RA 10172

This is good news for me! Finally, the problem with my birth certificate will be easily solved.

I found out that my gender was marked incorrectly during my last year in the university. I was surprised when I noticed that instead of female, the box corresponding MALE had been marked when I requested a copy from the National Statistics Office.

Well, before I requested a copy from the NSO, I doubted that there really was something wrong with my birth certificate. I noticed in its civil registry copy that the box which corresponds MALE had been marked with “x” but it was erased, and a bigger “X” was marked on the FEMALE. I told my parents about it but they assured me that it was already corrected at the time that they submitted to the Civil Registry Department. But after several years, the problem that I have been dreading has finally come.

I was so disappointed. This error had caused me a lot of problems and missed opportunities. Had the school registrar noticed it, my Transcript of Records wouldn’t be released unless it’s corrected. I wasn’t able to go abroad. Not only that, I missed the chance of taking the Licensure Examinations for Teachers right after I graduated. I only had a chance to take the LET by producing a fake copy of my birth certificate last 2010. I knew it was wrong, but what else can I do? Our CEO announced that our company would stop its operation by January 2011, where would I go? It was not to justify what I’ve done but I am pretty sure that there were a lot of people who do the same thing.

RA 9048 or “Clerical Error Law” is “an Act Authorizing the City or Municipal Civil Registrar or the Consul General to correct a clerical or typographical error in an entry and/or change of first name or nickname in the Civil Register without need of a Judicial Order, amending for this purpose Articles 376 and 412 of the Civil Code of the Philippines.

Article 376 states that “No person can change his name or surname without judicial order” whereas Article 412 “no entry in the civil register shall be changed or corrected without judicial order.”Before the implementation of RA 9048, these are being followed. It means any misspelled word or information on your birth certificate would give you a lot of problems. You had to wait for a long time, shell out big amount of money for lawyer’s fee and other fees. A simple misspelled name would cost you a lot. For example, you have been using “Annaliza” for a long time, but you found out that the one which was registered in the National Statistics Office is “Ana Liza”.  Thanks to RA 9048, you didn’t have to endure too much pain because the fees are lower and the process is shorter than before.

We should take note that, however, this law is only applicable for misspelled name (surname and middle name included). For those whose name, place of birth and date of birth had been misspelled, Articles 376 and 412 shall apply.

RA 9048 scope and limitations

I was those among the thousands who were unlucky since I had to go to the town or province where I was born to file a petition for correction of entries. Again, this would be troublesome for me since I work in Manila and I had to travel to Misamis Oriental. My work attendance and salary would be compromised and if that happened, I wouldn’t have enough money to finance the case. Based on www.census.gov.ph, these WERE the procedures to be undertaken:

It was so troublesome, wasn’t it? Thanks to RA 10172, now, I only have to save money and file for a few days leave to go to the province and request for correction of entry. I just have to ask my relatives to follow up on my request and send the new birth certificate through mail or request the NSO for a copy once it’s finished. I think this is one of the proofs that “good things come to those who wait”. (Ha! Ha! Ha!)

Thank you!
http://www.lawphil.net/statutes/repacts/ra2001/ra_9048_2001.html
The Philippine Star (August 25) online