Laws & Jurisprudence
CHANGE OF NAME
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In the Philippines, change of name is not a matter of right but a mere privilege accorded by the state. A person can be authorized by judicial or administrative authority to change his name appearing on his or her birth certificate if he has shown a valid, reasonable, and compelling reason which justifies such change.
Republic
Act No. 10172, amended Republic
Act No. 9048, particularly Section 1 thereof and now allows the concerned city or municipal civil registrar or consul general to change or correct without a judicial order,
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.
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.
Made Simple Steps TO APPLY
FOR A CORRECTION?
1.
Prepare an AFFIDAVIT which must
a. State facts necessary to establish the merits of the petition and shall
show affirmatively that the petitioner is competent to testify to the matters
stated.
b. State the particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made, and
c. Subscribed and sworn to before any person authorized by law to
administer oaths.
2.
Submit SUPPORTING DOCUMENTS
a. A certified true machine copy of the
certificate or of the page of the registry book containing the entry or entries
sought to be corrected or changed;
b. At least two (2) public or private documents
showing the correct entry or entries upon which the correction or change shall
be based;
c. Certification from the
appropriate law enforcements, agencies that the petitioner has no pending case
or no criminal record.
d. Other documents which the petitioner or the
city or municipal civil registrar or the consul general may consider relevant
and necessary for the approval of the petition.
3. PAYMENT OF FEES
a. The
city or municipal civil registrar or the consul general shall be authorized to
collect reasonable fees as a condition for accepting the petition. However, an
indigent petitioner is exempt from the payment of the said fee.
4. PUBLICATION
a. The petition shall be published at least once
a week for two (2) consecutive weeks in a newspaper of general circulation.
The
petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows:
1. First
copy to the concerned city or municipal civil registrar, or the consul general;
2. Second
copy to the Office of the Civil Registrar General; and
3. Third
copy to the petitioner.”
A petition for correction of erroneous entry
concerning the date of birth or the sex of a person should be accompanied by earliest
school record or earliest school documents such as, but not limited to,
1. medical records,
2. baptismal certificate, and
3. Other documents issued by religious
authorities.
Any entry involving change of gender must be
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 author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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