As a general rule, no entry in the civil register shall be changed or corrected without a judicial order.

Hence, the
usual process for correcting errors in the birth certificate is to file a petition in court. Fortunately, Republic Act No.
9048, as recently amended by Republic Act No. 10172, allowed the administrative correction of certain entries with
the Civil Register, including entries in the birth certificate.
At present, one can file a petition for correction of clerical or typographical errors in the first name, nickname, place
of birth, day and month of birth or sex of a person. The petition is generally filed with the Local Civil Registry
Office (LCRO) where the record containing the clerical error sought to be corrected is kept. However, if the
residence or domicile of the petitioner is different from where the civil registry records are registered, said petitioner
may file the petition in the nearest LCRO in his area. For those staying outside of the Philippines, the petition may
be filed with the Consul General of the Philippine Embassy in such foreign country.
A petition to change ones first name or nickname cannot be based on any ground. It will be only allowed in any of
the following cases:
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.
The petition for correction of first name, nickname, day and month of birth and gender shall be in the form of a
notarized affidavit which should set forth facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters stated. It must be supported by 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
3. Notice and Certificate of Posting
4. Certified machine copy the Official Receipt of the filing fee
5. Certification form law enforcement agencies that the petitioner has no pending case or criminal record.
6. Other documents as may be required by the LCRO.

For a petition to correct day or month of birth or gender, additional documents must be submitted such as the earliest
school record or documents such as medical records, baptismal certificate and other documents issued by religious
authorities. For correction of entry of sex of the person, the petition must be further accompanied by a certification
from an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex
transplant. This is in view of the fact that a petition for correction of gender can only be based on mistake or clerical
error. A man who has undergone surgery to change his reproductive organ to that of a female cannot correct the
entry of his gender in the birth certificate to female.
Pertinently, the petition must be published at least once a week for two (2) consecutive weeks in a newspaper of
general circulation.
The civil registrar or the consul general shall examine the petition and its supporting documents. He shall post the
petition in a conspicuous place for ten (10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance. Thereafter, he 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.
This is how to correct errors in your birth certificate without going to court
REPUBLIC ACT 9048
Republic Act No. 9048 was a consolidation of House Bill No. 9797 and Senate Bill No. 2159. It was approved by
President G.M. Arroyo on 22 March 2001.
R.A. No. 9048 amends Articles 376 and 412 of the Civil Code of the Philippines. Article 376 prohibits the changing of
name or surname of a person without a judicial authority, while Article 412 prohibits any correction or change of entry
in a civil register without a judicial order. The amendatory provision of RA 9048 is Section I, which provides:
Section 1. Authority to correct clerical or typographical error and change of first name or 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 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.
The clerical error or typographical errors which are covered under RA No. 9048 are limited to those mistakes
committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register
that are harmless and innocuous, which are visible to the eyes or obvious to the understanding, and can be corrected or
changed only by reference to other existing record or records. Those errors that involve the change of nationality, age,
status or sex of the petitioner are excluded from the coverage of the new law. Thus, any petition to correct error that
would subsequently change the nationality, age, status or sex of a person shall be filed with the proper court, and not
with any LCRO.
With regard to the change of first name, RA 9048 provides the following grounds: (1) The petitioner finds the first name
or nickname ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (1) 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, (3) The change will avoid confusion. Any of these grounds, if supported with
convincing proof, will be sufficient basis of changing the first name.
What are the supporting papers for correction of clerical or typographical error?

SUPPORTING PAPERS FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR

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 requirement.
1. Certified machine copy of the certificate containing the alleged erroneous entry or entries.
2. Not less than 2 public or private documents upon which the correction shall be based
Section 5(2) of RA 9048 and Rule 8.1.2. of AO No. 1, s. 2001 require the submission of at least 2 public or private
documents showing the correct entry or entries upon which the correction or change shall be based. This is a
minimum number, hence, the petitioner can submit as many public or private documents to support his petition.
Examples of these documents are the following:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11Civil
2.12
2.13
2.14
2.15
2.16 And others

Baptismal
Voter's
Employment
GSIS
SSS
Medical
Business
School
Driver's
registry
Certificate

records
Land
of
Bank
NBI/Police

of
Land

Certificate
affidavit
Record
record
record
record
record
record
license
Insurance
ascendants
titles
Transfer
Passbook
clearance

3. Notice or certification of posting

Posting of the petition is required under Section 5 of RA No. 9048 and Rule 9 of AO No. 1, s. 2001.
At the time of submitting the petition to the C/MCR, this supporting document is not available yet. It will become
available ten (10) days after the acceptance of the petition by the C/MCR. The petitioner need not worry about this
supporting document as it will be attached to the petition by the concerned C/MCR after the lapse of the ten-day
posting period.
4. Other documents
Depending on the nature of the clerical error to be corrected, the petitioner may submit other relevant documents to
the C/MCR to further ensure the approval of his petition. On the other hand, the C/MCR may also require other
documents in addition to what had already been submitted by the petitioner.
What are the supporting papers for change of first name?

