Implementing Rules and Regulations for Clerical Corrections in Date of Birth and Sex in the

Civil Registry

The Office of the Civil Registrar General of the National Statistics Office promulgated
Administrative Order No. 1 series of 2012 (AO 1) on October 24, 2012. The AO implements the
provisions of Republic Act 10172, the amendatory law to Republic Act 9048, and supplements
Administrative Order 1 series of 2001, which, in turn, implements RA 9048. Both statutes
provide a means of correcting erroneous entries in the civil registry without need of judicial
action.

Prior to RA 10172, RA 9048 allowed changes in a person’s first name or nickname as well as
corrections to typographical entries through an administrative petition to the local civil registry
or the consul-general. RA 10172 expands RA 9048 and expressly allows corrections to entries
concerning a person’s date of birth or sex. More specifically, the law amended Sections 1, 2, 5
and 8 of RA 9048, which respectively defined the scope of the powers of the civil registry, the
terms used in the Act, the form and contents of the petition and the authority to charge fees for
the correction.

Only clerical or typographical errors are allowed to be corrected. For substantial amendments
to any entry in the civil registry, except for change of first name or nickname, an adversarial
proceeding under Rule 108 of the Rules of Court is still required. These include petitions to
change nationality, age or status. Under the act, clerical or typographical errors are “harmless
and innocuous…visible to the eyes or obvious to the understanding, and can be corrected or
changed only by reference to other existing record or records.”

As in RA 9048, a sworn affidavit with relevant supporting documents is required for the petition.
These documents shall include a certified true copy of the certificate containing the erroneous
entry and at least two public or private documents containing the entries on which the civil
registry will base its correction. The AO also requires publication of the petition once a week for
two consecutive weeks, the affidavit of publication and a copy of the newspaper clipping, a
certification that petitioner has no pending administrative, civil or criminal case or criminal
record from the NBI, PNP and petitioner’s employer, if any, and submission of the petitioner’s
school records or school documents such as “medical records, baptismal records and other
documents issued by religious authorities” if the entry to be corrected pertains to the date of birth
or sex of a person. Moreover, if the entry sought to be corrected pertains to gender, the law, and
the AO also requires a certification by a government physician that petitioner has not undergone
sex change or transplant. The Act also allows the city or municipal registrar to require other
documents to support the petition.

The petition must be filed in triplicate in the local civil registry in which the erroneous entry was
registered. If one is currently living outside the Philippines or is residing in the Philippines but
far from the civil registry where the entries are registered, then the petition may be filed with the
consul-general or the local civil registry of the place where petitioner is currently residing.

A stricter rule is imposed for petitions concerning changes in the entry as to sex. The IRR
requires personal filing of the petition with the city or municipal civil registry or consulate where
the record to be corrected is registered.

Under the AO, the civil registry may collect PhP3,000 for every petition. Only indigent
petitioners are exempt from payment. Indigency may be proved by a certification to that effect
from the city or municipal social welfare office. If the petition is filed with the consul-general, a
filing fee of USD150, or its equivalent, may be collected. Migrant petitions, or those filed with a
civil registrar other than the one where the entries are registered, shall be charged an additional
service fee of PhP1,000. A petition that includes corrections under both RA 9048 and RA 10172
will only be charged a single filing fee of PhP3,000.

While errors in the date of birth is now correctible administratively, the IRR clarifies that it
excludes corrections to the year of birth since the law still does not allow administrative
corrections to entries pertaining to age. In relation to the medical certification required for
changes in entries of a person’s sex, the IRR requires that the physician issuing such a
certification must be registered with the Professional Regulations Commission and employed in
a government hospital, public health office or health institution.

The petition may be filed by the owner of the record sought to be corrected or by his or her
representative, namely a spouse, child, parent, sibling, grandparent, guardian or other person
authorized by the owner or by law. Petitions on behalf of a minor or incapacitated person may be
brought by these same representatives.

Finally, while the AO generally adopts the procedures for processing, posting and publishing the
petition as well as the duties of the civil registrar and the civil registrar general outlined under
AO 1 series of 2001 for petitions under RA 9048, it adds to the duties of the Civil Registrar by
requiring it to issue a certification as to the authenticity of the medical certification to be issued
by the accredited government physician in cases where the petition relates to changes in the entry
on sex. This requirement was not provided for by law, prompting a petition by the local civil
registrar of Quezon City for the issuance of a temporary restraining order (TRO) against the
implementation of the IRR on this issue. The petition also claims that the provision requiring
local governments (LGUs) to ratify the fees imposed under the AO unduly restricted the
authority given by law to the civil registrar to impose fees under the Act. Finally, the petition for
TRO also claims that the AO was issued without consultation with the association of local civil
registrars. The Regional Trial Court of Quezon City denied the prayer for a TRO last December
and the IRR remains effective as of this writing.
Republic Act No. 10172 Implementing Rules and Regulations

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE

IMPLEMENTATION OF REPUBLIC ACT NO. 10172 (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 Act Numbered Ninety Forty-
Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General
(OCRG) hereby promulgates the following rules and regulations of Republic Act
No. 10172 which was approved on August 15, 2012 for the information, guidance
and compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO)
through the OCRG to carry out and administer the provisions of Act No. 3753
otherwise known as the “Civil Registry Law”.    

