Sunday, March 27, 2016

Names can be corrected through judicial or administrative proceedings | The Manila Times Online





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Administrative correction of birth certificate refers to the remedy provided under Republic Act (R.A.) No. 9048, as amended, where an error in a birth certificate is rectified without going to court. 

Rather, the petition is filed directly with the concerned civil register where the birth was recorded who has the power to make the necessary correction even without a court order. 

The remedy is available to correct clerical or typographical errors in writing, copying, transcribing or typing which are harmless and innocuous, visible to the eyes or obvious to the understanding, and can be corrected or changed by reference to other existing record or records (Sec. 2(3), R.A. No. 9048, as amended). 

In case the error is in the first name or nickname, administrative correction is also allowed should the name be ridiculous, tainted with dishonor or extremely difficult to write or pronounce, or the new first name or nickname has been habitually and continuously used by the person and he has been publicly known by that name, or to avoid confusion. (Sec. 4, Id.)

If the error in the name does not fall under any of the mentioned categories, then judicial correction of error in the birth certificate must be resorted to. 

In such a case, the applicant is required to file a verified petition in the Regional Trial Court of the place where the concerned civil register is located, i.e. where the birth was recorded, and follow the procedure outlined in Rule 108 of the Rules of Court to effect the necessary correction.

The second remedy that you may avail is to adopt the registered name appearing in your birth certificate and correct your employment record with the government. 

Choosing this remedy would mean that you will drop the name you have been habitually using and instead use your registered name. 

To avail of this remedy, a request for correction of personal information should be filed with the Civil Service Commission, unless the request is filed earlier than five years from mandatory retirement of the concerned employee, in which case the application should be filed with the appropriate CSC regional office. 

Note, however, that all requests for correction of personal information must be filed not later than one year before the applicant’s expected date of retirement (Sec. 90, Rule 18, Revised Rules on Administrative Cases in the Civil Service).

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