SUPPORTING PAPERS FOR CHANGE OF FIRST NAME

No petition for change of first name shall be accepted unless the petitioner submits the following required supporting
papers.
1. All documents, which are required to be submitted by the petitioner for the correction of clerical error, shall be
submitted also by the petitioner for change of first name.
2.
Clearance
from
authorities
Those with criminal record or those with pending administrative civil or criminal case are prohibited from changing
their first name.
Therefore, a petitioner fro change of first name shall be required to submit clearances from the following authorities:
2.1
Employer,
if
employed,
if
not,
affidavit
2.2
National
Bureau
of
2.3
Philippine
National
2.4 Other such clearances as may be required by the concerned C/MCR.

of

non-employment
Investigation
Police

In a case where the petition is filed 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 aged less than 15,
such clearances shall be complied with only if required by the C/MCR.
3. Proof of publication
The petition for change of first name is required to be published in a newspaper of general circulation at least once a
week for two (2) consecutive weeks. Failure to publish the petition could mean denial or disapproval of the petition.
As proofs of the publication, the petitioner is required to submit the following:
3.1
Affidavit
of
3.2 Copy of the newspaper clipping

publication

from

the

publisher

What much do I need to pay for correction of clerical error and/or change of name?

FEES
The C/MCR and the D/CR are authorized to collect from every petitioner the following rates of filing fees:
1.
One
thousand
pesos
(P1,
000.00)
for
2. Three thousand pesos (P3, 000.00) for the change of first name

the

correction

of

clerical

error

The amount of filing fee is uniform for all LCROs and Shari'a Courts. The reason for this is for one C/MCR to know
how much will be collect for the other C/MCR in the case of a migrant petitioner. If the fee is not uniform, the PRCR
may not be able to know how much he will collect for the RKCR.
FAQ on Republic Act No. 9048
What

You

Need

To

Know

About

Republic

Act

Act

Authorizing

to

the

Correct

in

an

or

Nickname

Without

C/MCR

a
Entry

9048
or

Clerical

or

and/or

Change

in
Need

Consul
Typographical

Error

First

Name

of

the
of

General

Civil
a

Register
Judicial

Order

WHAT IS REPUBLIC ACT 9048?

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.
President Gloria Macapagal-Arroyo approved the act on 22 March 2001. With the law taking effect on 22 April
2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in
the newspaper in August that year.

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:

correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving
the change in sex, age, nationality and status of a person.
(A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying,
transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or
misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or
records.)

change of a person's first name in his/her civil registry document under certain grounds specified under the law
through administrative process.

WHAT ARE THE CONDITIONS UNDER RA 9048 THAT THE PETITIONER NEEDS TO COMPLY
WITH?
(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,
(3) The change will avoid confusion.

WHO MAY FILE THE PETITION?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed
by a person of legal age who must have a direct and personal interest in the correction of the error or in the change
of first name in the civil register.
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.

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished
properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001

require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a
person authorized to administer oath.
Basically, the petition must contain the following facts or information:
Merits

of

Competency

of

the

petition

the

petitioner

Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first
name

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR

TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?
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:
Certified

machine

copy

of

the

certificate

containing

the

alleged

erroneous

entry

or

entries

Not less than 2 public or private documents upon which the correction shall be based. Examples of these
documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS record, medical
record, school record, business record, driver's license, insurance, land titles, certificate of land transfer, bank
passbook,

NBI/police

clearance,

Notice
Certified

machine

civil

registry

and
copy

of

records

of

ascendants,

Certificate
the

Official

and

of
Receipt

of

others.
Posting

the

filing

fee

Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first name shall be accepted unless the
petitioner submits the required supporting papers, as follows:

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.

HOW MUCH IS THE FEE IN FILING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following
rates of filing fees:
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
A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).
This service fee shall accrue to the local treasury of the PRCR.
Five

hundred

pesos

(P500.00)

for

correction

of

clerical

or

typographical

error

One thousand pesos (P1,000.00) for change of first name

WHERE SHOULD THE PETITION BE FILED?

