What is RA 9048?
Republic Act No. 9049 (henceforth, “RA 9048”) is a law which allowed the changing of entries in the civil registry without the need for a judicial order: Provided, That it is limited to “clerical or typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of [RA 9048] and its implementing rules and regulations.” (Republic Act No. 9048, Section 1)
NB:
1) The “First name” – “refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names.” (Ibid, Section 2[6])
2) The “City or Municipal civil registrar” – “refers to the head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws.” (Ibid, Section 2[1])
What are considered clerical or typographical error?
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: Provided, however, That no correction must involve the change of nationality, age, or status of the petitioner.” (Ibid., Section 2[3], as amended by R.A. 10172)
NB: The “Civil Register” – “refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General.” (Ibid, Section 2[4])
Who may file the petition and where?
The petitioner may be “[a]ny person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register.” (Ibid., Section 3)
NB: The “Petitioner” – “refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register.” (Ibid, Section 2[2])
Where may the petition be filed?
The petitioner, in person, may file “a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.” (Ibid., Section 3)
What if the petitioner has already migrated to another country?
In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition. (Ibid., Paragraph 2, Section 3)
What about Filipino citizens residing or domiciled in foreign countries?
Filipino citizens “who are presently residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates.” (Ibid., Paragraph 3, Section 3)
The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations. (Ibid., Paragraph 4, Section 3)
How many times may a person make a petition?
A person may only of file one petition “for the clerical or typographical errors and/or change of first names or nicknames.” (Ibid., Paragraph 5, Section 3)
What are the grounds for change of first name or nickname?
The grounds for the change of first name or nickname are:
(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 by that first name or nickname in the community: or
(3) The change will avoid confusion. (Ibid., Section 4)
What are the form and contents of the petition?
The petition “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 and shall show 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.” (Ibid., Section 5)
What are the supporting documents for the petition?
The following are the supporting documents for the petition:
(1) 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;
(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and
(3) 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. (Ibid., Paragraph 2, Section 5)
May the petition cover change in the date of birth or sex of the person?
“No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except if the petition is accompanied by earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities; nor shall any entry involving change of gender corrected except if the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant. The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.” (Ibid., Paragraph 3, Section 5)
Is the petitioner required to submit a certification of no pending case or criminal record?
Yes. The petitioner is required “to submit a certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record.” (Ibid., Paragraph 4, Section 5)
How many copies shall be prepared?
Three (3) sets of copies should be prepared. “The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner. “(Ibid., Paragraph 5, Section 5)
NB: The “Civil registrar general” – “refers to the Administrator of the National Statistics Office which is the agency mandated to carry out and administer the provision of laws on civil registration.” (Ibid, Section 2[5])
What are the duties of the City/Municipal Civil Registrar or Consul General?
The duties of the City/Municipal Civil Registrar or the Consul General to whom the petition is presented are as follows:
1) To examine the petition and its supporting documents (Ibid., Section 6);
2) To post the petition in a conspicuous place provided for that purpose for ten (10) consecutive days after he finds the petition and its supporting documents sufficient in form and substance (Ibid.);
3) To act on the petition (Ibid., Paragraph 2, Section 6, as amended by R.A. 10172);
4) To render a decision not later than five (5) working days after the completion of the posting and/or publication requirement (Ibid.);
5) To transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar General within five (5) working days from the date of the decision (Ibid.); and
6) To notify the petitioner in case of action to impugn by the Civil Registrar General upon receipt of notice thereof from the latter (Ibid., Paragraph 2, Section 7)
What happens if the petition is denied?
In case the petition is denied, the petitioner may either: (a) appeal the decision to the civil registrar general; or (b) file the appropriate petition with the proper court. (Ibid., Paragraph 4, Section 7)
What are the duties and powers of the Civil Registrar General?
The duties and powers of the Civil Registrar General are as follows:
(1) To exercise the power to impugn a decision granting a decision within ten (10) working days from receipt thereof, by way of an objection based on the following grounds: (a) The error is not clerical or typographical; (b) The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil status of a person; or (c) The basis used in changing the first name or nickname of a person does not fall under Section 4 (Ibid., Section 7);
(2) To notify immediately the City/Municipal Civil Registrar or the Consul General of the action taken on the decision (Ibid.).
What happens if the Civil Registrar fails to exercise the power to impugn?
The decision by the City/Municipal Civil Registrar or of the Consul General shall become final and executory if the Civil Registrar fails to exercise his power to impugn the decision within the period prescribed herein. (Ibid., Paragraph 3, Section 7)
May the petition seek reconsideration of the impugn action of the Civil Registrar General?
Yes. “The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court.” (Ibid., Paragraph 3, Section 7)
Does RA 9048 have retroactive effect?
Yes. RA 9048 has retroactive effect “insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.” (Ibid., Section 11)
References
• Republic Act No. 9048, as amended
• FAQ on Republic Act No. 9048, Philippine Statistics Office Official Website (visited April 22, 2023) <https://psa.gov.ph/civilregistration/civil-registration-laws/faq-republic-act-no-9048>
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/Updated: April 23, 2023
