There are two possible concerns that a person may have with the middle name in his or her birth certificate:
- That the mother’s last name is correct but the child’s middle name is wrong and
- The mother’s last name is incorrect and the child’s middle name is correct.
Both cases can cause confusion and are regarded as unacceptable errors, especially when the birth certificate is being presented to verify the owner’s identity and parentage. Thankfully, this type of error may be corrected by filing a Petition for Correction of Clerical Error, as stipulated under RA 9048.
Who shall file:
- The owner of the document or any authorized representative
- Owner’s spouse, children, parents, siblings, grandparents, legal guardian
Where to file:
- If the person was born in the Philippines, the correction must be filed at the LCR (Local Civil Registry Office) where the birth certificate was registered.
- If the birth certificate owner no longer resides in his place of birth, he or she may file the petition at the LCR of the city or municipality where he or she currently resides.
- If the petitioner was born abroad, the petition must be filed at the Philippine Consulate Office where the birth is reported.
Documents to be presented:
- 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, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants;
- Notice/Certificate of Posting;
- Payment of fees (please inquire directly at the LCR for the most updated fees);
- Other documents that may be required by the LCR.
It is best to consult your LCR if you plan to file a petition for correction. Make sure you have all the required documents ready before filing to avoid delays in the process. Do no transact with fixers; always deal with LCR staff and employees and ask for an official receipt when making payments.
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