Affidavit of Discrepancy for a Misspelled Name on a PSA Birth Certificate

(Philippine context; RA 9048 & RA 10172)

1) Big picture: affidavit vs. actual correction

An Affidavit of Discrepancy (AoD) is a notarized sworn statement explaining why your name appears differently across documents (e.g., “Jhon” vs “John”). It is evidence, not the remedy. It helps banks, schools, and agencies understand and accept your identity while (or before) you fix the record formally.

The legal remedy for a misspelled name on a PSA birth certificate is an administrative petition under:

RA 9048 (Clerical/Typographical Error Law): covers clerical/typographical errors in civil registry entries and change of first name/nickname;
RA 10172 (amending RA 9048): adds correction of day/month of birth and sex if the error is clerical/typographical.

Key takeaway: An affidavit alone will not change your PSA birth certificate. To actually fix the record, file the proper petition with the Local Civil Registrar (LCR) or Philippine Consulate (if born abroad).

2) When an Affidavit of Discrepancy is useful

While you’re processing the formal correction but need to transact (enroll, get a license, open a bank account).
When the name on your IDs, school, employment, SSS/PhilHealth/GSIS, or other records matches your true name but one or a few documents (including, sometimes, your PSA copy) show a minor deviation.
When an agency requests a sworn explanation to reconcile documentary inconsistencies.

Agencies may still require proof that you filed or completed the RA 9048/10172 correction.

3) What counts as a “clerical or typographical error”

Obvious mistakes: misspelling (“Jovenal” → “Juvenal”), letter transposition (“Anrei” → “Anrei”/Andre depending on proof), stray/omitted letters.
Not allowed under clerical route: changes that are substantial or alter civil status, nationality, parentage, legitimacy, age (year), or surname that imply filiation/legitimacy/adoption issues. These usually require a court order (except certain administrative paths like RA 9255 for an illegitimate child’s use of the father’s surname, which has its own rules).

First name/nickname may be changed administratively under RA 9048 if you meet statutory grounds (see §6).

4) Who may file the petition (RA 9048/10172)

The person whose record is being corrected (if of age);
Spouse, children, parents, siblings, grandparents;
Guardian or duly authorized representative (with SPA).

5) Where to file

Local Civil Registrar (LCR) of the city/municipality where the birth was registered.
Migrant petition: at the LCR where you currently reside, which will coordinate with the LCR of place of registration.
If born abroad and registered with a Philippine post: file with the Philippine Consulate/Embassy that has jurisdiction over the place of birth/registration.

6) Two tracks for a misspelled given name

A) Clerical/Typographical Correction (letter fix only)

Use when the intended name is clear and you only need to correct spelling (e.g., “Jhon” → “John”). No change of name, just correction.

Proof typically required (the more consistent, the better):

Earliest school records (Form 137, enrollment records), baptismal certificate, medical/hospital records, immunization card, barangay/census records;
Valid IDs, employment records, government service records;
Mother’s records (prenatal, hospital sheet), if relevant.

Posting/notice: LCR may require posting (e.g., for 10 days) to allow objections.

B) Change of First Name/Nickname (RA 9048)

Use when the entry isn’t just misspelled, or you have been habitually using a different first name/nickname, or the registered first name is ridiculous, tainted with dishonor, or extremely difficult to write/pronounce.

Additional features:

Publication in a newspaper of general circulation (usually once a week for two consecutive weeks).
Strict grounding on evidence of habitual use and valid cause.

7) What RA 10172 adds

Lets you correct day/month of birth and sex if the error is clearly clerical/typographical (e.g., clinical/medical records prove the correct sex; hospital records show correct day/month).
Year of birth is not covered (that’s not clerical; generally court action).

8) Fees & timelines (what to expect)

Filing fees vary by LGU and petition type:
- Clerical/typographical correction: commonly around ₱1,000 (LGU-dependent).
- Change of first name/RA 10172 corrections: commonly around ₱3,000 (LGU-dependent).
- Migrant petitions and foreign filings may have additional or consular fees.
Expect costs for publication (for first-name changes), document procurement, and notarization.
Processing durations vary by office workload, completeness of documents, posting/publication schedules, and PSA annotation turnaround.

Always check your LCR/consulate’s current schedule of fees and requirements.

9) Evidence strategy: how to prove the “true and correct” name

Aim for consistency and antiquity:

Earliest documents are strongest (e.g., baptismal or early school records).
Medical/hospital records at birth (if available).
Multiple independent sources (school, barangay, employment, government IDs).
If using the habitual-use ground (change of first name), compile longitudinal proof (old IDs, school yearbooks, payroll records, certifications).

