In the Philippines, the birth certificate is one of the most essential documents used in various transactions. From applying for licenses, valid IDs (primary or secondary), and official documents for school or employment, a birth certificate is indeed a pre-requisite.
A PSA birth certificate, formerly known as NSO birth certificate, serves as proof of identity and citizenship. It is issued by the the Philippine Statistics Authority (PSA), formerly known as the National Statistics Office (NSO).
Having a birth certificate gives you a ticket to have access on various transactions, however, errors in PSA birth certificate, such as incorrect spelling, wrong birth dates, or missing details, can cause significant problems when applying for a passport, getting married in the Philippines or abroad, or processing government transactions. If you’ve discovered an error in your PSA birth certificate, you don’t have to worry because there are remedies or ways to correct these mistakes. This article will guide you on how to process the correction of your birth certificate effectively.
Common Errors in a PSA Birth Certificate
Error in PSA Birth Certificate
Errors in a PSA birth certificate generally fall into two categories:
Clerical or Typographical Errors – These involve minor mistakes such as misspelled names, incorrect gender, or wrong birthdates that do not affect civil status, nationality, or other substantial personal details.
Substantial Errors – These involve major corrections, such as changes in the birth year, legitimacy status, or parentage details.
Administrative Correction of Errors in PSA Birth Certificate
Correction of Clerical or Typographical Error under RA 9048
The Republic Act No. 9048, otherwise known as “An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Civil Register Without Need of a Judicial Order”, allows the local civil registrars to correct minor clerical errors without the need for a court proceeding.
A clerical error is a minor mistake that does not impact a person’s civil status, nationality, or other essential details in the record. Under RA 9048, common clerical errors that can be corrected include misspelled names, incorrect dates such as birth year or birthdate, typographical errors, and other similar inaccuracies.
Requirements on Filing
Petition for Correction (must be filed at the Local Civil Registry Office or LCRO)
Supporting documents/Documentary requirements (Any valid government-issued ID, school records, baptismal certificate, employment records, etc.)
PSA Birth Certificate (original copy with the error)
Affidavit of Discrepancy (executed by the petitioner and notarized)
Other supporting documents (as required by LCRO)
Processing Fee
Procedure for Administrative Corrections
Visit the Local Civil Registry Office (LCRO) where the birth was registered and file the petition.
Submit the required documents and other supporting documents that prove the correct information. For a missing middle name or incorrect surname, you will likely need valid IDs, school records, baptismal certificates, or other official documents that reflect the correct name.
Pay the processing fee.
A publication in a newspaper may be required if the correction involves changes that affect civil status or name order. It is common when the correction involves a substantial change in the person’s legal identity.
Wait for approval. The processing time for administrative corrections may take a few months, depending on the volume of requests handled by the LCR and the PSA. It’s recommended to follow up regularly with the LCR to ensure smooth progress.
Once approved, the corrected birth certificate will be issued.
Correction of Gender, Birthdate, and Civil Status under RA 10172
The Republic Act No. 10171 amended the RA 9048 which includes the administrative correction of gender, birthdate (month and day ONLY, not including the year), and civil status in the civil registry documents.
Keep in mind that the administrative correction of gender applies only to clerical or typographical errors and DOES NOT cover changes related to gender identity or reassignment surgery. For example, if a birth certificate mistakenly lists a person as “male” due to a clerical error, RA 10172 permits the correction without requiring a court order.
Requirements on Filing
Petition for Correction (must be filed at the Local Civil Registry Office or LCRO)
Supporting documents/Documentary requirements (Any valid government-issued ID, school records, baptismal certificate, employment records, etc.)
PSA Birth Certificate (original copy with the error)
Medical Records or Certification from a Government Physician (for gender correction)
Clearance from the National Bureau of Investigation (NBI) and Police Clearance
Affidavit of Discrepancy (executed by the petitioner and notarized)
Other supporting documents (as required by LCRO)
Processing Fee
Procedure for Administrative Corrections
Visit the Local Civil Registry Office (LCRO) and file the petition for Correction of Gender, Birthdate, or Civil Status.
Submit the required documents and other supporting documents that prove the correct information.
Pay the processing fee.
A publication in a newspaper may be required if the correction involves changes that affect civil status or name order. It is common when the correction involves a substantial change in the person’s legal identity.
Wait for approval. The processing time for administrative corrections may take a few months, depending on the volume of requests handled by the LCR and the PSA. It’s recommended to follow up regularly with the LCR to ensure smooth progress.
Once approved, the corrected birth certificate will be issued.
Judicial Correction of Errors in PSA Birth Certificate
Correction of Substantial Errors under Rule 108
These are cases that cannot be corrected administratively which involves matters that affect the person’s legal status, nationality, or legitimacy and must be done through judicial proceedings under Rule 108 of the Rules of Court.
This includes:
Errors related to a person’s nationality.
Major modifications to a name or surname, such as including the biological father’s surname in cases of illegitimacy.
Adjustments to the birth year, which are significant as they impact age and legal entitlements (e.g., reaching the age of majority).
Take note that changing one’s name is not an automatic process and requires a valid and reasonable justification. The court will only approve name changes under specific conditions, such as:
If the name is ridiculous, tainted with dishonor, or difficult to pronounce.
If the individual has been habitually using a different name and can provide proof.
If the change is needed to avoid confusion.
If the name change is due to religious, gender identity, or cultural reasons.
Without a justified reason, petitions for name change may be denied.
Requirements on Filing
Petition for Judicial Correction (filed in the Regional Trial Court or RTC)
Lawyer Assistance
Publication in a Newspaper (for name change, for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person)
Valid Documents Supporting the Correction (government-issued IDs, school records, etc.)
Court Fees and Attorney’s Fees
Procedure for Judicial Corrections
Seek for a legal advice from a lawyer. A lawyer will assess whether a simple administrative correction is possible or if a court petition is needed.
File a petition for correction in RTC that has jurisdiction over your place of residence. The petition will outline the specific errors in your birth certificate and the legal basis for the correction.
Once petition is filed, attend the scheduled court hearings where you or your lawyer will present the case. The court may also require the publication of the petition in a newspaper to notify the public of the correction.
Once the court grants the petition, secure a Certified True Copy or CTC of the court order.
Submit the court order to the LCRO and PSA for record correction.
Obtain the new PSA birth certificate with the correct details.
Processing Time for Correction of PSA Birth Certificate
Petition for Correction of Clerical Errors (RA 9048 & RA 10172): Processing can take 2 to 6 months depending on PSA and LCRO approval.
Court-Ordered Corrections: The process can take 6 months to 1 year due to legal proceedings and publication requirements.
Where to Request Assistance for Birth Certificate Correction
If you find the process overwhelming, consider seeking professional assistance from a reputable law firm specializing in birth certificate correction or change of name. They can help streamline the filing process, ensure complete documentation, and help you handle it confidently.
FileDocsPhil, in coordination with Duran & Duran-Schulze Law Firm, can assist you in changing your name in both administrative and judicial processes. For more information, you may visit their website or contact us at info@filedocsphil.com.