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.
However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or
domicile is different from where his civil registry record or records are registered, he may file the petition in the
nearest LCRO in his area. His petition will be treated as a migrant petition.
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 REPUBLIC ACT
NUMBERED NINETY FORTY-EIGHT

SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is hereby amended to read
as follows:
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or 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 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.
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 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.
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 or typographical error,
or for change of first name or nickname, as the case may be, shall be in the form of an affidavit, subscribed
and sworn to before any person authorized by law to administer oaths. The affidavit shall set forth facts
necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent
to testify to the matters stated. 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 for change of first name or nickname, or for correction
of erroneous entry 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 of general
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 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.

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

SEC. 8. Payment of Fees. The city or municipal civil registrar or the consul general shall be authorized 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 the Consul General for
modernization of the office and hiring of new personnel and procurement of supplies, subject to government
accounting and auditing rules.
SEC. 5. Separability Clause. If any provision of this Act shall at any time be found to be unconstitutional or
invalid, the remainder thereof not affected by such declaration shall remain in full 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 in the Official Gazette
or in at least two (2) newspapers of general circulation.
Republic Act No. 9255
ADMINISTRATIVE

ORDER

NO.

Series of 2004

RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255
(An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article
176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines")

As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the
following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February
24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.
Rule
1.1

1.

Coverage

These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This

includes:
1.1.1
1.1.2

Registered

births

where

the

Unregistered
illegitimate

children

use

the

births;

surname

of

the

mother.

Rule 2. Definition of Terms

As
2.1.

used

Paternity

rules,

or

the

where

he

expressly

following

Affidavit

recognizes

terms

shall

mean:

of

Acknowledgment.

paternity

to

the

child.

Local Civil Registry Office (LCRO) ? a department in the city/municipal government mandated to perform

civil
2.4.

the

Private handwritten instrument ? an instrument executed in the handwriting of the father and duly signed by

him
2.3.

these

Public document ? refers to affidavit of recognition executed by the father such as the Affidavit of Admission

of
2.2.

in

registration

functions.

Office of the Civil Registrar General (OCRG) ? refers to the national government office mandated to carry

out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also
the
2.5.

Administrator

the

National

Statistics

Office

(NSO).

Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to use the surname

of
2.6.

of

the

father.

The

AUSF

is

registrable

document.

Guardian - refers to a person lawfully invested with the power, and charged with the duty, of taking care of

one who, for defect of age, understanding, or self control, is considered incapable in administering his own affairs.
This term also refers to those authorized to exercise substitute parental authority over the child in default of parents
or a judicially appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the
following:
2.6.1
2.6.2

The

surviving

grandparent

(Article

214,

Family

Code);

The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2),
Family

Code);

and

2.6.3

The child's actual custodian, over 21 years of age, unless unfit or disqualified (Article 216
(3),

Family

Code).

Rule 3. Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to
Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.
Rule
4.1.
Office
4.2.

4.

of

to

file

The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry
(LCRO)

where

the

child

was

born,

if

the

birth

occurred

within

the

Philippines.

The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the

birth
4.3.

Where

occurred

within

the

Philippines.

The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO
Manila,

if

the

birth

occurred

outside

the

Philippines.

Rule 5. What to file

The
5.1.

following

shall

be

filed

at

the

LCRO:

Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the

back
5.2.
5.3.

Public
AUSF,

including

all

document
supporting

documents

Rule 6. When to register

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from
the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall
be

applied.

Rule

7.

Requirements

for

7.1

the

Child

For
7.1.1

to

Use

Births

the

Surname

Not

of

the

Yet

Father
Registered

The illegitimate child shall use the surname of the father if a public document is executed

by the father, either at the back of the Certificate of Live Birth or in a separate document.
7.1.2

If admission of paternity is made through a private handwritten instrument, the child shall

use the surname of the father, provided the registration is supported by the following
documents:
a.
b.

AUSF

Consent of the child, if 18 years old and over at the time of the filing of the document

c.

Any two of the following documents showing clearly the paternity between the father
and

the
1)

child:
Employment

records

SSS/GSIS

records

2)

3)
4)

Certification
5)

of

7.2

For
7.2.1

Births

Previously

of

Assets

Income
Registered

in

Tax

under

the

any

organization

and

Liabilities

Return

Surname

of

(ITR)
the

Mother

If filiation has been expressly recognized by the father, the child shall use the surname
of

7.2.2

the

father

upon

the

submission

of

the

accomplished

AUSF.

If filiation has not been expressly recognized by the father, the child shall use the

surname

of

father

instrument
7.3

membership

Statement
6)

Insurance

upon

submission

supported

by

of

the

public

document

documents

or

listed

a
in

private

handwritten

Rule

7.1.2.

Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of

majority.

The

consent

may

be

contained

in

separate

instrument

duly

notarized.

Rule

8.

