Step by Step process for correction of entry in your birth certificate
TEN Steps to be undertaken in the correction of an entry in a civil registry document
- Contact a lawyer who will prepare the Petition for correction of entry
- Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the Petition in the Regional Trial Court is P510.00
- The Petition will be raffled and assigned to a branch of the Regional Trial Court.
- The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general circulation for three consecutive weeks. Fee for publication varies. For innocuous errors, posting of the order of the court may be resorted to instead of publication as provided in Anzaldo vs. Republic, 102 Phil. 1046 that where the entry sought to be corrected is merely innocuous or clerical error such as misspelling or the like, a summary proceeding may be resorted as contemplated in and authorized by Article 412 of the Civil Code, which errors are visible to the eye or obvious to the understanding (Chua Wee vs. Republic, L-27731, April 21, 1971; Vda de Castro vs. Republic, L-28520, January 17, 1985).
- The Order contains the date of the first hearing.
- During the first hearing, the lawyer will present compliance of the jurisdictional requirements like publication of the Order in a newspaper of general circulation, posting etc
- After establishing compliance with jurisdictional requirements, the petitioner will be presented in Court to testify. The Court may assign the Clerk of Court to receive evidence in an ex parte proceeding. Payment for an ex-parte is Php 1000.00.
- During the hearing, it is possible that an oppositor may appear contesting the Petition. If no oppositor appears, the Clerk of Court will receive the petitioner's evidence. After presentation of evidence, your lawyer will formally offer your documentary exhibits.
- After which, the Court will rule on the Petition.
- If the decision is favorable, the Court will order the Office of City Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner). Finality of judgment, however, takes place 30 days from date of judgment. Coordinate with the Civil Registrar on how to effectuate the correction in the National Statistics Office.
what if the petition was dismissed because the court ruled that the petitioner (brother) was not the proper party in interest? the "owner" of the Birth Certificate is his sister who is in Canada. any remedy for this?
Hi anonymous!!
The dismissal of the petition was without prejudice. Meaning, the brother can still refile the case in behalf of his sister but he must be armed with a Special Power of Attorney sealed and notarized by our Philippine Embassy in Canada. However, he has to pay the filing fee again which really is very minimal...
thank you for the fast reply. follow up question to this: is the SPA really necessary as Rule 108 states that "any person interested ... concerning the civil status of persons...may file a verfied petition..."? if we file a motion for reconsideration on the ground that the brother is a proper party in interest, will the motion prosper?
the brother, although related to you by blood, is not really a party in interest. He will not be affected by the result of the action being filed...the legal guardian or the parents can file this case for and in behalf of the minor but of any person of legal age, the party in interest is only the person whose name appears in the birth certificate whose correction is sought..
never mind the MR, it will just be denied for utter lack of merit...
its kind of unrelated though, tried to look for suitable category but I can't find any. I signed a 2 year contract for my present job and I'm working for the company almost a year now, which means I still have more than a yr left before my contract expires yet I wanted to resign already. Now here's my question..
What will happen if I terminate my contract?
Will there be charges to pay?
if there is, what will happen to me if don't pay the charges?
thank you! Looking forward for your reply as I am quite anxious about the issue, about the consequences I might be facing.
if the decision is already available, will there be any hearing or court appearance again and should i still need the presence of my lawyer there? Thanks!
Dear Anonymous,
After the receipt of the decision, wait for at lest 30 days before you or laywer gets from the court the Certificate of Finality. Once you got that, proceed to the civil registrar where you were registered to effect the changes. They will also facilitate the transmittal of the decision to the NSO. There will be about 300 to 500 pesos payment there for the transmittal... No more court herings once you have the decision.
Dear Ayee,
So sorry I just noticed your query...
Once you sign a contract, you are bound by it. Should there be penalty clause in case of pre termination, it will apply to you in case you will pre terminate the contract with just and valid cause.
pag lumabas n po b ung desicion s court,,ndi n dadalin s solicitor ganeral ung desicion?
Merry Christmas! The Solicitor General will be furnished a copy of the decision. It has the discretion to appeal or not. If no appeal from the SolGen within fifteen days from date of receipt of the decision, Certificate of Finality will be issued and that will be the end of it. Pwede na dalhin sa Civil Registrar and Certificate for the necessary issuance of a new birth cert or doon sa marriage contract i indicate that the marriage ws annulled already.
im on the last leg of this petition,antay ko nalng ung sulat galing sa solgen, naemail ko nadin ung solgen at ang sabi ready for pick-up na ung certificate, sabi pwede personal kong pick-up kaso malayo ako..automatic ba na ung branch court ang kukuha nung copy na asa solgen?
the solgen does not issue the certificate of finality, that is the responsibility of the regional trial court where the petition was heard.
hello, ask ko lang if how much yung range ng cost kung ipapa change entry ko yung details sa birthhcert ko... the first name,bithdate and place of birth. i contacted a lawyer at gusto niya bayaran ko daw siya ng 30k... would that be fair enough for both of us? thanks.
