President Benigno Aquino III had signed the new law extending the power of local civil registrars to correct errors in birth certificates without any court order. Correcting errors in date of birth and gender in birth certificates no longer needs court approval.
Republic Act 10172, which was signed by the President last Aug. 19, amended several provisions of Republic Act 9048.
It extended the coverage of exemptions to requirement of judicial approval for correction on entries in the birth certificate.
Under the new law, the city or municipal registrar may correct clerical or typographical errors in the day and month of date of birth or gender without a court order.
The previous law did not include the entries on date of birth and gender among the exemptions on court approval requirement and only specified entries on first name and nickname in the civil register.
Apart from this, the new law also specified where the fees for corrections in the birth certificate should go.
“The fees collected by the city or municipal civil registrar or 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,” read Section 8 of RA 10172.
RA 10172 amended RA 9048 that exempted only the first name and nickname from court approval requirement.
Under the new law, the applicant must to submit an affidavit seeking correction of the erroneous entry in the birth certificate.
It must be supported by certain documents such as certified true copy of certificate containing the entry or entries sought to be corrected and two public or private documents showing the correct entry.
A certification from the appropriate law enforcement agencies that he has no pending case or no criminal record must also be submitted.
The petition for change of first name or nickname or correction of erroneous entry on birth date and gender must also be published at least once a week for two consecutive weeks in a national newspaper.
RA 10172 also allowed the local civil registrar to collect reasonable fees for any petition seeking to correct errors in birth certificates.
The law, signed last August 15, will take effect 15 days after publication in the Official Gazette or in at least two newspapers.
It is then advisable to go to the nearest NSO or Municipal Civil Registrar Office to seek consultation regarding any concerns.