Dear PAO,
My sister is set to retire next year, but it was only recently that she learned about the error in her date of birth. She was born on April 20, 1965. As far as she knows, all of her records state that date as her date of birth. But when she got hold of the certified copy of her birth record, it stated “May 20, 1965.” From what we have gathered, May 20, 1965 is her date of baptism. Our parents were able to save pictures of her baptism with dates on them, because old photos usually have dates on the pictures. She was also able to get a copy of her baptismal certificate, showing that May 20, 1965, was the date of her baptism. While she was told that she can have the erroneous date on her birth certificate corrected without having to go to court, she is being required to present a clearance of no pending case and to have the petition published. Are those requirements really lawfully necessary?
Emerenciana

Dear Emerenciana,
As a general rule, entries in the civil register may only be changed or corrected through a judicial order. However, laws, such as Republic Act (RA) 9048, which was thereafter amended by Republic Act 10172, permit certain changes and corrections of entries in the civil register without having to file a petition in court. To be precise, RA 9048, as amended, provides:

“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.”
In the situation of your sister, she may file her petition for correction of the month of her birth before the civil registry of the city or municipality, or the Philippine Consulate, where her birth record was registered. If she has migrated to another place within the Philippines and it is not practical for her to appear before the city/municipality civil registry of the place of her birth, the petition may be filed in the place where she is presently residing or domiciled. (Section 3, RA 9048)

It bears stressing that the publication of the petition and the submission of a clearance certificate showing that your sister has no pending case or any criminal record are essential. Section 5 of RA 9048, as amended, expressly provides:
“SEC. 5. Form and Contents of the Petition.

“x x x
“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 enforcement agencies that he has no pending case or no criminal record. x x x” (Emphasis supplied)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]