Republic of the Philippines NATIONAL STATISTICS OFFICE Ft No 190R00069 MEMORANDUM CIRCULAR 2013-1 To All Regional Directors/Provincial Statistics Officers/OICs City/Municipal Civil Registrars/OICs SUBJECT : Guidelines in the Processing of Petitions for 1 DATE January 16, 2013 The following guidelines contain specific instructions on how to implement Administrative Order No. 1, series of 2012 otherwise known as the Rules and Regulations Governing the Implementation of R.A. 10172 which took effect on November 22, 2012. The guidelines supplement the Manual of Instructions of R.A. 9048, particularly on related cases which may fall either under R.A. 9048 or RA. 10172. ’ COVERAGE These guidelines shall cover correction of clerical or typographical errors in the birth certificate specifically errors in the day and/or month in the date of birth and sex. ‘A. CORRECTION IN THE ENTRY IN THE DAY AND/OR MONTH IN THE DATE OF BIRTH A.1, For the correction of errors in the day and/or month in the date of birth in the birth cortificate other than impossible dates, the petition can be filed under R.A. 10172. Case 1.1. Error in the day of birth Example: Jesus Torres was born in a hospital on August 19, 1974. He used the same date in his school and employment records. When he applied for a birth certificate, as required by the DFA for passport application, the date of birth as shown in the birth certificate was August 20, 1974, | census ieee Selina Rida 1 R Mancaveay Ret Sta Macs Mania ‘018* The erroneous date of birth of Mr. Torres can be corrected through R.A. 10172. Case 1.2. Error in the month of birth A2. Example: Maria Perdido used January 26, 1988 as the date of birth since childhood days. She was baptized on February 1, 1988. When she requested for a copy of her birth certificate, she found out that the date of birth was recorded as “February 26, 1988”, Based on the evidence presented by Ms. Perdido, the correct date of birth is January 26, 1988 and not February 26, 1988. The erroneous month of birth of Ms. Perdido can be corrected through RA. 10172, For errors in entering the date of birth in the day and/or month involving cases under R.A. 9048 and R.A. 10172, the petition can be filed in one petition only through R.A. 10172. There shall be only one filing fee amounting to P3000.00 to cover all corrections. Case 1.3. Error in entering the date of birth Example 1 Gerardo Basco Matienzo was bom on February 11, 1997. In accordance with the order of writing the date in the birth certificate, the “day’, should be entered first, followed by “month” and the last, "year’. The month should be spelled out and not be represented by numerical symbol, like “February’, and not *2". The typist however, entered the date of birth of this child as “11-2-97" which could be interpreted as "November 2, 1997” or “February 11, 1997". To avoid confusion, in this case, the concemed party may file a petition for the correction of the date of birth. It is a case of clerical error within the meaning of R.A. No. 9048. Example 2: Megan Ricafort was born on August 11, 1960. However, what was entered in the birth certificate was “8” under the month, “12” under the day and "60" under the year. The rarantinn in tha manth ja fenm "8" in “Aunuel® nan he dana* A.3.* In case of no entry in the day and/or month of birth in the date of birth, it is considered as incomplete date of birth and can be corrected by filing a petition through R.A. 10172. Example 1: Allan Soriano was bom on March 29, 1972. However, in the NSO copy, the entry appeared as “March 1972" only. In the LCRO copy, the date of birth appeared as “March 29, 1972". The day of birth in the NSO copy can be corrected through R.A. 10172 Example 2: Janet Bartolome was bon on May 15, 1987. However, in the LCRO copy, the date of birth appeared as "May 1987". In the NSO copy, the date of birth appeared as "May 15, 1987". The day of bith in the LCRO copy can be corrected through R.A. 10172 Example 3: Paulina Acuin was bom on October 31, 1973. Both in the NSO and LCRO copies, the date of birth appeared as October 1973. The day of birth in both copies can be corrected through R.A. 10172. 4, The corrections in the error in the year of birth as well as no entry in the year of birth in the birth certificate are not covered under R.A. 10172. Example 1 Andrew Reyes has been using October 1, 2005 as his date of birth as indicated in all available records such as the medical and baptismal certificates, When his mother requested for a copy of his birth certificate as required in school, the date of birth appearing in the birth certificate is October 1, 2008. ‘The error in the year of birth of Andrew Reyes is not considered as clerical error under R.A. 10172. The year of birth should be corrected by filing @ petition for correction of entry in the proper court. Example 2: ‘Sandy Acosta was born on January 5, 1951. In the NSO and LCRO copies, the date of birth appeared as “January 5°. In the birth register, the date of birth appeared as “January 5, 1951". The errors in the year of