Law Eases Changes to Register of Birth

source: BusinessWorld Online - Sept. 2, 2012

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ADMINISTRATIVE CORRECTIONS in the register of birth has been eased under a new law signed by President Benigno S. C. Aquino III.

Republic Act (RA) No.10172 in particular expedites the correction process by authorizing the city or municipal civil registrar or the consul general to correct clerical and typographical errors in the first name or nickname, dates of birth, or sex of a person in the civil register without need of judicial order.

Under Republic Act 9048, or the Clerical Law, corrections in the register of birth and certificate of marriage require the proper petition in a judicial court. The process takes more than six months.

Instead of the tedious court proceedings, requesting parties are now required to file an affidavit and submit a certified true machine copy of the certificate containing the entries sought to be corrected; at least two documents showing the correct entries; and other relevant documents.

Earliest school documents such as medical records, baptismal certificates, among others, are required for correction on entries concerning the date of birth or the sex of a person.

Changes on the sex, meanwhile, can be carried out only if the requesting party presents a certification issued by a physician stating that the petitioner has not undergone gender reassignment.

The measure notes that corrections will be made only on typographical errors, which refer 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.

Signed on Aug. 15, RA 10172 requires that a petition for correction of an erroneous entry or typographical error concerning the date of birth or sex requires publication at least once a week for two consecutive weeks in a newspaper of general circulation.


The new law will take effect 15 days after its publication in the Official Gazette or in at least two newspapers of general circulation. 



copyright: BusinessWorld Online

By Noemi M. Gonzales