Category: Problems with NSO Birth Certificate


05 - 15

Aling Nelia is a housewife and a mother of five children.  On her 57th birthday, her kids pooled their resources and surprised her with a round-trip ticket to Hong Kong as it has always been her ardent dream to see the place.

She began working on the required documents while waiting for her passport application appointment at the DFA.  However, when she got hold of her PSA birth certificate, she realized that her name is misspelled on the document.  Her real name, and the name that she has used all her life, is Cornelia Pineda Mangosing, while the name written in her birth certificate is Cornelio Pineda Mangosing.

At first glance, it looked like all Aling Nelia had to do was file a petition for correction of a clerical error on her birth certificate.  After all, it was just one letter – “o” in Cornelio should be changed to “a” to make it Cornelia.  However, when she sought assistance from the Local Civil Registry, she was informed that it is not as simple as it seemed.

What is the difference between correction of clerical error and change of name?

A lot, actually.

Correction of clerical error is covered by R.A. 9048 where an error in a birth certificate is corrected without the need to file a case in court, hire a lawyer, and attend hearings.  The corrections are applied by the LCR where the birth was registered.  RA 9048 may be applied if the error or errors are clearly typhographical in nature – harmless and innocuous.  An evidence of which is that the name, in its erroneous form, sounds ridiculous and tainted with dishonor.

On the other hand, a name that was supposedly misspelled but is still acceptable as a name, may not always be considered misspelled and therefore, may not be covered by the provisions of RA 9048.  Correcting such kinds of entries in a birth certificate follows a different process.

Cornelio vs. Cornelia

Aling Nelia’s name, as far as she is concerned, is misspelled.  Her name is Cornelia, not Cornelio.  Her argument is valid and she has all the documents to prove her claim.  However, the supposed misspelled name, Cornelio, is in itself, a name!  Changing the last letter to make it Cornelia would mean just that – changing the name – not merely correcting the spelling.

What should be done then?

Aling Nelia may resort to have the correction applied through a judicial proceeding.  She needs to file a verified petition in the Regional Trial Court of her birth place or where the LCR is located.  The rest of the procedures she needs to follow are outlined in Rule 108 of the Rules of Court in order to apply the necessary “correction”.  This may be better explained to her by a lawyer.

It may seem strange to have to go through a rather complicated process when all Aling Nelia wanted was to set her records straight and align the name on her birth certificate with the name that she had been using all her life.  At this point, she actually has two options: she could have her name changed through a court proceeding, or simply adopt “Cornelio” being the registered name and drop “Cornelia”.  The latter, of course, would be a ridiculous choice.

This is another reminder for all of us to always be careful when accomplishing public documents such as Certificates of Live Birth, Marriage Certificates, and Death Certificates.  An honest mistake may lead to a string of complications that may affect important transactions such as passport applications and benefit claims.

If you have questions regarding your birth certificate or think that there might be an error you need to rectify, proceed to the LCR office where your birth was registered.  You may also drop us a line and we will do our best to find the most accurate answers for you.

Source: www.psa.gov.ph

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05 - 03

“Noong ‘80s, nakakuha ako ng kopya ng NSO birth certificate ko.  Ngayon, nag request ulit ako, sabi sa akin ‘No Name’ na daw ako!  Bakit nawala yung record ko eh meron na nga dati?”

This is a common confusion among us Pinoys when we are told that we “have a problem with our birth certificate”.  When we hear the word “no”, we automatically think that we do not have a record with the PSA (formerly NSO).

We received the above question from a follower and took it upon ourselves to clarify the matter for everyone’s benefit.  It is important that we are all aware of the differences in our concerns with our birth certificates so we would also know the most effective and efficient solution we could apply.

Below is a summary of the most common birth certificate issues encountered by Pinoys and the prescribed solution for each:

BIRTH CERTIFICATE PROBLEM WHAT THIS MEANS SOLUTION
1. No Record of Birth Certificate The PSA does not have a copy or record of your birth certificate because:

A. Your parents failed to register your birth at the LCR. Or

B. The LCR where your birth was registered failed to submit your birth certificate to the PSA for certification.

C. You were born during or shortly after WW2 when most birth records were destroyed or misplaced.

For scenarios A and C: Submit an Affidavit for Delayed Registration of birth at the LCR of your birth place.  Read this article for the complete list of requirements for Delayed Registration.

