GUNIGUNDO LAW

R.A 9048
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 OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL
CODE OF THE PHILIPPINES

R.A 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 REPUBLIC ACT NUMBERED NINETY FORTY-
EIGHT
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.
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.

Who May File the Petition:

- 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.

Where to File the Petition:

- 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.

If the petitioner has already migrated to another place:

- 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.
Residing in another country:

- Citizens of the Philippines who are presently residing or domiciled in foreign countries may file
their petition, in person, with the nearest Philippine Consulates.

Grounds for Change of First Name or Nickname:

(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.

Form and Contents of the Petition

- In the form of an affidavit subscribed and sworn to before any person authorized by law to administer
oaths.

-The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected
and/or the change 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 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.

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 shall be published at least once a week for two (2) consecutive weeks in a newspaper of
general circulation.

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.

Duties of the City or Municipal Civil Registrar or the Consul General

- Examine the petition and its supporting documents.

- 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.

- The city or municipal civil registrar or the consul general shall act on the petition and shall render a
decision not later than five (5) working days after the completion of the posting and/or publication
requirement.

- He shall 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.

Duties and Powers of the Civil Registrar General

- The civil registrar general shall immediately notify the city or municipal civil registrar or the consul
general of the action taken on the decision. Upon receipt of the notice thereof, the city or municipal civil
registrar or the consul general shall notify the petitioner of such action.

Payment of Fees
- reasonable fees

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

Penalty Clause
- imprisonment of not less than six (6) years but not more than twelve (12) years

- OR not less than Ten thousand pesos (P10,000.00) but not more than One Hundred Thousand pesos
(P100,000.00), or both, at the discretion of the court.
Civil Register
Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the
civil register.
The following shall be entered in the civil register:
(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name.

Whose responsibility to send the copy of the decree of judicial orders to Civil Register?
- The Clerk of the court which issued the decree to ascertain whether the same has been
registered, and if this has not been done, to send a copy of said decree to the civil registry of
the city or municipality where the court is functioning.
The books making up the civil register and all documents relating thereto shall be considered
public documents and shall be prima facie evidence of the facts therein contained.
Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil
register, to any person suffering damage thereby.
Exemption:
- If civil registrar proves that he has taken every reasonable precaution to prevent the unlawful
alteration.

Art. 412. No entry in a civil register shall be changed or corrected, without a judicial order.
(amended by R.A 9048)

All other matters pertaining to the registration of civil status shall be governed by special
laws.