Aside from this article about correction, read also: CERTIFICATE OF AUTHENTICATION IN LIEU OF NOTARIZATION OF ARTICLES OF INCORPORATION
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Under the old rules, a case must be filed in court for the correction of clerical errors in the Certificate of Live Birth
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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
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Clerical or typographical errors may now be corrected without filing a case in court
Mommying is amazing. Interestingly, many babies were named after Kobe or Gianna this year 2020.
To quote Ms. Lucy Robinson of babycenter.com, “Baby names are always a mirror of the times. Changes in the 2020 list reflect a year of loss and political divisiveness. Kobe shot up 175% after Kobe Bryant, one of the greatest basketball players of all time, lost his life in a tragic helicopter accident alongside his 13-year-old daughter, Gianna (up 216%)”.
Also, in a case decided by the Supreme Court which is penned by Associate Justice Marivic M.V.F. Leonen, it states:
“Names are labels for one’s identity. They facilitate social interaction, including allocation of rights and determination of liabilities. It is for this reason that the State has an interest in one’s name.
The name through which one is known is generally, however, not chosen by the individual who bears it. Rather, it is chosen by one’s parents. In this sense, the choice of one’s name is not a product of the exercise of autonomy of the individual whom it refers.
In view of the State’s interest in names as markers of one’s identity, the law requires that these labels be registered. Understandably, in some cases, the names so registered or other aspects of one’s identity that pertains to one’s name are not reflected with accuracy in the Certificate of Live Birth filed with the civil registrar.”
To accurately reflect the name so registered or other aspect of one’s identity, should one go to court?
The law says:
It depends.
If the change being sought is merely a clerical or typographical error, one may correct said error or entry in the Certificate of Live Birth without filing a case in court under Republic Act No. 10172 which amended Republic Act No. 9048 . Otherwise, if the error reflects substantial change when corrected, it must be done through the filing of the necessary petition in court. Thus, it is important to be knowledgeable of what a clerical or typographical error means.
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 and 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. However, if the correction involves the change of nationality, age, or status, it must be done through the courts.
For a better understanding, let us take the history of correcting entries in the Certificate of Live Birth.
Under the old rules, a person would have to file a case in court for substantial changes in the given name or surname, or for corrections of clerical errors provided they fall under any of the valid reasons recognized by law. Such filing of a case in court is understandable and justified to prevent fraud and allow other parties concerned who may be affected by the change of name, to oppose the matter, as decisions in these proceedings bind the whole world.
However, with the passage of Republic Act No. 9048, clerical errors and change of names may now be corrected without going to a court. Such can be done by filing the necessary petition to the city or municipal civil registrar or consul general concerned.
In 2012, Republic Act No. 9048 was amended by Republic Act No. 10172. In addition to the change of the first name, the day and month of birth, and the sex of person may now be changed without filing a case in court. Republic Act 10172 clarifies that these changes may now be administratively corrected where it is patently clear that there is a clerical or typographical mistake in the entry. Take note, correction of clerical or typographical errors may now be done by filing a subscribed and sworn affidavit with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.
What if a person had in fact undergone the procedure of sex reassignment surgery, can said person have his or her name and sex in the birth certificate be changed to reflect the corresponding changes? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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