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Republic of the Philippines Congress of the Philippines Metro Manila

Fifteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

[REPUBLIC ACT NO. 10172]

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAROR THE CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICALERRORS IN THE DAY AND MONTH IN THE DATE OF BIRTH OR SEX OF APERSON APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL

ORDER, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED NINETYFORTY-EIGHT

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is herebyamended to read as follows:

SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Nameor Nickname. 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 andmonth in the date of birth or sex of a person where it is patently clear that there was a clerical ortypographical error or mistake in the entry, which can be corrected or changed by the concernedcity or municipal civil registrar or consul general in accordance with the provisions of this Actand its implementing rules and regulations.

SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to read as follows:

SEC. 2. Definition of Terms. As used in this Act, the following terms shall mean:

(1) xxx xxx

(2) xxx xxx

(3) Clerical or typographical error refers to a mistake committed in the performance of clericalwork in writing, copying, transcribing or typing an entry in the civil register that is harmless andinnocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day andmonth in the date of birth or the sex of the person or the like, which is visible to the eyes orobvious to the understanding, and can be corrected or changed only by reference to other existing

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record or records: Provided, however, That no correction must involve the change of nationality,age, or status of the petitioner.

SEC. 3. Section 5 of the Act is hereby amended to read as follows:

SEC. 5. Form and Contents of the Petition.

The petition for correction of a clerical ortypographical error, or for change of first name or nickname, as the case may be, shall be in theform of an affidavit, subscribed and sworn to before any person authorized by law to administeroaths. The affidavit shall set forth facts necessary to establish the merits of the petition and shallshow affirmatively that the petitioner is competent to testify to the matters stated. The petitionershall state the particular erroneous entry or entries, which are sought to be corrected and/or thechange sought to be made.

The petition shall be supported with the following documents:

(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 whichthe correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consulgeneral may consider relevant and necessary for the approval of the petition.

No petition for correction of erroneous entry concerning the date of birth or the sex of a personshall be entertained except if the petition is accompanied by earliest school record or earliestschool 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 gendercorrected except if the petition is accompanied by a certification issued by an accreditedgovernment physician attesting to the fact that the petitioner has not undergone sex change or sextransplant. The petition for change of first name or nickname, or for correction of erroneousentry 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 ofgeneral circulation.

Furthermore, the petitioner shall submit a certification from the appropriate law enforcements,agencies that he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed asfollows: 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.

SEC. 4. Section 8 of the Act is hereby amended to read as follows:

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SEC. 8. Payment of Fees. The city or municipal civil registrar or the consul general shall beauthorized to collect reasonable fees as a condition for accepting the petition. An indigent

petitioner shall be exempt from the payment of the said fee.

The fees collected by the city or municipal civil registrar or the consul general pursuant to this

Act shall accrue to the funds of the Local Civil Registry Office concerned or the Office of theConsul General for modernization of the office and hiring of new personnel and procurement ofsupplies, su bject to government accounting and auditing rules.

SEC. 5. Separability Clause. If any provision of this Act shall at any time be found to beunconstitutional or invalid, the remainder thereof not affected by such declaration shall remain infull force and effect.

SEC. 6. Repealing Clause. Any laws, decrees, rules or regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause.

This Act shall take effect fifteen (15) days after its publication inthe Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. Speaker of the Houseof Representatives

(Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 3113 and House Bill No. 4530 was finally passed by the Senate and the House of Representatives on May 30, 2012 and June 5, 2012,

respectively.

(Sgd.) MARILYN B. BARUA-YAP Secretary General

House of Representatives

(Sgd.) EMMA LIRIO-REYES Secretary of the Senate

Approved: AUG 15 2012

(Sgd.) BENIGNO S. AQUINO III President of the Philippines

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Republic Act No. 10172 ImplementingRules and Regulations

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL

National Statistics Office

Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF

REPUBLIC ACT NO. 10172 (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 Act

Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG)

hereby promulgates the following rules and regulations of Republic Act No. 10172 which was

approved on August 15, 2012 for the information, guidance and compliance of all concerned

parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the

OCRG to carry out and administer the provisions of Act No. 3753 otherwise known as the

Civil Registry Law.

This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing

Rules and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048. Section

1 of this Amendatory Law provides, No entry in a civil register shall be changed orcorrected 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

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(C/MCR) or consul general in accordance with the provisions of this Act and its

implementing rules and regulations.

IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including

the Consul General, are hereby authorized to correct clerical or typographical errors in the

day and month (date of birth) or sex of a person in the civil register for birth.

Rule 2. Definition of Terms

As used in these rules, the following terms shall mean:

2.1. 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 on the entry of day and month in the date of birth or the sex of the

person, 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 (refers to the

correction on the year of birth), or legitimacy status of the petitioner/document

owner.

