The birth certificate is one of the important documents required when you go to school, apply for work or apply for a Philippine passport. This document provides all the pertinent information of an individual.
But, what if you found out some erroneous entries in your birth certificate? Many people believed that correcting errors can cost big amount of money not to mention the hassle of seeking legal assistance.
Fortunately, there are easy solutions that you can employ corresponding to some basic erroneous entries in your birth certificate.
In case that the record given by the NSO is blurred, you can request for a copy of your birth certificate from the local civil registrar with clearer entry.
If the record of both the civil registry and NSO are not clear, you can file a petition to correct clerical errors.
An individual is allowed to file a petition to correct any clerical error especially if the first, middle and last name was spelled incorrectly.
No First Name, No Middle Name, No Last Name
If such important information doesn’t appear in the birth certificate, you can file a supplemental report for the missing entry.
Special cases No Middle Name:
- For legitimate child
The parent of the child may file a supplemental report or an affidavit specifying the missed entry in the birth certificate. You’ll also be required to provide the reasons regarding the failure to provide the required information.
- If illegitimate, but acknowledged by the father
If an illegitimate child was acknowledged by the father, but the middle name is omitted, the solution would be to file a supplemental report for the omitted entry. The child will use the last name of the mother as the middle name.
- If an illegitimate child is not acknowledge by the father
If the father of an illegitimate child does not acknowledge affiliation, the child will only bear the given name and the mother’s surname. There’s no need to use middle name.
- Different from the middle name indicated in the birth certificate
A petition should be filed to correct the clerical error pertaining to the middle name.
This is applicable in cases in which the middle name of the child doesn’t match with the surname of the mother.
- Incorrect middle names of both the mother and the child
If the middle names of both the mother and the child in the birth certificate are incorrect, you can file a petition at the Regional Trial Court where the civil registry is located. Such error should be corrected administratively as it is not considered as clerical error.
A lawyer may require the petitioner to secure the necessary documents that will support the petition.
- Interchanged last and middle name
It is just a clerical error and can be corrected without going to court. You’ll only need to file a petition to correct clerical error.
- For compound middle names
The person shall use the first letter of the compound middle name. For example, if the middle name is Dela Cruz, the person will use the middle initial “D”.
If a child was born before August 3, 1988, he or she will bear the surname of the father only if the child is acknowledged by both the father and mother.
The child shall use the surname of the parent who acknowledged him or her.
If a child has been using the last name of the mother yet acknowledged by the father in an authentic writing, the child has the right to use the last name of the father.
For those who were born after August 3, 1988;
If the child is using the mother’s last name, but the father wants to acknowledge the child, the father should file an Affidavit to Use the Surname of the Father in the civil registry where the birth certificate was registered earlier.
The Private Handwritten Instrument presented by the father can be the basis allowing the child to use the last name of the father.
If the birth certificate of the child is not yet registered, but there is an acknowledgment of the father at the back of the document, the last name of the child should be the father’s surname.
First name using “Baby Girl” or “Baby Boy”
A child using the first name cited above and who was born before 1993, the first name will be considered as omitted and requires supplemental report.
For those who were born in 1993 onwards, “Baby Boy” and the likes are considered as first name and petition to correct or change the first name should be filed.
Who Can File
The person who can file a petition is the owner of the birth certificate or any representative. The spouse of the owner, children, parents, sisters, brothers, guardian, grandparents and other person authorized by the owner or by the law are allowed to file the petition. This is applicable if the owner is minor or incapacitated.
Where to File
The petitioner shall file the petition in the civil registry office where the document is registered.
If the petitioner was born abroad, he or she can file at the Philippine Consulate Office.
The petitioner shall bring the necessary supporting documents including:
- Certified machine copy of the birth certificate
- Two public or private documents such as voter’s affidavit or baptismal certificate
The civil registrar may require other documents. Indigent petitioner is exempted to pay a filing fee.