This Order shall be suppletory to Administrative Order No. 1, Series of 2001

(Implementing Rules and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No.
9048.  Section 1 of this Amendatory Law provides, “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 (C/MCR) or consul
general in accordance with the provisions of this Act and its implementing rules
and regulations.”

IMPLEMENTING RULES AND REGULATIONS

Rule 1.  Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws,
including the Consul General, are hereby authorized to correct clerical or
typographical errors in the day and month (date of birth) or sex of a person in the
civil register for birth.    

Rule 2.  Definition of Terms

As used in these rules, the following terms shall mean:

2.1.  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 on the entry of day and month in the date of birth or the sex of the
person, 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
(refers to the correction on the year of birth), or legitimacy status of the
petitioner/document owner.

2.2. Sex – Refers to the biological and physiological characteristics that define men
and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or day of birth
of the petitioner/document owner which is sought to be corrected. 

2.4. Accredited Government Physician – Refers to a licensed doctor of medicine

who is registered with the Professional Regulations Commission (PRC) and is 
employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the accredited

government physician attesting to the fact that the petitioner/document owner has
not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a
clerical or typographical error in the day and/or month in the date of birth of a
person in the civil register for birth, may file the petition.
A person is considered to have direct and personal interest when he is the owner of
the record, or the 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; Provided; however, that when a person is a
minor or physically or mentally incapacitated, the petition may be filed on his/her
behalf by his/her spouse, or any of his/her children, parents, brothers; sisters;
grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition with the civil
registry office where the birth certificate is registered.

Rule 4.  Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or
month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or
the Philippine Consulate, as the case may be, where the birth record containing the
day and/or month in the date of birth to be corrected is registered.

When the petitioner has migrated to another place within the Philippines and it is
not practical for such party, in terms of transportation expenses, time and effort to
appear before the C/MCR of the place of birth, the petition may be filed with the
C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the
Philippines, the petition may be filed with the C/MCR of the place of residence
following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any
Philippine Consulate, but who is presently residing or domiciled in a foreign
country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or
municipality or the Philippine Consulate, as the case may be, where the record
containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5.  Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall

be observed. 

Rule 6.  Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be

observed. In addition, as supporting documents to the petition, the following shall
be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious authorities;
6.4. A clearance or a certification that the owner of the document has no pending
administrative, civil or criminal case, or no criminal record, which shall be
obtained from the following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.

6.5. The petition for the correction of sex and day and/or month in the date of birth
shall include the affidavit of publication from the publisher and a copy of the
newspaper clipping; and
6.6. In case of correction of sex, the petition shall be supported with a medical
certification issued by an accredited government physician that the petitioner has
not undergone sex change or sex transplant.

Rule 7.  Posting and publication of the petition.

Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be

observed.

Rule 8.  Duties of the C/MCR

Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall

be observed.
In addition, the C/MCR shall issue a certification on the authenticity of the
certification issued by the accredited government physician certifying that the
petitioner/document owner has not undergone sex change or sex transplant.

Rule 9.  Duties and powers of the CRG

Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall

be observed.

Rule 10.  Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three thousand
pesos (P3,000.00) for petition to correct the day and/or month in the date of birth
or sex. An indigent petitioner shall be exempt from paying the required payment,
provided that the petition is supported by a certification from the City/Municipal
Social Welfare Office that the petitioner/document owner is indigent.

In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S.
dollars ($150.00) or its equivalent value in local currency for the correction of
clerical or typographical error is required.

In the case of a migrant petition, there shall be a service fee of one thousand pesos
(P1,000.00) to be collected by the PRCR.

When a petitioner/document owner files petition for correction of clerical error

under R.A. 9048, simultaneously, with a petition for correction of clerical error
under R.A. 10172, and the same document is involved, the petitioner/document
owner shall pay only the amount of P3,000.00 corresponding to the fee under R.A.
10172.

All fees collected by the C/MCR or the consul general pursuant to this Law 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.

The local legislative body shall ratify the fees herein prescribed upon effectivity of
this Order.  Prior to ratification by the local legislative body, all fees collected in
connection with this Order shall go to the LCRO trust fund, provided, however,
that the fees prescribed therein shall be uniform in all cities and municipalities in
the country, and in all Philippine Consulates.

Rule 11.  Retroactivity clause

This Order 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.

Rule 12.  Separability clause

If any portion or provision of this Order is declared void or unconstitutional, the

remaining portions or provisions thereof shall not be affected by such declaration.

Rule 13.  Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof inconsistent with
the provisions of this Order are hereby repealed or modified accordingly.

Rule 14.  Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two newspapers of general circulation.

Approved this 24th day of October 2012.

 

CARMELITA N. ERICTA
Civil Registrar General