birth should ha anerariad hu Flinn 2 natitinn far earractinn thenuinh tha nmner‘The wrong entry can be corrected by filing a petition for correction of Clerical error (CCE) under R.A. 9048. FILING AND PROCESSING OF PETITION A. Form of the Petition The petition for correction of the day and/or month in the date of birth and for the entry in the item for sex shall be in the prescribed form for correction of clerical errors (CCE). The same CCE petition form shall be used in case the petition covers those under R.A. 9048 and R.A. 10172. For petitions involving change of first name (CFN) and CCE under R.A. 10172 in the same birth certificate, prepare separate petition forms using the corresponding CFN and CCE forms (see Annex ‘A. B. Assignment of Petition Number The assignment of petition number shall follow the same procedure under R.A. 9048. For monitoring purposes, indicate R.A. 10172 after the petition number. Example 4 The City Civil Registrar (CCR) received a petition for correction in the day and month of the date of birth on January 2, 2013. This is the first petition received for the year under R.A. 10172. However, the CCR has received and processed two (2) petitions for CCE and one (1) petition for CFN under R.A. 9048 on the same day. The assignment of the petition numbers shall be as follows: * For the first CCE petition, the petition number is “CCE-0001-2013". + Ene tha senand CCE nation, the natition piimhar iat oCAS. * In cases involving erroneous, impossible, unreasonable and misleading dates of birth, R.A. 9048 shall apply. Example: Joseph Andrada was born on December 15, 1955. In his birth Certificate the date of birth appeared as “December 15, 195". The error in the year of birth can be corrected through R.A, 9048. B. CORRECTION IN THE ENTRY OF SEX Ba. B2. B3. B4 BS The petition for the correction in the entry of sex shall be filed personally with the LCRO/Philippine Consulate where the record sought to be corrected is recorded. Ifthe document owner 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 children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law. However, appearance of the document owner ‘shall be required. No petition for correction of sex can be filed for deceased persons under R.A. 10172. The case may be filed in the proper court. For cases involving wrong entry indicated in the item for sex such as a female child marked as “male”, or a male child marked as “female”, the petition can be filed through R.A. 10172. Example: Loreto Chua Laxamana is a female. However, the entry indicated in her birth certificate for sex was "male". The error in the entry for sex in the birth certificate of Loreto Chua Laxamana can be corrected through R.A. 40172. For cases involving change of first name and correction of entry in the item for sex in the same document, the petition for change of first name shall be filed separately. However, there shall be only one filing fee amounting to P3,000.00 to cover both petitions.Be BT Bs. BS. The two petitions shall be filed separately using CFN under R.A. 9048 and CCE under R.A. 10172. The petitioner shall pay only the amount of 3,000.00 to the LCRO. For cases involving correction of name, day of birth and sex, the petition for the correction of all these errors shall be filed through R.A. 10172. There shall be only one filing fee amounting to P3,000.00 to cover all corrections. Example 41 Marlene Santiago, a female, was bor on February 28, 1981 However, in her birth certificate her name was spelled as “Marlyn” and the date of birth was “February 29, 1981", and the entry for sex was indicated as “male”. The correction of the spelling of her name from “Marlyn” to “Marlene” and the day of birth can be done through R.A. 9048 since February 29, 1981 is an impossible date. The correction of the wrong entry on sex in the birth certificate can be done through R.A. 10172. However, all corrections can be filed under one petitioner and the petitions shall pay only P3,000.00. Example 2: In the birth certificate of Rosario Cruz, the entry for sex is "boy" instead of “female”. This error can be corrected by filing a petition for correction of clerical error under R.A. 10172. For cases involving change of entry in sex in the birth certificate of those who underwent sex change operation or similar procedure, R.A. 10172 shall not apply. In case of no entry in the item for sex or neither “male” nor “female” was marked “x”, or both “male” and “female” were marked “x”, the cases are considered as omitted information and can be corrected by filing an application for supplemental report, thus R.A. 10172 shall not apply. In cases where the entry in the sex is other than male or female, the wrong entry can be corrected through R.A. 9048. Example 1. Entry in sex is “boy” instead of “male”9." Other'documents which the petitioner or the C/MCR, or the CG may consider relevant and necessary for the approval of the petition ANNOTATION ON THE AFFECTED DOCUMENTS Whenever a petition for correction of day and/or month in the date of birth or sex is ‘approved by the C/MCR, and such approval was affirmed by the CRG, the concerned CIMCR shall annotate the affected birth certificate and the corresponding entry of the registry book. In making the annotation, the following facts should be clearly stated: 1, The approved correction 2. OCRG number 3. Date when the petition was approved by the CIMCR Example 1: Day and/or month in the date of birth “Pursuant to the decision rendered by C/MCR dated and affirmed by the CRG under OCRG No. om child's date of birth is hereby corrected from "pursuant to R.A. No. 10172.” (Signature over printed name of the C/MCR) Example 2: Simultaneous processing of CCE for first name under R.A. 9048 and CCE under R.A. 10172 are filed under one petition. “Pursuant to the decision rendered by C/MCR and affirmed by the CRG under OCRG No. the child's first name is hereby corrected from "and the child's sex from * : pursuant to R.A. 9048/R.A. No. 10172." (Signature over printed name of the C/MCR)Example 2 In the above case, a fourth petition was received for CCE of the ‘spelling of the last name of the child from ‘Crus’ to “Cruz” and CCE on the day of birth from "June 5° to “June 6" in the same birth certificate. The petition shall be assigned with this petition number: “CCE-0004-2013 R.A. 10172". PUBLICATION OF PETITION UNDER R.A. 10172 The patton shall be published at least once a week for two consecutive weeks in a newspaper of general and national circulation, There shall only be one publication for simultaneous pettions ie, CFN for R.A. 9048 and CCE for R.A. 10172 using the prescribed form (see Annex ‘8’, ‘SUPPORTING DOCUMENTS Cerified true copy of the birth certificate or certified transcription or the certified tue copy of the page of the registry book containing the entry or entries sought to be corrected. Both the NSO copy and LCRO copy shall be submitted to determine consistency of entries in both copies nN Earliest school record or earliest school documents. In case where the petitioneridocument owner never entered school, an affidavit attesting to the facts shall be submitted. Medical records, In case where the petitionerdocument owner has no medical records, an affidavit attesting to the facts shall be submitted. Baptismal certificate and other documents issued by religious authorities. In case where the petitioneridocument owner has no baptismal certificate or similar documents, an affidavit attesting to the facts shall be submitted Clearance or a cettfcation that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained“Those with criminal records or those with pending administrative, civil or criminal cases are prohibited from fiing a petition under R.A. 10172 for the correction cn the day and/or month in the date of birth as well as correction in the entry for sex in the bith certificates. In case the petition is fled on behalf of another person, the clearances to be submitted shall not be for the petitioner but for the person being represented by the petitioner. If the person represented is a minor (under 18 years old), such clearances shall be complied with, ony if required by the C/MCR. ifn case, the petitioner atthe time of fling of the petition is not employed, an Affidavit of Non-Employment shall be submitted Notice or Certification of Posting The petition shall be posted by the concemed C/MCR in a conspicuous place for ten (10) consecutive days after helshe finds the petition and its supporting papers sufficient in form and substance. In the case of migrant petition, the petition shall be posted first at the office of the PRCR for ten (10) consecutive days before sending it to the RKCR. Upon receipt, the RKCR shall post again the petition in hisiher office for another ten (10) consecutive days, Proof of Publication The petition for correction of entry on the day and/or month in the date of birth and sex shall be published in a newspaper of general circulation at least once a week for two consecutive weeks, Failure fo publish the petition shall mean denial or disapproval of the petition. As proof ofthe publication, the petitioner shall be required to submit the folowing: 7.4 Copy of the newspaper clipping ofthe published petition; 7.2 Affidavit of publication from the publisher. Medical Certification issued by an accredited government physician (see Annex °C’) In the case ‘of correction of sex, the petition shall be supported with a certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant. In addition, the C/MCR shall issue a certification of authenticity of the medical certification issued by the accredited govemment physician, In case @ person applying for correction of sex is bor abroad, the applicantidocument owner shall present @ medical certification issued by anExample 3: Sex “Pursuant to the decision rendered by C/MCR dated. ‘and affirmed by the CRG under ORG No. The Chis sox is hereby corrected from *__" to pursuant to R.A. No. 10172." (Signature over printed name of the C/MCR) ‘THIS MEMORANDUM CIRCULAR SHALL TAKE EFFECT IMMEDIATELY. For your compliance, canta SEES cee