Of all the “names” in a birth certificate, I always thought it was the Last Name that would entail the most complicated correction processes. Before I dove into my research on civil registration, I always believed that the only way you can have your last name corrected is by employing the services of a lawyer.
I was wrong.
So, today, I am going to share how you can correct your last name in your birth certificate based on the prescribed solutions of the PSA. Of course, there are still some cases where you will truly need the advice of a lawyer, especially if you are thinking of changing your last name. This blog will focus on the following errors and concerns on the last name written in birth certificates:
- Last name is blurry and unreadable.
- Last name is misspelled.
- No last name written in the birth certificate.
- The owner is an illegitimate child.
Read on.
- BLURRED
You may request the local civil registrar to endorse a copy of the birth certificate with clearer entry to the PSA. If the record of the PSA and the civil registry are both blurred, a petition for correction of clerical error under the provisions of RA 9048 should be filed.
Supporting documents for RA 9048:
- Certified machine copy of the birth record containing the entry to be corrected;
- Not less than two private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI/Police clearance, civil registry records of ascendants.
- Notice/Certificate of Posting
- Filing fee of Php 1,000.00.
2. WRONG SPELLING
This can be corrected by filing a petition for correction of clerical error under the provisions of RA 9048.
- The petition shall be filed with the local civil registry office of the city or municipality where the birth is registered.
- If the petitioner already resides in a different city or municipality, he or she can file the petition with the civil registry office where he or she is currently residing.
Supporting documents:
- Certified machine copy of the birth record containing the entry to be corrected;
- Not less than two private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI/Police clearance, civil registry records of ascendants.
- Notice/Certificate of Posting
- Filing fee of Php 1,000.00.
3. NO LAST NAME
- If the last name in the birth certificate is blank, a supplemental report should be filed to supply the missing entry.
- An affidavit indicating the entry missed in the registration and the reasons why there was a failure in supplying the required entry. Supporting documents should be provided to show the name of the child.
- The supplemental report shall be filed with the local civil registry office of the city or municipality where the birth is registered.
- The affidavit must include the reasons why there was a failure in supplying the required entry. Other supporting documents should be provided to show the last name of the owner.
4. ILLEGITIMATE CHILD
- Born BEFORE August 3, 1988
- If acknowledged by both parents:
- A child acknowledged by both parents shall use the surname of the father. The last name of the mother shall be the middle name of the child. This correction may be filed at the civil registry office where the birth of the child is registered.
- Seek the advice of the civil registry office for the documents needed when filing this correction.
- If acknowledged by only one parent:
- If recognized by only one of the parents, a child shall use the surname of the recognizing parent.
- The correction may be filed by the owner of the birth certificate (of age), the owner’s mother and or father.
- The correction may be filed at the civil registry office where the birth of the child was registered. Seek the advice of the civil registry office for the documents needed when filing this correction.
- Child under the surname of the mother and acknowledged by the father through authentic writing:
- The authentic writing executed by the father can be used as basis for you to use his last name. This may be filed by you (owner of the birth certificate who is of age), or the parents.
- You may seek the advice of the LCR for any additional supporting documents that may be required for this correction.
- Born AFTER August 3, 1988
- Birth certificate already registered and child is under the surname of the mother and the father executed an affidavit of acknowledgment.
- You can use the surname of the father by applying the provisions of RA 9255. The affidavit of acknowledgment executed by the father should be registered with the civil registry office where the birth of the child was registered. Since the surname being used is the surname of the mother, an Affidavit to Use the Surname of the Father (AUSF) should also be executed with the civil registry office where the birth is registered.
- This may be filed by the parents and or guardian of the child. If the owner of the birth certificate is of age, he or she may also initiate filing of the affidavit.
- The affidavit should be filed at the civil registry office where the birth of the child is registered. Bring a copy of the affidavit of acknowledgment executed by the father and the AUSF.
- Birth certificate already registered and child is under the surname of the mother and a Private Handwritten Instrument by the father is presented.
- You can use the surname of the father by applying the provisions of RA 9255. The Private Handwritten Instrument executed by the father should be the basis for you to use the surname of your father. Since the surname being used is the surname of the mother, an Affidavit to Use the Surname of the Father (AUSF) should also be executed with the civil registry office where the birth is registered.
- This may be filed by the parents and or guardian of the child. If the owner of the birth certificate is of age, he or she may also initiate filing of the affidavit.
- The affidavit should be filed at the civil registry office where the birth of the child is registered. Bring a copy of the Private Handwritten Instrument and the AUSF.
- Birth certificate is not yet registered and the father acknowledges the child at the back of the birth certificate or in a separate public instrument.
- The child can already use your last name following the procedures for RA 9255.
I hope you found today’s blog helpful. Remember, the best source of information for civil registry document problems is the office of the local civil registry, the PSA, or your family lawyer. What is important is you get the errors in your birth certificate addressed right away to avoid delays in your transactions later on.
Source:
hello po! help me yo solve my problem or advise ang daming error sa bc ko
Ano po ang errors sa birth certificate niyo?
Ang last name ko po ay mali ang spiling
Dapat RICALDE
hindi Recalde
Mag file po kayo sa munisipyo ng petition to correct a clerical error para ma correct ang spelling ng last name niyo.