Tag Archive: birth certificate correction


05 - 29

The Philippines is the bastion of Christianity in Asia with over 93% of our population listed as Christians; we ranked 5th worldwide according to a 2011 report of the Philippine Daily Inquirer.  Filipinos take religiosity pretty seriously.  To us, it is not just some form of affiliation or membership, it is a legacy passed on to us, an identity we must protect and preserve at all costs.

And so it IS a big deal to have to find out that your religion, as written in your birth certificate, is anything but Catholic or Christian. 

Such was the case of Arabah Joy Quinto, a Roman Catholic by birth.  After receiving an Exchange Scholar grant from her high school, she immediately applied for a passport at the Department of Foreign Affairs (DFA).  She thought she had all the needed documents prepared until she was required to submit a certificate from the Office of Muslim Affairs (OMA)!  Apparently, her birth certificate shows that her parents are Muslims.  She insisted that her entire family has always been devout Roman Catholics, all of them baptized by the Catholic Church as supported by their birth certificates.  The DFA would have none of it; either she presents the required OMA or have the entries in her birth certificate corrected.

How to Correct a ‘Wrong Religion’?

There are two ways of rectifying incorrect entries in a birth certificate:

  1. Under RA No. 9048 or Clerical Error Law (as amended by RA 10172) if the matter involved correcting typographical errors in the First Name, Place of Birth, Day and month of Birth , or Gender.
  2. Through a petition in court if the correction is not covered by any of the above cases.

Correcting the entries in ‘Religion’ is not included in the errors covered by RA 9048 or 10172.

In this case, Arabah Joy needs to file a petition for Correction of Entry in the Regional Trial Court of the place where her birth was registered.  Once filed, the court shall set the case for a hearing, followed by publication of the correction in a local newspaper.

As soon as the petition is granted, the LCR of Arabah’s birth place will receive a certified copy of the court’s decision.  The LCR will be directed to apply the necessary annotations on Arabah’s birth certificate, so that the same shall now reflect her parents’ correct religion.

The first corrected copy of Arabah’s birth certificate may be requested from a PSA office while succeeding copies may be ordered online at www.psahelpline.ph

If you have questions about civil registration in the Philippines, please feel free to drop usa  line and we will do our best to find the answers for you.

Sources:

www.psa.gov.ph

www.gov.ph (The Family Code of the Philippines)

www.manilatimes.net

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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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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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Manila City Hall_15

Here are the requirements you need to prepare when filing for a correction on your maiden middle name after you have been married.

What to bring:

  1. 2 latest certified/local copies and 2 latest PSA (formerly NSO) birth certificate to be corrected.
  2. 2 latest certified copy of marriage contract of the document owner.
  3. 2 latest certified copies of PSA birth certificate of at least 2 children of the document owner.
  4. 2 copies of baptismal certificate of the document owner.
  5. 2 copies of school records (Elementary, High School, or College – form 137 or Transcript of Records).
  6. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  7. 2 latest original NBI Clearance (purpose: For Change of Name).
  8. 2 latest original PNP Clearance (purpose: For Change of Name).
  9. 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.
  10. Other documents which the LCR may consider relevant and necessary for the approval of the Petition, such as the following:
    • GSIS/SSS Records
    • Medical Records
    • Business Records
    • School Records
    • Insurance
    • Land Title
    • Bank Passbook

All marriage contracts, birth and death certificates to be submitted should be latest certified photocopies when issued in Manila.  If issued outside Manila, must be on Security Paper of PSA (formerly NSO).

Steps to Follow:

  1. Submit all requirements to RA 9048 receiving table for assessment and initial interview.  Please bring all original documents and ID (Table 1 & 2).
  2. Preparation of petition paper (Computer Table).
  3. Proceed to Room 214, City Legal’s Office, and have petition papers notarized.
  4. Pay at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • Certified True Copy Fee – P230
    • Transmittal Fee – P210
  5. Proceed to Table 3 for the receiving and filing of petition papers and all other documents.  You will be given a schedule for follow ups as well.

The Manila LCR does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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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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No Middle Name

When an illegitimate child is born, it is likely that he will be given his mother’s last name as his last name.  In which case, the middle name field on his certificate of live birth will be left blank.

There are two possible scenarios to be observed when correcting or supplying a middle name on an illegitimate child’s birth certificate:

a. If the child is acknowledged by the father.

To supply the omitted middle name on the child PSA birth certificate, a supplemental report should be filed.  The supplemental report may be filed by the owner of the birth certificate (if of age), his spouse, children, his parents, siblings, grandparents, guardians, or any other person duly authorized by law or by the owner of the birth certificate.

