The Manila City Hall Series: How to File for Correction of Birth date (day and month only) Under RA 10172 Part 7 of 16

An incorrect birth day on your birth certificate will cause confusion on your age.  Just like any other clerical error on your civil registry document, this must be addressed as soon as possible.

The City of Manila published the following article to help applicants prepare for the required documents and fees in advance.  Please note that some of the requirements and fees may vary depending on the city or municipality where you will be applying for the correction.

Mandatory Requirements:

(a). One (1) latest certified machine copy and one (1) photocopy of the birth certificate to be corrected issued by the Manila Civil Registrar.

(b). One (1) latest NSO copy and one (1) photocopy of the birth certificate to be corrected.

(c). One (1) original and one (1) photocopy of the following documents:

• Elementary school records (Form 137/school certification). In case the petitioner/document owner never entered school, an affidavit attesting to this fact shall be submitted.
• Medical records issued by the hospital or clinic where the certificate owner was born. In case the hospital or clinic is no longer operating, the petitioner must submit an affidavit attesting to this fact.
• Baptismal certificate and other documents issued by religious authorities. In case where the petitioner/document owner has no baptismal certificate or similar documents, an affidavit attesting to this fact shall be submitted.
• If the petitioner/document owner is employed, submit a certificate of employment, indicating that the same does not have pending administrative cases with the company.
• Affidavit of non-employment indicating that the document owner has no pending civil or criminal case or criminal records, if not employed at the time the petition was filed.
• Affidavit of self-employment indicating that the document owner has no pending civil criminal case or no criminal record, if self-employed at the time the petition was filed.
• Certification issued by the Office of the Dean of Student Affairs, if the document owner is a college student.
• Certification issued by the Guidance Counselor, if the document owner is in Elementary or High School.
• NBI and POLICE CLEARANCE – purpose indicated must be for the correction of the day and month on the date of birth in the birth certificate. If document owner is 0 to 7 years old, this requirement is waived.
• For married petitioners – Latest PSA (formerly NSO) copy of marriage certificate issued by the local civil registrar.
• Documents that will show proof of the correction being sought such as Service Records, GSIS or SSS Records, Insurance Certificates and Income Tax Returns.
• Two (2) photocopies of valid ID of the petitioner and the document owner and one (1) copy of latest community tax certificate from the place of work or residence.
• Special Power of Attorney (SPA), if the document owner is abroad or physically or mentally incapacitated.  He or she can be represented by a lawyer or his or her nearest relative up to the third degree of consanguinity.

Process and Fees:

(a). After completing all required documents, proceed to the information counter of the Manila City Hall and secure a number for pre-interview.  Please make sure to bring the original copies of the documents for validation.  Only the applicants with complete requirements will be entertained for pre-interview.

(b). Publication of the petition for two (2) consecutive weeks in a newspaper of general and national circulation (list of newspapers will be provided during the final interview).

(c). Steps to follow will also be provided during the final interview.

(d). Processing of the petition takes four (4) months and will begin on the date the petition was received by the Manila City Hall.

(e). Registration fee : Php 3,000

(f). Certified Photocopy : Php 230.00 for single petition, Php 350.00 for double petition

(g). Transmittal Fee : Php 210.00 for single petition, Php 330.00 for double petition

Note that the fees for the notarization and publication are not included in the above.

The Manila City Hall does not conduct interviews during Fridays.

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

Problems with NSO Birth Certificate: Wrong Year of Birth

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