Change of Surname on Birth Certificate — RA 9048/10172 Petition Process (Philippines)

I. Overview: Name, Surname, and Civil Status in Philippine Law

A person’s name, including their surname, is an aspect of civil status and legal identity. It appears in almost all legal and personal documents: birth certificate, school records, IDs, passports, and contracts. Because of its importance, the law treats changes to one’s name differently depending on whether the change is minor/clerical or substantial.

In the Philippines, Republic Act No. 9048 and its amendment Republic Act No. 10172 introduced an administrative (non-judicial) process to correct certain entries in the civil register, including some involving the surname. However, not all surname changes are covered by these laws. Many still require a court petition, particularly where the change is substantial (e.g., changing to a completely different surname for personal reasons).

This article focuses on what can and cannot be done under RA 9048 and RA 10172, with emphasis on the change or correction of surname entries on the birth certificate.

II. RA 9048 and RA 10172: What They Actually Cover

1. RA 9048 (Clerical Errors and Change of First Name/Nickname)

RA 9048 allows the City/Municipal Civil Registrar or the Consul General to administratively:

  1. Correct clerical or typographical errors in entries of the civil register; and
  2. Allow the change of first name or nickname in the civil register, without going to court.

A clerical or typographical error is generally understood as a harmless mistake in writing, copying, transcribing or typing which is visible and obvious, and does not involve a change in nationality, age, or status.

This can include errors in the surname, for example:

  • A letter missing, added, or transposed in the surname.
  • Clearly misspelled surname inconsistent with other documents.
  • Use of “Rayes” instead of the correct “Reyes”, where all other records show “Reyes”.

In those cases, correcting the surname spelling may be done via RA 9048.

However, RA 9048 does not authorize substantial changes of surname, such as:

  • Changing from the maternal surname to the paternal surname (in most cases).
  • Changing to an entirely new surname (for personal preference).
  • Dropping or adding a surname to reflect a new identity (unless covered by another specific law and procedure).

Those are generally judicial matters under Rule 103 or Rule 108 of the Rules of Court, or governed by other special laws (e.g., RA 9255 for illegitimate children using the father’s surname, adoption, legitimation).

2. RA 10172 (Amendment Expanding RA 9048)

RA 10172 amended RA 9048 to expand the administrative correction system to cover errors in:

  • The day and month (but not the year) in the date of birth; and
  • The sex/gender of the person, if the error is clearly clerical or typographical (e.g., all documents, appearance, and medical proof show “female” but the birth certificate says “male” due to a mistake).

These corrections, like those under RA 9048, are done administratively with the civil registrar or consul.

RA 10172 does not itself create an independent regime for changing surnames; it merely extends the administrative correction mechanism to additional types of entries.

III. When Can the Surname Be Corrected Under RA 9048/10172?

Under RA 9048 (as amended), the surname on the birth certificate may be corrected administratively if:

  1. The error is clerical or typographical; and
  2. The correction will not change nationality, age, or civil status.

Examples:

  • Wrong spelling: “De Guzmn” instead of “De Guzman”.
  • Obvious copying error: parents’ surnames are “Cruz” and “Santos” but the child’s surname is written “Curz” in the birth certificate.
  • Inconsistent with other records: child has always been known as “Reyes” and all school, medical, and church records carry “Reyes,” but the birth certificate, due to typing error, shows “Reyes”.

These are classic clerical corrections, which fall within the scope of RA 9048 and can be addressed via petition before the local civil registrar.

IV. When Is a Change of Surname Not Allowed Under RA 9048/10172?

RA 9048 and RA 10172 do not authorize changes that are substantial or based on personal preference. These typically require a judicial petition. Some examples:

  1. From mother’s surname to father’s surname

    • If the child is illegitimate and was correctly recorded using the mother’s surname, switching to the father’s surname is not usually just a clerical correction.
    • Instead, this is governed by RA 9255, which allows illegitimate children to use the father’s surname if certain conditions (e.g., acknowledgment) are met, and the process is distinct, though still done through the civil registrar.

  2. Changing to an entirely new surname

    • Example: From “Santos” to “Del Rosario” simply because the person dislikes “Santos.”
    • This is not a clerical error. It requires a petition for change of name under Rule 103 in court.

  3. Dropping the surname of a parent due to personal or emotional reasons

    • Example: Dropping the father’s surname because of strained relations.
    • This is a substantial change and must be pursued through judicial proceedings.

  4. Changes that would affect civil status, age, or nationality

    • Any change in surname that would imply, or effectively cause, a change in legitimacy, filiation, civil status or citizenship is outside RA 9048 and RA 10172.

