Republic Act No. 10172

Republic Act No. 10172

Republic of the Philippines
Congress of the Philippines
Metro Manila

Fifteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

[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 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:

“SEC. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

(1) xxx xxx

(2) xxx xxx

(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, 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 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.”

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 to before any person authorized by 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.

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. 4. Section 8 of the Act is hereby amended to read as follows:

“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,

(Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 3113 and House Bill No. 4530 was finally passed by the Senate and the House of Representatives on May 30, 2012 and June 5, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives

(Sgd.) EMMA LIRIO-REYES Secretary of the Senate

Approved: AUG 15 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Published on the Philippine Star and Manila Bulletin on August 24, 2012.

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