‍

Do you need to have your birth certificate corrected because of a spelling error in your name? If it is clear that the error or mistake in the entry of your birth certificate is clerical or typographical, the same can be corrected without going to court.

‍

Republic Act No. 9048, as amended by Republic Act No. 19172 provides that no entry in a civil register shall be changed or corrected without a judicial order, except for 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 this Act and its implementing rules and regulations.

‍

What can be changed?

‍

Thus, the first name or nickname, the day and month in the date of birth, or sex of a person found in a birth certificate or in a civil register can be changed or corrected without a judicial order. But the clerical or typographical error or mistake in the entry must be obviously clear. However, no correction must involve the change of nationality, age, or status of the petitioner.

‍

What is a 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.

‍

Who can file for the petition? Where do they file?

‍

Any 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 may file, in person, 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.

‍

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on concerns regarding the change of entry in a birth certificate, consult with a legal professional.

‍

Padin & Partners Law Offices is a full-service law firm that provides assistance in matters concerning civil registration and change of name. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.

‍