Dear Atty. Peachy,

The head of our department recently talked to me about the department’s plan to send me to training out of the country next year and advised me to get a passport or to make sure that I have a valid one by early next year.

While I was preparing the required documents for my passport application, I realized that I still had not done anything yet about the apparent discrepancy in the spelling of my first name on my birth certificate and in all of my other records. I have been using the name “Joelle” since I started going to school and now that I am already working. My birth certificate, however, spells my name as “Joel.” The gender provided for in my birth certificate has likewise not yet been corrected from “male” to “female.” 

I have previously heard about the possibility of correcting erroneous entries in birth certificates through administrative proceedings instead of filing a case in court which is expensive and takes a considerable amount of time to finish.

A friend of mine confirmed that there is such a law now but warned me that as far as she knows the said law does not cover correction of gender.

Can you enlighten me on this matter? I hope that I will be able to immediately process the necessary corrections in my birth certificate so I can finally apply for a passport and be able to attend the training next year.

           Joelle

Dear Joelle,

Do not worry. You do not have to go to court for the correction of both your first name and gender on your birth certificate. The corrections may both be done through an administrative proceeding.

The law that your friend is referring to is Republic Act 9048 (RA 9048). It authorizes the city/municipal civil registrar or the consul general to correct a clerical error or typographical error in an entry and/or change the first name or nickname in the civil registrar without need of a judicial order.

The correction can be made by filing a petition with the local civil registrar where the birth certificate was registered. This involves completing the required forms, presenting supporting documents, and paying the necessary fees.

In 2012, RA 9048 was amended by RA 10172, further authorizing the civil registrar to correct clerical or typographical errors in the birthdate or sex of a petitioner without the need to file a petition in court.

Republic Act 10172 clarifies that these changes may now be administratively corrected where it is patently clear that there is a clerical or typographical mistake in the entry.

Atty. Peachy Selda-Gregorio