For scenarios B: Advise the LCR to endorse your Certificate of Live Birth to the PSA for proper certification.

 

2. Misspelled First Name One or two letters were mistyped that may result to one of two things:

A. Correcting the mistyped letters will confirm your real name, or

b. Correcting the mistyped letters will give you a new name (e.g. Rachelle is the correct spelling but your name is typed as Rochelle).

For scenario A: File an Affidavit for Clerical Error at the LCR where your birth was registered.

For scenario B: The LCR will advise you if you still need to undergo court proceedings as well as other fees you may need to pay (as the case may be treated as “change of name” instead of “clerical error”.)

 

3. “Baby Boy” and “Baby Girl” in first name field The phrases “Baby Boy” and “Baby Girl” were typed in the first name field and is now considered the person’s first name.
  • If born before 1993, file a supplemental report at the LCR.
  • If born on 1993 onwards, file a petition for change of name under RA 9048 at the LCR of the child’s birthplace.
4. Misspelled Middle Name One or two letters of your middle name were mistyped.

The solution depends on the marital status of the petitioner

A. If the petitioner is SINGLE:

  • Bring a copy of your mother’s PSA birth certificate to the LCR of your birth place.
  • If mother is deceased, bring a copy of her PSA death certificate.

B. If the petitioner is MARRIED:

  • Include a copy of your PSA marriage certificate.

File your petition for correction at the LCR where your birth was registered.

5. No Name on Birth Certificate First name field in child’s birth certificate is blank. File a supplemental report at the LCR of the child’s birth place to supply the missing entry.
6. Wrong Gender Gender written in birth certificate is the opposite of the owner’s actual gender. This is considered a clerical error and may be rectified by filing a Petition for clerical or typographical error.
7. Birth Certificate is unreadable or blurry Entries in your birth certificate are hard to read because the texts are smudged or the prints have faded over time.
  • Check if the LCR has a clearer copy of your birth certificate.  If they do, you can request for that copy to be forwarded to PSA for certification.
  • If they don’t, you may request the LCR for a reconstruction of your birth certificate.
8. Problems with Entries in Birth Place field A. Only the name of the hospital is indicated in the birth place field.

B. There are no entries in the birth place field.

C. The birth place written in your birth certificate is incorrect

  • Bring 2 copies of the latest LCR and PSA copies of birth certificate to be corrected to the LCR.
  • Bring a certification from the hospital where you were born; certificate must bear the hospital’s address.
  • If the hospital is no longer in business, submit a certificate from the barangay to prove that the hospital used to be established in the area.
  • School records of petitioner
  • Voter’s registration records
  • Latest community tax certificate from place of residence or place or work.
9. Incorrect Birth Date A. Month, day, or year of birth is incorrect.
  • Corrections for Month and Date fall under RA 9048 and are considered clerical errors.  Owner may file a Petition for Correction at the LCR where birth was registered.
  • Incorrect birth year needs to undergo court proceedings.

Parents and guardians are strongly encouraged to double check all entries in a child’s birth certificate before submitting the document for registration.  Once this is made official by the LCR, you might have a difficult time applying corrections on entries overlooked prior to submission; some errors might even entail cost.

Keep following our page for more useful and informative articles about our PSA documents.

Reference: www.psa.gov

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04 - 26 (1)

I came across this interesting article on yet another case of a defective NSO-certified (now PSA) birth certificate.  The writer narrated how his grandson’s passport application was denied because the kid’s birth certificate lacked the proper entries in the birthplace field.  To get the matter straightened out, the birth certificate owner needs to seek the assistance of the Civil Registry of Manila, wait for four months, and pay (exorbitant) fees.  All because a government employee supposedly neglected double-checking the entries on the child’s birth certificate before having it officially registered and submitted to the PSA.

The taxpayer in me wants to simply believe that the LCR employee who handled the filing of the child’s birth certificate is entirely at fault.  After all, it is part of their job to go over the entries in the document before making it official.

The former government employee in me (not from the LCR though) wants to think otherwise.

