Q. What is Republic Act 9048?
A. An act authorizing the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order.
Q. What corrections can be made by RA No. 9048?
A. Correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person.
Q. What are the conditions under RA 9048 that the petitioner needs to comply with?
A. 1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;
2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or,
3) The change will avoid confusion.
Q. Who may file the Petition?
A. Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.
Q. What is Republic Act No. 10172?
A. An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order Amending for this Purpose Republic Act Numbered Ninety Forty-Eight.
Q. What are the amendments made by RA No. 10172?
A. Before it was only clerical or typographical errors and change in the first name or nickname of a person which may be changed or corrected by a city or municipal civil registrar or consul general without a judicial order, RA 10172 now allows changes or corrections in the month and date of birth and sex of a person, even without the person petitioning the court.
Q. What is the definition of clerical error?
A. A “clerical or typographical error” refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records.
Q. What are the entries that are not covered by RA No. 10172 and which need a judicial order?
A. No correction must involve the change of; (1) Nationality; (2) Age, or (3) Status of the Petitioner
Laws to remember:
Art. 3 of the Civil Code of the Philippines-Ignorance of the Law excuses no one from compliance therewith.
Section 1, Article XI of the 1987 Constitution- Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.