Petition for Correction of Clerical Error in a Report of Birth, Marriage and Death

If you are from New South Wales, please click here https://www.sydneypcg.org/reports-of-birth-and-marriage or contact the following:

• Email: sydney.pcg@dfa.gov.ph
• SMS mobile number 0415 426 400 for consular concerns
• Telephone number (61 2) 9262- 7377

If you are from Victoria, please contact the following:

• Email: melbourne.pcg@dfa.gov.ph
• Telephone number (03) 8375 9646

If you are from other states in Australia, or from Nauru, Tuvalu or Vanuatu, please see below information:

Under Republic 9048, as amended by Republic Act 10172, Filipinos abroad may file a petition before the Philippine Embassy in Canberra and Consulate General to correct a clerical or typographical error in an entry in the Civil Register without need of a judicial order.

RA 9048, as amended by R.A. 10172, allows the correction of clerical or typographical errors in any entry in civil registry documents.

A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as the following:

1. A misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records
2. Day and/or month of birth
3. Gender/sex (provided that this correction is not a result of a sex-reassignment)

Who may file the petition?

The petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error in the civil register, such as the:

• Owner of the record that contains the error to be corrected or first name to be changed
• Owner’s spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected.

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition.

Where should the petition be filed?

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected is kept. Included in this general rule is the case of the Office of the Clerk of Shari’a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area or Philippine Embassy/Consulate General if abroad. His petition will be treated as a migrant petition.

How much is the fee in filing a petition?

If the petitioner will file in the Philippines, the C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner Three Thousand Pesos (P3,000.00) for the correction of clerical error.

If the petitioner is living abroad and will file a petition at the Philippine Embassy/Consulate General, the fee is One Hundred Fifty U.S. dollars ($150.00) or equivalent to AUD270.00 for the correction of clerical or typographical error.

A migrant petitioner shall pay an additional service fee of Five Hundred Pesos (P500.00) for the correction of clerical or typographical error to the Petition Receiving Civil Registrar (PRCR). This service fee shall accrue to the local treasury of the PRCR. The petitioner will be contacted by the LCRO for details of the payment.

REQUIREMENTS TO FILE A PETITION FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR

Petition is in the prescribed form of an AFFIDAVIT that:

1. Must be subscribed and sworn to before any person authorized by law to administer oath.
2. Set forth facts necessary to establish the merits of the petition.
3. Show affirmatively that the petitioner is competent to testify to the matters stated.
4. State the particular erroneous entry or entries sought to be corrected and the correction to be made.

Petition must be supported with the following documents:

1. A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;
2. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
3. Notice or certification of posting;
4. Other documents which the petitioner or the Consul General may consider relevant and necessary for the approval of the petition.

In case of correction of DAY AND/OR MONTH in the date of birth or SEX of a person, the petition shall be supported with the following documents:

1. Earliest school record or earliest school documents;
2. Medical records;
3. Baptismal certificate and other documents issued by religious authorities;
4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:
• Employer, if employed;
• National Bureau of Investigation; and
• Philippine National Police.

In case of correction of sex, the petition shall be further supported with:

1. A medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

FOR CIVIL REGISTY REPORTED AT THE PHILIPPINE EMBASSY IN CANBERRA

STEP 1
Book an appointment by emailing the Registry Section (RS) at notarialsandregistry@philembassy.org.au or call at (02) 6273 2535 extension 223

STEP 2
On day of the appointment, submit Petition & all the required documents stated above and provide necessary information during interview at the Registry Section (RS)

STEP 3
Pay the corresponding fees at the Embassy’s Cashier.

STEP 4
Return to RS and submit the Official Receipt. RS staff to inform petitioner on the date of release in conformity with the required 10-day posting and 5-day decision of the Consul General.

STEP 5
Posting of Petition at the Philippine Embassy’s bulletin board for 10 consecutive days.

STEP 6
Embassy issues the Certificate of Posting.

STEP 7
After 5 days, the Consul General acts on the Petition.

STEP 8
Embassy sends the approved petition to the DFA Manila via diplomatic pouch scheduled the following month.

STEP 9
DFA Manila sends the approved petition to the Office of the Civil Registrar General (OCRG) in Manila.

STEP 10
OCRG acts on the approved petition.

