Correcting Wrong Entries in Birth Certificates
There’s no question about the importance of birth certificates for Filipinos especially when it comes to the list of requirements for job applications and many other things. From the legal processes of identification of one’s true identity to allowing someone to cross borders, the birth certificate plays one of the most essential roles. So getting a complete, honest, and error-free Birth certificate is very important.
If you already have a Birth certificate then you are lucky since some of the Filipinos especially those who belong to the baby boomers generation where proper documentation was mostly ignored and was not given a priority.
Nowadays, mistakes made on Birth documentation in the past keeps on haunting those people whose Birth certificates were not properly checked. They can’t process papers that are essential for legal documentation because of incorrect inputs in their Birth certificates.
So to correct wrong entries in Birth certificates, discuss ways on how to correct it and save you from further headache.
Common Mistakes in Birth Certificates
Blurred Entries
If the record of the NSO contains blurred entries, then the Local Civil Registrar should provide a clearer copy of the Birth Certificate.
If both copies from NSO and Local Civil Registrar are blurred, then a petition to correct clerical error should be filed.
Wrong Spelling
If there are parts of a name that contain errors in spelling like the first name, middle name, and the last name then a petition for correction of clerical error should be filed.
Missing First Name, Middle Name, and Last Name
If any part of the name, be it the first name or last name is missing on a child’s birth certificate then, the concerned party should file a supplemental report to supply the missing entry.
Who Can File?
- Parents
- Owner of the record
- Owner’s spouse
- Brothers
- Sisters
- Grandparents
- Guardian
Other Person duly authorized by law or by the owner of the document sought to be corrected
If the owner of the record is a minor or physically or mentally incapacitated, the petition may be filed by his spouse or any of his children, parents, brothers; sisters, grandparents, guardians, or persons duly authorized by law.
No Middle Name
A. If Legitimate
There should be a supplemental report filed through an affidavit indicating that there is a missed entry in the registration and the reasons why there was a failure in supplying the required information in order to supply the missing entry. Supporting documents should be provided to show the name of the child
B. If illegitimate and acknowledged by the father
If the child is acknowledged by the father and his/her middle name is blank, a supplemental report should be filed to input the omitted middle name. The mother’s surname should be the entry for the middle name and the last name should be the father’s surname.
C. If illegitimate and not acknowledged by the father
If the child is not acknowledged by the father and his/her middle name is blank, the omitted middle name shall not be supplied anymore. The child will only have a first name and last name. His/her last name will be his/her mother’s surname. The child will not bear a middle name.
D. Different from the middle name entered in the birth certificate
There should be a petition for correction of the clerical error to be filed to correct the middle name if:
The last name of the mother in the birth certificate of the child is correct and the middle name of the child is wrong.
The last name of the mother in the birth certificate of the child is wrong and the middle name of the child is correct.
E. Middle Names of the child and the mother in the birth certificate are wrong
There should be a petition filed at the Regional Trial Court where the corresponding civil registry is located, to correct the middle name of the child and the last name of the mother in the birth certificate. This kind of error cannot be considered as clerical that can be solved or corrected administratively.
Be prepared for any document/s required by the lawyer to be presented during the petition which will show the correct middle name of the child.
F. Interchanged middle and last name
This error can be corrected by filing a petition for correction of a clerical error since this is considered an error encoding.
Who Can File?
- Parents
- Owner of the record
- Owner’s spouse
- Brothers
- Sisters
- Grandparents
- Guardian
Other Person duly authorized by law or by the owner of the document sought to be corrected
If the owner of the record is a minor or physically or mentally incapacitated, the petition may be filed by his spouse or any of his children, parents, brothers; sisters, grandparents, guardians, or persons duly authorized by law.
The said petition should be filed in the local civil registry of the city or municipality where the child is born.
G. For compound middle names like Dela Cruz, Quintos Deles, Villa Roman
The first letter of the middle name should be used as the middle initial. For Dela Cruz, the middle initial should be “D”. For Quintos Deles “Q”. For Villa Roman “V”.
H. Middle initial is entered in the birth certificate instead of the full middle name
A petition should be filed for the correction of a clerical error to correct the entry.
