Wrong Birth Year

A PSA Birth Certificate (formerly NSO Birth Certificate) bearing an incorrect birth date and month of the owner can be corrected under R.A. 9048 (also known as the Clerical Error Law).  But what if it is the birth year that needs correction?  Is this still covered by R.A. 9048?  Let us find out.

Gelay was born on December 15, 2015 in Calapan City, Mindoro.  On the same date, at 8PM, Typhoon Melor struck the province and immediately rendered the entire town paralyzed with floodwaters and strong winds.  Her mother gave birth at home for fear of getting stranded on her way to the hospital.

It took weeks before their area was cleared.  Gelay’s parents were able to take her to the clinic for a check-up three weeks after she was born.  And although the health workers reminded them to get Gelay registered at the city hall as soon as possible, other more pressing concerns brought by the typhoon kept both parents busy.

On February 2016, Gelay’s Lola came to visit and immediately took on the task of taking care of the baby.  She asked if Gelay has been registered yet and if a copy of her birth certificate is already available.  Only then did Gelay’s parents realize that they still have not accomplished their daughter’s birth registration!

The Lola volunteered to process the registration herself.  She supplied all the information needed on the certificate however, she failed to double check on her granddaughter’s date of birth.  Instead of December 15, 2015, the Lola wrote January 15, 2016.

When her parents requested for a copy of Gelay’s PSA birth certificate, they realized that the birth date and year reflected arewrong.  When they consulted a friend who works at the Local Civil Registry office, they were advised that Gelay’s case is not covered by R.A. 9048 or the Clerical Error Law.  Therefore, correcting the birth date, month, and year is not going to be a simple task (at least not as simple as correcting a misspelled name or incorrect birth month and date).

Although Gelay’s birthday, as reflected on her PSA Birth Certificate, is only a month short from her true and correct date of birth, her parents still need to file a case in court to have this corrected.  This is because the year of her birth needs to be corrected too.

Persons seeking to have this kind of error corrected need to consult a lawyer to find out what processes are involved and fees that need to be paid.  Make sure that you are transacting with a person who is legally empowered to give you advice and charge you fees to get the corrections duly applied on your birth certificate.

Source: https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-10172-implementing-rules-and-regulations

Ad