STEP 11
OCRG Manila forwards decision to DFA Manila.

STEP 12
DFA Manila forwards OCRG’s decision to the Philippine Embassy.

STEP 13
The Embassy issues the Certificate of Finality. RS Staff informs the client of the decision of the OCRG.

STEP 14.a
(If petition is affirmed by OCRG) Embassy sends to DFA Manila the Certificate of Finality, and certified true copies (CTC) of the un-annotated civil registry document, CTC of the annotated civil registry document, CTC of the Petition, together with the covering despatch.

STEP 14.b
(If petition is impugned by OCRG) Embassy, within 15 days upon receipt of the impugned petition, files a motion for reconsideration to OCRG and sends said motion to the OCRG through DFA Manila.

STEP 15
DFA Manila transmits to OCRG the Certificate of Finality, and CTC of the un-annotated civil registry document, annotated civil registry document, the Petition together with the endorsement letter (if petition has been affirmed) OR the Motion for Reconsideration (if the petition has been impugned).

STEP 16
Petitioner may request at PSA/NSO Manila an authenticated copy of the corrected or annotated Civil Registry document paper three days after DFA Manila has forwarded to OCRG the Certificate of Finality, other CTC of petition and supporting documents, including the endorsement letter.

FOR MIGRANT PETITION FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR

STEP 1 - 6
Follow Step 1 – 6 procedure for filing of petition for correction of civil registry documents registered at the Philippine Embassy

STEP 7
After 5 days, the Consul General acts on the Petition by forwarding said petition to the Local Civil Registrar (LCR) where the record of civil registry document was registered.

STEP 8
Embassy sends the petition to DFA Manila via diplomatic pouch scheduled the following month.

STEP 9
DFA Manila forwards the petition to the Local Civil Registrar (LCR) where the record of civil registry document was registered.

STEP 10
The LCR will contact and ask the Petitioner to pay for the additional service fee.

STEP 11
Petitioner or his representative proceeds to LCR, pay the appropriate fee and submit the Official Receipt. LCR to inform petitioner or his representative on the date of release in conformity with the required 10-day posting and 5-day decision of the LCR.

STEP 12
Upon receipt of payment, LCR prepares Notice of Posting.

STEP 13
LCR posts the Petition at a conspicuous place for 10 consecutive days.

STEP 14
DFA Manila sends the approved petition to the Office of the Civil Registrar General (OCRG) in Manila.

STEP 15
OCRG acts on the approved petition.

STEP 16
OCRG Manila forwards decision to DFA Manila.

STEP 17
LCR posts the Petition at a conspicuous place for 10 consecutive days.

STEP 18
LCR issues Certificate of Posting

STEP 19
LCR acts on the petition after 5 days. LCR informs petitioner or his representative that the petition has been approved.

STEP 20
Petitioner or his representative proceed to LCR and get copy of the approved petition at LCR level on the appointed date.

STEP 21
LCR mails the approved petition to OCRG Manila.

STEP 22
OCRG acts on the approved petition.

STEP 23
OCRG Manila forwards decision to LCR.

STEP 24
LCR issues the Certificate of Finality.

STEP 25.a
(If petition is affirmed by OCRG) LCR mails to OCRG Manila the Certificate of Finality, record sheet, annotated Civil Registry Document, and endorsement letter.

STEP 25.b
(If petition is impugned by OCRG) The LCR, within 15 days upon receipt of the impugned petition, files a motion for reconsideration to OCRG and sends said motion to the OCRG.

STEP 26
Petitioner may request at PSA/NSO Manila an authenticated copy of the corrected or annotated Civil Registry document paper three days after the LCR has forwarded Certificate of Finality, record sheet, annotated Civil Registry Document, and endorsement letter to OCRG Manila.

FORMS

• Petition for Correction of Birth Certificate (RA9048 Form No 1.2)
• Petition for Correction of Marriage Certificate (RA9048 Form No 2.2)
• Petition for Correction of Death Certificate (RA 9048 Form No 3.2)
• Petition for Change of First name (RA 9048 Form 4.2)
• Notice of Appeal (RA 9048 Form No 5.2)
• Appeal (RA 9048 Form No 6.2)

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Frequently Asked Questions (FAQs)