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Republic Act No. 9048 | National Statistics Office

Republic Act No. 9048

Republic of the Philippines
Congress of the Philippines Metro Manila Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
[REPUBLIC ACT NO. 9048]
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO
CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR
NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
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 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.
SECTION 2. Definition of Terms - As used in this Act, the following terms shall mean:
1. "City or Municipal civil registrar" refers to the head of the local civil registry office of the city
or municipality, as the case may be, who is appointed as such by the city or municipal mayor in
accordance with the provisions of existing laws.
2. "Petitioner" refers to a natural person filing the petition and who has direct and personal
interest in the correction of a clerical or typographical error in an entry or change of first name
or nickname in the civil register.
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 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, status or sex of the petitioner.
4. "Civil Register" refers to the various registry books and related certificates and documents kept
in the archives of the local civil registry offices, Philippine Consulates and of the Office of the
Civil Registrar General.
5. "Civil registrar general" refers to the Administrator of the National Statistics Office which is
the agency mandated to carry out and administer the provision of laws on civil registration.
6. "First name" refers to a name or nickname given to a person which may consist of one or more
names in addition to the middle and last names.
SECTION 3. Who May File the Petition and Where. - Any person having direct and personal
interest in the correction of a clerical or typographical error in an entry and/or change of first name
or nickname in the civil register may file, in person, a verified petition with the local civil registry
office of the city or municipality where the record being sought to be corrected or changed is kept.
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In case the petitioner has already migrated to another place in the country and it would not
be practical for such party, in terms of transportation expenses, time and effort to appear in person
before the local civil registrar keeping the documents to be corrected or changed, the petition may
be filed, in person, with the local civil registrar of the place where the interested party is presently
residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate
the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries may file
their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be
processed in accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or nicknames
may be availed of only once.
SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first
name or nickname may be allowed in any of the following cases:
1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by the petitioner and
he has been publicly known by that by that first name or nickname in the community: or
3. The change will avoid confusion.
SECTION 5. Form and Contents of the Petition. - The petition shall be in the form of an affidavit,
subscribed and sworn to before any person authorized by the 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.
In case of change of first name or nickname, the petition shall likewise be supported with the
documents mentioned in the immediately preceding paragraph. In addition, the petition 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 enforcement
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.
SECTION 6. Duties of the City or Municipal Civil Registrar or the Consul General. - The city or
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municipal civil registrar or the consul general to whom the petition is presented shall examine the
petition and its supporting documents. He shall post the petition in a conspicuous place provided for
that purpose for ten (10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and shall
render a decision not later than five (5) working days after the completion of the posting and/or
publication requirement. He shall transmit a copy of his decision together with the records of the
proceedings to the Office of the Civil Registrar General within five (5) working days from the date of
the decision.
SECTION 7. Duties and Powers of the Civil Registrar General. - The civil registrar general shall,
within ten (10) working days from receipt of the decision granting a petition, exercise the power to
impugn such decision by way of an objection based on the following grounds:
1. The error is not clerical or typographical;
2. The correction of an entry or entries in the civil register is substantial or controversial as it
affects the civil status of a person; or
3. The basis used in changing the first name or nickname of a person does not fall under SECTION
4.
The civil registrar general shall immediately notify the city or municipal civil registrar or the
consul general of the action taken on the decision. Upon receipt of the notice thereof, the city or
municipal civil registrar or the consul general shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general or file the appropriate
petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the city or
municipal civil registrar or of the consul general within the period prescribed herein, such decision
shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul general, the
petitioner may either appeal the decision to the civil registrar general or file the appropriate petition
with the proper court.
SECTION 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.
SECTION 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than six (6) years but not more than twelve
(12) years, or a fine of not less than Ten thousand pesos (P10,000.00) but not more than One
Hundred Thousand pesos (P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he shall suffer the penalties
provided under civil service laws, rules and regulations.
SECTION 10. Implementing Rules and Regulations. - The civil registrar general shall, in
consultation with the Department of Justice, the Department of Foreign Affairs, the Office of the
Supreme Court Administrator, the University of the Philippines Law Center and the Philippine
Association of Civil Registrars, issue the necessary rules and regulations for the effective
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implementation of this Act not later than three (3) months from the effectivity of this law.
SECTION 11. Retroactivity Clause. - This Act 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.
SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such
declaration.
SECTION 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.
Approved.
(Sgd.) AQUILINO Q. PIMENTEL, JR.
President of the Senate
((Sgd.) FELICIANO BELMONTE, JR.
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 9797 and Senate Bill No. 2159 was finally
passed by the House of Representatives and the Senate on February 7, 2001 and February 8, 2001,
respectively.

(Sgd.) LUTGARDO B. BARBO

Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved.

MARCH 22, 2001

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Rate:
Average: 3.3 (30 votes)

FAQ on Republic Act No. 9048

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