Category: Problems with NSO Birth Certificate


5 May 21

Now that we know the different types of birth certificate errors and how we can have these corrected, the next question we need to answer is when will the amended copies of the birth certificate be made available? 

This is important information that we all need to know, especially since Pinoys only attend to matters such as birth certificate corrections when a bigger concern is at hand.  For example, you are applying for an overseas job and therefore, you need a passport.  However, you could not secure a passport because there is an error in your birth certificate (such as the spelling of your name, incorrect gender, birth date, or birthplace.).  So you proceed to the LCR of your birthplace to have the error corrected, hoping that you can get it done in a jiffy.

Jiffy is not possible when correcting entry in a birth certificate.  It takes time to apply the corrections and has an amended copy of the document available for the owner’s use.

We did research on how long a birth certificate is corrected and we found out that the timeline actually depends on the type of correction involved.  Needless to say, if your birth certificate required a court proceeding, it would take so much longer than expected.

Below is the list:

  1. Administrative Correction:
  1. Supplemental Report – 1 month
  2. Change of first name – 4 to 7 months
  3. Change of Gender/Correction of Birthday or birth month – 4 to 7 months
  1. Correction of Clerical Error

All cases under correction of clerical error are processed within 2 to 5 months.

  1. Judicial Correction

Cases under judicial correction are expected to be significantly longer; these could go on from one to one and a half years or even longer, depending on how complicated the case is.

Source:

http://www.psa.gov.ph

http://www.filipiknow.net

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5 May 20

There are certain birth certificate errors that need the services of a lawyer and must undergo court proceedings.  These cases will be determined by the Local Civil Registry office that will evaluate the error in your birth certificate.  Remember, before any correction or petition can be filed or applied to your birth certificate, the LCR must first review your documents.  So the only group that could advise you if you need to escalate your birth certificate issue to the courts is the LCR.

What is the process of correcting a birth certificate entry through Judicial Correction?

  1. Contact a lawyer who will prepare the Petition for Correction of Entry.
  2. Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the petition in the Regional Trial Court is P160.00.
  3. The Petition will be raffled and assigned to a branch of the Regional Trial Court.
  4. The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general circulation for three consecutive weeks. Fee for publication varies.
  5. The Order must contain the date of the first hearing.
  6. During the first hearing, the lawyer will present compliance of the jurisdictional requirements like the publication of the Order in a newspaper of general circulation.
  7. After establishing compliance with jurisdictional requirements, the petitioner will be presented in court to testify. The court may assign the Clerk of Court to receive evidence.
  8. During the hearing, it is possible that opposition may appear contesting the petition. If no opposition appears, the Clerk of Court will receive the petitioner’s evidence.
  9. After the presentation of evidence, the Court will rule on the Petition.
  10. If the decision is favorable, the Court will order the Office of City Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner).

The corrections are likely to be applied to your birth certificate after several months or even a year, depending on how complex the case is.  It is best that you find a good and diligent lawyer who will keep track of your case’s progress in court.

Source: www.psa.gov.ph

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5 May 14

As mentioned in our previous blogs, there are three ways you can have the errors in your birth certificate corrected: by filing a petition for correction, going to court, or filing a supplemental report.

Today’s blog will tackle the birth certificate errors that can be corrected by supplemental reports.

What birth certificate errors need a Supplemental Report?

  1. No first name, middle name, or last name (legitimate).
  2. No middle name (if the owner is illegitimate and acknowledged by the father).
  3. The first name on the birth certificate is written as Baby Boy, Baby Girl, Boy, or Girl and the child was born before 1993.
  4. No check mark for gender/there are check marks for both genders.
  5. The illegitimate child wants to use the father’s surname. Take note that this correction only involves the surname. Changing status to legitimate or illegitimate requires court order/proceeding.

How to file for a Supplementary Report

  1. Prepare an affidavit by indicating the missing detail entry of the birth certificate owner;
  2. Include the reasons why the field was left blank in the birth certificate;
  3. Prepare other supporting documents that could help in your petition, such as medical records, school records, etc.

Submit your petition to the Local Civil Registry Office of the city or municipality where the birth was registered.  If the birth certificate owner was born abroad, he can file the petition at the Philippine Consulate where the birth was reported.