The fact remains that the Certificate of Live Birth, which is handed to the parents or relatives of the newborn child, either by a hospital staff, the midwife, or right at the LCR office, is accomplished in the presence of the parents or relatives.  They are then given enough time to review the contents of the document (30 calendar days from the date of birth), and when satisfied, affix their signatures at the bottom of the page, before this is submitted to the LCR and to the PSA.

How then are LCR employees accountable for erroneous entries on birth certificates when all they actually do is receive and file the documents for authentication of the PSA?

The Certificate of Live Birth is an official, public document similar with other forms we fill out at banks, schools, and government offices.  We are expected to provide our most accurate and updated information when filling out these forms to ensure that our transactions are processed seamlessly.  We do not let other people accomplish these documents for us.

We should treat our children’s Certificates of Live Birth the same way, bearing in mind that all information we allow to be written on this document shall serve as our children’s lifelong records, to be used as references of their identification and family history.  Oversights and errors will definitely cause them unnecessary delays and expenses in the future.

We wish to thank the article’s writer for sharing his experience; may we all learn a thing or two from this incident and take it upon ourselves to ascertain that our family’s civil registry documents are filled out accurately.

Because at the end of the day, you have no one else to blame for errors on your children’s birth certificates, except yourself.

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03 - 29

Ang PSA Birth Certificate (dating NSO Birth Certificate) ay madalas na kasama sa listahan ng mga primary documentary requirements ng iba’t-ibang establishments tulad ng mga bangko, eskwelahan, at mga government agencies.  Ang birth certificate ay naka-print sa Security Paper (SECPA) at may selyo ng PSA sa upper left-hand corner ng dokumento.  Maaari itong makuha mula sa mga opisina ng PSA o ipa-deliver sa inyong bahay sa pamamagitan ng pag-order online o pagtawag sa hotline (02 – 737 – 1111).

Habang may mga taong nakakatanggap ng kopya ng kanilang PSA birth certificate, meron din naman na ang natatanggap na kopya ay iyong tinatawag na Negative Certification.  Ang ibig sabihin nito ay walang kopya ang PSA ng kanilang birth certificate.

Bakit Negative Certification ang natanggap ko mula sa PSA?

Ang dalawang dahilan kung bakit may mga nakakatanggap ng Negative Certification mula sa PSA ay:

  • Hindi pa naka rehistro ang kapanganakan ng taong nag request ng birth certificate.
  • Hindi pa nai-submit ng Local Civil Registry ang kopya ng birth certificate sa PSA.

Ano ang dapat kong gawin kapag nakatanggap ako ng Negative Certification?

Nakababahalang matuklasan na walang kopya ang PSA ng iyong birth certificate ngunit may paraan para maayos ito.

May kopya ang LCR ngunit walang kopya ang PSA.

Unahin mong alamin mula sa Local Civil Registry ng lugar kung saan ka ipinanganak kung meron silang record ng iyong kapanganakan.  Kadalasan ay merong naka file ngunit hindi nai-forward sa PSA para ma-certify.  Kung makukumpirma ng LCR na meron ka ngang birth certificate sa files nila, ito ang dapat mong gawin:

  1. Manghingi ng form sa LCR para makapag request ng Endorsement of Records.
  2. Bayaran ang courier fees sa Cashier at ipakita sa LCR ang iyong resibo.  Itago ang resibo bilang katibayan ng iyong filed transaction at binayarang courier fee.
  3. Pagkalipas ng isang linggo, maaari nang mag follow-up sa PSA Sta. Mesa office.  Dalhin ang resibo ng binayarang courier fee sa LCR para mas mabilis na ma-trace ang iyong transaction.

Ang unang kopya ng iyong pina-endorse na dokumento ay sa PSA Sta. Mesa makukuha.  Ang mga susunod na request ng kopya ng iyong PSA birth certificate ay maaari nang ma-order online o sa pagtawag sa PSAHelpline hotline na 02 – 737 -1111.

Walang naka-file na rehistro ng kapanganakan sa LCR.

Kung walang record ng iyong birth certificate na mahahanap ang LCR, ibig sabihin ay hindi narehistro ang iyong kapanganakan.  Wala ka talagang birth certificate at kailangan mong mag file ng Late Registration of Birth.

