Correction of Surname in a PSA Birth Certificate (Philippines) A comprehensive legal-practice note, updated to July 11 2025

1. Why surname corrections matter

Errors or outdated information in the surname entry of a Philippine Statistics Authority (PSA) birth certificate can hamper passport issuance, school enrolment, employment, inheritance, migration petitions, and social-security or banking transactions. Philippine law provides two broad pathways to fix those entries:

Pathway	Governing law	Scope	Typical examples
Administrative petition	Republic Act (RA) 9048 (2001) as amended by RA 10172 (2012)	Clerical or typographical errors in the surname	“Cruz” spelled “Cruzs”; wrong spacing (“De-la Cruz” vs “Dela Cruz”)
Judicial petition	Rule 103 (Change of Name) & Rule 108 (Cancellation/Correction of Entries) of the Rules of Court, plus civil-registry case law	Substantial changes: adopting a different surname, changing lineage or legitimacy, correcting citizenship or civil status	Switching from mother’s to father’s surname without AUSF; removing an entry made under duress; fixing a double registration

A third statute, RA 9255 (2004), provides an administrative route specifically for an illegitimate child who wishes to use the biological father’s surname via an Affidavit to Use the Surname of the Father (AUSF).

2. Statutory framework at a glance

Statute / Rule	Key provisions on surnames
Civil Registry Law (RA 3753, 1949)	Establishes the local civil registrar (LCR) system and PSA central index.
RA 9048 (2001)	Allows LCRs to correct clerical/typographical errors and to change the first name or nickname without court; extends to minor surname misspellings.
RA 10172 (2012)	Expands RA 9048 to cover clerical errors in day and month of birth and sex.
RA 9255 (2004)	Permits an illegitimate child to elect the father’s surname through AUSF, recorded administratively.
Rule 103 (Change of Name)	Court petition for voluntary change (e.g., from “Juan Dela Cruz” to “Juan Reyes”) for proper and reasonable cause.
Rule 108 (Cancellation or Correction of Entries)	Judicial correction of substantial errors in civil-registry entries.
Selected jurisprudence	Republic v. Valencia (G.R. L-32185, 1981) – applied Rule 108 to substantive changes; Silverio v. Republic (G.R. 174689, 2007) – gender-change requires Rule 108; Republic v. Uy (G.R. 198010, 2013) – surname change of illegitimate child absent AUSF is substantial and requires court.

3. Administrative route under RA 9048/10172

Who may file The owner of the record, spouse, children, parents, siblings, grandparents, guardian, or a duly authorized representative.
Where to file
- Primary: LCR of the city/municipality where the birth was recorded.
- Alternative: LCR of the petitioner’s current residence, if different.
- Abroad: Philippine Consulate with civil-registry authority (petition is forwarded to the LCR).
What errors qualify
- Obvious misspellings (“Madridejos” → “Madredijos”).
- Wrong spacing, capitalization, diacritical marks (ñ, -).
- Erroneous suffix (“Jr.” printed as “Sr.”).
- Not allowed: adopting an entirely different surname, legitimation matters, or changing parentage.
Documentary requirements (samples; the LCR may ask for more)
- Four copies of Petition in affidavit form (verified and notarized).
- Latest PSA-certified birth certificate with the error.
- At least two public or private supporting documents showing the correct spelling (school records, passport, voter’s ID, SSS/GSIS records, baptismal certificate).
- Certification of posting (the LCR posts the petition for ten consecutive days on the LCR bulletin board).
- Newspaper publication is not required for mere clerical-surname errors (publication applies only to change of first name petitions).

Fees & timeline

Item	Typical cost (PHP)
Filing fee (RA 9048)	1,000 (foreign filing: US $50)
Endorsement fee to PSA	140
Certified copy after approval	155 per copy
Incidental notarization & docs	500 – 2,000
Processing averages 2 – 3 months after complete submission.

Outcome
- LCR issues a Decision/Certification of Finality if the petition is granted.
- PSA produces an annotated birth certificate; the original incorrect entry remains visible, but the annotation states the corrected surname per RA 9048.