10) Step-by-step: typical process flow

Gather evidence and get a Certified True Copy of the PSA birth certificate (with receipt date visible).
Draft and notarize your Affidavit of Discrepancy (see §12 template) to explain the mismatch and list supporting records. Tip: even though the affidavit doesn’t correct the PSA record, it’s often required in the petition packet and useful for ongoing transactions.
Consult/visit the LCR (or consulate) to confirm checklist and fees for:
- Clerical/typographical correction, or
- Change of first name, or
- RA 10172 correction (day/month/sex).
File the petition with complete attachments; pay the fees.
Posting/publication (as applicable).
Evaluation and decision by the City/Municipal Civil Registrar (or Consul General).
If approved, the LCR/consulate endorses to PSA for annotation and issuance of an annotated PSA copy reflecting the correction.
Secure the annotated PSA certificate and update your downstream records (PhilID, SSS, PhilHealth, GSIS, PRC, LTO, bank, school, passport, etc.).

11) Common pitfalls & how to avoid them

Relying only on the affidavit. Agencies can still require the actual corrected PSA record.
Insufficient evidence or inconsistent trail. Provide multiple corroborating records, especially older ones.
Using clerical route for substantial changes. If it affects filiation/legitimacy/surname, expect court or a different statute (e.g., RA 9255).
Publication missteps (wrong newspaper cadence) for first-name changes—coordinate with the LCR.
Notarization errors (no ID details, wrong venue/date, missing affiant signature/thumbmark for non-signers).
Perjury risk. False statements in an affidavit can expose you to liability.

12) Model Affidavit of Discrepancy (guide)

AFFIDAVIT OF DISCREPANCY I, [Full Name], of legal age, Filipino, [single/married/widow(er)], and a resident of [Address], after having been duly sworn in accordance with law, depose and state that:

I am the same person referred to in the following records: a. PSA Birth Certificate under the name “[Incorrect Name as Appearing]”; b. [List other documents] under the name “[Correct Name]”.

My correct and true name is [Correct Full Name]. The variance in my first name/surname/middle name in certain records is due to [explain: typographical/clerical error; long-standing usage; transcription mistake; etc.].

To establish my correct name, I submit the following documents: [Enumerate: earliest school records, baptismal/medical/hospital records, government IDs, employment records].

I execute this Affidavit to attest to the foregoing facts and to reconcile the discrepancy in my records, and to support any petition for correction under RA 9048/10172, and for any lawful purpose.

Affiant: [Signature over Printed Name] [Government ID, No., Date/Place of Issue]

JURAT SUBSCRIBED AND SWORN to before me this [date] at [city/municipality], the affiant exhibiting [ID details].

Notary Public [Commission details]

Notes:

Use the exact erroneous entry and the exact correct form.
Attach clear copies of supporting documents.
If the affiant cannot sign, use a thumbmark with two credible witnesses.

13) Checklist (quick scan)

☐ Latest PSA birth certificate (CTC) with visible annotation history (if any)
☐ Affidavit of Discrepancy (notarized)
☐ Supporting documents (earliest and multiple sources)
☐ Valid IDs
☐ Petition form (LCR/consulate) for RA 9048/10172
☐ Publication plan (if change of first name)
☐ Fees (filing, publication, copies)
☐ Follow-up for PSA annotation and obtain annotated PSA copy

14) Special situations

Surname issues (e.g., missing/incorrect surname implying filiation): often not clerical; may require court or RA 9255 procedures for an illegitimate child’s use of the father’s surname.
Middle name changes: generally not within RA 9048 unless clearly clerical (simple misspelling/typographical), otherwise often needs court.
Multiple discrepancies (name + birth date component): you may need separate petitions (e.g., RA 9048 for first name; RA 10172 for day/month), depending on the LCR’s guidance.

15) After correction: harmonize your records

Once you get the annotated PSA certificate:

Update PhilID/PSA PhilSys, SSS/GSIS/PhilHealth/Pag-IBIG, LTO, PRC, COMELEC, passport, bank, school, employer files.
Keep a correction packet (annotated PSA + approval/decision + affidavit + key supporting docs) for future transactions.

16) Practical tips

Bring originals and photocopies; some offices require certified copies.
If filing a migrant petition, verify inter-office transmittals and reference numbers for follow-ups.
Keep a log of dates, officials seen, OR numbers, and publication details.
For complex cases (surname/filiation/adoption/late registration overlaps), consider consulting counsel or the Public Attorney’s Office.

Bottom line

Use an Affidavit of Discrepancy to explain and temporarily bridge mismatches. But to fix a misspelled name on your PSA birth certificate, the proper route is an administrative petition under RA 9048/10172, supported by strong, consistent evidence—ending with an annotated PSA record that downstream agencies will honor.