Maaari itong i-file sa munisipyo ng bayan kung saan ka ipinanganak.  Sakaling sa ibang bayan ka na nakatira, maaari ka na ring mag file sa LCR kung saan ka kasalukuyang naninirahan (Out-of-town Late Registration).

Ano ang requirements para makapag file ng Late Registration of Birth?

  1. Kung less than 18 years old:
    • Apat (4) na kopya ng Certificate of Live Birth na may kumpletong detalye at pirmado ng mga concerned parties.
    • Punuan din ng hinihinging detalye ang Affidavit of Delayed Registration sa likod ng Certificate of Live Birth.  Ang mga impormasyon dito ay magmumula sa ama, ina, o guardian ng may ari ng birth certificate, tulad ng:
      • Pangalan ng bata;
      • Petsa at lugar ng kapanganakan;
      • Pangalan ng ama ng bata kung ito ay illegitimate at kinikilala ng ama;
      • Kung legitimate ang bata, isulat ang petsa at lugar kung saan ikinasal ang mga magulang;
      • Isulat ang dahilan kung bakit hindi na-rehistro ang bata sa loob ng tatlumpung (30) araw mula sa petsa ng kanyang kapanganakan.
  2. Kung 18 years old and above:

Improtanteng ma-kumpirma mo muna na wala ka talagang birth records sa LCR ng iyong birthplace para maiwasan ang tinatawag na Double Registration.  Nangyayari ito kung meron nang birth registration ang isang tao at pagkalipas ng ilang taon ay nagpa-rehistro siyang muli sa ibang munisipyo.  Kung ito ang mangyayari, ang records na susundin ng LCR ay iyong unang registration; ito rin ang record na ipadadala sa PSA for certification.

Source: www.psa.gov.ph

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03-06

Of all the questions and clarifications we regularly receive through this blog, changing the last name of an illegitimate child tops our list.  These questions often come from single moms who either:

  1. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the biological father;
  2. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the adoptive father;
  3. Gave the biological father’s last name to the illegitimate child and now wants the father’s last name dropped from the child’s name and replace it with her last name.

Today’s blog shall focus on these three circumstances and how the processes of achieving the desired results differ from each other.  If you are about to become a single mom, this article may help you in deciding whose last name your child should carry.

What does the Family Code say about illegitimate children?

According to Executive Order No. 209, otherwise known as the Family Code of the Philippines, illegitimate children are children conceived and born outside a valid marriage (Art. 164).  Under the same E.O., illegitimate children shall use the surname and shall be under the parental authority of their mother. (Art. 176).

In 2004 however, Article 176 was amended by virtue of R.A. 9255.  The new law allows illegitimate children to use the surname of their biological father, provided that the father acknowledges his paternity over the child.

How does this new law affect the three cases of changing the last name of illegitimate children?

Before R.A. 9255 took effect, an illegitimate child shall carry its mother’s last name (while the middle name field is left blank) until the biological parents marry and the child is subsequently legitimated.  With the amendment of Article 176 (of R.A. 209), single mothers (and fathers!) now have the option to have the child carry the biological father’s last name in their birth certificates.

a. If an illegitimate child, carrying his mother’s maiden last name, wants to start using his father’s last name, he needs to execute a document, private or public, where he is recognized by his father as his child.  Such documents may be:

  • The affidavit found at the back of the Certificate of Live Birth (COLB); or
  • A separate PUBLIC document executed by the father, expressly recognizing the child as his.  The document should be handwritten and signed by the father; or
  • A separate PRIVATE handwritten instrument such as the Affidavit to Use the Surname of the Father (AUSF).  Note that the AUSF is used when the birth has been registered under the mother’s surname, with or without the father’s recognition.

b. If an illegitimate child, carrying his mother’s maiden last name, wants to use the last name of his adoptive father.

  • This shall follow the process of legal adoption.

c. If the single mother wants to drop the last name of the illegitimate child’s biological father from the child’s birth certificate.

  • This is a relatively new scenario that may have surfaced after R.A. 9255 took effect.  When unmarried parents decide to let the child use the father’s last name and then separate later on, the single mother may soon decide that her child’s birth certificate is better off without her ex-partner’s name on it.
  • This case needs to undergo court hearing and the results are entirely dependent on how the proceedings will go.  This may also entail more costs, time, and effort before a favorable result is achieved.

