Overview
An Affidavit to Correct Middle Name is a sworn statement used to explain and reconcile discrepancies in a person’s middle name across records (e.g., school, employment, bank, passport application). It is most useful when the error is minor (misspelling, transposition, wrong middle initial) and an institution requests a notarized explanation while you process the official correction with the civil registry, if needed.
Important distinction: An affidavit does not, by itself, change the entry on your PSA birth certificate.
- Clerical/typographical errors in the middle name may be corrected administratively through the Local Civil Registry (LCR) under the civil registration laws on clerical-error correction.
- Substantive changes (those that affect filiation/identity, or where the “correct” middle name is different because of family circumstances) generally require a judicial proceeding (Rule 103/Rule 108) or another specific legal process (e.g., adoption, legitimation, acknowledgment).
Use the affidavit to (a) provide an immediate, sworn explanation for private entities and, (b) support your petition for correction with the LCR or court, when applicable.
What counts as a “middle name” in PH practice?
- In common Philippine usage, the middle name is typically the mother’s maiden surname.
- Middle names are not as extensively codified in statute as surnames, but they are widely used in civil records, IDs, and transactions.
- Because the middle name commonly reflects maternal lineage, mistakes may suggest issues about filiation; this is why simple spelling fixes are treated differently from changes implying a different mother or altered civil status.
When an Affidavit is Enough vs. When It’s Not
A. Situations where an affidavit is typically acceptable (for private/administrative use)
- Spelling errors in the middle name (e.g., “DEL ROSARIO” vs. “DELROSARIO”; “MAE” vs. “MAY”).
- Middle initial mismatch caused by typographical error.
- Transposition/spacing/punctuation errors (hyphenation, spacing between compound maternal surnames).
- Institutional reconciliation where a bank, school, or employer needs a sworn explanation while you secure official corrections.
Even here, institutions may still ask for proof (e.g., PSA birth certificate, mother’s IDs, school records) and may set their own policies.
B. Situations requiring official correction beyond an affidavit
- The “correct” middle name belongs to a different mother (implicates filiation/identity).
- You are changing the middle name because of a change in surname due to adoption, legitimation, or acknowledgment—these are governed by specific statutes and require formal proceedings.
- No middle name to middle name (or vice versa) in a way that alters civil status/lineage.
- Any change that is not purely clerical or goes beyond obvious typographical error.
Pathways to Correct an Error in the Middle Name
1) Administrative correction (clerical/typographical)
Appropriate for obvious clerical mistakes (misspellings, misplaced/omitted letters, obvious typographical errors).
Where to file: Local Civil Registry (LCR) of the city/municipality where the birth is registered; or through the Philippine Embassy/Consulate if registered abroad.
Who may file: The owner of the record; parent/guardian if minor; or an authorized representative with SPA.
General steps:
- Gather supporting documents showing consistent correct usage of the middle name (see “Supporting Documents” below).
- Prepare and notarize an Affidavit to Correct Middle Name (often required as a supporting document).
- Fill out the LCR’s petition for correction form and submit requirements.
- Pay filing/publication/posting fees as applicable.
- Await the LCR/PSA process (posting and/or endorsement procedures may apply).
- Once approved and annotated, request a new PSA-issued birth certificate showing the annotation.
Fees, forms, and timelines vary by LCR and by whether the record is local or foreign-registered. Expect additional steps if the record is late-registered or if the birthplace has changed jurisdiction.
2) Judicial correction (substantive)
- Necessary for changes that affect filiation/identity or are not clearly clerical.
- Where to file: Regional Trial Court (RTC) via a verified petition (often under Rule 108 for civil registry entries or Rule 103 for changes of name), with the LCR/PSA and affected parties notified.
- The Affidavit to Correct Middle Name can still be used as a supporting exhibit, but the court order is the operative instrument that authorizes the LCR/PSA to amend the entry.
Common Scenarios and How to Approach Them
- Typo on the mother’s maiden surname recorded as middle name → Usually administrative correction with affidavit + supporting records (mother’s IDs, marriage certificate if applicable, school/baptismal records).
- Middle initial error in employment/HR files but PSA is correct → Affidavit + PSA birth certificate typically suffice for HR/banks.
- Child initially recorded without a middle name but should have one due to subsequent legitimation/adoption/acknowledgment → Typically requires the specific legal process (e.g., legitimation/adoption proceedings) and corresponding civil registry actions; affidavit alone is not sufficient.
- Hyphenation/spacing preferences (e.g., “De la Cruz” vs “Dela Cruz”) → If PSA entry is clear but a private record differs, institutions may accept an affidavit; to change the PSA entry, pursue administrative correction if the issue is purely clerical and consistently evidenced.
Who May Execute the Affidavit
- Owner of the record (of legal age).
- Parent or legal guardian (if the owner is a minor).
- Authorized representative with a Special Power of Attorney (SPA) when personal execution is not possible (e.g., overseas).
Formal Requirements for the Affidavit
Written in English or Filipino, clear and specific as to the error and the correct entry.
Contains:
- Affiant’s full name, civil status, citizenship, and address
- Identification of the record (full name at birth, date/place of birth, registry details if known)
- Precise description of the error and the correct middle name
- Factual basis (how the correct middle name is established)
- List of supporting documents being attached
- Statement of good faith and that no fraudulent purpose is intended
Jurat before a notary public (affiant personally appears, presents government ID, and swears to the truth of the contents).
Annexes: clear copies of IDs and supporting documents, properly marked (Annex “A”, “B”, etc.).
