How to Annotate a PSA Birth Certificate in the Philippines
A practical, legally grounded guide (Philippine context)
What “annotation” means: On PSA Security Paper (SECPA) copies, an annotation is text printed—typically in the left margin or bottom area—stating that a particular entry in the civil register has been corrected, added, cancelled, or updated pursuant to a law, rule, or court/administrative order. The underlying record kept by the Local Civil Registry Office (LCRO) is the “source of truth”; PSA mirrors it. Until PSA receives and encodes the LCRO’s approved action, your PSA copy won’t show the change.
The legal building blocks (know these first)
- Article 412, Civil Code & Rule 108 (Rules of Court): Substantial corrections to civil registry entries generally need a court order—unless a special law allows an administrative fix.
- R.A. 9048 (“Clerical Error Law,” 2001): Lets you administratively correct clerical/typographical errors and change a first name or nickname at the LCRO (or a Philippine consulate), instead of going to court.
- R.A. 10172 (2012): Extends R.A. 9048 to allow administrative correction of the day and/or month of birth and sex only when the error is clerical (e.g., an obvious encoding mistake at registration). It does not allow a sex change based on gender identity; anything non-clerical needs court.
- R.A. 9255 (2004) + Revised IRR: Allows an illegitimate child to use the father’s surname when the father acknowledges paternity and an Affidavit to Use the Surname of the Father (AUSF) is executed.
- Legitimation by subsequent marriage (Family Code, as amended by R.A. 9858): If parents had no legal impediment to marry at the child’s birth (age can now be the only impediment under R.A. 9858) and they later marry each other, the child can be legitimated; the birth record gets an annotation.
- Adoption (R.A. 11642, 2022): Domestic adoption is now administrative via the National Authority for Child Care (NACC). PSA issues an amended birth certificate (not just an annotation) per the NACC Order; the original record is sealed.
- Late/Delayed registration: If birth wasn’t registered on time, LCRO registers it late; PSA copies are annotated “Late Registration.”
Filing fees (typical, by law): Under R.A. 9048/10172, statutory filing fees apply (commonly ₱1,000 for clerical errors; ₱3,000 for change of first name or for R.A. 10172 corrections when filed in the Philippines; higher if filed abroad in USD). Expect additional local posting/publication and documentary fees. Always verify the LCRO’s current schedule.
What can be annotated (and how)
Below are the most common scenarios, the right legal path, and what ends up printed as an annotation on the PSA copy.
1) Correct a clerical/typographical error (R.A. 9048)
Examples: Misspelling of your given/last name, wrong place of birth, transposed letters, minor errors in parents’ details.
Where to file: LCRO where the record is kept or LCRO of your current residence (they’ll forward to the place of registration). Overseas: at the Philippine embassy/consulate.
Who may file: The record owner; if a minor, a parent/guardian; also spouse/children/parents/siblings or a duly authorized representative.
Core requirements:
- Petition for Correction (R.A. 9048 form), sworn.
- Earliest and most consistent documents proving the correct data (baptismal certificate, early school records, immunization records, medical/hospital records, IDs, employment or SSS/PhilHealth/GSIS, etc.).
- PSA SECPA copy of the birth certificate and sometimes an LCRO-certified copy.
- Posting at the LCRO (no newspaper publication for simple clerical errors).
- Fees and valid ID(s).
Resulting annotation: “Corrected the entry for ____ pursuant to R.A. 9048… (date, reference).”
Tip: If the year of birth is wrong, that’s not covered by R.A. 10172; changing the year generally requires a Rule 108 court petition (unless the LCRO confirms it was a purely mechanical encoding error with clear documentary trail—rare; expect judicial route).
2) Change of first name or nickname (R.A. 9048)
Grounds (must state and evidence at least one):
- The first name is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce;
- The new first name has been habitually and continuously used and you’ve been publicly known by it;
- The change will avoid confusion.
Where/Who: Same as above (LCRO; consulate; eligible petitioners).
Extra requirements:
- Newspaper publication (once a week for two consecutive weeks) of the petition (statutory requirement for first-name changes).
- Proof of habitual use (if Ground #2): old school records, IDs, employment files, professional licenses, signatures, etc.
Resulting annotation: States the old and new first name and legal basis (“Change of first name pursuant to R.A. 9048…”).
3) Correct day/month of birth or sex if the error is clerical (R.A. 10172)
Use this only when the LCRO/PSA entry clearly mis-typed what the medical or contemporaneous records show.
Core requirements:
- Petition under R.A. 10172, sworn.
- Medical record at birth (e.g., Certificate of Live Birth worksheet, hospital/attendant’s record). If unavailable, two disinterested persons’ affidavits plus early, consistent records.
- For sex: a medical certification from the attending physician/midwife at birth (or equivalent hospital record). Later medical tests are not enough if they contradict facts at birth.
- Posting at LCRO; fees (commonly ₱3,000 in PH).