While the said amendment gives parents the liberty to let their illegitimate child carry the biological father’s name (or any other man’s name for that matter, as long as he is willing to let his last name be used by the child), it also opens opportunities for problems on the child’s birth certificate when the mother and the father do not end up marrying each other.  Keep in mind that after a child’s birth certificate has been duly registered at the LCR and a copy has been released to the PSA, any changes, especially those affecting the child’s last name, may prove to be more complicated than we would care to admit.

What is a single parent’s best recourse in order to avoid problems on the child’s last name?

If we are to base our answer on the above scenarios, then the best option would be for a single mother to simply let her child use her maiden last name, sans the middle name.  This leaves enough room for changes later on, minus the hassle of a court order.

a. If the child is using his mother’s maiden name, he can easily adopt his biological father’s last name in case his parents marry later on;

b. If the child’s mother marries a different man, the stepfather may simply adopt the child and give the child the legal right to carry his name.  Without adoption, the child is free to carry his mother’s maiden last name.

This is merely a personal opinion based solely on the numerous cases of dropping the last name of an illegitimate child due to unforeseen circumstances between his unmarried parents.  You are free to choose the option you deem best and applicable to your situation.  As an additional option, consider it best to consult a lawyer who may be able to provide you with professional advise on your situation.

Reference: http://www.psa.gov.ph

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02-13

The DFA will always refer to the authenticated copy of our PSA birth certificate for the accuracy and completeness of our names.  The name, and how it is written, on the birth certificate is what will appear on the passport.

Miguel Oben is an illegitimate child.  He has always used his mother’s last name as his surname (Oben); he leaves the middle name field blank in all of his documents and IDs.  When he applied for a passport, he was required to present a copy of his PSA birth certificate.  He was shocked to find that his name on his birth certificate is Miguel Villanueva Oben – Villanueva being his biological father’s last name!  He verified this against the copy of the LCR where his birth was registered and got the same results.  When he presented his birth certificate to the DFA, his passport application was denied.

What must be done in such cases?

Miguel was left with no choice but to have the issue on his birth certificate rectified at the Local Civil Registry where his birth was registered.  Since he is an illegitimate child and his father’s name does not appear on his birth certificate (except for his last name that somehow found its way to Miguel’s middle name field), he should continue carrying his mother’s last name while the middle name field must be left blank.

While waiting for the results from the Local Civil Registry (which could take between 6 months to a year), Miguel tried appealing his case to the DFA.  It turns out that he needs the passport to visit his mother who suffered a stroke in Guam, USA.  Luckily, he was able to support this claim with documents from his mother’s doctors.

Although it is not customary for the DFA to work around identity and documentary issues of passport applicants, there are certain cases when the application is reconsidered and additional documents are required.  Cases similar to Miguel’s may be required to present an Affidavit of One and The Same Person in support of the IDs and documents he presented bearing his name as Miguel Oben.  Apart from the said Affidavit, Miguel also attached a signed letter to the DFA stating that he shall be presenting the annotated copy of his birth certificate upon renewal of his passport.

Again, these kinds of issues are handled and evaluated by the DFA on a case-to-case basis.  The results of the evaluation are entirely up to the discretion of DFA’s experts.  At the end of the day, the public is expected to adhere to the policies of the DFA as published in their website and as posted in their offices.

Source: www.dfa.gov.ph

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02-08

A passport applicant was denied because her name on her birth certificate did not match any of the IDs and clearances she presented to the DFA.  Why is this so?

Janine’s parents’ marriage was annulled shortly after she turned one year old.  After the annulment, her mother immediately reverted to using her maiden last name.  Since the mother had sole custody of Janine, she decided to drop the father’s last name and had Janine use her maiden name in all of her records instead.

Now, at 34 years old, Janine applied for her passport (for the first time) and was shocked when she was told her application was denied.  According to the DFA, the name on her birth certificate and the names on the rest of her documents and IDs do not match.  And because of this, she needs to have her birth certificate amended first before her application could be entertained.

Janine was willing to just use her name as it appears on her birth certificate but they explained to her that this could not be done.  The DFA verifies a person’s identity against all of the documents and IDs required of an applicant and since her names do not match, they could not issue her a passport.

What are the requirements when applying for a passport for the first time?