In short, RA 9048/10172 = administrative, clerical-type corrections (including surname spelling); Substantial surname changes = generally judicial (court) or governed by other specific statutes.

V. Who May File a Petition Under RA 9048/10172 (Surname Corrections)?

For surname corrections that qualify under RA 9048/10172, the following may file:

  • The person whose record is to be corrected (if of age);
  • The spouse;
  • The parents;
  • The children;
  • The guardian; or
  • A duly authorized representative (with appropriate authority).

VI. Where to File the Petition

Typically, the petition for correction of the surname (clerical) is filed with:

  1. The Local Civil Registrar (LCR) of the city or municipality where the birth was recorded; or
  2. If the person is born abroad, the petition is filed with the Philippine Consulate where the birth was reported;
  3. In certain situations, the petition may be allowed in the LCR of the place where the petitioner resides, but the record involved is that of another LCR—coordination between registrars then follows.

The LCR or Consul General acts as the administrative authority empowered by RA 9048/10172.

VII. Substantive Content of the Petition

The petition is:

  • In written form, verified (sworn to under oath),
  • Usually required in multiple copies,
  • Accompanied by passport-size photos of the petitioner or person whose record is to be corrected.

It generally contains:

  1. Personal details of the petitioner;
  2. Details of the birth record (name, date and place of birth, parents’ names);
  3. The specific entry to be corrected (e.g., the incorrectly spelled surname);
  4. The proposed correct entry;
  5. A full explanation of the error and why the correction is sought;
  6. A list of supporting documents.

VIII. Supporting Documents for Surname Corrections

To prove that the error is merely clerical or typographical, the petitioner typically submits:

  1. Certified machine copy of the birth certificate (from PSA or LCR);

  2. At least two or more public or private documents showing the correct surname, such as:

    • Baptismal/confirmation certificate
    • School records (Form 137, diplomas, report cards)
    • Medical records
    • Employment records
    • Government-issued IDs
    • Voter’s registration records
    • SSS, GSIS, PhilHealth, Pag-IBIG records

  3. Affidavits of disinterested persons, who can attest to the correct surname and long-standing use;

  4. For some types of petitions (especially change of first name or correction of sex/date of birth), clearances (NBI, police, employer) may be required by the civil registrar. Though these are more emphasized in first-name and sex/date corrections, it is common for registrars to ask for similar proofs to avoid fraud.

The objective is to convince the civil registrar that:

  • The incorrect entry was truly a mistake in writing or typing, not a deliberate choice; and
  • The proposed correction is consistent with the true and correct facts, as shown in other records.

IX. Fees and Publication/Posting Requirements

1. Filing Fees

The law and implementing rules provide for fees for filing petitions, which can vary and may be adjusted over time. These are paid at the LCR or consulate. Indigent petitioners may ask about possible exemptions or reductions following local policies.

Because amounts change periodically, the safest practical step is always to inquire directly with the LCR or PSA for current fees.

2. Posting and/or Publication

  • For clerical or typographical errors, the petition is generally posted in a conspicuous place in the LCR office for a specified period (e.g., at least 10 days). This allows any interested person to be informed and, if necessary, to oppose.

  • For change of first name and some RA 10172 corrections (day/month of birth and sex), newspaper publication is required (typically once a week for two consecutive weeks) as part of the due process safeguards.

  • For surname corrections strictly due to clerical error, it is usually posting, not full newspaper publication, that is required, though individual LCRs may have additional administrative practices.

X. Action by the Civil Registrar or Consul

After filing, the civil registrar or consul shall:

  1. Examine the petition and documents to determine if the case is properly within RA 9048/10172 (i.e., really clerical, not substantial);

  2. Conduct other necessary investigation/verification, which may include:

    • Interviewing the petitioner;
    • Checking records with other offices (schools, churches, etc.);

  3. Ensure procedural compliance (fees paid, posting/publication done, clearances provided).

The civil registrar then issues a decision:

  • Approval – if convinced that the error is clerical and the evidence supports the correction.
  • Denial – if the error is not clerical, or evidence is insufficient, or the change would affect status/age/nationality.

There are statutory timeframes within which the registrar must act, though in practice delays may occur.

XI. After Approval: Effect on the Birth Certificate and Other Records

If the petition is approved:

  1. The civil registrar makes the correction in the civil registry, typically by annotation on the existing birth record.

  2. The Philippine Statistics Authority (PSA) is notified, and PSA copies will show the annotation reflecting the correction.

  3. The corrected/annotated PSA birth certificate is then used for:

    • Passport applications;
    • School and employment purposes;
    • Government transactions;
    • Updating IDs and records (SSS, GSIS, bank, etc.).