If the owner was born in the Philippines, he needs to file the supplemental report at the LCR office where his birth was registered.  If born abroad, he needs to file this at the Philippine Consulate of the country where he was born.  In case he is already permanently residing in the Philippines, he needs to provide supporting documents which shall then be forwarded to the Department of Foreign Affairs.

b. If the child is not acknowledged by the father.

If the child’s biological father fails to acknowledge the child, the middle name shall not be supplied anymore and the child shall carry his mother’s maiden last name as his last name.

On the other hand, legitimate children should always have a middle name indicated on their birth certificates.  In case this entry is missing, a supplemental report, containing the reason why the child’s middle name was omitted, must be filed at the LCR where the child’s birth was registered.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/no-middle-name

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Middle Name is Middle Initial

A comedy of errors.  That’s how Geraldine would describe the root cause of the problem she had with her birth certificate.  And she did not realize this until after she graduated from college and is now working on her papers to take the board exams for nurses.

Her full name is Geraldine Tee Garduque.  The name written on her PSA birth certificate is Geraldine T. Garduque.

How do you repair this mistake?

According to the website of the Philippine Statistics Authority (www.psa.gov.ph), this error can be corrected by filing a petition for correction of clerical error under the provisions of R.A. 9048.  This is the act that authorizes the Local Civil Registry office to apply corrections on typographical errors on civil registry documents without the need for a court order.

Who shall file:

  • Owner of the record
  • Owner’s spouse
  • Children
  • Parents and Siblings
  • Grandparents
  • Guardian
  • Other person duly authorized by law or by the owner of the document sought to be corrected;
  • If owner of the record is a minor or physically or mentally incapacitated, petition may be filed by his spouse, or any of his children, parents, siblings, grandparents, guardians, or persons duly authorized by law.

Where to file:

  • Petitioner must file at the LCR office where the birth was registered.  If he has transferred to a different location, the petition may also be filed at the LCR of his current city or municipality.
  • If owner of certificate was born abroad, the petition must be filed with the Philippine Consulate where the birth was reported.

Supporting Documents:

  • Certified machine copy of the birth record containing the entry to be corrected.
  • 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 records, medical records, business records, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI / Police Clearance, civil registry records of ascendants.
  • Notice / Certificate of Posting

Source: http://www.psa.gov.ph/civilregistration/problems-and-solutions/middle-initial-entered-birth-certificate-instead-full

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Middle Name Being Used Is Different

Pinoy parents are very fond of giving their children long names.  One name is simply not enough and as a result, kids end up with three, four, or even five “first names”.

Such is the case of Maria Angeline Antonia Licudine De Castro.  Her  parents coined the first two names from their names, the father is Mario (hence, Maria) and the mother is Angela (hence, Angeline).  The “Antonia” was added by her grandmother at the last minute, right before the Certificate of Live Birth was finalized and submitted to the office of the Local Civil Registrar (LCR).

When Mario and Angela requested for a copy of May’s (their child’s nickname) PSA birth certificate, two years after she was born, they were surprised to find out that her middle name is written as “Antonia” instead of “Licudine” which is Angela’s maiden last name.  They reviewed the document further and confirmed that both their names as parents are correct.  How come they placed “Antonia” as the child’s middle name?

They were advised by the school administration to inquire at the LCR where their child’s birth was registered and find out how they can have the error corrected.

Upon consulting with the LCR officer, they learned that such errors can be rectified under R.A. 9048 or the act that authorizes the city or municipal civil registrar to correct a clerical or typographical error on a birth certificate entry without the need of a judicial order.  Mario and Angela breathed a sigh of relief upon learning this; they submitted the necessary documents and are now waiting for the LCR’s advise as to when they can request for the first corrected copy of their child’s birth certificate.

Here’s what you need to do in case you have the same birth certificate problem as Mario and Angela:

Who Shall File:

  • Owner of the record
  • Owner’s spouse
  • Children
  • Parents
  • Siblings
  • Grandparents
  • Guardian
  • Other person duly authorized by law or by the owner of the document.

Where to File:

  • If born in the Philippines
    • Civil registry office where the birth certificate is registered.
    • In case the owner of the birth certificate no longer lives in the area where he was born, he may file the petition with the civil registry office where is currently residing.
  • If born abroad
    • Philippine Consulate office where the birth is reported.

Supporting Documents

  • Certified machine copy of the birth record containing the entry to be corrected.
  • 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, NBI/Police clearance, civil registry records of ascendants.
  • Notice / Certificate of Posting
  • Filing Fee: Php 1,000.  If filed abroad, filing fee is USD 50.00 or equivalent value in local currency.
  • Other documents that may be required by the concerned civil registrar.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/different-middle-name-entered-birth-certificate

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Misspelled Name of Bride or Groom

A marriage certificate is a vital civil registry document that attests to the union of a man and a woman. That is why it is important that the information written on the certificate are all accurate.

