Through Republic Act. No. 9048 the Municipal Civil Registrar are given Authority to correct clerical or typographical errors and change of first name or nick name without judicial order.
ANYBODY WHO HAS ERRONEOUS ENTRIES IN THEIR BIRTH CERTIFICATES, MARRIAGE CERTIFICATE AND DEATH CERTIFICATES CAN NOW FILE A PETITION FOR CORRECTION OF CLERICAL ERRORS AND CHANGE OF FIRST NAME OR NICK NAME.
SUPPORTING PAPERS FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR
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:
Certified machine copy of the certificate containing the alleged erroneous entry or entries.
For the petitioner to exactly point out the alleged clerical error in his record, it is necessary that he should attach to his petition a copy of such record. This supporting document shall serve also as an evidence that the vital event was registered, and that the alleged clerical error is in a civil registry document and not elsewhere. The certificate may be requested from the LCRO where the vital event was registered. In a case where the LCRO does not have the certificate anymore, the same shall be requested from the OCRG. In an extreme case where both LCRO and the OCRG do not have copy of the needed certificate, a machine copy of the page of the registry book containing the alleged clerical error shall be requested from the LCRO. In no case shall a petition be accepted without this supporting document.
Not less than 2 public or private documents upon which the correction shall be based
Section 5(2) of R.A. No. 9048 and Rule 8.1.2. of Administrative Order No. 1, S. 2001 require the submission of at least 2 public or private documents showing the correct entry or entries upon which the correction or change shall be based. This is a minimum number, hence, the petitioner can submit as many public or private documents to support his petition. Examples of these documents are the following:
- Baptismal certificate
- VoterÂ’s affidavit
- Employment record
- GSIS record
- SSS record
- Medical record
- Business record
- School record
- DriverÂ’s license
- Civil registry records of ascendants
- Land Titles
- Certificate of Land Transfer
- Bank Passbook
- NBI/Police Clearance
- And others
Notice or certification of posting
Posting of the petition is required under Section 6 of R.A. No 9048 and Rule 9 of Administrative Order No. 1, S. 2001.
At the time of submitting the petition to the C/MCR, this supporting document is not available yet. It will become available ten (10) days after the acceptance of the petition by the C/MCR. The petitioner need not worry about this supporting document as it will be attached to the petition by the concerned C/MCR after the lapse of the ten-day posting period.
Depending on the nature of the clerical error to be corrected, the petitioner may submit other relevant documents to the C/MCR to further ensure the approval of his petition. On the other hand, the C/MCR may also require other documents in addition to what had already been submitted by the petitioner.
SUPPORTING PAPERS FOR CHANGE OF FIRST NAME
No Petition for change of first name shall be accepted unless the petitioner submits the following required supporting papers.
All documents, which are required to be submitted by the petitioner for the correction of clerical error, shall be submitted also by the petitioner for change of first name.
Clearance from authorities
Those with criminal record or those with pending administrative civil or criminal case are prohibited from changing their first name.
In relation to Article 376 of the Civil code which provides that no person can change his name or surname without judicial authority. Justice E. Paras cited several cases in his book:
No person can change his name or surname without judicial approval. This is particularly true when he has a criminal record, in which case he obviously desires to obliterate said unsavory record. The mere fact that he has for a time been using a different name and has become known by it, does not, of itself constitute proper and reasonable justification to legally authorize a change of name for him (Ong Peng Oan vs. Republic, 102 Phil. 468; Ong Te vs. republic, L-15549, June 30, 1962).
If there are prior criminal convictions, it is the courtÂ’s duty to consider carefully the consequences of the change of name, and to deny the same unless weighty reasons are shown. The state indeed has an interest in the names borne by individuals and entities for the purpose of identification; and it is a legal truism that a change of name is a privilege, and not a matter of right (Ong Peng Oan vs. republic, 102 Phil. 468).
Therefore, a petitioner for change of first name shall be required to submit clearances from the following authorities:
- Employer, if employed
- National Bureau of Investigation
- Philippine National Police
- Other such clearances as may be required by the concerned C/MCR
In a case where the petition is filed on behalf of another person, the clearances to be submitted shall not be for the petitioner but for the person being represented by the petitioner. If the person represented is a minor aged less than 15, such clearances shall be complied with only if required by the C/MCR.
Proof of publication
The petition for a change of first name is required to be published in a newspaper of general circulation at least once a week for two (2) consecutive weeks. Failure to publish the petition could mean denial or disapproval of the petition. As proofs of the publication, the petitioner is required to submit the following:
- Affidavit of publication from the publisher
- Copy of the newspaper clipping