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

7 comments:

  1. my friend wants to correct his family name which is erroneously printed in his birth certificate, he want it to be change "from cruz to dela cruz". is this allow?

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  2. Unfortunately, change of last name does not fall under this law. Your friend has to go through the normal process of correcting it via court procedure. He needs a lawyer to do it for him.

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  3. my friends name has a Ma. in her baptismal and other documents such as SSS, Passport, School records..etc, but in her birth cert it has none..
    is RA 10172 applicable?
    thanks so much

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    Replies
    1. Hi, Jessica! Yes, the law applies to your friend's situation. "Ma" is clearly a typographical error. She can apply for correction at the administrative level to change the "Ma" to Ma."

      Good luck to her!

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  4. My father have a totally different name and surname on his birth certificate. Can you please give us advice how to correct it, how long is the processing and how much. Thank you very much!

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    Replies
    1. Hi, Aireen. How different are the names? If its just a letter or two, that can be attributed to clerical error. But if the real name is John, but the one printed is Paul, then that is not clerical. You have to go to court for that. The length of the process depends on where you are from (if the courts there are busy or not), but ballpark figure will be around 1 year. Unfortunately, I cannot comment on how much it will cost you. Best if you consult a lawyer personally. Good luck!

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  5. a person seeking correction of her sex from male to female, can she file it to her birth local civil registrar? at the moment she is abroad.. or she has to file it at the phil consul abroad?tnx

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