Correction of the Father’s Name on a PSA Birth Certificate
Legal framework, procedures, evidentiary requirements, common pitfalls, and practical tips (Philippine perspective, updated to 1 May 2025)
1. Why the father’s name matters
A birth certificate issued by the Philippine Statistics Authority (PSA) is the State’s primary proof of a person’s identity, parentage, nationality, and civil status. An error in the father’s name can affect:
| Area | Typical Impact |
|---|---|
| Citizenship & passport issuance | Proof of Filipino parentage for a child born abroad; DFA verification. |
| Legitimacy & surnames | Whether the child is legitimate (parents married) or illegitimate (parents unmarried) affects compulsory heirship, support and surname use. |
| Government benefits | SSS/GSIS survivorship, PhilHealth dependents, estate tax settlement. |
| School & employment | Clearance, professional licensure, PRC and NBI checks. |
2. Identify the type of “error” first
- Purely clerical/typographical – e.g., “Roberto” spelled “Ruberto,” wrong middle initial, transposed letters.
- Substantial change – replacing one man’s name with another, adding a previously blank father’s name, or deleting an erroneously entered man.
- Addition of paternity & change of the child’s surname for an illegitimate child (i.e., parents not married) – the child wants to carry the father’s surname.
Each scenario triggers a different remedy, summarized below.
3. Governing statutes & rules (key provisions)
| Law / Rule | Scope vis-à-vis father’s name |
|---|---|
| Republic Act (R.A.) 3753 (Civil Registry Law, 1930) | Created the civil registry system; defines “substantive” vs. “clerical” entries. |
| R.A. 9048 (2001) as amended by R.A. 10172 (2012) | Administrative correction of clerical or typographical errors and day/month of birth or sex. Misspelled father’s name falls here. |
| Rule 108, Rules of Court | Judicial correction/cancellation of substantial entries: filiation, legitimacy, paternity, or surname change that is not merely clerical. |
| R.A. 9255 (2004) | Allows an illegitimate child to use the father’s surname without a court case if the father executes an Affidavit of Acknowledgment/Admission of Paternity. |
| Family Code (1988) arts. 172-176 | Proof and effects of filiation, recognition, and legitimation. |
| Relevant jurisprudence: Republic v. Caguioa (G.R. 170166, 2010); Silverio v. Republic (G.R. 174689, 2007); Republic v. Uy (G.R. 198727, 2017) – confirm Rule 108’s flexible, summary-but-adversarial nature for substantial changes. |
4. Scenario A – Clerical/Typographical error (R.A. 9048/10172)
Where to file:
- Local Civil Registry Office (LCRO) of the city/municipality where the birth was registered, or where the child is currently residing for at least six months.
Who may file:
- The registered person (if of age), or his/her spouse, children, parents, siblings, grandparents, guardian, or duly authorized lawyer.
Documentary requirements (typical):
- Petition (Form CRG-RA 9048-1) – notarized & in triplicate.
- Certified true copy of the Certificate of Live Birth (COLB) from PSA.
- Public or private documents showing correct spelling (e.g., marriage certificate of parents, father’s birth certificate, school records, baptismal certificate).
- Valid government ID of the petitioner.
- Filing fee: ₱3,000 at LCRO; ₱1,000 endorsement fee to PSA (higher if filed with Philippine consul abroad).
Procedure & timeline:
- LCRO receives and posts the petition for 10 consecutive days on its bulletin board.
- Local Civil Registrar (LCR) evaluates; may require clarifications.
- If meritorious, LCR attorney-certifies the decision; transmits to PSA-Office of the Civil Registrar General (OCRG).
- PSA OCRG affirms / denies within ~1–3 months.
- Result: An annotated birth certificate is issued; the old entry remains visible but is ruled “Cancelled per RA 9048.”
5. Scenario B – Changing or inserting a different father’s name (substantial)
Because this affects filiation—a matter of status and citizenship—it cannot be done administratively. A verified petition under Rule 108 must be filed with the Regional Trial Court (RTC) of the province or city where the LCRO is located.
Step-by-step overview:
| Stage | Key actions |
|---|---|
| 1. Draft & file petition | Name the civil registrar and all indispensable parties (mother, alleged father, putative father, and child if of age); attach PSA birth certificate and evidence. Pay filing fee (≈ ₱4,000–₱6,000) and docket fee. |
| 2. Court order & publication | Judge issues an order setting hearing and directing publication once a week for 3 consecutive weeks in a newspaper of general circulation. |
| 3. Service of summons | Personal or substituted service on each respondent; posting at LCRO. |
| 4. Hearing | Present testimonial & documentary evidence: DNA test results (optional but persuasive), notarized admissions, school & medical records, etc. |
| 5. Decision | If granted, the RTC directs the LCRO and PSA OCRG to correct the birth record. |
| 6. Annotation | LCRO annotates; PSA issues a new annotated copy reflecting the correct father’s name. |
Practical notes:
- Publication & summons ensure due process; skipping them voids the decree.
- DNA testing is not mandatory but often shortens litigation.
- Typical case duration: 6 months to 1.5 years, depending on opposition and court docket congestion.
