Republic Act No.

10172 Implementing Rules and Regulations

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012
Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF 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 Act Numbered Ninety Forty-Eight.)
Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG) hereby promulgates the following
rules and regulations of Republic Act No. 10172 which was approved on August 15, 2012 for the information, guidance
and compliance of all concerned parties.
PRELIMINARY STATEMENT
Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the OCRG to carry out and administer
the provisions of Act No. 3753 otherwise known as the Civil Registry Law.
This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing Rules and Regulations,
Republic Act No. 9048).
Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048. Section 1 of this Amendatory Law
provides, 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 (C/MCR) or consul general in accordance with the provisions of
this Act and its implementing rules and regulations.
IMPLEMENTING RULES AND REGULATIONS
Rule 1. Authority to Correct Clerical or Typographical Error
The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are
hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the
civil register for birth.
Rule 2. Definition of Terms
As used in these rules, the following terms shall mean:
2.1. 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 on the entry of day and month in the date of birth or
the sex of the person, 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 (refers to the correction on the year of birth), or legitimacy status of the
petitioner/document owner.
2.2. Sex Refers to the biological and physiological characteristics that define men and women.
2.3. Day and Month of Birth Refers to the entry in the month and/or day of birth of the petitioner/document
owner which is sought to be corrected.
2.4. Accredited Government Physician Refers to a licensed doctor of medicine who is registered with the
Professional Regulations Commission (PRC) and is employed in any government hospitals, health institutions,
or public health offices.
2.5. Medical Certification Refers to the certification issued by the accredited government physician attesting to
the fact that the petitioner/document owner has not undergone sex change or sex transplant.
Rule 3. Who may file the petition.
3.1. For correction of entry on the day and/or month in the date of birth:
Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error
in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.
A person is considered to have direct and personal interest when he is the owner of the record, or the owner's
spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law
or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or
 physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of
his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.
3.2. For correction of a clerical or typographical error in sex:
The petitioner affected by such error shall personally file the petition with the civil registry office where the birth
certificate is registered.
Rule 4. Where to file the petition
4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.
The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the
case may be, where the birth record containing the day and/or month in the date of birth to be corrected is
registered.
When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in
terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition
may be filed with the C/MCR of the place where the petitioner is residing or domiciled.
Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may
be filed with the C/MCR of the place of residence following the procedures of migrant petition.
Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is
presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.
4.2. For correction of clerical and typographical error in the entry of sex
The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine
Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be
corrected is registered.
Rule 5. Processing of the petition
Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed.
Rule 6. Form and content of the petition
Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supporting
documents to the petition, the following shall be submitted:
6.1. Earliest school record or earliest school documents;
6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious authorities;
6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal
case, or no criminal record, which shall be obtained from the following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.
6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of
publication from the publisher and a copy of the newspaper clipping; and
6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an
accredited government physician that the petitioner has not undergone sex change or sex transplant.
Rule 7. Posting and publication of the petition.
Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be observed.
Rule 8. Duties of the C/MCR
Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall be observed.
In addition, the C/MCR shall issue a certification on the authenticity of the certification issued by the accredited
government physician certifying that the petitioner/document owner has not undergone sex change or sex transplant.
Rule 9. Duties and powers of the CRG
Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall be observed.
Rule 10. Authority to collect filing and other fees
The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3,000.00) for petition to correct
the day and/or month in the date of birth or sex. An indigent petitioner shall be exempt from paying the required payment,
provided that the petition is supported by a certification from the City/Municipal Social Welfare Office that the
petitioner/document owner is indigent.
In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars ($150.00) or its equivalent value in
local currency for the correction of clerical or typographical error is required.
In the case of a migrant petition, there shall be a service fee of one thousand pesos (P1,000.00) to be collected by the
PRCR.
When a petitioner/document owner files petition for correction of clerical error under R.A. 9048, simultaneously, with a
petition for correction of clerical error under R.A. 10172, and the same document is involved, the petitioner/document
owner shall pay only the amount of P3,000.00 corresponding to the fee under R.A. 10172.
All fees collected by the C/MCR or the consul general pursuant to this Law shall accrue to the funds of the Local Civil
Registry Office concerned or the Office of the Consul General for modernization of the office and hiring of new personnel
and procurement of supplies, subject to government accounting and auditing rules.
The local legislative body shall ratify the fees herein prescribed upon effectivity of this Order. Prior to ratification by the
local legislative body, all fees collected in connection with this Order shall go to the LCRO trust fund, provided, however,
that the fees prescribed therein shall be uniform in all cities and municipalities in the country, and in all Philippine
Consulates.
Rule 11. Retroactivity clause
This Order 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.
Rule 12. Separability clause
If any portion or provision of this Order is declared void or unconstitutional, the remaining portions or provisions thereof
shall not be affected by such declaration.
Rule 13. Repealing clause.
All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of this Order are hereby
repealed or modified accordingly.
Rule 14. Effectivity clause.
This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of
general circulation.
Approved this 24th day of October 2012.
Republic Act No. 9048
Republic of the Philippines
Congress of the Philippines Metro Manila Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
[REPUBLIC ACT NO. 9048]
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.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
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 the concerned city or municipal civil registrar
or consul general in accordance with the provisions of this Act and its implementing rules and regulations.
SECTION 2. Definition of Terms - As used in this Act, the following terms shall mean:

1. "City or Municipal civil registrar" refers to the head of the local civil 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 Registrar 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.

SECTION 3. Who May File the Petition and Where. - Any person having direct and personal interest in the correction
of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in
person, a verified petition with the local civil registry office of the city or municipality where the record being sought
to be corrected or changed is kept.
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 clerical or typographical errors and/or change of first names or nicknames may be availed of
only once.
SECTION 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:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor 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 that by that first name or nickname in the community: or

3. The change will avoid confusion.

SECTION 5. Form and Contents of the Petition. - The petition shall be in the form of an affidavit, subscribed and
sworn to before any person authorized by the law to administer oaths. The affidavit shall set forth facts necessary to
establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the
matters stated. The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected
and/or the change sought to be made.
The petition shall be supported with the following documents:

1. A certified true machine copy of the certificate or of the page 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.

In case of change of first name or nickname, the petition shall likewise be supported with the documents
mentioned in the immediately preceding paragraph. In addition, the petition shall be published at least once a week
for two (2) consecutive weeks in a newspaper of general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.
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 third copy to the petitioner.
SECTION 6. Duties of the City or 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 that 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.
SECTION 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 affects 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 civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of
the action taken on the decision. Upon receipt of the notice thereof, the city or municipal civil registrar or the consul
general shall notify the petitioner of such action.
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 civil
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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least
two (2) national newspapers of general circulation.