There are certain birth certificate errors that need the services of a lawyer and must undergo court proceedings. These cases will be determined by the Local Civil Registry office that will evaluate the error in your birth certificate. Remember, before any correction or petition can be filed or applied to your birth certificate, the LCR must first review your documents. So the only group that could advise you if you need to escalate your birth certificate issue to the courts is the LCR.
What is the process of correcting a birth certificate entry through Judicial Correction?
- Contact a lawyer who will prepare the Petition for Correction of Entry.
- Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the petition in the Regional Trial Court is P160.00.
- The Petition will be raffled and assigned to a branch of the Regional Trial Court.
- The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general circulation for three consecutive weeks. Fee for publication varies.
- The Order must contain the date of the first hearing.
- During the first hearing, the lawyer will present compliance of the jurisdictional requirements like the publication of the Order in a newspaper of general circulation.
- After establishing compliance with jurisdictional requirements, the petitioner will be presented in court to testify. The court may assign the Clerk of Court to receive evidence.
- During the hearing, it is possible that opposition may appear contesting the petition. If no opposition appears, the Clerk of Court will receive the petitioner’s evidence.
- After the presentation of evidence, the Court will rule on the Petition.
- If the decision is favorable, the Court will order the Office of City Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner).
The corrections are likely to be applied to your birth certificate after several months or even a year, depending on how complex the case is. It is best that you find a good and diligent lawyer who will keep track of your case’s progress in court.