So what happens when you miss an entry or misspell a name in a marriage certificate?  Can these be corrected like how you correct an erroneous entry in a birth certificate?

Larps (short for Pilar) is a military nurse at a government hospital.  She plans to migrate to the U.S. as soon as she is granted a working visa.  When she met Steve, a U.S. Navy officer, they fell in love and decided to get married through civil rites in Quezon City.  After honeymooning in Boracay, Steve left for the U.S. and promised Larps that he will work on her petition papers as soon as he lands.

She began working on her documents, foremost of which is getting her passport renewed.  Steve reminded her to make sure she uses her married name on her passport from Maria Pilar T. Sorosa  to her married name of Maria Pilar S. Winters.

Larps requested for a copy of her PSA birth certificate and PSA marriage certificate as these were part of the documentary requirements for her passport renewal.  When she received the documents, she realized that the name appearing on her marriage certificate is slightly different from the name written on her birth certificate.

On her birth certificate, her name is written as Maria Pilar while on her marriage certificate, it is written as Ma. Pilar.  Right away, she knew this was going to be a concern especially since she will be presenting these documents at the U.S. Embassy.

How does a person have the information on her PSA marriage certificate corrected for errors?

These types of errors are covered by R.A. 9048 or the Clerical Error Law.  This law authorizes the LCR offices to apply corrections on birth and marriage certificate errors that are obviously due to typographical oversights.

Larps need only to file a petition for the correction of her name’s spelling on her marriage certificate, through R.A. 9048.  She needs to have it “corrected” so that her full name, Maria Pilar, as it is written on her birth certificate, appears on her marriage certificate.  Since they got married in Quezon City, she has to file the petition at the city hall of Quezon City.

Based on the Philippine Statistics Authority’s (PSA) website, the filing fee for such corrections is P1,000, while the wait time to get the corrected copy shall be determined by the LCR.

It is better to address these corrections at the onset than wait until you are almost done with the filing process before you act on it.  Simple clerical errors can now be handled by the LCR and the sooner you file for correction, the sooner you can get on with your transactions.

Source: http://www.census.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-name-bride-andor-groom

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False Information on Child's Birth Certificate

Another common birth certificate problem encountered by Filipinos are erroneous declarations on the details of their birth, particularly details involving the parents.  Some parents declare that they are married at the time of their child’s birth, when in reality, they are not.  What they probably do not realize is that these false information will eventually surface and cause a huge deal of confusion in their public transactions.

Other false information that may be written on a child’s certificate of live birth are:

  • Date and place of marriage
  • Parent’s age at the time of the child’s birth
  • Citizenship of parents

Such is the case of Rodel who grew up under the care of his single mom, Rebecca.  His father, Danny, left for the U.S. when Rodel was barely a year old and has not returned since.  They communicate only through mail and occasional phone calls.  Danny sends him money and regular basic supplies from the U.S. and because of his help, Rodel is able to attend good schools in Manila.

When Rodel was about to graduate from high school, Danny came home for a visit and after 16 years, father and son met for the very first time.  He offered to petition Rodel so he can study and work in the U.S.; Rebecca readily agreed to let her son go so he can pursue his studies abroad.

While they were in the process of completing the documents required to file the petition, Rodel learned that his parents did not have a valid marriage certificate.  Although his birth certificate shows that his parents got married on Valentine’s Day in 1999, no other documents could support this claim.  When he asked his mother about it, she admitted the following:

Rebecca and Danny separated before Rodel turned one because Danny’s parents did not approve of Rebecca.  They were also minors when they had Rodel and for that reason, they could not get married to make their union legal.  They kept their relationship a secret, including Rebecca’s pregnancy and Rodel’s birth.

Being minors then and under so much pressure, they thought it wise to declare on their child’s birth certificate that they are married.  They also faked the years of their births to make it appear that they are of age already.  Danny’s parents took him the U.S. to take him as far away from Rebecca as possible, not knowing that he already has a child with her.  While Danny was in the U.S., he and Rebecca decided to set their relationship aside and just focus on raising Rodel and providing for his needs.  Danny lived up to his commitment with Rebecca that he will provide for all of their son’s needs.  They remained friends ever since and both remained single until this time.

In reality, Rodel is an illegitimate child, born to parents who were not legally allowed to marry when he was born.

With everything out in the open, Danny, Rebecca, and Rodel decided to consult a lawyer for advice on what they need to do in order to get their son’s civil registry documents straightened out.

These types of cases are not solved by merely filing a petition for clerical error.  It is not covered by R.A. 10172 (Act authorizing the city or municipal Civil Registrar to correct clerical or typographical errors in the day and month in the date of birth or sex on birth certificates).

If you have a similar problem with your birth certificate, you may consult the office of the LCR where your birth was registered.  You also have the option to take the matter to a lawyer for legal advice.

Source:

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

https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-9048

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