Important points:

  • The corrected entry is treated as the official and legal entry going forward.
  • Because the correction under RA 9048/10172 is administrative, it does not, by itself, alter legitimacy, citizenship, or civil status; it merely aligns the record with the correct facts.

XII. Remedies if the Petition Is Denied

If the LCR or consul denies the petition (for example, on the ground that the change sought is substantial and not clerical):

  1. The petitioner may elevate the matter to the Civil Registrar General (CRG) at PSA following the rules; or
  2. File the appropriate judicial petition (e.g., petition for change of name under Rule 103, or petition for cancellation/correction of entries under Rule 108).

In other words, denial under RA 9048/10172 does not bar a person from going to court. It simply means the case may be beyond the administrative authority of the civil registrar.

XIII. Interaction With Other Laws on Surname Changes

While RA 9048 and RA 10172 cover clerical corrections (including in surname), several other laws and rules intersect with surname issues:

  1. RA 9255 – allows an illegitimate child to use the father’s surname if filiation is acknowledged in the manner required by law. This is often processed through the LCR, but it is a different legal basis from RA 9048/10172.

  2. Adoption laws – Adoption generally carries a change in the child’s surname to that of the adoptive parent(s), done through court proceedings and subsequent annotation on the civil registry record.

  3. Legitimation – When legitimation by subsequent marriage applies, surname changes (usually to that of the father) follow as a legal consequence of the change in status.

  4. Rule 103 (Change of Name) and Rule 108 (Cancellation/Correction of Entries) – Govern judicial petitions, typically used when:

    • The change is substantial;
    • There is doubt or controversy over facts;
    • The change would effectively affect status or has broader consequences.

Courts recognize certain grounds for substantial change of surname, such as:

  • When the name is ridiculous, tainted, or extremely difficult to write or pronounce;
  • To avoid confusion with others;
  • To conform to continuous and immemorial use;
  • When warranted by legitimate and reasonable cause (e.g., effect of adoption, legitimation, or naturalization).

XIV. Practical Tips and Common Situations

  1. Misspelled Surname on Birth Certificate

    • If all other records (school, baptismal, IDs) show the same correct spelling, this is almost always a RA 9048 clerical correction case.
    • Proceed with a petition to the LCR, with as many supporting documents as possible.

  2. Wanting to Use Father’s Surname but Recorded Under Mother’s Surname (Illegitimate Child)

    • This is not covered by RA 9048 as a simple clerical correction.
    • The case usually falls under RA 9255, requiring acknowledgment by the father in the manner prescribed by law and compliance with its specific procedures.

  3. Name Has Been Used Differently in Practice (e.g., Double Surname, Dropping One Surname)

    • If the birth certificate is technically correct but the person has used another surname in school or employment, the issue is more complex.
    • RA 9048 may not apply if no clerical error exists; the person might need judicial relief to reconcile records.

  4. Changing Surname After Marriage or Annulment

    • Using or dropping the spouse’s surname is governed by the Family Code and related jurisprudence.
    • The marriage certificate is the primary reference, but if the birth certificate needs adjustment (rare and context-dependent), a judicial or specific administrative route may be required. RA 9048 is usually not the primary tool for these scenarios.

XV. Key Takeaways

  • RA 9048 and RA 10172 provide a non-judicial, administrative remedy for clerical or typographical errors in civil registry entries, including surname spelling, and for the change of first name/nickname, and correction of day/month of birth and sex when clearly clerical.

  • They do not authorize major or substantive changes in surname, especially when such change would:

    • Reflect a new identity;
    • Shift from mother’s to father’s surname absent a separate legal basis; or
    • Affect civil status, age, or nationality.

  • For surname issues, always ask:

    1. Is the birth certificate entry plainly a clerical/typing mistake?

      • If yes → likely covered by RA 9048 (and processed with the LCR).

    2. Is the change sought a major change in identity or status?

      • If yes → usually requires court proceedings or another special law (RA 9255, adoption, legitimation, etc.).

  • Even after an administrative petition is denied, one can still go to court for a judicial remedy.

XVI. Final Note

While RA 9048 and RA 10172 have made it easier and faster to correct certain errors in the birth certificate, especially clerical mistakes in the surname, they are carefully limited to prevent abuse and to preserve the integrity of civil status records. Anyone seriously considering a change or correction in surname on their birth certificate should:

  • Clearly distinguish between clerical and substantial changes; and
  • Be prepared, when in doubt, to seek independent legal advice and, if necessary, file a judicial petition where the law requires it.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login