Effects

8.1

For
8.1.1

of

Births

Recognition

Not

Yet

Registered

The surname of the father shall be entered as the last name of the child in the Certificate

of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.
8.1.2

If admission of paternity is done at the back of the Certificate of Live Birth, no annotation

is made in the Certificate of Live Birth. However, annotation shall be made in the Register
of Births as follows:
"Acknowledged
8.1.3

by

(name

of

father)

on

(date)

pursuant

to

RA

9255."

If admission of paternity is made in a separate public document, the proper annotation

shall be made in the Certificate of Live Birth and the Register of Births. The annotation
shall be as follows:
"Acknowledged
8.1.4

by

(name

of

father)

on

(date)

pursuant

to

RA

9255."

In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with

the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper
annotation
8.2

For
8.2.1

with
Births

regard
Previously

to
Registered

delayed
under

registration
the

Surname

shall
of

be

made.

the

Mother

If admission of paternity was made either at the back of the Certificate of Live Birth or in a

separate public document or in a private handwritten document, the public document or

AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
made in the Certificate of Live Birth and the Register of Births as follows:
"The surname of the child is hereby changed from (original surname) to (new surname)
pursuant to RA 9255."
The original surname of the child appearing in the Certificate of Live Birth and Register of
Births

shall

not

be

changed

or

deleted.

8.2.2

If filiation was not expressly recognized at the time of registration, the public document or

AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
made in the Certificate of Live Birth and the Register of Births as follows:
"Acknowledged

by

changed

(original

from

(name

of

father)

surname)

on

to

(date).

(new

The

surname

surname)

on

of

(date)

the

pursuant

child
to

is

hereby

RA 9255."

Rule 9. Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1A
In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certificate of
Live

Birth

Rule
10.1.

or

on

the

certified

10.

transcription

Duties

(LCR

of

Form

1A)

the

from

the

Local

Register

Civil

Births.

Registrar

Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stated in the

affidavit

and

10.2.

the

Accepts

for

documents

registration

a.

presented.

the

following

documents:

of

Live

Birth

Certificate
b.

Public

document

c.
10.3.

of

AUSF

Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and

AUSF

in

the

Register

of

Legal

Instruments.

10.4.

Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.

10.5.

Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations.

10.6.

Distributes the annotated Certificate of Live Birth, registered public document or AUSF including any

supporting

document
a.

First

copy

as
to

owner

follows:
of

the

document;

b.

Second

copy

to

the

OCRG;

c.

Third

copy

to

the

LCRO.

Rule 11. Retroactivity Clause

These rules shall have retroactive effect for all births occurring within and outside the Philippines.
Rule 12. Separability Clause
If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the
remaining

portions

or

provisions

thereof

shall

not

be

effected

by

such

declaration.

Rule 13. Repealing Clause

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are
hereby

repealed

or

modified

accordingly.

Rule 14. Effectivity

These rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

Ever since we wrote about Republic Act 10172 which allows correction of sex in the birth certificate without need of
going to court (Philamlaw 101, Asian Journal, 08/31/2012), we have received a lot of inquiries on when the law will
be implemented. Apparently, some of our readers had tried to start their administrative correction but were told by
their local civil registrars that the implementing rules are still being drafted. The implementing rules are important
before a law can be implemented because they lay down the requirements and the detailed procedure on how the
government agency (in this case, the local civil registrar and the National Statistics Office) will implement the law.
Finally, the Implementing Rules and Regulations (IRR) have been completed and the law is now being
implemented. We reviewed the IRR and found them to be quite lengthy and complicated, so we will try to
summarize

and

simplify

them

for

our

readers.

The rules reiterate that the new law allows administrative correction (meaning without court action) of two types of
clerical or typographical errors, namely (1) error in the sex, and (2) error in the month and day of birth. You must
still go to court to correct errors in year of birth, nationality and status (i.e. legitimate or illegitimate).
However, the rules for correction of sex versus correction of day and month of birth, are different.
If you are correcting the day and/or month of your birth, the rules are more lenient. You can do it personally or
through an authorized representative. You can file this petition in the local civil registrar in several places, namely
(1) place of birth (2) place of your current residence, and (3) Philippine consulate abroad. The petition must be
accompanied by supporting documents, such as school and medical records, baptismal certificate, employer and
police/NBI

clearance,

and

must

be

published

in

the

newspaper.

If you are correcting the sex in your birth certificate, the rules are much stricter. Only you can file the petition, and
you must file it personally. There is only one place where you can file the petition in the place where you were
born. On top of the supporting documents, the petition must include a medical certification issued by an accredited
government physician that the petitioner has not undergone sex change or sex transplant. The local civil registrar
will

examine

the

medical

certification

and

issue

certification

that

it

is

authentic.

The IRR defines and accredited government physician as 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. Clearly, this definition excludes foreign doctors, no matter if they are recognized experts in
the field.