Source: www.psa.gov.ph

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5 May 06

A clerical error in your PSA birth certificate can be corrected by filing a petition for correction at the LCR where the birth certificate is registered.  The following is a list of errors that can be considered clerical in nature.  Note, however, that it is the LCR that shall determine the type of correction that can be applied to any error found in a birth certificate.  That is why it is best that you consult with them whenever you see any discrepancy in your civil registry documents.

  • Blurred name (first, middle, or last name).
  • Mother’s last name is wrong while the child’s middle name is correct.
  • Child’s middle name is wrong while the mother’s last name is correct.
  • Wrong spelling of the name (first, middle, or last name).
  • Middle and last names have been interchanged.
  • Middle initial entered instead of the full surname.
  • The wrong gender indicated.

Blurred or Unreadable Entries

According to the Philippine Statistics Authority (PSA), if the record of PSA is blurred, the Local Civil Registrar shall be requested to endorse a copy of the birth certificate with a clearer entry in the first name to the PSA.  However, if the PSA and LCR copies are both blurred, a petition for correction of clerical error under the provisions of R.A. 9048 should be filed.

Supporting Documents:

  1. Certified machine copy of the birth record containing the entry to be corrected.
  2. Not less than two (2) 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.
  3. Notice/Certificate of Posting.
  4. Payment of P1,000 as a filing fee.  For petitions filed abroad, a fee of 50 USD or equivalent value in local currency shall be collected.
  5. Other documents which may be required by the concerned civil registrar.

In the coming days, we shall feature the list of requirements for the other birth certificate errors that fall under the clerical category.

Source: www.psa.gov.ph

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5 May 3 c (1)

If your gender in your birth certificate is incorrect, you can have it corrected under RA No. 10172.  The petitioner must personally file the petition with the local civil registry (LCR) office where his birth certificate is registered.

Below is the list of documentary requirements you need to prepare when filing for such correction, as lifted from the website of the Philippine Statistics Authority (PSA):

  1. Earliest school record or earliest school documents.
  2. Medical records
  3. Baptismal certificate and other documents issued by religious authorities.
  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:
    1. Employer, if employed;
    2. National Bureau of Investigation; and
    3. Philippine National Police.
  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. 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 a sex change or sex transplant.

Are there fees to be paid?

The LCR is hereby authorized to collect from the petitioner Php 3,000 as the fee to correct the gender reflected in the birth certificate.

Indigent petitioners are exempted from paying the said fee, provided that the petition is supported by a certification from the city/municipal Social Welfare Office that the petitioner/document owner is indigent.

If the petition is filed with the Consul General, the filing fee is 150 USD or its equivalent value in local currency.

In the case of a migrant petition, there shall be a service fee of Php 1,000 to be collected by the PRCR.

Source: www.psa.gov.ph

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4 Apr 30

If the first name written on your PSA birth certificate is not the name that you are using in most (if not all) of your IDs and transactions, you need to have it changed.  It is important that the details in your IDs and those written in your birth certificate match, especially when you are applying for a passport.

As mentioned in our previous blog, changing your first name in your birth certificate is considered an administrative correction.  Therefore, you need to file a petition for change of the first name under the provisions of R.A. 9048.

Here are the list of documentary requirements, IDs, and fees:

  1. Certified machine copy of the birth record containing the entry to be corrected;
  2. Not less than two (2) 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;
  3. Notice/Certificate of Posting;
  4. Payment of Three Thousand Pesos (P3,000) as the filing fee. For petitions filed abroad, a fee of $150 or equivalent value in local currency shall be collected;
  5. Other documents which may be required by the concerned civil registrar;
  6. NBI/Police Clearance, civil registry records of ascendants and other clearances as may be required by the concerned civil registry office;
  7. Proof of publication.

The petitioner may file the documents with the Local Civil Registry (LCR) office of the city or municipality where the birth is registered.  If he no longer lives in the place where he was born, he may file it at the LCR office where he is currently residing.

If the petitioner was born abroad, he may file the correction at the Philippine Consulate office where the birth was reported.

