry office and that said event has not been registered, he shall register the delayed report
thereof. (48:2a)

The civil registrar, in all cases of delayed registration of birth, death, and marriage, shall conduct an
investigation whenever an opposition is filed against a registration. He shall take the testimonies of the
parties concerned and of the witnesses in the form of questions and answers. After investigation, the
civil registrar shall forward his findings and recommendations to the Office of the Civil Registrar-General
for appropriate action. (57:11a)
The Civil Registrar-General may, after review and proper evaluation, deny or authorize the registration.
(57:2a)

Recording of Delayed Registration

In every case of delayed registration of birth, death, marriage, and other registrable documents, the
entry in the civil registry book and the registry number transcribed on the certificate of vital event shall
be in red ink. The remarks "Delayed Registration" shall be written on the upper right hand margin of the
certificate and the "Remarks" portion of the registry book. (56a)

Duty to File a Complaint with the Prosecutor's Office

In every case of delayed registration, the civil registrar shall file a complaint with the city or provincial
prosecutor�s office for appropriate action under Section 17, Act No. 3753. The action filed
in court by the prosecutor against the party for failure to register shall not suspend or stop the
registration, neither should it be a ground for refusal by the civil registrar to register the delayed report
of birth, death, marriage, or any registrable document. (55a)

Delayed Registration of Birth

1. The requirements are:

a) if the person is less than eighteen (18) years old, the following shall be required:

i) four (4) copies of the Certificate of Live Birth duly accomplished and signed by the proper parties;

ii) accomplished Affidavit for Delayed Registration at the back of Certificate of Live Birth by the
father, mother, or guardian, declaring therein, among other things, the following:

name of child;

date and place of birth;

name of the father if the child is illegitimate and has been acknowledged by him;

if legitimate, the date and place of marriage of parents; and

reason for not registering the birth within thirty (30) days after the date of birth

In case the party seeking late registration of the birth of an illegitimate child is not the mother, the party
shall, in addition to the foregoing facts, declare in a sworn statement the recent whereabouts of the
mother.

iii) any two of the following documentary evidences which may show the name of the child, date
and place of birth, and name of mother (and name of father, if the child has been
acknowledged):

baptismal certificate;

school records (nursery, kinder-garten, or preparatory);

income tax return of parent/s;

insurance policy;

medical records; and

others, such as barangay captain's certification.

iv) affidavit of two disinterested persons who might have witnessed or known the birth of the child.
(46:1aa)
 b) If the person is eighteen (18) years old or above.

i) all the requirements for the person who is less than eighteen (18) years old; and

ii) Certificate of Marriage, if married. (46:1ba)

2. Delayed registration of birth, like ordinary registration made at the time of birth, shall be filed at the
Office of the Civil Registrar of the place where the birth occurred. (46:3)

3. Upon receipt of the application for delayed registration of birth, the civil registrar shall examine the
Certificate of Live Birth presented, whether it has been completely and correctly filled in and all
requirements have been complied with. (47a)

4. In the delayed registration of the birth of an alien, travel documents showing the origin and
nationality of the parents shall be presented in addition to the requirements mentioned in Rule 25 (1).
(49:2a)

Delayed Registration of Death

No delayed report of death shall be accepted for registration unless the following procedures and
requirements are observed and complied with by the concerned parties:

a) four (4) copies of Certificate of Death, which must be accomplished correctly and completely;

b) affidavit for delayed registration which shall be executed by the hospital or clinic administrator if
the person died in a hospital, clinic or in a similar institution, or by the attendant at death if the
person died elsewhere. In default of the hospital or clinic administrator or attendant at death, the
affidavit shall be executed by any of the nearest relative of the deceased, or by any person having
legal charge of the deceased when the latter was still alive;

c) the affidavit referred to shall state among other things, the name of the deceased, the facts of his
death, the date and place of burial or cremation, and the circumstances why the death was not
reported for registration within thirty (30) days after death;
 d) authenticated copy of the certificate of burial, cremation, or of other means of corpse disposal;
and

e) approval for registration by the health officer in the box provided in the Certificate of Death. (50a)

Delayed Registration of Marriage

In delayed registration of marriage, the solemnizing officer or the person reporting or presenting the
marriage certificate for registration shall be required to execute and file an affidavit in support thereof,
stating the exact place and date of marriage, the facts and circumstances surrounding the marriage, and
the reason or cause of the delay. (53:1a)

Requirements for Late Registration of Birth

Certificate
If the person is less than eighteen (18) years old, the following shall be required:

 Four (4) copies of the Certificate of Live Birth duly accomplished and
signed by the proper parties;
 Accomplished Affidavit for Delayed Registration at the back of Certificate
of Live Birth by the father, mother, or guardian, declaring therein, among
other things, the following:
o name of child
o date and place of birth
o name of the father if the child is illegitimate and has been
acknowledged by him;
o if legitimate, the date and place of marriage of parents; and
o reason for not registering the birth within thirty (30) days after the
date of birth
 In case the party seeking late registration of the birth of an illegitimate child
is not the mother, the party shall, in addition to the foregoing facts, declare
in a sworn statement the recent whereabouts of the mother.

 Any two of the following documentary evidences which may show the name
of the child, date and place of birth, and name of mother (and name of
father, if the child has been acknowledged):
o baptismal certificate;
o school records (nursery, kinder-garten, or preparatory);
o income tax return of parent/s;
o insurance policy;
o medical records; and
o others, such as barangay captain’s certification.
 Affidavit of two disinterested persons who might have witnessed or known
the birth of the child.

If the person is eighteen (18) years old or above.

 All the requirements for the person who is less than eighteen (18) years old;
and
 Certificate of Marriage, if married.

As a general rule, all disputes may be the subject of barangay conciliation before the Katarungang
Pambarangay, except for the following disputes:

(1) Where one party is the government or any subdivision or instrumentality thereof;

(2) Where one party is a public officer or employer, and the dispute relates to the performance of his
official functions;

(3) Offenses punishable by imprisonment exceeding one year or a fine exceeding P5,000;

(4) Where there is no private offended party;

(5) Where the dispute involves real property located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
(panel);

(6) Disputes involving parties who actually reside in barangay of different cities, except where such
barangay units adjoin each other and the parties thereto agree to submit their differences to amicable
settlement and by an appropriate lupon;

(7)Such other classes or disputeswhich the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice (Sec. 408, Book 3, Title 1, Chapter 7, Republic Act or RA
7160).

In addition to the abovementioned cases, the following under Section 412 (b) of the said law, are
cases where the parties may go directly to court, to wit:

1) Where the accused is under detention;

2) Where the person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;

3) Where actions are coupled with the provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and

4) Where the action may otherwise be barred by statute of limitations.