Here’s more regarding RA 9048.
Make sure to read the first part of this blog material for a clearer understanding.
WHO MAY FILE THE PETITION?
Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.
A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of his first name.
Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of first name:
1. Owner of the record that contains the error to be corrected or first name to be changed
2. Owner’s spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected.
WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?
The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.
Basically, the petition must contain the following facts or information:
• Merits of the petition
• Competency of the petitioner
• Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first name
WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?
The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirements:
1. Certified machine copy of the certificate containing the alleged erroneous entry or entries
2. Not less than 2 public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.
3. Notice and Certificate of Posting
4. Certified machine copy of the Official Receipt of the filing fee
5. Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)
More info to come. 🙂