Source: www.psa.gov.ph

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4 Apr 24

There are two types of errors that can happen to your birth certificate: one that can be corrected by filing a petition for correction, and one that requires legal proceedings and court hearings.  We summarized the different types of birth certificate errors and how these can be corrected.  Read on.

Administrative Correction

Always remember that all the entries in your birth certificate are transcribed by human hands.  The document may have been accomplished by your parents, a nurse at the hospital where you were born, the midwife that assisted during your mother’s delivery, or any one of your relatives.  Upon registration, a staff at the Local Civil Registry office will again transcribe your details to create your birth certificate; during which, typographical errors and misspellings are likely to be committed.  These are considered clerical errors and are not done intentionally.

These types of errors may cause delays in your transactions and applications but the good news is, it can be fixed without much expense and without the need for a lawyer’s services.

Here are the different types of corrections that fall under Administrative Corrections:

  1. Change of First Name
  • First name being used is different from the first name on the birth certificate.
  • The first name on the birth certificate is written as “Baby Boy”, “Baby Girl”, “Boy”, or “Girl” and the child was born 1993 onwards.
  1. Wrong Gender or Wrong Day or Month of Birth
  • Date of birth (day or month) is wrong.
  • The wrong gender is checked.
  1. Clerical Error Correction
  • Blurred name (first, middle, or last name)
  • Mother’s last name is wrong while the child’s middle name is correct.
  • Child’s middle name is wrong while the mother’s last name is correct.
  • Wrong spelling of the name (first, middle, or last name).
  • Middle and last names have been interchanged.
  • Middle initial entered instead of the full surname.
  • The wrong gender is checked.
  1. Supplemental Report
  • No first name, middle name, or last name (if legitimate).
  • No middle name (if illegitimate and acknowledged by the father).
  • The first name on the birth certificate is written as “Baby Boy”, “Baby Girl”, “Boy”, or “Girl” and the child was born before 1993.
  • No check mark for gender/there are check marks for both genders.
  • The illegitimate child wants to use the father’s surname.  Take note that this correction only involves the surname.  Changing status to legitimate or illegitimate requires court order/proceeding.

Judicial Correction

These types of corrections cannot be processed by the birth certificate owner on his own and therefore must undergo judicial proceedings.

Below are the requirements for judicial correction:

  • Documents containing information or entries pertinent to your case.  The documentary requirements you will submit depends on the correction you are requesting and will be subject to evaluation once you file your case with the Regional Trial Court (RTC).
  • Prepare to pay court fees which is the sum total of the initial filing, sheriff’s, photocopying, postage, and notarization fees.  You also need to prepare your pocket for additional fees such as newspaper fees for the mandatory 3-week publication requirement, lawyer’s professional fees, pleading fees, and court appearance fees.

Reference: https://filipiknow.net/birth-certificate-correction/?fbclid=IwAR14os3EPdWocgLOXrbvNr0ohDwIpP8_QFbdbIhTGq5EBZ4_3Yt78Pmx3kM

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4 Apr 22

Filipinos who work or reside abroad whose PSA birth certificates have corrections need to have these addressed as soon as possible.  Inconsistencies in the details of your birth certificate can greatly affect your passport, immigration status, and validity of issued visas or travel permits.  When this happens, you might not be able to travel back to the Philippines or worse, you could get deported and have difficulty securing travel permits in the future.

We came across an article written by Joanne Go, a paralegal and office manager of FCB Law Office, published by Rappler last April 13, 2019.  She presented the 21-step process needed in order to apply corrections to a Pinoy migrant’s defective birth certificate.  This applies to Filipinos who are working or residing abroad but were born in the Philippines.  Since the process is quite long, we summarized it in this blog for everybody’s information and guidance:

OFW Birth Certificate Corrections (Migrant Corrections Through the Embassy)

According to Go, the Philippine embassy in the country where the Pinoy migrant is staying is the best option if the birth certificate needing correction is registered at that embassy.  However, if your birth certificate is registered in the Philippines, the embassy can only act as a middleman between the OFW or Pinoy migrant and the Department of Foreign Affairs (DFA) and the Philippine Statistics Authority (PSA).