6. Scenario C – Illegitimate child wishes to carry father’s surname (R.A. 9255)
If the birth certificate originally shows no father or lists the child’s surname as the mother’s:
- Affidavit to Use the Surname of the Father (AUSF) – Jointly executed by the father and mother or by the child (if 18+), signed before the LCR or a consul.
- Affidavit of Acknowledgment/Admission of Paternity – Executed solely by the father.
- Supporting evidence of filiation:
- PSA copy of child’s COLB (with blank father’s name).
- Father’s IDs and birth certificate.
- Maternal consent – If child is below seven (7) years.
- Filing & fees: at LCRO; similar amounts as RA 9048.
- Effect: Child acquires father’s surname prospectively; legitimacy is not affected (still illegitimate unless subsequently legitimated or parents marry).
An erroneous or incomplete father’s name entered after a valid AUSF may still be repaired through RA 9048 (if spelling) or Rule 108 (if replacing a different father).
7. Evidence checklist (general)
| Purpose | Typical acceptable evidence |
|---|---|
| Correct spelling of father’s name | Father’s PSA birth certificate, passport, driver’s license, SSS/GSIS records. |
| Paternity / filiation | DNA test, AUSF, notarized acknowledgment, public/private writings, baptismal & school records naming the father, continuous and obvious possession of a child status (arts. 172-173, Family Code). |
| Marital status of parents | PSA marriage certificate or Certificate of No Marriage (CENOMAR). |
| Identity of petitioner | Government-issued ID with photo & signature. |
8. Fees & timelines at a glance
| Remedy | Gov’t fees* | Typical total cost (w/ publication, DNA) | Processing time |
|---|---|---|---|
| RA 9048/10172 (clerical) | ₱3 k – ₱4 k | ₱4 k – ₱10 k | 2–4 months |
| RA 9255 (surname of father) | ₱3 k – ₱4 k | ₱4 k – ₱10 k | 1–3 months |
| Rule 108 (RTC) | ₱4 k – ₱6 k filing + ₱6 k – ₱10 k publication | ₱25 k – ₱150 k (adds atty.’s fees, DNA) | 6 mo – 1.5 yr |
*Fees vary by locality and abroad.
9. Common mistakes & how to avoid them
| Mistake | Consequence | Tip |
|---|---|---|
| Filing RA 9048 for a substantial change | Petition will be outright denied | Ask the LCR: Is it clerical or substantial? |
| Naming only the LCR in a Rule 108 petition | Judgment becomes void for lack of indispensable party | Include mother, alleged father, and child (if of age). |
| Skipping newspaper publication in Rule 108 | Judgment void; PSA will refuse annotation | Secure publisher’s affidavits of publication and clipping. |
| Using “Affidavit of Two Disinterested Persons” alone to prove paternity | Accepted only for RA 9048 typos, not for changing fathers | Prepare stronger evidence (DNA, acknowledgment, continuous possession of status). |
| Not following AUSF form in RA 9255 | LCRO will not accept | Use PSA-provided AUSF template; fill in all blanks. |
10. After the correction – getting a new PSA copy
- Wait for PSA OCRG’s confirmation (LCRO usually notifies you).
- Request a “Certificate of Live Birth – with annotations” at the PSA’s Serbilis Center or online at https://psaserbilis.com.ph.
- Ensure that government agencies (DFA, SSS, PhilHealth, school registrar, PRC) are shown the latest copy; keep the old erroneous copy in your personal file (it is not “deleted”—only annotated).
11. Special situations & nuanced points
| Situation | Applicable rule / note |
|---|---|
| Father deceased before acknowledgment | Judicial action (Rule 108) required; heirs must be impleaded. |
| Child already 22 years old | Still may use RA 9255; personal execution of AUSF (no more parental consent). |
| Foreign-registered birth later transcribed into Philippine register | File petition with PSA’s Legal Services or through Philippine consulate depending on where the transcription occurred. |
| Substitution of father after paternity fraud | Only via Rule 108; higher burden because it affects filiation and legitimacy. |
| Legitimation by subsequent marriage (art. 178, Family Code) | Do legitimation first (RA 9858 if cohabiting partners); father’s name is corrected as a consequence. |
12. Penalties for fraud & falsification
- Art. 171-172, Revised Penal Code: prison mayor (6 yrs 1 day – 12 yrs) for falsifying civil registry documents.
- Art. 347, RPC: simulation of births.
- Any intentional misrepresentation in affidavits submitted to LCRO/RTC may also lead to perjury (Art. 183, RPC).
13. Practical pointers
- Start at the LCRO. Even if you expect a court case, the LCRO can preliminarily classify the error.
- Collect multiple IDs / documents showing the father’s correct name before filing.
- Budget realistically. Court costs, DNA testing (₱10 k – ₱18 k), publication, and lawyer’s fees quickly add up.
- Plan for lead time. Passport or board exam coming up? File for correction at least six months ahead.
- Engage counsel early when the change is substantial; procedural lapses are the #1 reason petitions fail.
Take-away
- Misspellings → fix administratively under R.A. 9048/10172.
- Changing/adding a father → go to court via Rule 108.
- Illegitimate child wants dad’s surname → file R.A. 9255 AUSF.
With complete evidence and the correct procedural track, correcting the father’s name—while paperwork-intensive—is entirely achievable. When in doubt, consult your LCRO or a Philippine lawyer specializing in civil registry law.