B. Cancellation and Correction of Entries (Rules of Court, Rule 108, Secs. 1–3; RA 9048, as amended by RA 10172)

Identity of names and surnames

In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion. (NCC, Art. 374)

In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:

• Add a middle name or the mother’s surname, or
• Add the Roman Numerals II, III, and so on. (NCC, Art. 375)

NOTE: No person can change his name or surname without judicial authority. (NCC, Art. 376)

Entries in the Civil Registry and Clerical Error Law (R.A. No. 9048, as amended)

The State created an exception to the general rules provided by Article 376 and 412 of the Civil Code, i.e. “No person can change his name or surname without judicial authority”, and; “No entry in a civil register shall be changed or corrected without a judicial order”, respectively.

Sec. 3, RA 9048. Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept, or with the nearest Philippine Consulates for citizens who are presently residing or domiciled in foreign countries.

Exceptions to the General Rule as Provided by Articles 376 and 412 of the Civil Code

• Correction of a clerical or typographical error

Defined as “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 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, status or sex of the petitioner [Sec. 2(3)]

Change of first name or nickname

• Grounds (Sec. 4, R.A. 9048)
• The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;
• The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by the first name or nickname in the community, or;
• The change will avoid confusion

Updated: RA 10172 permits administrative correction of an obvious clerical or typographical error in the day and month of birth or in sex, qualifying the passage’s categorical exclusion of sex (RA 10172, 15 August 2012).

Petition [Sec. 5, RA 9048].

The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths, setting forth the facts necessary to establish the merits of the petition, the petitioner’s competence to testify to the matters stated, and the particularly erroneous entry or entries which are sought to be corrected and/or change sought to be made, in three copies.

Documentary attachments:

• 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;
• At least two public or private documents showing the correct entry or entries upon which the correction or change shall be based, and;
• 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.

Procedure [Secs. 6-7, RA 9048]

• Petition is filed before the civil registrar or the consul general.
• The petition is placed in a conspicuous place for 10 consecutive days after finding it sufficient in form and substance.
• The civil registrar/consul general shall act on the petition and render a decision not later than five working days after completion of the posting and/or publication requirement, as applicable.
• If the petition were denied, the petitioner may appeal the decision to the Civil Registrar General or file the appropriate petition before the proper court.
• The civil registrar/consul general shall transmit a copy of the decision with records of the proceedings to the Office of the Civil Registrar General within five working days from the date of the decision.
• The civil registrar general shall exercise the power to impugn such a decision by objection on the ff grounds within 10 working days.
• Where the error is not clerical or typographical;
• Where the correction of an entry or entries is substantial or controversial as it affects the civil status of a person, or;
• The basis used in changing the first name or nickname of a person does not fall under Sec. 4
• If there were no objection, the decision shall become final and executory.
• If there were objection, the petitioner may seek reconsideration or file the appropriate petition with the proper court.

Penalties for violation of RA 9048 under Sec. 9

Generally:

• Imprisonment of not less than six years but not more than twelve years, or;
• A fine of not less than Ten Thousand Pesos (P10,000.00) but not more than One Hundred Thousand Pesos (P100,000.00); or
• Both

If the offender were a government official or employee, he shall suffer the penalties provided under civil service laws, rules, and regulations.

RA 10172 Correction of Error in Birthday and Sex

The state expanded the exception by including typographical or clerical error in the day and month in the date of birth or sex of a person appearing in the civil register to entries that do not need a judicial order to be changed or corrected.

New Exceptions Created

• Correction of the day and month in the date of birth
• Correction of the sex of a person

For Day and Month in Date of Birth and Sex:

• Earliest school record or earliest school document.
• Medical records.
• Other documents issued by religious authorities.