2.2. Sex Refers to the biological and physiological characteristics that define men

and women.

2.3. Day and Month of Birth Refers to the entry in the month and/or day of birth of

the petitioner/document owner which is sought to be corrected.

2.4. Accredited Government Physician Refers to a licensed doctor of medicine who is

registered with the Professional Regulations Commission (PRC) and is employed in

any government hospitals, health institutions, or public health offices.

2.5. Medical Certification Refers to the certification issued by the accredited

government physician attesting to the fact that the petitioner/document owner has

not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

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Any person of legal age, having direct and personal interest in the correction of a

clerical or typographical error in the day and/or month in the date of birth of a person

in the civil register for birth, may file the petition.

A person is considered to have direct and personal interest when he is the owner of

the record, or the owner's spouse, children, parents, brothers, sisters, grandparents,

guardian, or any other person duly authorized by law or by the owner of the

document sought to be corrected; Provided; however, that when a person is a minor

or physically or mentally incapacitated, the petition may be filed on his/her behalf by

his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents,

guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition with the civilregistry office where the birth certificate is registered.

Rule 4. Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or

month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the

Philippine Consulate, as the case may be, where the birth record containing the day

and/or month in the date of birth to be corrected is registered.

When the petitioner has migrated to another place within the Philippines and it is not

practical for such party, in terms of transportation expenses, time and effort to appear

before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the

place where the petitioner is residing or domiciled.

Any person whose birth record was reported abroad and presently residing in the

Philippines, the petition may be filed with the C/MCR of the place of residence

following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine

Consulate, but who is presently residing or domiciled in a foreign country, may file the

petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

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The verified petition shall be filed, in person, with the C/MCR of the city or

municipality or the Philippine Consulate, as the case may be, where the record

containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5. Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be

observed.

Rule 6. Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be

observed. In addition, as supporting documents to the petition, the following shall be

submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;

6.3. Baptismal certificate and other documents issued by religious authorities;

6.4. A clearance or a certification that the owner of the document has no pending

administrative, civil or criminal case, or no criminal record, which shall be obtained

from the following:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police.

6.5. The petition for the correction of sex and day and/or month in the date of birth

shall include the affidavit of publication from the publisher and a copy of the

newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a medical

certification issued by an accredited government physician that the petitioner has not

undergone sex change or sex transplant.

Rule 7. Posting and publication of the petition.


observed.

Rule 8. Duties of the C/MCR

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observed.

In addition, the C/MCR shall issue a certification on the authenticity of the certification

issued by the accredited government physician certifying that the petitioner/document

owner has not undergone sex change or sex transplant.

Rule 9. Duties and powers of the CRG


observed.

Rule 10. Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three thousand pesos

(P3,000.00) for petition to correct the day and/or month in the date of birth or sex. Anindigent petitioner shall be exempt from paying the required payment, provided that the

petition is supported by a certification from the City/Municipal Social Welfare Office that the

petitioner/document owner is indigent.

In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars

($150.00) or its equivalent value in local currency for the correction of clerical or

typographical error is required.

In the case of a migrant petition, there shall be a service fee of one thousand pesos

(P1,000.00) to be collected by the PRCR.

When a petitioner/document owner files petition for correction of clerical error under R.A.

9048, simultaneously, with a petition for correction of clerical error under R.A. 10172, and

the same document is involved, the petitioner/document owner shall pay only the amount

of P3,000.00 corresponding to the fee under R.A. 10172.

All fees collected by the C/MCR or the consul general pursuant to this Law shall accrue to

the funds of the Local Civil Registry Office concerned or the Office of the Consul General for

modernization of the office and hiring of new personnel and procurement of supplies,subject to government accounting and auditing rules.

The local legislative body shall ratify the fees herein prescribed upon effectivity of this

Order. Prior to ratification by the local legislative body, all fees collected in connection with

this Order shall go to the LCRO trust fund, provided, however, that the fees prescribed

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therein shall be uniform in all cities and municipalities in the country, and in all Philippine

Consulates.

Rule 11. Retroactivity clause

This Order shall have retroactive effect insofar as it does not prejudice or impair vested or

acquired rights in accordance with the Civil Code and other laws.

Rule 12. Separability clause

If any portion or provision of this Order is declared void or unconstitutional, the remaining

portions or provisions thereof shall not be affected by such declaration.

Rule 13. Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof inconsistent with theprovisions of this Order are hereby repealed or modified accordingly.

Rule 14. Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in

at least two newspapers of general circulation.

Approved this 24th day of October 2012.

CARMELITA N. ERICTA

Civil Registrar General

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