Fourteenth Congress

Third Regular Session

Approved: DEC 20, 2009
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
GLORIA MACAPAGAL–ARROYO
REPUBLIC ACT. NO. 9858 President of the Philippines

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE,
AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as
amended, is hereby further amended to read as follows:
Republic Act No. 9255 February 24 2004

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of conception of the
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE
former, were not disqualified by any impediment to marry each other, or were so disqualified only because
PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE
either or both of them were below eighteen (18) years of age, may be legitimated."
PHILIPPINES"

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
voidable marriage shall not affect the legitimation."

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is
Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the chairpersons of the
hereby amended to read as follows:
Committee on Revision of Laws of the House of Representatives and the Committee on Youth, Women and
Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the
Department of Foreign Affairs (DFA), the office of the Supreme Court Administrator, the Philippine Association "Article 176. Illegitimate children shall use the surname and shall be under the parental authority of
of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective their mother, and shall be entitled to support in conformity with this Code. However, illegitimate
implementation of this Act not later than one (1) month from its effectivity. children may use the surname of their father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the father. Provided, the father has the right
Section 3. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations and/or
to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime
administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified,
of each illegitimate child shall consist of one-half of the legitime of a legitimate child."
superseded or repealed accordingly.

SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, rules and
Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in the
regulations, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Official Gazette or in at least two (2) newspapers of national circulation.

SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official
Approved,
Gazette or in two (2) newspapers of general circulation.

JUAN PONCE ENRILE PROSPERO C. NOGRALES

President of the Senate Speaker of the House of Representatives

Approved,
This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House
of Representatives and the Senate on October 13, 2009.
FRANKLIN DRILON JOSE DE VENECIA JR.
President of the Senate Speaker of the House of Representatives

EMMA LIRIO-REYES MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General House of Representaives
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This Act which is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 was finally passed by the House (1) xxx xxx
of Representatives and the Senate on January 21, 2004 and February 4, 2004, respectively.
(2) xxx xxx
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General (3) ‘Clerical or typographical error’ refers to a mistake committed in the performance of clerical work in writing,
House of Represenatives copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled
name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the
person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed
Approved: February 24 2004
only by reference to other existing record or records: Provided, however, That no correction must involve the
change of nationality, age, or status of the petitioner.”
GLORIA MACAPAGAL-ARROYO
President of the Philippines
SEC. 3. Section 5 of the Act is hereby amended to read as follows:

“SEC. 5. Form and Contents of the Petition. – The petition for correction of a clerical or typographical error, or for
change of first name or nickname, as the case may be, shall be in the form of an affidavit, subscribed and sworn
Republic of the Philippines to before any person authorized by law to administer oaths. The affidavit shall set forth facts necessary to
Congress of the Philippines establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the
Metro Manila 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.
Fifteenth Congress
The petition shall be supported with the following documents:
Second Regular Session
(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;
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction
[REPUBLIC ACT NO. 10172]
or change shall be based; and

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO
CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND MONTH IN THE DATE OF BIRTH OR SEX OF
A PERSON APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is hereby amended to read as
follows:
“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, the day and month in the date of birth or sex of a person where it is
patently clear that there was a clerical or typographical error or mistake in the entry, 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.”
SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to read as follows:
(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.
No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be
entertained except if the petition is accompanied by earliest school record or earliest school documents such as,
but not limited to, medical records, baptismal certificate and other documents issued by religious authorities;
nor shall any entry involving change of gender corrected except if the petition is accompanied by a certification
issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex
change or sex transplant. The petition for change of first name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex of a person, as the case may be, 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 enforcements, 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.”

“SEC. 2. Definition of Terms. – As used in this Act, the following terms shall mean: SEC. 4. Section 8 of the Act is hereby amended to read as follows:

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“SEC. 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.

The fees collected by the city or municipal civil registrar or the consul general pursuant to this Act shall accrue to
the funds of the Local Civil Registry Office concerned or the Office of the Consul General for modernization of the
office and hiring of new personnel and procurement of supplies, subject to government accounting and auditing
rules.”

SEC. 5. Separability Clause. – If any provision of this Act shall at any time be found to be unconstitutional or
invalid, the remainder thereof not affected by such declaration shall remain in full force and effect.

SEC. 6. Repealing Clause. – Any laws, decrees, rules or regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.

Approved,