Anonymous: a package of 30k including expenses for filing and all misc expenses such as the ex parte fee and fiscal's fee is fair enough especially if you are from the big city like manila. Your petition will have to be filed in the place where you are registered.
ang daming mali sa birthcert ko. misspelled name. yung bithdate 1988 sa bithcert which is the correct one pero sa mga papers ko 87 ang ginagamit ko. place of birth din... we paid 3k for the nso staff sabi niya she will correct all the wrong details in my birthcert to my surprise she just falsified it. nagamit ko pa naman yung birthcert sa prc, sa wedding ko and even for applying passport. what do you think is the best action for this? kaya pa ba icorrect lahat ng wrong entries?
thanks for this article!tagal ko na nghahanap nito.Linawin ko lang po about dito sa qoute nyo
"If no appeal from the SolGen within fifteen days from date of receipt of the decision, Certificate of Finality will be issued and that will be the end of it".ibig po ba sabihin nito if within 15 days na wala mtanggap ang RTC na appeal from Solgen,automatic na na pwede na nila gawan ng certificate of finality?Yun po bang 15 days na yun e kasama na yung pati weekend/holiday dun?thanks po.
hi, I have a friend who is a malaysian citizen. he and his malaysian wife contracted marriage here in the philippines under muslim rites. in his marriage certificate, it appears that he stated that he is a filipino citizen. now, he cud not secure his child's birth certificate in malaysia coz of the citizenship status in the marriage certificate. malaysian civil registrar ordered him to fix the entry in his marriage certificate here in the philippines. will it the action be petition for correction of entry in the marriage certificate? wud a special power of attorney enough to authorize me to appear before the court in case an action had been filed? how much do u think is needed for the whole process of petition. thanx
have a nice day legalmindatwork. i need ur advice po,dissapointed po ako sa lawyer namin nag file po ako ng petition sa Birth certificate ng anak ko na ang ung surname nya po wrong spelling instead M naging N. everything is ok na po na nag hihintay nalang kmi na ma release ang certificate of finality 9month po kami nag hintay up to now di parin binigay marami po syang alibi,last po na tawag k bigyan daw namin ng kunting amount ung judge para ma release na ung certificate of finality. tma ba to ginagawa nya sa amin? samantala nag bayad na po ako sa kanya more 50thousand pesos cash. ano po ang dapat kong gawin na makuha ko ang certificateof finality ng anak ko with out any extra money to pay him again,private atty. po sya. Tulungan nyo po ako maraming salamat po.
have a nice day po legalmind at work, humihingi po ako ng advice sa inyo. Marami pong mali sa birth certificate ng anak ko at nag file po ako ng petition. may private lawyer po ako at sya ang nag ayos everything is ok na po. Bali nag hihintay nalang ako ma release ung certificate of finality ng anak ko. sence last year pa po un 2011 up to now wala pa rin 9month po ako nag hintay. every time na tumatawag ako marami po syang alibi last po na tawag namin nag pa rinig po sya na dapat mag bigay kami ng kunting amount sa judge para ma release ung cert. ot finality. Kaya disappointed po ako sa atty. samantala nag bayad po ako sa kanya more than 50thousand cash,kasama na po sa judge. Tama po ba itong ginagawa nya sa amin? ano po ung dapat kong gawin para makuha kuna ang cert.of finality ng anak with out any extra money to pay. Pls. reply po maraming salamat po.
Yes, you can follow this process. Get a certiied copy first from NSO. If the same errors appear, naloko ka nga.
Yes. Wala ka na babayaran, the RTC will issue the Certiiate of Finality and you can process it with NSO na or the civil registrar who shall transmit it to NSO. Yes, including holidays except that if the 15th day falls on a weekend or holiday, the next official working day na ma issue.
Yes, you can follow the same process. The verification must be aigned by your friend although during the entire process, you can appear in his behalf through the SPA. Cost is around 20k to 50k depends on the lawyer.
If you have the case title and number and kung saan branch na file, proceed directly to the courta and ask for the crrtificate pf finality. Wala na babayaran, if meron minimal less than 100 siguro for certified true copies.
MARAMING MARAMI PONG SALAMAT SA ADVICE NYO. ASK KO LNG PO ILANG BUWAN PO BA TALAGA MA PROCESS ANG CERTIFICATE OF FINALITY BAGO MA RELEASE? BAKIT SA AKIN 9month na wala parin?
Fifteen days lang from receipt ng Solgen ng copy ng decision. Ikaw na nga ang magpunta sa court, i request mo. Hindi kasi automatic yan na papadala nila sa iyo or sa lawyer mo.wala ka babayaran doon unless pa certifed true copy ka na. Yun kasi kailangan sa civil registrar, 3 copies.
The name of my wife and her citizenship in our marriage certificate mali ho ang pagkasulat. The civil register na kababata ng wife ko and who filled up the certificate wrote her maiden name instead of the present name (apelyido ng kanyang ex-husband) she is using, and sa citizenship nailagay Filipino instead of American. Na submit nga niya copy US passport nya at capacity to marry and judicial decree ng divorce nya sa civil register na andun correct name nya. Kaya ng magpunta ako sa US embassy para sa family visa ko sana, hindi ako mabigyan dahil iba ang nakalagay na pangalan at citizenship ng asawa ko, kailangan ko daw ipa correct. Puede ho ba ako lang na husband ang mag petition kasi nasa US siya nakatira. Kung ako ang magpetition kailangan ko pa ba ng SPA galing sa kanya? Puede rin ako na lang maghire ng lawyer directly?
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