Tag Archive: How To Correct Wrong NSO Birth Certificate Detail Errors


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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Manila City Hall_14

In a previous post, we discussed the requirements and processes involved when changing the first name of a birth certificate owner who is already married.  Today’s post is about filing a petition for the change of first name of an unmarried individual at the Manila City Hall.

What to bring:

(a). 2 latest certified/local  copies and 2 latest PSA (formerly NSO) copies of birth certificate to be corrected.

(b). 2 copies of baptismal certificate.

(c). 2 copies of school records (Elementary and High School either F-137/138 or certification) or College TOR.

(d). 2 certified copies of Voter’s Registration record/voter’s affidavit (COMELEC).

(e). 2 copies of Certificate of No Administrative case from employer (for employed document owners).

(f). 2 copies of Affidavit of Non-employment (for unemployed document owners).  Indicate the following on the document: “For change of Name and No Pending Administrative/Criminal case”.

(h). 2 photocopies of certificate of business registration.

(i). 2 copies of latest original NBI Clearance.  Indicate purpose as: For Change of Name.

(j). 2 copies of latest original PNP Clearance.  Indicate purpose as: For Change of Name.

(k). 2 copies of valid ID of petitioner and document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.

(l). Other documents which the Office may consider relevant and necessary for the approval of the petition such as:

  • GSIS/SSS Records
  • Diploma (Elementary, High School, or College/Vocational)
  • Medical Records
  • Business Records
  • Service Records
  • Insurance
  • Certificate of Land Title
  • Passbook

(m). SPA (Special Power of Attorney).  If the petitioner is abroad or sick, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Reminders:

  1. All civil documents (Birth, Marriage, and Death) to be submitted should be the latest certified local copies or on Security Paper (SECPA) of the Philippine Statistics Authority (PSA).
  2. After the compliance of the requirements, please proceed to the information counter and get a number for pre-interview and bring the original copies of the supporting documents (Personal Records).  Please be reminded that only applicants with complete requirements will be entertained for pre-interview.
  3. Publication of the petition for two (2) consecutive weeks in a newspaper of general and national circulation (list of newspapers and the rest of the procedures will be provided during the final interview).
  4. Processing of petition is four (4) months and will commence on the date the petition was received by the Manila City Hall.
  5. Fees are as follows:
    1. Registration Fees – P3,000 (Certified Photocopy)
    2. Single Petition – P230
    3. Double Petition – P330
    4. Additional Payment – P30 for documents with supplemental reports

Payments for publication and notary of the petition are not included.  The Manila City Hall does not conduct interviews during Fridays.

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

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A misspelled first name on your birth certificate can be detrimental to important transactions like applying for a passport or claiming an inheritance.  If you have a couple of letters missing or added to your first name, have it corrected as soon as you can.

Here are the list of requirements and steps to follow when filing a petition for correction of a misspelled first name for single individuals (not married):

Requirements:

  1. 2 copies of PSA birth certificate (formerly NSO) to be corrected.
  2. 2 copies of baptismal certificate.
  3. 2 copies of school records (Elementary and High School either F-137/138 or Certification or College (Transcript of Records).
  4. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  5. 2 latest original NBI Clearance (purpose: For Change of Name)
  6. 2 latest original PNP Clearance (purpose: For Change of Name)
  7. 2 copies of valid IDs of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.
  8. Other documents which the Office may consider relevant and necessary for the approval of the Petition (GSIS/SSS Records, school diploma, medical records, business records, school records, service records, insurance, certificate of land title, passbook, etc.)
  9. SPA (Special Power of Attorney), if the petitioner is not the document owner (ex. auntie, uncle, godparents, client, friend, colleague, etc.)

Reminders and Fees:

  1. All civil documents (birth, marriage, and death) to be submitted should be the latest certified local copy when issued in Manila.  If issued outside Manila, present the PSA birth certificate (on PSA Security Paper).
  2. Submit all requirements to R.A. 9048 receiving table for assessment and initial interview.  Please bring all original documents and IDs and proceed to Table 1.
  3. Proceed to the Computer Table for the preparation of Petition Paper.
  4. Line up for the final interview.  The city hall follows a first-come, first-served policy for interviews.
  5. Proceed to Room 214 (City Legal’s Office) to have the petition notarized.
  6. Pay the following fees at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • True Copy Fee – P230
    • Transmittal Fee – P210
  7. Receiving and filing of petition paper and all documents.  You may also secure a schedule for follow-ups at Table 3.

The City Hall of Manila does not conduct interviews during Fridays.

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

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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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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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Incorrect Date of Marriage

What are the consequences of wrong information on official documents such a child’s certificate of live birth?  How can these be corrected?

Dindo and Karen were childhood sweethearts who got separated while they were attending college in different provinces.  When they began working in Manila, their paths crossed again and this time, Dindo did not waste time and asked for Karen’s hand in marriage.  They got married in civil rites and in about five months, announced that they were expecting their first child.

One year into their marriage, Karen gave birth to a healthy baby girl.  Dindo accomplished the certificate of live birth at the hospital, wrote down all the details needed including the date of their marriage the year before that.