Supporting Documents (Illustrative)
Attach what best proves the correct middle name and shows the error is clerical:
- PSA Birth Certificate (original/certified copy)
- Mother’s PSA Birth Certificate (to verify her maiden surname)
- Parents’ PSA Marriage Certificate (if applicable)
- School records (Form 137/138, diploma, TOR) bearing the correct middle name
- Baptismal/Church records (if available)
- Government-issued IDs (PhilID, passport, driver’s license, PRC) showing consistent middle name
- Barangay Certification or Affidavits of Two Disinterested Persons attesting to long, continuous use of the correct middle name
- Employment/HR records, PhilHealth/SSS/Pag-IBIG records
- Previous LCR/PSA annotations (if any)
Not all will be required. Provide the strongest, most consistent proofs you have.
Practical Tips
- Match the PSA: Many institutions will prioritize whatever appears in your PSA birth certificate. If that PSA entry is wrong, plan for an administrative or judicial correction; the affidavit helps in the interim.
- Consistency matters: Align future IDs and records with the correct middle name as soon as possible to avoid cascading errors.
- Use clear annex labels: Make review easier for notaries, LCR staff, or HR officers.
- Keep certified copies: Some offices require certified true copies; bring extra.
- No misrepresentation: An affidavit is sworn; false statements may result in civil/criminal liability.
Template: Affidavit to Correct Middle Name
How to use: Replace bracketed fields and adjust facts to your situation. Keep formatting professional and concise. Print on clean bond paper. Attach annexes.
REPUBLIC OF THE PHILIPPINES )
___________________________ ) S.S.
AFFIDAVIT TO CORRECT MIDDLE NAME
I, [FULL NAME OF AFFIANT], of legal age, [civil status], Filipino, and
residing at [ADDRESS], after having been duly sworn in accordance with law,
hereby depose and state:
1. I am the same person whose birth was recorded as follows:
Name at birth: [LAST NAME], [FIRST NAME] [MIDDLE NAME as presently recorded]
Date of birth: [DD Month YYYY]
Place of birth: [City/Municipality, Province, Philippines]
Local Civil Registry: [City/Municipality where registered]
Registry/Certificate No.: [if known]
2. My middle name is erroneously entered as “[ERRONEOUS MIDDLE NAME/INITIAL]”
in [identify record/s: e.g., PSA Birth Certificate, school record, bank record],
due to a clerical/typographical error.
3. The correct middle name should be “[CORRECT MIDDLE NAME/INITIAL],” which
corresponds to the maiden surname of my mother, [FULL NAME OF MOTHER],
as evidenced by the attached documents.
4. In support of this affidavit, I am submitting the following:
Annex “A” – [PSA Birth Certificate of Affiant]
Annex “B” – [PSA Birth Certificate of Mother / Mother’s ID / Parents’ Marriage Cert]
Annex “C” – [School/Employment/ID records showing correct middle name]
Annex “D” – [Affidavit of Two Disinterested Persons / Barangay Certification], if any
(Additional annexes as applicable.)
5. This affidavit is executed to attest to the foregoing facts and to request
that concerned offices and institutions update their records to reflect my
correct middle name, and to support my petition for correction of clerical
error before the appropriate civil registry, if required.
IN WITNESS WHEREOF, I have hereunto set my hand this [DD Month YYYY] in
[City/Municipality], Philippines.
_______________________________
[FULL NAME OF AFFIANT]
Affiant
SUBSCRIBED AND SWORN to before me this [DD Month YYYY] in
[City/Municipality], Philippines. Affiant personally appeared and presented
[Government-issued ID, No., date/place of issuance], known to me and to be
the same person who executed the foregoing affidavit, and who affirmed that
the contents hereof are true and correct to the best of his/her knowledge.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20____.
Notarization Notes
- Bring original IDs; the notary will require personal appearance.
- Ask for three (3) originals (one for you, one for the LCR/institution, one spare).
- If abroad, you may execute the affidavit before a Philippine Embassy/Consulate (consularized) or before a local notary and then apostille/legalize it, depending on the country.
Frequently Asked Questions
1) My PSA birth certificate has the wrong middle name. Will an affidavit alone fix it? No. The affidavit supports your explanation, but the PSA entry changes only after the proper administrative or judicial process.
2) The error is just a missing letter (e.g., “GARCIA” vs. “GARICA”). Can I do this at the LCR? If it is clearly clerical, yes—file a petition for correction with the LCR, attaching this affidavit and strong supporting records.
3) My middle name changed because I was adopted/legitimated. What do I file? Those are substantive changes governed by specific laws or court/administrative proceedings (e.g., adoption order, legitimation). Coordinate with the LCR and follow that process; the affidavit can be supporting evidence but is not the operative document.
4) My IDs differ from my PSA—what should I present to a bank/employer? Typically: Affidavit to Correct Middle Name + PSA Birth Certificate + other consistent IDs/records. Policies vary; bring as much consistency as possible.
5) Can I add a middle name if I never had one? Adding a middle name often implicates filiation and may be substantive. Consult the LCR; many such cases require court or a specific legal route.
Checklist (Quick Reference)
- Draft Affidavit to Correct Middle Name (facts, basis, annexes)
- Prepare supporting documents (PSA copies, mother’s records, school/ID proofs)
- Notarize (or consularize/apostille if abroad)
- Submit to institution requesting it (for reconciliation)
- If PSA entry is wrong: file petition with LCR (administrative) or consult counsel (judicial)
- After approval/annotation, request new PSA copy and update IDs/records
Final Note
This article provides a practical framework to handle middle-name discrepancies. Because outcomes depend on your specific documents and facts, when in doubt—especially where filiation or status may be affected—consult your Local Civil Registry and consider obtaining advice from a Philippine lawyer to choose the correct pathway (administrative vs. judicial) and to avoid delays.