Correction of a Wrong Name on a PSA Birth Certificate through Republic Act No. 9048
(as amended by R.A. 10172 and related issuances)
Quick view: R.A. 9048 (2001) lets you correct purely clerical or typographical errors and/or change a first name or nickname in your civil-registry records by filing an administrative petition with the Local Civil Registrar (LCR) or Philippine Consulate—no court case needed. “Wrong name” issues fall into two buckets:
- Clerical/Typographical error – letters were switched, a middle initial was dropped, etc.
- Change of first name/nickname – the recorded first name is not the one you actually use.
Below is a full walk-through of everything you need to know, from legal basis to after-service tips.
1. Legal Framework
| Law / Issuance | Key Points |
|---|---|
| R.A. 9048 (22 Mar 2001) | - LCR/Consul may (a) correct clerical errors in any civil-registry entry, and (b) change a first name or nickname, without a court order. |
| R.A. 10172 (15 Aug 2012) | Extended R.A. 9048 coverage to the day & month of birth and the sex entry if the error is obviously clerical. |
| IRR / Admin. Order No. 1 s. 2001 (as amended 2012) | Detailed forms (CRG 1.1 – 1.4), fees, posting rules, publication, appeal. |
| Civil Registry Law (Act 3753) & Civil Code arts. 376-379 | Still apply for substantive name or status changes that R.A. 9048 does not cover. |
| Supreme Court cases (e.g., Silverio v. Republic, 2007; Republic v. Cuison, 2001) | Clarify that R.A. 9048 procedures are administrative; substantive changes (surname, legitimacy, nationality, year of birth) still need court action. |
2. What Counts as a “Wrong Name”?
| Scenario | Covered by R.A. 9048? | Notes |
|---|---|---|
| “Mariz” typed as “Maris”; “Dela Cruz” typed as “Del Cruz” | ✔ Yes (clerical) | Evident copy-typing mistake. |
| Middle name totally missing or misspelled | ✔ Yes (clerical) | Provide documentary proof. |
| Recorded first name is “Baby Girl” but you have always used “Andrea” | ✔ Yes (change of first name) | Requires newspaper publication & posting. |
| Want to drop or change your family name | ✖ No | Needs judicial proceeding (Rule 103) or RA 9255/11222 etc. |
| Want to fix the year of birth, legitimacy, citizenship, or parentage | ✖ No | Judicial order required. |
Rule of thumb: If the error is obvious on the face of the record or you are merely aligning your first name with habitual use, R.A. 9048 works. Anything that alters civil status or family relationships still goes to court.
3. Who May File
- Owner of the birth record (if of legal age).
- Spouse, children, parents, siblings, grandparents, guardians—if the owner is a minor, deceased, or otherwise incapacitated.
- Duly-authorized representative (with Special Power of Attorney).
4. Where to File
| Situation | Filing Office |
|---|---|
| Birth registered in a Philippine city/municipality and you still reside there | Local Civil Registrar (LCR) of that city/municipality. |
| “Migrant petition”—you now live elsewhere in the Philippines | LCR of current residence (they forward to LCR of place of registration). |
| Born abroad / resident abroad | Philippine Consulate with civil-registry jurisdiction; consulate forwards to PSA. |
5. Documentary Requirements
| For Clerical/Typographical Error | For Change of First Name/Nickname |
|---|---|
| 1. Petition Form (CRG 1.1/1.2/1.4), duly accomplished and notarized. | Same Petition Form, notarized. |
| 2. PSA-issued Birth Certificate (latest security paper). | Same. |
| 3. At least two public or private documents showing correct name (e.g., baptismal certificate, Form 137, voter’s cert., SSS/GSIS, PhilHealth, employment or medical records, passport, driver’s license). | Minimum three supporting docs proving actual use of the desired first name for ≥ 5 years. |
| 4. Valid IDs of petitioner & witnesses. | Same IDs. |
| 5. NBI & Police Clearances (to deter fraud). | Same, plus Clearance from employer (if working) or barangay. |
| 6. If migrant petition: Certificate of posting from receiving LCR. | Same. |
| — | Newspaper publication: once a week for 2 consecutive weeks in a paper of general circulation (submit affidavit & issues). |
(LCRs sometimes add tailor-made checklists—always ask for their Citizen’s Charter.)
6. Step-by-Step Procedure
Pre-assessment. Bring a copy of your PSA birth certificate to the LCR; they will confirm whether the error is within R.A. 9048.
Fill out and notarize the petition. Use black ink, triple-check spellings.
Pay the filing fee.
- ₱ 1,000 – clerical/typographical petition
- ₱ 3,000 – change of first name
- +₱ 1,000 if migrant petition
Posting / Publication.
- Clerical: LCR posts a notice for 10 consecutive days at the municipal bulletin board.
- Change of first name: Aside from the 10-day posting, you must publish in a newspaper 1×/week for 2 weeks.
Evaluation & Decision.
- LCR evaluates within 5 working days after posting period.
- Decision is approved by the Civil Registrar-General (CRG) through the PSA Legal Service.
Transmittal to PSA. LCR forwards approved petition & supporting papers to PSA.
Release of annotated Certificate. After PSA films/scans the annotation, order a new copy (usual wait : 2 – 3 months; longer for consular/migrant cases).