  1. Personal appearance of applicant.
  2. Confirmed appointment
  3. Duly accomplished application form (may be downloaded from the DFA website).
  4. Birth Certificate in PSA Security Paper (SECPA) or Certified True Copy of Birth Certificate issued by the Local Civil Registrar (LCR) and duly authenticated by the PSA.
  5. Valid picture IDs and supporting documents to prove identity such as:
    • Government-issued picture IDs:
      • Digitized SSS ID
      • Driver’s License
      • GSIS E-card
      • PRC ID
      • IBP ID
      • OWWA ID
      • Digitized BIR ID
      • Senior Citizen’s ID
      • Unified Multi-purpose ID
      • Voter’s ID
      • Old College ID
      • Alumni ID
      • Old Employment IDs
    • And at least two of the following:
      • PSA Marriage Contract
      • Land Title
      • Seaman’s Book
      • Elementary or High School Form 137 or Transcript of Records with readable dry seal.
      • Government Service Record
      • NBI Clearance
      • Police Clearance
      • Barangay Clearance
      • Digitized Postal ID
      • Readable SSS-E1 Form or Microfilmed Copy of SSS E1 Form
      • Voter’s Certification, List of Voters and Voter’s Registration Record
      • School Yearbook

Janine presented her PSA Birth Certificate, her college IDs, her company ID, and her Voter’s ID.  Of the four, only her birth certificate shows her last name as that of her father’s while the rest were all her mother’s maiden last name.

She was advised to proceed to the Local Civil Registry where her birth was registered and inquire about the processes involved in changing her surname (as a result of the nullification of her parents’ marriage).  Once her birth certificate has been duly annotated with the necessary changes (on her last name), she may apply for her passport once again.

Source: http://www.dfa.gov.ph/index.php/2013-04-04-06-59-48

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Father Changed Name on Marriage Certificate

Mildred is the eldest daughter of Mang Gerry and Aling Myrna.  She migrated to the U.S. and earned her citizenship when she married her fiancé who is a natural-born citizen of America.  Two years after she was sworn in, she petitioned for her parents to legally stay in the U.S. with her and her husband.

Part of the requirements she needs to submit were her parents’ birth and marriage certificates.  When she received the copies of the documents, she was surprised to find out that her father’s names on his birth and marriage certificates were different.

On his marriage certificate, his name is written as Gerardo Perez Gonzales.  On his birth certificate, his name is Geronimo Perez Gonzalez.  Mildred knew this will cause delays on her petition if not addressed right away.

She talked to her father about the discrepancies.  Why did he use a different name all his life?  Why did he not tell his wife who he really was?

Mang Gerry admitted that he was not even aware that his real name is Geronimo; his parents and siblings have always referred to him as Gerardo.  All his school records show his name as Gerardo and his last name as Gonzales, not Gonzalez.  In all of his employment records, he used the name Gerardo Gonzales.  He does not have any other record as Geronimo Gonzalez except for his PSA birth certificate.

The family decided to have the entries on Mang Gerry’s birth certificate corrected in order to agree with all his identification cards and personal documents, including the birth certificates of his children where his name is also written as Gerardo Gonzales.

On the Philippine Statistics Authority (PSA) website, www.psa.gov.ph Mang Gerry’s problems on his first and last names are covered by two scenarios:

  1. First name used is different from the first name entered in the birth certificate.
  2. Last name is misspelled.

For both cases, Mang Gerry may file for petitions under R.A. 9048.

To change his first name from Geronimo (written on his birth certificate) to Gerardo (the name he is using), he needs to file a Petition for Change of First Name.  To support his petition, he needs to submit the following 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, voter’s affidavit, employment records, GSIS/SSS records, medical records, business records, driver’s license, insurance, land titles, certificate of land transfer, bank passbook.
  3. Notice / Certificate of Posting;
  4. Payment of P3,000 as filing fee.
  5. Other documents which may be required by the concerned civil registrar such as:
    • NBI/Police Clearance
    • Civil registry records of ascendants and other clearances as may be required by the concerned civil registry office
    • Proof of Publication

To correct his last name, from Gonzalez to Gonzales, Mang Gerry may file a petition for correction of clerical error under the provisions of R.A. 9048.  For this petition, he needs to submit the following 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, voter’s affidavit, employment record, GSIS/SSS record, medical record, business record, driver’s 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 filing fee.
  5. Other documents which may be required by the concerned civil registrar.