So if this happens to you (or your relative who is abroad), here’s what you can do:

  1. At the Embassy and the DFA

The birth certificate owner needs to submit the documents needed to support the correction he is requesting for, along with the fees that need to be paid.  The petition for correction will be posted and the applicant will be issued a Certificate of Posting.  The Consul General of that embassy shall forward the petition to the DFA in Manila and the DFA forwards the same to the Local Civil Registrar (LCR) where the birth certificate was originally registered.

2. At the Local Civil Registrar

As soon as the LCR receives the petition (from DFA Manila), they shall get in touch with the birth certificate owner for further instructions, including any additional fees he or she needs to pay.  A certificate of posting is likewise issued after all requirements have been fulfilled and the birth certificate owner receives the approved petition.  The approved petition is either claimed by the owner himself or by a duly authorized representative (if the owner could not personally appear at the LCR).

 The LCR mails the petition to the Office of the Civil Registrar General (OCRG) in Manila.

3. At the Office of the Civil Registrar General

The OCRG acts on the petition and then forwards the decision back to the LCR.  The LCR then issues the Certificate of Finality.

If the petition is approved, the LCR shall mail the OCRG all the supporting documents.  However, if the petition was denied, the LCR shall file a motion for reconsideration along with the new documents from the petitioner.

Tips when filing a petition for correction when the birth certificate owner is abroad:

  1. Find someone who can file the petition at the LCR on your behalf.

You must provide the person with a red-ribboned Special Power of Attorney (SPA).  This person shall now be authorized to represent you before the LCR and file all the necessary supporting documents that will be required depending on the error that needs to be corrected.

  1. Have your birth certificate and supporting documents reviewed and assessed by the LCR for completeness and veracity.

You (or your authorized representative) must proactively seek the LCR’s advise on the strength of the documents you submitted and how these documents can help support your petition for correction.  According to Go, if you follow the LCR’s advice, your petition has a better chance of getting approved.

  1. Follow up.

You can do this from abroad or have your representative regularly check with the LCR (as it is cheaper to call locally).  Probe for any progress on your filed petition and find out if there are other documents that are needed to help expedite the case.

When the petition is approved, bring it immediately to the PSA so that the necessary corrections would be annotated on your birth certificate.  If you fail to do this, your birth certificate will remain uncorrected.

We hope this article would be of help when you find yourself in a situation where you need to have some entries in your birth certificate corrected.  If you need a copy of your PSA birth certificate, you could actually order online and have it delivered to your preferred address (home or office).  Visit www.psahelpline.ph for more details.

Reference: https://www.rappler.com/thought-leaders/227987-tips-correct-birth-certificate-error-for-ofws-filipinos-abroad

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Feb 14

Sofie has always known that her mother’s name is Emelita.  That is the name written on all her mother’s IDs and on the birth certificates of Sofie and her siblings.  However, when Aling Emelita requested for a copy of her PSA birth certificate, they were shocked to see that her name is actually not Emelita but Maria Rosario!  All other information on her birth certificate is correct, her birth date, birthplace, and the names of her parents.  Everything, except her name.

They discovered this in the early ‘90s when Aling Emelita was preparing to work abroad.  Since she was in a hurry to get a passport, she resolved to use her Maria Rosario birth certificate and was granted a passport as Maria Rosario.

When Sofie graduated from high school with flying colors, her parents gifted her and her siblings a trip to Tokyo Disneyland.  Sofie and her three siblings, all minors, trooped to the DFA to get their passports.  But they were all horribly disappointed when their applications were put on hold because of the inconsistency in their mother’s name as written on their birth certificates and the name that appears on their mother’s birth certificate.  On their birth certificates, their mother is Emelita.  But on Aling Emelita’s, her name is Maria Rosario.

How does one correct their parent’s name as it appears on their birth certificate?

While it is clear that Aling Emelita has chosen to simply adopt her name as written on her birth certificate (Maria Rosario), she failed to work on correcting the details on her children’s birth certificates, where her name is still written as Emelita. 