In 2014, their daughter turned six years old, ready to begin pre-school.  Both parents were excited to enroll her at the neighborhood Montessori.  Karen was given a list of required documents for submission and foremost were copies of the child’s PSA birth certificate and the couple’s PSA marriage certificate.  Karen ordered for copies of the said documents and was oddly surprised to find out that the PSA does not have a record of their civil wedding.

They did not bother to check with the solemnizing officer who married them six years ago.  Instead, they got married again and this time, made sure that their papers were duly submitted to the PSA for proper certification.  Before the year ended, they got hold of a copy of their PSA-certified marriage certificate.  At last, they can enroll their daughter to school!

Or so they thought.  The headmistress of the school pointed out that the date of their marriage on their child’s birth certificate does not agree with the date on their marriage certificate.  And although they are not refusing the child’s enrollment, the couple needs to submit the correct copies of their documents before the school year ends.

So what should Karen and Dindo do in order to get their family’s civil registry documents corrected and aligned?

As in any other case of Negative Certification (issued by the PSA if your requested civil registry document does not appear in their files), Karen and Dindo need to check with the solemnizing officer who married them six years ago and find out if he had submitted their documents to the LCR of that city / municipality.  If he did, they need to check with the LCR if they have the copy and request that the LCR endorse a copy to the PSA for the necessary certification.

But how about their subsequent marriage?  Will this have an effect on the integrity of their existing civil registry documents?

The details of the couple’s first marriage, after LCR has endorsed the documents to the PSA for proper certification, shall be followed in all of their other documents, including their child’s birth certificate.  Their second marriage is considered a “renewal of vows” but its details (date, place) shall not supersede the details of their first marriage.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/negative-result-or-no-record-nso

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Wrong Birth Year

A PSA Birth Certificate (formerly NSO Birth Certificate) bearing an incorrect birth date and month of the owner can be corrected under R.A. 9048 (also known as the Clerical Error Law).  But what if it is the birth year that needs correction?  Is this still covered by R.A. 9048?  Let us find out.

Gelay was born on December 15, 2015 in Calapan City, Mindoro.  On the same date, at 8PM, Typhoon Melor struck the province and immediately rendered the entire town paralyzed with floodwaters and strong winds.  Her mother gave birth at home for fear of getting stranded on her way to the hospital.

It took weeks before their area was cleared.  Gelay’s parents were able to take her to the clinic for a check-up three weeks after she was born.  And although the health workers reminded them to get Gelay registered at the city hall as soon as possible, other more pressing concerns brought by the typhoon kept both parents busy.

On February 2016, Gelay’s Lola came to visit and immediately took on the task of taking care of the baby.  She asked if Gelay has been registered yet and if a copy of her birth certificate is already available.  Only then did Gelay’s parents realize that they still have not accomplished their daughter’s birth registration!

The Lola volunteered to process the registration herself.  She supplied all the information needed on the certificate however, she failed to double check on her granddaughter’s date of birth.  Instead of December 15, 2015, the Lola wrote January 15, 2016.

When her parents requested for a copy of Gelay’s PSA birth certificate, they realized that the birth date and year reflected arewrong.  When they consulted a friend who works at the Local Civil Registry office, they were advised that Gelay’s case is not covered by R.A. 9048 or the Clerical Error Law.  Therefore, correcting the birth date, month, and year is not going to be a simple task (at least not as simple as correcting a misspelled name or incorrect birth month and date).

Although Gelay’s birthday, as reflected on her PSA Birth Certificate, is only a month short from her true and correct date of birth, her parents still need to file a case in court to have this corrected.  This is because the year of her birth needs to be corrected too.

Persons seeking to have this kind of error corrected need to consult a lawyer to find out what processes are involved and fees that need to be paid.  Make sure that you are transacting with a person who is legally empowered to give you advice and charge you fees to get the corrections duly applied on your birth certificate.

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

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Wrong Gender

How do you correct a person’s gender in his NSO Birth Certificate (now PSA Birth Certificate)?  If he is male but his birth certificate shows him as “female”, can he have his birth certificate updated to show his correct gender?

If your birth certificate shows an incorrect gender, it is considered a clerical error and therefore, can be rectified by filing a petition for clerical or typographical error.  This can be done at the Local Civil Registry (LCR) office of the city or municipality where the birth was registered.

Here is what you need to do:

  1. Petition shall be in the form of an affidavit, subscribed and sworn to before an authorized notary public (someone authorized by law to administer oaths, particular erroneous entries that need to be corrected).
  2. The petition must be supported by the following:
    • A certified true machine copy of the certificate of the page of the registry book containing the entry sought to be corrected;
    • At least two public or private documents showing the correct entry upon which the correction or change shall be based;
    • Other documents that may be required by the LCR.
  3. Other documents that the petitioner needs to attach are:
    • Earliest school records
    • Medical records
    • Baptismal certificate
    • Medical certificate issued by an accredited government physician to prove that you have not undergone sex change or sex transplant.
  4. Expect additional document requirements as may be found necessary.

In the event that the petition is granted, the decision shall be forwarded to the PSA and the proper annotation on your birth certificate shall be applied.

Source: http://www.manilatimes.net/gender-error-in-birth-certificate/86168/

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