Persons: Arts. 74-233, Family Code; Adoption; Correction of Entry by LCR

RA 9048 was amended by RA 10172 providing the following: Republic Act No. 10172 AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is hereby amended to read as follows: “SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. – No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.” The NSO-OCRG issued this clarification, thus: We would like to reiterate that RA 10172 simply expanded the coverage of the correction of clerical or typographical errors in the civil register without judicial order as earlier provided for in RA 9048. Moreover, Section 1 of both laws stipulates that the authority to change or correct entries in the civil register is vested on the concerned city or municipal registrar or consul general. Thus, all petitions for the correction of clerical errors in the day and month in the date of birth or sex of a person as appearing in the civil register must be filed with the Local Civil Registry Office (LCRO) of the city or municipality or with the Office of the Consul General where the record containing the clerical or typographical error to be corrected is registered and not with the NSO. RA 10172 is a consolidation of Senate Bill No. 3113 and House Bill No. 4530 which aims to relieve the inconvenience of going through court proceedings from individuals with inaccurate entries in the day and month in the date of birth or sex in their civil registry documents.