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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
“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 R.A. No. 10172 and its implementing rules and regulations.” (Section 1, R.A. No. 10172)
Prior to the enactment of Republic Act No. 9048 or the Clerical Error Act, the rule was that “no entry in a civil register shall be changed or corrected, without a judicial order.” (Art. 412, New Civil Code). However, upon the passage of the Clerical Error Act, as amended by Republic Act No. 10172, provided for the administrative correction of certain entries in the Civil Register, including entries in birth certificates.
The law says:
Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located. (Section 1, Rule 108, Rules of Court)
At the moment, a person who seeks to correct clerical or typographical errors in their first name, sex, place and month of birth may file a petition for correction of clerical or typographical errors.
The law says:
“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.” (Section 1, R.A. No. 10172)
What is a ‘clerical’ or ‘typographical error’?
The law says:
‘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. (Section 2, par. 2, R.A. No. 10172)
Jurisprudence says:
Clerical or typographical errors in entries of the civil register are now to be corrected and changed without need of a judicial order and by the city or municipal civil registrar or consul general. The obvious effect is to remove from the ambit of Rule 108 the correction or changing of such errors in entries of the civil register. Hence, what is left for the scope of operation of Rule 108 are substantial changes and corrections in entries of the civil register. (Marcelo Lee v. Court of Appeals, G.R. No. 118387, October 11, 2001)
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