Sofie and her siblings need to have their birth certificates corrected to reflect their mother’s name as Maria Rosario.  Here’s what they need to do:

  1. They need to go to the Local Civil Registry of their birthplace and request for correction of their mother’s name as it appears on their birth certificates.
  2. They must bring a copy of Aling Emelita’s PSA birth certificate where her name is written as Maria Rosario.  Any other government-issued ID of Aling Emelita (as Maria Rosario) will likewise help in further solidifying their petition.
  3. Fees vary according to municipality and payments must be made only with the city or municipal hall’s cashier.  All payments must be issued with a government receipt.  Be wary of fixers.
  4. When the petition is successfully filed by the LCR, Sofie and her siblings will be given a copy of the Finality and Endorsement pertaining to the correction they requested.
  5. After three to six months, they can begin following up with the PSA for the corrected copies of their birth certificates.  When making a follow-up, bring the Finality and Endorsement documents from the LCR.
  6. The first corrected copies of their birth certificates must be claimed at the PSA head office in Sta. Mesa, building 2.  All other succeeding copies may be requested online at www.psahelpline.ph.

If you have similar concerns about your birth certificate, send us your questions and we will do our best to find the best answer for you.

Chips And Nibblers (1)

Closet Queen

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Reference: www.psa.gov.ph

 

Feb 12.jpg

When a child is born out of wedlock, the child carries the mother’s family name unless the father gives his consent for his child to use his last name and acknowledges him on paper.  The date of marriage field on the child’s birth certificate must also be left blank until the parents are married, if and when.

There are cases when the child’s parents would place false information on their child’s birth certificate, declaring themselves to be married when they are not.  Some single moms manage to include the child’s father’s last name on the child’s birth certificate, without seeking the latter’s consent.  In their desire to save their child from being labeled illegitimate, they end up falsifying a public document, never mind the consequences it will eventually bring on their child.

So how does one correct the false information written on a birth certificate?

Nerissa and Joel were both only 22 years old when their eldest child, Denver, was born.  Because they did not want their firstborn to suffer the stigma of being an illegitimate child, and since they do have plans of getting married later on, they opted for Denver to carry his father’s last name.  Apart from that, they declared January 27, 2007 as their date of marriage – in reality, this was the date when they officially became a couple.

Fast forward to 10 years later when Denver, now a fifth grader and a prized athlete of their school, needs to secure a passport so he can compete in a swim meet in Singapore.  His mom prepared all the documents needed for submission to the DFA, including and most importantly, Denver’s PSA birth certificate.

It was only then that Nerissa realized that Denver’s birth certificate still bears the fake date of marriage of his parents and his last name is still that of his biological father’s.  Nerissa and Joel have since gone their separate ways; Nerissa is a single parent to Denver while Joel is married and is already residing abroad.

True enough, when they presented the documents at the DFA, Nerissa was asked to submit a copy of her and Joel’s “marriage certificate”.  When she said that she does not have a marriage certificate because she is, in fact, not married, Denver’s passport application was put on hold.

Mother and son went home brokenhearted and clearly, unsure of the next steps they need to make to clarify the issue.

Nerissa wanted to work on two things: first, to change her son’s last name to her maiden last name and second, to rectify the false date of marriage declared on the child’s birth certificate.

In this case, changing Denver’s last name should be the easier task.  She can file a petition in court to request for her son’s last name to be dropped and changed with hers.  As of the moment, Philippine courts grant these types of petitions only on the following grounds:

  1. When the name is or sounds ridiculous, dishonorable, or extremely difficult to write or pronounce;
  2. When the change results as a legal consequence such as legitimation;
  3. When the change will avoid confusion;
  4. When one has continuously used and been known since childhood by a Filipino name, and as unaware of alien parentage;
  5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and
  6. When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

Obviously, Nerissa has a lot of explaining and justifying to do before the court.  She needs to justify why she is now seeking to change the last name of Denver and prove that the change is for her son’s best interest.

The fake date of marriage on Denver’s birth certificate is a case all on its own.  Dropping the fake date of marriage will be handled through a court order and with the assistance of Nerissa’s lawyer.  These types of cases take time and may cost Nerissa more than she would have bargained for.

Placing false and inaccurate information on civil registry documents is illegal and considered a crime in our country.  You may get away with it for a time but remember that whoever owns the document will eventually suffer the consequences of having false information on his or her birth or marriage certificate.

Chips And Nibblers (1)

Closet Queen

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