A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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 which can be corrected or changed by concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.
Sec. 2. Definitions of Terms. — As used in this Act, the following terms shall mean:
or municipal civil registrar" refers to the head of the local
registry office of the city or municipality, as the case may be, who is
appointed as such by the city or municipal mayor in accordance with the
provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register.
(3) "Clerical or typographical error" refers to 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.
(4) "Civil register" refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Register General.
(5) "Civil registrar general" refers to the administrator of the National Statistics Office which is the agency mandated to carry out and administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names.
In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations.
All petitions for the correction of clerical or typographical errors and/or change of first names or nicknames may be availed of only once.
Sec. 4. Grounds for Change of First Name or Nickname. — The petition for change of first name or nickname may be allowed in any of the following cases:
finds the first name or nickname to be ridiculous, tainted with
or extremely difficult to write or pronounce;
(2) 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
(3) The change will avoid confusion.
The petition shall be supported with the following documents:
true machine copy of the certificate or of the page or of the registry
book containing the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and
(3) 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.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and the third copy to the petitioner.
Sec. 6. Duties of the City of Municipal Civil Registrar or the Consul General. — The city or municipal civil registrar or the consul general to whom the petition is presented shall examine the petition and its supporting documents. He shall post the petition in a conspicuous place provided for the purpose for ten (10) consecutive days after he finds the petition and its supporting documents sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and shall render a decision not later than five (5) working days after the completion of the posting and/or publication requirement. He shall transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar General within five (5) working days from the date of the decision.
Sec. 7. Duties and Powers of the Civil Registrar General. — The civil registrar general shall, within ten (10) working days from receipt of the decision granting a petition, exercise the power to impugn such decision by way of an objection based on the following grounds:
(1) The error
is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is substantial or controversial as it effects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person does not fall under Section 4.
The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal registrar or of the consul general within the period prescribed herein, such decision shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner may either appeal the decision to the civil registrar general or file the appropriate petition with the proper court.
Sec. 8. Payment of Fees. — The city or municipal civil registrar or the consul general shall be authorized to collect reasonable fees as a condition for accepting the petition. An indigent petitioner shall be exempt from the payment of the said fee.
Sec. 9. Penalty Clause. — A person who violates any of the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than six (6) years but not more than twelve (12) 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, at the discretion of the court.
In addition, if the offender is a government official or employee, he shall suffer the penalties provided under civil service laws, rules and regulations.
Sec. 10. Implementing Rules and Regulations. — The civil registrar general shall, in consultation with the Department of Justice, the Department of Foreign Affairs, the Office of the Supreme Court Administrator, the University of the Philippines Law Center and the Philippine Association of Civil Registrars, issue the necessary rules and regulations for the effective implementation of this Act not later than three (3) months from the effectivity of this law.
Sec. 11. Retroactivity Clause. — This Act shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
Sec. 12. Separability Clause. — If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.
Sec. 13. Repealing Clause. — All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
President of the Philippines