4. Administrative route under RA 9255 (AUSF)

Eligibility
- Child was born outside a valid marriage (illegitimate).
- Biological father’s identity is established and he or the mother is willing to execute an AUSF.
Key steps
1. Prepare AUSF form (4 copies) – may be signed:
  - Jointly by mother & father; or
  - Solely by mother if father is unavailable but paternity is proven (e.g., Recognition in the birth certificate, DNA, or court order).
2. Attach:
  - PSA birth certificate.
  - Father’s notarized Acknowledgment of Paternity, or RA 9255 Compliance Affidavit explaining absence.
  - Any two IDs of parents; child’s ID if 18 +.
3. File with the LCR where the child’s birth was registered (or at the Philippine Consulate).
4. Pay ~P1,000 filing fee + annotation fees.
5. No court hearing required.
Effect
- Child’s civil status remains illegitimate (unless legitimated later under RA 9858 or by subsequent marriage).
- Child is thereafter legally entitled to use the father’s surname for all purposes.

5. Judicial route (Rules 103 & 108)

Use this path when the desired correction is beyond RA 9048/10172, such as:

Scenario	Proper rule	Venue
Changing surname for adoption, legitimation, or recognition of foreign divorce	Rule 108 & pertinent family laws	RTC where civil registry is located
Dropping a double registration, correcting both surname and citizenship, or asserting filiation	Rule 108 (cancellation/correction)	RTC
Voluntary change to a completely new surname for personal/ security reasons	Rule 103 (change of name)	RTC of province/city of residence for at least 3 yrs

Procedural checklist (Rule 108 typical):

Verified petition filed in the Regional Trial Court (RTC) as a special proceeding.
Publication in a newspaper of general circulation once a week for three consecutive weeks.
Notice & opposition by the PSA and Office of the Solicitor General.
Non-adversarial or full-blown trial depending on the issue.
RTC decision; if unopposed and documentary, often decided in six to twelve months.
After finality, the RTC serves entry of judgment on the LCR and PSA for annotation.

Costs: Filing fees (~P4,000 – P8,000), lawyer’s fees (market-rate; contingent), publication (P8,000 – 15,000), incidental expenses.

6. Evidence that convinces the LCR or Court

Consistency across public instruments (school records, employment files, medical records).
Contemporaneous usage: documents closest in time to birth carry more weight.
Handwriting proof: If misspelling is obvious, bring the hospital or midwife COLB/registry page.
DNA test (optional) in contested paternity cases.
Foreign documents must be authenticated (apostilled) and, if not in English/Filipino, officially translated.

7. Typical problem areas & practical tips

Issue	Tip
“No record found” at PSA	First verify at LCR; request manual retrieval or endorse reconstruction if record was lost (see PSA-LCR Joint Memorandum-Circular 2019-1).
Multiple registrations	DO NOT file RA 9048; instead seek consolidation/cancellation under Rule 108.
Father deceased or abroad (AUSF)	Mother may execute AUSF with supporting Public Instrument recognizing paternity (e.g., notarized affidavit, will, insurance).
Child already over 18	S/he signs the AUSF too; if abroad, execute through Consulate.
Non-Filipino parent	Foreign IDs/passport must be apostilled; if father’s home country forbids legitimation, Philippine process still applies for Philippine records.
Passport renewal while petition pending	DFA may issue a passport valid for one year upon proof of pending correction; bring LCR receipt and petition.

8. Timeline snapshot (administrative vs. judicial)

Filing → Posting (10 days) → LCR Decision (≈30 days) → PSA annotation (≈30 days)  
TOTAL: ~2 months  ➜  RA 9048 clerical surname fix

Filing → Publication (3 weeks) → Hearing(s) → Decision → Finality (15 days) → PSA annotation  
TOTAL: 6–12 months  ➜  Rule 108 substantial surname change

9. Overseas Filipinos

Consular filing (RA 9048/AUSF): Philippine Embassies/Consulates act as LCR-outsourced units; fees are in US $ or local currency.
Court petitions: Must be filed in the Philippines; you may appoint an attorney-in-fact via SPA (consularized/apostilled).
Delivery of annotated PSA copies: PSA Serbilis online courier or authorized representative.

10. Key takeaways for practitioners and applicants

Assess whether the error is “clerical” or “substantial”. This determines administrative vs. judicial route.
Gather documentary proof early. The burden of evidence lies on the petitioner; inconsistencies prolong processing.
Mind publication & posting rules. Non-compliance voids the proceedings.
Expect annotation, not erasure. Corrected PSA certificates always retain the original entry with a marginal note.
RA 9255 is the simplest route for an illegitimate child to bear the father’s surname—but does not confer legitimacy.
Consult a lawyer for complex cases. Especially when parentage, citizenship, or legitimacy is contested, or when multiple civil-status entries must be corrected simultaneously.

This article is for informational purposes only and does not constitute legal advice. Laws, regulations, and fees may change; always verify with the local civil registrar, the PSA, or competent counsel before proceeding.