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Republic of the Philippines

Congress of the Philippines


Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
[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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
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.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 3113 and House Bill No. 4530 was finally
passed by the Senate and the House of Representatives on May 30, 2012 and June 5, 2012,
respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: AUG 15 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines


Republic Act No. 10172 Implementing
Rules and Regulations
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012
Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF
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 Act
Numbered Ninety Forty-Eight.)
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.
This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing
Rules and Regulations, Republic Act No. 9048).
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.
IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to Correct Clerical or Typographical Error
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.
Rule 2. Definition of Terms
As used in these rules, the following terms shall mean:
2.1. 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 on the entry of day and month in the date of birth or the sex of the
person, 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 (refers to the
correction on the year of birth), or legitimacy status of the petitioner/document
owner.
2.2. Sex Refers to the biological and physiological characteristics that define men
and women.
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.
2.4. Accredited Government Physician Refers to 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.
2.5. Medical Certification Refers to the certification issued by the accredited
government physician attesting to the fact that the petitioner/document owner has
not undergone sex change or sex transplant.
Rule 3. Who may file the petition.
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.
3.2. For correction of a clerical or typographical error in sex:
The petitioner affected by such error shall personally file the petition with the civil
registry office where the birth certificate is registered.
Rule 4. Where to file the petition
4.1. For correction of clerical and typographical error in the entry of the day and/or
month in the date of birth.
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.
When the petitioner has migrated to another place within the Philippines and it is not
practical for such party, in terms of transportation expenses, time and effort to appear
before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the
place where the petitioner is residing or domiciled.
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.
Any person whose birth record was registered in the Philippines, or in any Philippine
Consulate, but who is presently residing or domiciled in a foreign country, may file the
petition with the nearest Philippine Consulate.
4.2. For correction of clerical and typographical error in the entry of sex
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.
Rule 5. Processing of the petition
Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be
observed.
Rule 6. Form and content of the petition
Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be
observed. In addition, as supporting documents to the petition, the following shall be
submitted:
6.1. Earliest school record or earliest school documents;
6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious authorities;
6.4. A clearance or a certification that the owner of the document has no pending
administrative, civil or criminal case, or no criminal record, which shall be obtained
from the following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.
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.
Rule 7. Posting and publication of the petition.
Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be
observed.
Rule 8. Duties of the C/MCR
Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall be
observed.
In addition, the C/MCR shall issue a certification on the authenticity of the certification
issued by the accredited government physician certifying that the petitioner/document
owner has not undergone sex change or sex transplant.
Rule 9. Duties and powers of the CRG
Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall be
observed.
Rule 10. Authority to collect filing and other fees
The C/MCR is hereby authorized to collect from every petitioner three thousand pesos
(P3,000.00) for petition to correct the day and/or month in the date of birth or sex. An
indigent petitioner shall be exempt from paying the required payment, provided that the
petition is supported by a certification from the City/Municipal Social Welfare Office that the
petitioner/document owner is indigent.
In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars
($150.00) or its equivalent value in local currency for the correction of clerical or
typographical error is required.
In the case of a migrant petition, there shall be a service fee of one thousand pesos
(P1,000.00) to be collected by the PRCR.
When a petitioner/document owner files petition for correction of clerical error under R.A.
9048, simultaneously, with a petition for correction of clerical error under R.A. 10172, and
the same document is involved, the petitioner/document owner shall pay only the amount
of P3,000.00 corresponding to the fee under R.A. 10172.
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.
Rule 11. Retroactivity clause
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.
Rule 12. Separability clause
If any portion or provision of this Order is declared void or unconstitutional, the remaining
portions or provisions thereof shall not be affected by such declaration.
Rule 13. Repealing clause.
All circulars, memoranda, rules and regulations or parts thereof inconsistent with the
provisions of this Order are hereby repealed or modified accordingly.
Rule 14. Effectivity clause.
This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in
at least two newspapers of general circulation.
Approved this 24th day of October 2012.


CARMELITA N. ERICTA
Civil Registrar General