Monday, September 3, 2012

RA 10172 - Amended Clerical Error Law

AMENDED CLERICAL ERROR LAW

What is the law about?
RA 10172 amends RA 9048 by including errors in birth date and sex that can be corrected at the administrative level, instead of the courts. Because correction can be done at the Local Civil Registrar, the process is faster and cheaper.

Important Things to remember:
1. The law took effect on 3 September 2012 (15 days after it was published in the newspapers)

2. In addition to misspelled First Name, Nickname and Place of Birth, what else can be changed?

a. Day and Month in the date of birth;
b. Sex of a person

Provided that it is patently clear that there was a clerical or typographical error or mistake in the entry.

3. What CANNOT be changed?

a. Nationality
b. Age
c. Status

4. Requirements for correction of Day and/or Month:

a. Sworn Affidavit;
b. Certified Machine Copy of the Certificate containing the entry to be changed;
c. At least 2 public or private documents to support your claim;
d. Earliest School Record and/or Baptismal Record.

5. Requirements for correction of Sex:

a. Sworn Affidavit;
b. Certified Machine Copy of the Certificate containing the entry to be changed;
c. At least 2 public or private documents to support your claim;
d. Earliest School Record and/or Baptismal Record;
e. Certification issued by an accredited government physician attesting to the fact that claimant has NOT undergone a sex change or sex transplant.


Complete text of the law can be found at:
Official Gazette RA 10172