FAQ on Republic Act No.

9048
What You Need To Know About

Republic Act 9048

Act Authorizing the C/MCR or 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

WHAT IS REPUBLIC ACT 9048?

Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the
consul general to correct a clerical or typographical error in an entry and/or
change the first name or nickname in the civil register without need of a
judicial order.

RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines,
which prohibit the change of name or surname of a person, or any
correction or change of entry in a civil register without a judicial order.

President Gloria Macapagal-Arroyo approved the act on 22 March 2001. With

the law taking effect on 22 April 2001, the Civil Registrar-General
promulgated Administrative Order No. 1 Series of 2001, which was published
in the newspaper in August that year.

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:

 correction of clerical or typographical errors in any entry in civil registry
documents, except corrections involving the change in sex, age, nationality
and status of a person.

(A clerical or typographical error refers to an obvious mistake committed in

clerical work, either in writing, copying, transcribing, or typing an entry in
the civil register that is harmless and innocuous, such as a misspelled name
or misspelled place of birth and the like, and can be corrected or changed
only by reference to other existing record or records.)

change of a person's first name in his/her civil registry document under

certain grounds specified under the law through administrative process.

WHAT ARE THE CONDITIONS UNDER RA 9048 THAT THE PETITIONER

NEEDS TO COMPLY WITH?

(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 first name or
nickname in the community; or,

(3) The change will avoid confusion.

WHO MAY FILE THE PETITION?

Whether it is for correction of clerical or typographical error, or for change

of first name, the petition may be filed by a person of legal age who must
have a direct and personal interest in the correction of the error or in the
change of first name in the civil register.

A person is considered of legal age when he is eighteen years old and above.
Thus, a minor (less than eighteen years old) cannot by himself file a
petition, either for correction of clerical or typographical error or for
change of his first name.

Only the following persons are considered to have a direct and personal
interest in the correction of clerical error or change of first name:

Owner of the record that contains the error to be corrected or first name
to be changed

Owner's spouse, children, parents, brothers, sisters, grandparents,

guardian, or any other person duly authorized by law or by the owner of the
document sought to be corrected.

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

The petition, whether it is for correction of clerical error or for a change of

first name, should be accomplished properly and in the prescribed form.
Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001
require that the petition should be in the form of an affidavit, hence, it
should be subscribed and sworn to before a person authorized to administer
oath.

Basically, the petition must contain the following facts or information:

Merits of the petition

Competency of the petitioner
Erroneous entry to be corrected and proposed correction; first name to
be changed and the proposed new first name

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A

CLERICAL OR TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?

The petition shall not be processed unless the petitioner supports it with the
required documents. The supporting documents should be authentic and
genuine, otherwise, the petition shall be denied or disapproved pursuant to
Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting
documents are admissible as basic requirements:

Certified machine copy of the certificate containing the alleged

erroneous entry or entries

Not less than 2 public or private documents upon which the correction
shall be based. Examples of these documents are the following: baptismal
certificate, voter's affidavit, employment record, GSIS/SSS record, medical
record, school record, business record, driver's license, insurance, land
titles, certificate of land transfer, bank passbook, NBI/police clearance,
civil registry records of ascendants, and others.

Notice and Certificate of Posting

Certified machine copy of the Official Receipt of the filing fee

Other documents as may be required by the City/Municipal Civil Registrar

(C/MCR)

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first

name shall be accepted unless the petitioner submits the required
supporting papers, as follows:

All the documents required of the petitioner for the correction of clerical
error shall also be required of the petitioner for change of first name.

Clearance from authorities such as clearance from employer, if

employed; the National Bureau of Investigation; the Philippine National
Police; and other clearances as may be required by the concerned C/MCR.

Proof of Publication. An affidavit of publication from the publisher and

copy of the newspaper clippings should be attached.
HOW MUCH IS THE FEE IN FILING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to

collect from every petitioner the following rates of filing fees:

One thousand pesos (P1,000.00) for the correction of clerical error

Three thousand pesos (P3,000.00) for the change of first name

In the case of a petition filed with the Consul General (CG), the fees are the
same for all Philippine Consulates. The fees are the following:

Fifty U.S. dollars ($50.00) for the correction of clerical or typographical

error

One hundred fifty U.S. dollars ($150.00) for the change of first name

A migrant petitioner shall pay an additional service fee to the Petition

Receiving Civil Registrar (PRCR).

This service fee shall accrue to the local treasury of the PRCR.

Five hundred pesos (P500.00) for correction of clerical or typographical

error

One thousand pesos (P1,000.00) for change of first name

WHERE SHOULD THE PETITION BE FILED?

The general rule is that petition shall be filed with the Local Civil Registry
Office (LCRO) where the record containing the clerical error to be corrected
or first name to be changed is kept. Included in this general rule is the case
of the Office of the Clerk of Shari'a Court where records of divorces,
revocations of divorces, conversions to Islam are kept and where some
Muslim marriages are registered.
However, in case the petitioner is a migrant within or outside the
Philippines, meaning his present residence or domicile is different from
where his civil registry record or records are registered, he may file the
petition in the nearest LCRO in his area. His petition will be treated as a
migrant petition.

REPUBLIC ACT NO. 9048 March 22, 2001

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.

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
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 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: March 22, 2001