Source:

https://psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-0

https://psa.gov.ph/civilregistration/problems-and-solutions/first-name-used-different-first-name-entered-birth

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Single Mom

Illegitimate children are able to carry their father’s last name by virtue of an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF).  Should the parents decide to get married later on, the illegitimate children’s birth rights may also be changed from “illegitimate” to “legitimate” through the process of Legitimation Due to Subsequent Marriage (of parents).

In some cases though, the father exits the picture and the mother is left to take care of the children on her own.  This can go from bad to worse when the father ends up marrying a different woman, completely abandoning his responsibilities with his children from his previous relationship.

Such is the case of Patty, a single mother of 2 children, born 2 years apart.  She is a call center agent and is raising her kids with the help of her parents.  Her boyfriend, Alex, left her and their children before her youngest son was even one year old.  He said that he was leaving for the U.S. to work and promised to send financial support for the children’s needs and education.  A few months after he left, Alex told Patty that he needs to marry his high school classmate who is now a U.S. citizen in order for him to legally work in Florida.  “Marriage for convenience lang.”

Patty’s worst fears were confirmed when she received an email from Alex telling her that he and his wife will be migrating to New Zealand soon and he could no longer promise to send his regular support for their children.  A few months after that, Patty found out that Alex and his new wife were expecting their first child.  She was devastated.

Patty’s children carry Alex’s last name in all of their identifications, including their PSA birth certificates.  Now that Patty is left to raise both kids on her own, she would like for the children to drop their father’s last name and carry hers instead.  She would not allow for Alex to have the honor of giving his name to his children when he has now clearly abandoned them for his new family.

Question is, can Patty have Alex’s last name dropped from the children’s birth certificates?

Based on the Philippine Statistics Authority (PSA) website, www.psa.gov.ph, an illegitimate child has the right to carry his father’s last name for as long as the father duly acknowledged him by virtue of the following:

  • The father executed an Affidavit of Acknowledgement
  • The father presents a Private Handwritten Instrument (PHI)
  • The father acknowledged the child at the back of the birth certificate or in a separate public instrument.

With respect to any of the above conditions, the child’s birth certificate bears his father’s last name as his last name.  Although he is still considered “illegitimate” (since his parents were not married at the time of his birth), he is given the right to use his father’s last name.

Dropping or removing the father’s last name from the children’s birth certificate, even if their birth right is illegitimate, must go through a court order.  It is not considered a clerical error and therefore, changing the child’s last name cannot be done by simply filing a petition for clerical error.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/born-after-august-3-1988

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Change of First Name

Liezel is a 34-year-old mom who has been using two first names all her life.  All her documents and transactions show her first name as Maria Liezel: on her marriage contract, on her children’s birth certificate, her land titles, and tax declarations.  Even her bank accounts and driver’s license show her name as Maria Liezel.  However, on her PSA birth certificate, her first name is indicated only as Liezel. No Maria or Ma.

  1. Is this considered a clerical error?
  2. Does she need to have her name on her children’s birth certificates corrected to make it consistent with what is reflected on her birth certificate?

According to the Philippine Statistics Authority website (www.psa.gov.ph), such errors can be corrected under R.A. 10172 (Civil Registration Laws).  Liezel’s case is not considered as clerical error (the missing Liezel from her first name).  What she needs to do is have her name on her birth certificate changed from Liezel to Maria Liezel under R.A. 10172.

To process this, Liezel needs to do the following:

  • Submit a petition for change of first name.  This shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths.
  • The affidavit shall set forth facts necessary to establish the merits of the petition, showing affirmatively that the petitioner is competent to testify to the matters stated.
  • The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and / or the change sought to be made.
  • The petition shall be supported with the following documents:
    • A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;
    • At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
    • Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.
  • The petition for change of first name shall be published at least once a week for two consecutive weeks in a newspaper of general circulation.
  • Petitioner shall submit a certificate from the appropriate law enforcement, agencies that he has no pending case or no criminal record.
  • The fees to be collected for this type of petition shall be determined by the city or municipal civil registrar.  Indigent petitioners are exempted from paying the said fee.

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

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