Clerical Error Law

Don’t you just hate it when you discover a typo error in your son’s or daughter’s birth certificate especially when an urgent requirement comes up? Previously, one had to go through court proceedings in order to correct one misspelled word or even just one letter. But with the passage of the Clerical Error Law (RA 9048), changes involving spellings in the first name of a person can be done directly by the Civil Registry where the birth, marriage or death certificate is recorded. The law, however, does not cover changes in sex, age, nationality and status of a person.

7 thoughts on “Clerical Error Law

  1. erbie

    my name in my daughter’s bcert was misspelled..if i will to correct it do i have to pay for a fee?

    Reply
    1. Atty. Post author

      Erbie: Yes, if the misspelling is due to clerical error and not an entirely different surname, then you may go to the Civil Registry where your daughter’s birth certificate was recorded and apply for the correction under RA 9048. There are fees for the procedure, amounting to a little more than a thousand pesos.

      Reply
  2. Em

    Good afternoon,
    My father’s middle name is only an initial in my birth certificate, and it’s also the wrong initial. is that covered by this as well?

    Reply
    1. Atty. Post author

      Em: Yes, I believe so, since the correction of your father’s middle initial will not affect your status, age or nationality and you can easily prove a mistake in typing or clerical error.

      Reply
      1. Em L*************

        Good morning. Thank you for your prompt reply!🙂 More power to you.]

  3. A. D.

    Hi, on my daughter’s birth certificate, the date of our marriage is wrong. How can I correct this typo? Thanks.

    Reply
    1. Atty. Post author

      A.D.: If changing the date of marriage will affect the status of the child, i.e. make the child legitimate, instead of legitimated, or vice versa, then you may have to ask the civil registrar which application process you need to follow. If the change in the date of marriage will not affect the child’s status, then go to the civil registry where your child’s birth certificate is recorded and file a correction of entry, showing the certificate of marriage as proof of the correct date of your marriage. Submit all other documents required by the civil registrar.

      Reply

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