Ra 9048

REPUBLIC ACT NO.
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
Authority to Correct Clerical or Typographical Error and Change of First Name or

Nickname (SEC. 1)
General Rule: No entry in a civil register shall be changed or corrected without a judicial
order
Exception: Clerical or typographical errors and change of first name or nickname 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 regulation.
Clerical or typographical error, defined (Sec. 2)

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 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,
status or sex of the petitioner.
Who may file the petition? (Sec. 3)

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.
Where to file? (Sec. 3)

The verified petition should be filed with the local civil registry office of the city or municipality
where the record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country:
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 local civil registrars concerned will
then communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries:
Filed with the nearest Philippine Consulates.
Note: All petitions for the clerical or typographical errors and/or change of first names or
nicknames may be availed of only once.
Grounds for Change of First Name or Nickname (Sec. 4)

(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 of the Petition (Sec. 5)

The petition shall be:
a. in the form of affidavit; and
b. subscribed and sworn to before any person authorized by the law to administer oath.
Contents of the Petition (Sec. 5)

The affidavit shall:
a. set forth facts necessary to establish the merits of the petition;
b. show affirmatively that the petitioner is competent to testify on the matters stated;
c. 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.
Duties of the City or Municipal Civil Registrar or the Consul General. (Sec. 6)
The city or municipal civil registrar or the consul general to whom the petition is presented
shall
1.) Examine the petition and its supporting documents;
2.) 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;
3.) Act on the petition and shall render a decision not later than five working days after the
completion of the posting and/or publication requirement;
4.) Transmit a copy of his decision together with the records of the proceedings to the Office
of the Civil Registrar General within five working days from the date of the decision.
Duties and Powers of the Civil Registrar General (Sec. 7)

The civil registrar general shall:
1.) Within ten (10) working days from receipt of the decision granting a petition, exercise the
power to impugn such decision by way of an objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) 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
(3) The basis used in changing the first name or nickname of a person does not fall under
Section 4.
2.) 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.
Remedies (Sec. 7)
The petitioner may seek reconsideration with the civil registrar general or file the appropriate
petition with the proper court.
Failure of the Civil Registrar General to exercise his power to impugn the decision of the city
or municipal civil registrar or consul general within the period prescribed by law: decision
shall become final and executory.
Petition is denied by the city or municipal registrar or consul general: Appeal to the Civil
Registrar General or an appropriate action in the proper court.
Penalty (Sec. 9)
A person who violates any of the provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than six (6) years but not more than twelve (12) years, or a fine of
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.
In addition, if the offender is a government official or employee he shall suffer the penalties
provided under civil service laws, rules and regulations.

Ra 9048

Uploaded by

Copyright:

Available Formats

Ra 9048

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Ra 9048

Uploaded by

Copyright:

Available Formats

REPUBLIC ACT NO.

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL

Authority to Correct Clerical or Typographical Error and Change of First Name or

Clerical or typographical error, defined (Sec. 2)

Who may file the petition? (Sec. 3)

Where to file? (Sec. 3)

Grounds for Change of First Name or Nickname (Sec. 4)

Form of the Petition (Sec. 5)

Contents of the Petition (Sec. 5)

Duties and Powers of the Civil Registrar General (Sec. 7)

You might also like