7. Timeline Snapshot
| Stage | Typical Duration* |
|---|---|
| Document gathering & notarization | 1 – 2 days (depends on you) |
| Filing to end of posting | 10 days |
| LCR decision & CRG affirmation | 2 – 4 weeks |
| PSA annotation & release | 6 – 10 weeks |
*Real-world experience varies by locality, backlogs, and courier times.
8. Fees & Other Costs (2025)
| Item | Amount |
|---|---|
| Filing fee (clerical) | ₱ 1,000 |
| Filing fee (change first name) | ₱ 3,000 |
| Migrant surcharge | ₱ 1,000 |
| Newspaper publication (Metro rates) | ₱ 2,500 – 5,000 |
| Certified true copies / PSA SECPA re-issuance | ₱ 155 per copy |
| Notary | ₱ 200 – 500 |
| Optional courier | ₱ 200 – 300 |
9. Grounds & Standards Used by the LCR
For clerical errors – is the mistake obvious and harmless?
For changing first name/nickname – petitioner must prove at least one:
- Name is ridiculous, tainted with dishonor, extremely difficult to write/pronounce; or
- Petitioner has continuously used another first name publicly for ≥ 5 years; or
- Change will avoid confusion.
Failure to substantiate = denial.
10. Possible Outcomes & Remedies
| Outcome | Next Step |
|---|---|
| Approved | Wait for PSA release, then update all IDs, school/work records, bank, PhilSys, etc. |
| Denied by LCR | File Motion for Reconsideration within 15 days or elevate to the Civil Registrar-General (PSA) within 10 days. |
| Denied by CRG | Appeal to the Secretary of Justice (DOJ) within 30 days (quasi-judicial). Further appeal to the Court of Appeals (Rule 43) and ultimately the Supreme Court on pure questions of law. |
11. Effect of Approval
- Annotated PSA copy supersedes the old entry; the rectification takes effect prospectively.
- You must notify government and private entities of the correction: DFA (passport), COMELEC, SSS/GSIS, PhilHealth, PRC, DepEd/CHED, bank, etc.
- No need to surrender old IDs; just present the annotated PSA copy when renewing.
12. Fraud & Penalties
Submitting falsified documents is a crime under the Revised Penal Code (Art. 172-173), Civil Registry Law, and Anti-Falsification Acts—punishable by imprisonment plus fines, and the corrected entry may be cancelled.
13. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I correct my surname spelling under R.A. 9048? | Only if the error is clearly clerical (“Macaraeg” typed “Macarae”). If you’re changing or adding a surname, you need a court action or RA 9255 legitimation, etc. |
| Is publication always required? | Only for change of first name petitions, not for clerical errors. |
| Do I need a lawyer? | Not mandatory, but professional guidance speeds up complex or migrant cases. |
| Will the old incorrect name disappear from the PSA print-out? | No. The new copy shows an “Annotation” block detailing the correction; the original entry is preserved for archiving integrity. |
| How soon can I get a passport with the corrected name? | Once you have the annotated PSA birth certificate (plus usual DFA requirements). Bring the old passport and PSA copy to show continuity. |
| I was born abroad but registered at the consulate—same rules? | Yes; the Consul General acts as the civil registrar. File at the same or any Philippine Consulate with civil-registry service. |
14. Practical Tips for a Smooth Petition
- Photocopy everything (at least 3 sets).
- Use consistent spellings across supporting documents; if not, add an Affidavit of Discrepancy.
- For migrant petitions, track the forwarding reference number so you can follow up with both LCRs.
- Check publication proofs—correct name, petition details, and publication dates must match your petition verbatim.
- Keep digital scans; many agencies now accept e-copies while awaiting PSA release.
15. Sample Outline of the Petition (for clerical error)
Republic of the Philippines Province/City of _____ Office of the City/Municipal Civil Registrar
IN RE: Petition to Correct Clerical Error in the Birth Certificate of [Full Name]
PETITION
- I, [Petitioner’s Name], of legal age, _______ citizen, and resident of _________, under oath state: a. That I am the owner of the certificate of live birth with registry number ________ recorded at the LCR of __________ on ________; b. That the entry for the child’s first name reads “Maris” but should be “Mariz”; c. That said error is clerical/typographical as shown by the attached supporting documents;
- I therefore pray that the LCR be authorized to correct the first name from “Maris” to “Mariz” under R.A. 9048.
[Signature] Petitioner
SUBSCRIBED AND SWORN…
(Use CRG Form 1.1 or 1.2; space constraints trimmed above.)
16. When R.A. 9048 Is Not Enough
| Situation | Proper Remedy |
|---|---|
| Change of surname, legitimation issues, adoption, inter-country adoption | Judicial petition (Rule 103 / Rule 73) or special laws (RA 9255, RA 11222). |
| Transgender name & sex marker change not merely clerical | At present, still judicial (but watch for proposed SOGIE bills). |
| Amending year of birth or birth order | Judicial correction (Rule 108). |
17. Bottom Line
R.A. 9048—strengthened by R.A. 10172—offers a speedy, non-litigious path to fix wrong first names or purely clerical name errors on a PSA birth certificate. Prepare solid proof, follow the LCR’s checklist, and keep close tabs on schedules. For anything that goes beyond clerical slips or first-name usage, the Philippines still requires a court order or a separate special law.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. When in doubt, consult a Philippine lawyer or your local civil registrar.