When you cannot use R.A. 10172:
- Cases involving gender identity/transition or intersex conditions beyond a clerical mistake—these typically require Rule 108 court proceedings (note: SC jurisprudence allows certain intersex corrections based on medical evidence; transsexualism alone has been denied in past cases).
Resulting annotation: “Corrected the day/month/sex from ___ to ___ pursuant to R.A. 10172…”
4) Add the father’s surname for an illegitimate child (R.A. 9255; AUSF)
Goal: Child uses the father’s surname and, if blank before, the father’s details appear as acknowledged.
Prerequisites: Acknowledgment of paternity by the father through:
- Affidavit of Admission/Acknowledgment of Paternity (AAP) executed by the father; or
- A Private Handwritten Instrument (PHI) by the father acknowledging the child; or
- A notarized public document showing acknowledgment.
Who executes the AUSF:
- Father executes AUSF if there’s no prior AAP/PHI, or when required by the LCRO.
- Mother may execute AUSF if there’s already an AAP/PHI or if the father executed the acknowledgment in the birth record.
- If the father is deceased, AUSF may still proceed only if there’s a valid PHI or public acknowledgment left by the father.
Child’s consent: If age 7 to below 18, a written Affidavit of Consent of the Child is required.
Effects on the record:
- Child’s surname becomes the father’s;
- Child’s middle name becomes the mother’s maiden surname (standard Philippine naming convention for legitimate/legitimated children is applied by practice for RA 9255 cases as well);
- Father’s details and acknowledgment are annotated.
Resulting annotation: “Child to use father’s surname pursuant to R.A. 9255… Father acknowledged paternity…”
Common pitfall: You cannot unilaterally write the father’s name in the birth certificate of an illegitimate child without the father’s acknowledgment in proper legal form.
5) Legitimation by parents’ subsequent marriage
When applicable: Parents had no legal impediment to marry each other at the child’s birth (impediment may be age only, due to R.A. 9858), then they marry later.
What to file: Affidavit of Legitimation (LCRO form) with the Marriage Certificate, the child’s PSA birth certificate, and valid IDs; LCRO may ask for CENOMARs to check impediments at birth.
Effects:
- Status becomes “legitimated.”
- Child may carry the father’s surname (if not already).
- Annotation appears on the birth record and often on the parents’ marriage record.
Resulting annotation: “Legitimated by subsequent marriage on [date] pursuant to the Family Code (as amended by R.A. 9858)…”.
6) Adoption (NACC / R.A. 11642)
- Process: After the NACC issues the Order of Adoption, the LCRO amends the birth record; PSA issues an Amended Certificate of Live Birth listing the adoptive parents as parents. The original is sealed.
- Result on PSA copy: You receive an amended certificate (not just a margin note). The annotation may reference the adoption order on internal registry metadata; the SECPA you get is the amended record.
7) Court-ordered changes (Rule 103 / Rule 108)
Use the judicial route when the change is substantial and not covered by R.A. 9048/10172/9255—for example:
- Change of surname (not due to marriage/legitimation/adoption),
- Change/addition of middle name (outside legitimation/adoption),
- Change of year of birth,
- Sex change not clerical or for reasons other than intersex clerical error,
- Cancellation of a duplicate/double registration,
- Correction affecting citizenship, filiation, or legitimacy (when disputed).
Steps in broad strokes:
- Consult a lawyer; file a verified petition in the proper RTC (Rule 103 for change of name; Rule 108 for cancellation/correction of entries).
- Publication of the petition (jurisdictional).
- Hearing; present documentary and testimonial evidence.
- After a final and executory decision, the court serves the LCRO and PSA.
- LCRO annotates and endorses to PSA.
- PSA issues SECPA copies bearing the annotation that the entry was corrected/changed per court decision.
Step-by-step: How to get from “wrong entry” to “PSA shows the annotation”
Diagnose the error accurately.
- Is it a minor clerical mistake? → R.A. 9048.
- Is it day/month or sex clerical? → R.A. 10172.
- Is it first name you want to change? → R.A. 9048 with publication.
- Do you want the father’s surname on an illegitimate child’s record? → R.A. 9255/AUSF (ensure acknowledgment).
- Were parents later married and qualified? → Legitimation.
- Anything else substantial? → Court (Rule 103/108).
Prepare the strongest evidence.
- Prior, consistent documents carry more weight (hospital/attendant’s record, baptismal, immunization, early school records).
- For AUSF (R.A. 9255): secure the father’s AAP or PHI.
- For first-name change: gather proof of habitual use or other ground.
File at the right office.
- LCRO of place of registration or your residence (as allowed under R.A. 9048/10172).
- If abroad, the Philippine consulate (for eligible petitions).
- For adoption, the NACC order is the basis; the LCRO amends after receipt.
- For court cases, file in the proper RTC, then carry the final order to LCRO/PSA.
Comply with posting/publication and pay fees.
- Clerical corrections: posting at LCRO.
