Change of Name Prov.
Change of Name Prov.
Change of Name Prov.
10172 Implementing
Rules and Regulations
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila
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”.
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 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 (C/MCR) or consul general in accordance with the
provisions of this Act and its implementing rules and regulations.”
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.
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.
3.1. For correction of entry on the day and/or month in the date of
birth:
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.
The petitioner affected by such error shall personally file the petition
with the civil registry office where the birth certificate is registered.
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.
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.
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.
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.
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 therein shall be uniform
in all cities and municipalities in the country, and in all Philippine
Consulates.
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.
This Order shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two newspapers of general circulation.
CARMELITA N. ERICTA
Civil Registrar General
SECTION 3. Who May File the Petition and Where. - 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.
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.
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.
All petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
SECTION 4. Grounds for Change of First Name or Nickname. - The petition
for change of first name or nickname may be allowed in any of the following
cases:
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.
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.
The petitioner may seek reconsideration with the civil registrar
general or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul general
within the period prescribed herein, such decision shall become final and
executory.
Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to the civil
registrar general or file the appropriate petition with the proper court.
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of
general circulation.
Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the
consul general to correct a clerical or typographical error in an entry and/or
change the first name or nickname in the civil register without need of a
judicial order.
RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines,
which prohibit the change of name or surname of a person, or any
correction or change of entry in a civil register without a judicial order.
change of a person's first name in his/her civil registry document under
certain grounds specified under the law through administrative process.
(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 first name or
nickname in the community; or,
A person is considered of legal age when he is eighteen years old and above.
Thus, a minor (less than eighteen years old) cannot by himself file a
petition, either for correction of clerical or typographical error or for
change of his first name.
Only the following persons are considered to have a direct and personal
interest in the correction of clerical error or change of first name:
Owner of the record that contains the error to be corrected or first name
to be changed
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.
The petition shall not be processed unless the petitioner supports it with the
required documents. The supporting documents should be authentic and
genuine, otherwise, the petition shall be denied or disapproved pursuant to
Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting
documents are admissible as basic requirements:
All the documents required of the petitioner for the correction of clerical
error shall also be required of the petitioner for change of first name.
Clearance from authorities such as clearance from employer, if
employed; the National Bureau of Investigation; the Philippine National
Police; and other clearances as may be required by the concerned C/MCR.
Proof of Publication. An affidavit of publication from the publisher and
copy of the newspaper clippings should be attached.
One thousand pesos (P1,000.00) for the correction of clerical error
Three thousand pesos (P3,000.00) for the change of first name
In the case of a petition filed with the Consul General (CG), the fees are the
same for all Philippine Consulates. The fees are the following:
Fifty U.S. dollars ($50.00) for the correction of clerical or typographical
error
One hundred fifty U.S. dollars ($150.00) for the change of first name
This service fee shall accrue to the local treasury of the PRCR.
The general rule is that petition shall be filed with the Local Civil Registry
Office (LCRO) where the record containing the clerical error to be corrected
or first name to be changed is kept. Included in this general rule is the case
of the Office of the Clerk of Shari'a Court where records of divorces,
revocations of divorces, conversions to Islam are kept and where some
Muslim marriages are registered.
Wrong Spelling
The wrongly spelled middle name in the birth certificate should be
corrected by filing a petition for correction of clerical error under the
provisions of Republic Act 9048.
Where to File
If born in the Philippines
o The petition shall be filed with the local civil registry office of
the city or municipality where the birth is registered.
o When the petitioner had already migrated to another place
within the Philippines and it would not be practical for such party to
appear in person with the civil registrar of the place of birth, the
petition may be filed with the civil registry office where he/she is
currently residing
If born abroad
o If born abroad, with the Philippine Consulate where the birth
was reported.
Supporting Documents
1. Certified machine copy of the birth record containing the entry to be
corrected;
2. Not less than two (2) private or public documents upon which the
correction shall be based like baptismal certificate, voters affidavit,
employment record, GSIS/SSS record, medical record, business record,
drivers license, insurance, land titles, certificate of land transfer, bank
passbook, NBI/police clearance, civil registry records of ascendants;
3. Notice/Certificate of Posting;
4. Payment of one thousand Pesos (P1,000.00) as filing fee.For petitions
filed abroad a fee of $50.00 or equivalent value in local currency shall
be collected;
5. Other documents which may be required by the concerned civil
registrar.