Who Can File?
- Parents
- Owner of the record
- Owner’s spouse
- Brothers
- Sisters
- Grandparents
- Guardian
- Other Person duly authorized by law or by the owner of the document sought to be corrected
If the owner of the record is a minor or physically or mentally incapacitated, the petition may be filed by his spouse or any of his children, parents, brothers; sisters, grandparents, guardians, or persons duly authorized by law.
Illegitimate Child Case
A. Born Before August 3, 1988
a. If acknowledged by both parents:
The child shall bear the surname of the father as his/her last name and his/her mother’s surname will be the child’s middle name.
b. If recognized by only one (1) parent:
The child shall use the surname as his/her last name of the recognizing parent
c. Child under the surname of the mother and acknowledged by the father through authentic writing:
The authentic writing executed by the father can be used as a basis for you to use his last name.
Who Shall File
- The child, if of age
- Mother
- Father
Where to File
- Civil registry office where the birth of the child is registered.
- If born abroad with the Consul of the Philippine Embassy where the child is born.
- In cases of children born abroad, the birth certificate shall be annotated by the PSA.
Supporting Documents
- Authentic writing
- Other supporting documents that would prove the paternity of the father over the child
B. Born After August 3, 1988
a. Birth certificate already registered and child is under the surname of the mother and the father executed an affidavit of acknowledgment:
The affidavit of acknowledgment executed by the father should be registered with the civil registry office where the birth of the child was registered. Since the surname being used is the surname of the mother, an Affidavit to Use the Surname of the Father (AUSF) should also be executed with the civil registry office where the birth is registered.
b. Birth certificate already registered and child is under the surname of the mother and a Private Handwritten Instrument (PHI) by the father is presented:
The PHI executed by the father should be the basis in order for you to use the surname of your father. Since the surname being used is the surname of the mother, an Affidavit to Use the Surname of the Father (AUSF) should also be executed with the civil registry office where the birth is registered.
c. A birth certificate is not yet registered and the father acknowledges the child at the back of the birth certificate or in a separate public instrument:
The child can already use the surname of the father as his/her last name.
C. First Name Special Case
a. If the child is born before 1993:
The first name “Baby Boy”, “Baby Girl”, “Baby”, “Boy” and “Girl” are considered as if the first names were omitted, hence these are cases falling under the procedure of supplemental report.
b. If the child is born 1993 onwards:
In 1993 onwards the “Baby Boy”, “Baby Girl”, “Baby”, “Boy” and “Girl” are already considered as a first name and can be corrected by filing a petition for change of the first name
Who Can File?
- Parents
- Owner of the record
- Owner’s spouse
- Brothers
- Sisters
- Grandparents
- Guardian
- Other Person duly authorized by law or by the owner of the document sought to be corrected
If the owner of the record is a minor or physically or mentally incapacitated, the petition may be filed by his spouse or any of his children, parents, brothers; sisters, grandparents, guardians, or persons duly authorized by law.
Where to File
If born in the Philippines:
A supplemental report should be filed in the local civil registry of the city or municipality where the child was born or where the birth is registered. Just in case the petitioner has already transferred to another place within the Philippines, the petition can be filed in the city or municipality where the petitioner is currently residing.
If born abroad:
The petition should be filed in the Philippine Consulate where the birth is reported.
Supporting Documents
- Certified machine copy of the birth record containing the entry to be corrected;
- Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook;
- Notice/Certificate of Posting;
- Payment of three thousand pesos (P3,000.00) as the filing fee. For petitions filed abroad a fee of $150.00 or equivalent value in local currency shall be collected;
- Other documents which may be required by the concerned civil registrar;
- NBI/police clearance, civil registry records of ascendants and other clearances as may be required by the concerned civil registry office;
- Proof of publication
More than ever we need to make sure that our legal documents, especially our Birth certificate contains no errors or we will definitely suffer big time since we will have to correct it and follow all the long procedures to change the errors in our Birth certificate. A little mistake on our names means disqualification on our part if we are applying for a visa. Having the correct and complete details on our birth certificate is crucial for our livelihood. – Karie | Helpline PH
Source: PSA
