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 nic name in the civil register !ithout the need for a "udicial order# RA 9048 amends Articles $%& and 4'( of the )ivil )ode of the *hilippines+ !hich prohibit the change of name or surname of a person+ or any correction or change of entry in a civil register !ithout a "udicial order# *resident ,loria -acapagal.Arroyo approved the Act on -arch ((+ (00'# /ith the la! ta ing effect on April ((+ (00'+ the )ivil Registrar ,eneral promulgated Administrative 0rder 1o# ' 2eries of (00'+ !hich !as published in August of the same year#

What corrections can be made through RA 9048? RA 9048 allo!s these corrections3

)orrection of clerical or typographical errors in any entry in civil registry documents+ e4cept corrections involving the change in se4+ age+ nationality and status of a person#

(A clerical or typographical error refers to an obvious mista e committed in clerical !or + either in !riting+ 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 li es+ and can be corrected or changed only by reference to other e4isting record or records#)

)hange of a person5s first name in his/her civil registry document under certain grounds specified under the la! through administrative process#

What are the conditions under RA 9048 that the petitioner needs to comply with?

'# 6he petitioner finds the first name or nic name to be ridiculous+ tainted !ith dishonor or e4tremely difficult to !rite or pronounce7

(# 6he ne! first name or nic name has been habitually and continuously used by the petitioner and he/she has been publicly no!n by that first name or nic name in the community7 or7

$# 6he change !ill avoid confusion#

Who may file the petition?

/hether 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 !ith 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 !hen he/she is '8 years old and above# 6hus+ a minor (less than '8 years old) cannot by himself/herself file a petition+ either for correction of clerical or typographical error of for change of his first name#

0nly the follo!ing persons are considered to have a direct and personal interest in the correction of clerical error or change of first name3

'# 0!ner of the record that contains the error to be corrected or first name to be changed#

(# 0!ner5s spouse+ children+ parents+ brothers+ sisters+ grandparents+ guardian+ or any other person duly authorized by la! or by the o!ner of the document sought to be corrected#

What should be the form and content of the petition?

6he petition+ !hether it is for correction of clerical error or for a change of first name+ should be accomplished properly and in the prescribed form# 2ection 8 of RA 9048 and Rule 8 of Administrative 0rder 1o# ' 2eries of (00' re9uire that the petition should be in the form of an affidavit+ hence it should be subscribed and s!orn to before a person authorized to administer oath#

:asically+ the petition must contain the follo!ing facts or information3

-erits of the petition )ompetency of the petitioner ;rroneous entry to be corrected and proposed correction7 first name to be changed and the proposed ne! first name

What supporting documents are required for correcting a clerical or typographical error in a civil registry document?

6he petition shall not be processed unless the petitioner supports it !ith the re9uired documents# 6he supporting documents should be authentic+ other!ise+ the petition shall be denied or disapproved pursuant to Rule 8#8 of Administrative 0rder 1o# '+ 2eries of (00'# 6he follo!ing supporting documents are admissible as basic re9uirements3

'# )ertified machine copy of the certificate containing the alleged erroneous entry or entries#

(# 1ot less than t!o public or private documents upon !hich the correction shall be based# ;4amples of these documents are the follo!ing3 baptismal certificate+ voter5s affidavit+ employment record+ ,2<2/222 record+ medical record+ school record+ business record+ driver5s license+ insurance+ land titles+ certificate of land transfer+ ban passboo + 1:</police clearance+ civil registry records of ascendants+ and others#

$# 1otice and )ertificate of *osting 4# )ertified machine copy of the 0fficial Receipt of the filing fee

8# 0ther documents as may be re9uired by the )ity/-unicipal )ivil Registrar ()/-)R)

What are the supporting papers needed for change of first name?

As in the case of correction of clerical error+ no petition for change of first name shall be processed unless the petitioner submits the re9uired supporting papers+ as follo!s3

'# All the documents re9uired of the petitioner for the correction of clerical error shall also be re9uired of the petitioner for change of first name#

(# )learance from authorities such as clearance from employer+ if employed7 the 1ational :ureau of <nvestigation7 the *hilippine 1ational *olice7 and other clearances as may be re9uired by the concerned )/-)R#

$# *roof of publication . an affidavit of publication from the publisher and copy of the ne!spaper clippings should be attached#

ow much is the fee in filing a petition?

6he )/-)R and the =istrict/)ircuit Registrar (=/)R) are authorized to collect from every petitioner the follo!ing rates of filing fees3

0ne thousand pesos (*h* '+000#00) for the correction of clerical error

6hree thousand pesos (*h* $+000#00) for the change of first name

<n the case of a petition filed !ith the )onsul ,eneral (),)+ the fees are the same for all *hilippine )onsulates# 6he fees are the follo!ing3

>ifty ?2 dollars (?2@80#00) for the correction of clerical or typographical error

0ne hundred fifty ?2 dollars (?2@'80#00) for the change of first name

A migrant petitioner shall pay an additional service fee to the *etition Receiving )ivil Registrar (*R)R)# 6his service fee shall accrue to the local treasury of the *R)R#

>ive hundred pesos (*h*800#00) for correction of clerical or typographical error

0ne thousand pesos (*h*'+000#00) for change of first name

Where should the petition be filed? 6he general rule is that petition shall be filed !ith the Aocal )ivil Registry 0ffice (A)R0) !here the record containing the clerical error to be corrected or first name to be changed is ept# <ncluded in this general rule is the case of the 0ffice of the )ler of 2hari5a court !here the records of divorces+ revocations of divorces+ conversions to <slam are ept and !here some -uslim marriages are registered# Bo!ever+ in case the petitioner is a migrant !ithin or outside the *hilippines+ meaning his present residence or domicile is different from !here his/her civil registry record or records are registered+ he/she may file the petition in the nearest A)R0 in his/her area# Bis/her petition !ill be treated as a migrant petition#

Aast ?pdated ( -onday+ '( 1ovember (00% )

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