Erroneous entries in birth certificates that can be corrected without going to court

When my son Vitto was born, I was the one who provided all the information needed for his birth certificate.

Back then, his mother could not perform this task, precisely because she had just given birth to him and needed to get some rest.

Neither could my son perform the same. It was impossible for him to carry it out, since he had just been born.

While providing all the information needed for his birth certificate, I made sure no errors were committed.

In fact, I signed only when I was convinced that all the required information, such as his name, had been correctly entered.

By the time he begins to understand everything, I am certain my son will be thankful to me for making sure his birth certificate contained no erroneous entries.

But what if it does? Is there a legal remedy available to him in order to have them corrected?

The answer to these questions is of course a resounding yes. He may file a petition for correction of erroneous entries in court.

But are their erroneous entries, which can be corrected without going to court? Yes. And these are:

(a) clerical or typographical errors and change of first name or nickname; and,

(b) 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.

A 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.

Here, the petition may be filed directly with the city or municipal registrar or consul general.

But bear in mind that no correction must involve the change of nationality, age, or status of a person.

Why? Because, if so, the error sought to be corrected can no longer be considered as mere clerical or typographical, but it will now be deemed as substantial or controversial, where only a petition in court is allowed.

[References: Republic Act (RA) No. 10172, Implementing Rules and Regulations (IRR) of RA 10172 (Administrative Order No. 1, Series of 2012), RA 9048, IRR of RA 9048 (Administrative Order No. 1, Series of 2001), Articles 407-413 of the Civil Code of the Philippines, Articles 376 and 412 of the Civil Code of the Philippines, and Rules 103 and 108 of the Rules of Court]

Advertisements

Author: Pinggoy Lopez

Inspiring others is my greatest passion

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s