- First-name change: newspaper publication (two consecutive weeks).
- R.A. 10172: posting; medical proof for sex/day/month.
LCRO evaluation & decision.
- If approved, LCRO annotates its register and endorses to PSA.
- If denied, you may appeal administratively or pursue court action.
Get a new PSA copy after PSA has received/encoded the endorsement.
- Processing times vary. The LCRO is your best status point.
- Until PSA updates, your PSA SECPA may still show the uncorrected entry.
Special notes, edge cases & practical tips
Two birth records (double registration): Usually needs Rule 108 to cancel the wrong entry and retain the correct one, then PSA annotates the cancellation.
Middle name rules:
- Legitimate/legitimated/adopted children typically use the mother’s maiden surname as middle name and the father’s surname as last name.
- Illegitimate children customarily have no middle name unless they use the father’s surname under R.A. 9255 (then middle name becomes the mother’s maiden surname).
- Requests to change a middle name (outside legitimation/adoption) are usually judicial.
Year of birth: Not covered by R.A. 10172 (which is day/month/sex only). Expect court if the year is wrong.
Sex entry:
- Clerical (e.g., obviously mismarked at encoding) → R.A. 10172 with medical basis at birth.
- Intersex conditions may be judicially corrected based on medical evidence.
- Gender transition is not presently allowed via administrative correction.
Who can sign what:
- Petitioner signs R.A. 9048/10172 forms; notarization required.
- AUSF may require the father’s personal execution unless an acceptable acknowledgment already exists enabling the mother to file.
If you only need PSA to reflect an LCRO change:
- Confirm that the LCRO has endorsed the action to PSA (with transmittal/reference). Then request a fresh PSA copy.
Keep originals & certified copies. Administrative and court processes can take time; multiple certified sets help.
Checklists (quick reference)
A) Clerical/Typo Correction (R.A. 9048)
- Accomplished R.A. 9048 petition (sworn)
- PSA SECPA & LCRO-certified copies
- Early supporting documents (baptismal, school, medical, IDs)
- Posting (LCRO) & fees
- Follow up LCRO → PSA → get updated PSA copy
B) First-Name Change (R.A. 9048)
- Petition (sworn) stating legal ground
- Proof of habitual use / confusion / difficulty (as applicable)
- Publication (2 weeks) + Posting (if required locally)
- Fees (statutory + newspaper)
- LCRO approval → PSA endorsement → new PSA copy
C) Day/Month/Sex (Clerical) (R.A. 10172)
- Petition (sworn)
- Medical/attendant record at birth or equivalent proof
- Two disinterested persons’ affidavits (if needed)
- Posting + Fees
- LCRO approval → PSA endorsement → updated PSA copy
D) Use Father’s Surname (R.A. 9255)
- Acknowledgment of paternity (AAP/PHI/public doc)
- AUSF (by father or mother, per rules)
- Child’s consent (age 7–17)
- IDs, PSA/LCRO copies, fees
- LCRO annotation → PSA update
E) Legitimation
- Affidavit of Legitimation + Marriage Certificate
- Proof of no impediment at birth (LCRO may ask CENOMARs)
- Fees → LCRO action → PSA annotation
F) Court-Ordered (Rule 103/108)
- Lawyer + Verified Petition
- Publication (jurisdictional)
- Hearing & Evidence → Final RTC Order
- Serve LCRO/PSA → Annotation → New PSA copy
Frequently asked questions
How long before PSA shows the annotation? It varies—PSA needs the LCRO’s endorsed approval/order and time to encode. Always track with the LCRO and request a fresh PSA copy only after they confirm transmittal.
Can I file where I currently live? For R.A. 9048/10172, yes—you can file at the LCRO of current residence; they will coordinate with the place of registration.
Do I need a lawyer? Not for R.A. 9048/10172/AUSF/legitimation (administrative). You do for court petitions (Rule 103/108).
Will PSA issue a “new” birth certificate? For most corrections, no—you’ll get a PSA copy of the same record but with an annotation. For adoption, PSA issues an amended certificate.
What if my petition is denied? You can pursue administrative appeal (as allowed) or file a court petition under Rule 103/108.
Final practical advice
- Match the remedy to the error. For clerical matters, use R.A. 9048/10172—they’re faster and cheaper than court.
- Front-load evidence. The stronger your earliest, consistent documents, the smoother the evaluation.
- Mind the formalities. Sworn petitions, publication/posting, and proper IDs are non-negotiable.
- Synchronize LCRO ↔ PSA. An LCRO approval isn’t enough; PSA must receive and encode the endorsement before your SECPA shows the change.
- When in doubt, go judicial. If the issue touches filiation, legitimacy, citizenship, middle/last names (outside the special laws), year of birth, sex change beyond clerical error, or duplicate entries, consult counsel for Rule 103/108.
This guide is for general information on Philippine civil registration practice. For unusual or contested situations, get tailored legal advice and confirm current LCRO documentary/fee requirements before filing.