Errors ,how To Solve Those Paperwork/ Legal Document

[Call me bubba]

On this forum it seems that many people have experienced ERRORS in their officialdocuments, either be it Clerical or just plain ignorance . 1 members girlfriend was listed as a HE when she was really s TRUE SHE others have wrong dates or misspelling (clerical error). 1 newspaper has a daily column, Called DEAR PAO, which is in the Manila times,both online and Normal print edition. Read It, it has many many answers to some of the issues or questions that us.(forum members and non citizens) may have.my 1st article in about R.A 9048 WHAT IS IT?? AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES .................................................................................WHAT CORRECTIONS CAN BE MADE BY RA 9048?RA 9048 allows these corrections:# correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person.(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 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.)# change of a person's first name in his/her civil registry document under certain grounds specified under the law through administrative process. .................................................................................. http://www.lawphil.net/statutes/repacts/ra2001/ra_9048_2001.htmlhttp://www.census.gov.ph/data/civilreg/primerra9048.htmlthe 2 sites listed are very reputable,i have checked and rechecked that it is the BEST SOURCE OF INFO for this situation,

[Call me bubba]

in a previous topic it had much helpful info, here is the forum linkhttp://philippines-expats.com/index.php?/topic/1163-wrong-birth-certificate/page__p

[Call me bubba]

here is another about "WRONG BIRTHDATE" ERRORThe birth certificate of my husband, which I obtained from the National Statistics Office (NSO), shows wrong information about his date of birth. How can we have this corrected? Where is the proper court to file the petition for such correction? My husband and I are now living in Edmonton Alberta, Canada. Can we file this petition without him leaving Canada?Also, my mother’s maiden name was misspelled in the birth certificate of my sister. I need to present such birth certificate to establish the fact that we are sisters. How do we go about correcting my mother’s maiden name? Can this be done without her leaving the United States? Thank you very much for your attention.ClaritaDear Clarita,In the situation of your husband, a petition for correction of entry in his birth certificate should be filed before the Regional Trial Court of the place where his birth was registered in order for the error in his date of birth be rectified. The civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.It is worth mentioning that the Revised Rules of Court does not mandate for him to appear before the court and file the petition himself. In fact, Section 1 of Rule 108, id, states that the verified petition for correction of entry may be filed by any person interested in any act, event, order or decree concerning the civil status of a person which has been recorded in the civil register. Taking this into consideration, the petition may be filed by another person who has interest to such correction and your husband may not leave Canada. His petition, verification and all other sworn statements must be authenticated before the embassy or consular office of the Philippines near your place of residence in Canada.However, we suggest that it will be for the best interest of your husband to file the petition himself and appear during the hearing thereof. We believe that no one can better explain the circumstances surrounding the error in his birth certificate as well as to his true information, vis-a-vis his date of birth, than himself. Accordingly, it would be advisable for him to come back to the Philippines and file said petition in court.Insofar as the error in the spelling of your mother’s maiden name in your sister’s birth certificate, the same may be rectified by filing a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept if the error is only clerical or typographical in nature (Section 3, Republic Act No. 9048). The petition may be filed without your mother having to leave the United States of America. As provided for under the law, any person having direct and personal interest in the correction of the entry may file said petition. Hence, your sister may file the same since what is involved in the petition is her birth certificate. If the error is not only clerical or typographical but substantial, a verified petition for correction of entry before the Regional Trial Court of the place where his birth was registered must be filed (Section 1 of Rule 108, Revised Rules of Court).We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.I like to thank credit the Manila times and Mrs Acosta for her helpful adavicehttp://www.manilatimes.net/index.php/dear-pao/13430-verified-petition-for-birth-certificate-correction

[Call me bubba]

in a previous topic it had much helpful info,here is the forum linkhttp://www.philippin...ificate/page__p

am trying to get all the links together so that 1 post you can link to the other

[Call me bubba]

Certificate is listed as MALE when your FEMALE The Wrong Gender entryDEAR PAO,I found out that my gender in my birth certificate is erroneously entered as Male. I went to the Office of the Civil Registrar of Manila to have it corrected but they said that they cannot do anything about it because I was registered in Quezon City. But when I went to the Office of the Civil Registrar in Quezon City, the personnel there said that I need to go to court for its correction. Isn’t there a law that allows correction of entries without going to court? I am tired being pointed to different offices. I wish you can help me.MaeDear Mae,We understand the frustration that you are experiencing for not being able to correct the error in your birth certificate. However, you have to understand that we have certain rules and procedures that we need to follow in order to effect changes in our birth certificates. It is true that there is a law which allows the correction of entry in birth certificates without going to court.This is Republic Act No. 9408 otherwise known as the Clerical Error Law. However, not all kinds of errors can be corrected under this law. Section 1 of RA 9408 provides that only clerical or typographical errors in civil register may be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with this law and its Implementing Rules and Regulations.A clerical or typographical error is defined as a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records,provided, however, that no correction must involve the change of nationality, age, status, or sex of the petitioner (Section 2(3), ibid). (emphasis supplied)It can be gleaned from the foregoing that the error in your gender is not among the errors which can be administratively corrected by the Civil Registrar. As correctly pointed out by the personnel of the Office of the Civil Registrar of Quezon City, you need to go to court to correct such error.You may do so by filing a Petition for Correction of Entry under Rule 108 of the Rules of Court in the Regional Trial Court of Quezon City, where your record of birth is registered. Upon filing of the petition, the court shall order the time and place of the hearing and that reasonable notice be given to the persons named in the petition.It shall likewise order its publication once a week for three (3) consecutive weeks, in a newspaper of general circulation in the province where the petition is filed (Section 4, rule 108). The court may either grant or deny the petition. In either case, certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record.Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office.

[Call me bubba]

please read this article as it MAY save you time,travel and money if this situation applies Correcting clerical error in birth certificateDear PAO,My house helper has a problem with her surname in her birth certificate because the name which appears in it is “Deal Rosa”, instead of “Dela Rosa”, which is the correct spelling. She wants to correct the error in her birth certificate and she was advised that she has to file the necessary request with the local civil registry where she was born, which is in Cotabato.Is there any other way to correct the error considering that it seems to be merely an error in typing? Can she just go to the National Statistics Office (NSO), main office for correction? She is living with me in Quezon City.Mrs. RuizDear Mrs. Ruiz,The surname of your house helper in her birth certificate, “Deal Rosa”, is obviously a misspelled name for “Dela Rosa”.Considering that the error is obvious to the understanding,such may be corrected through an administrative proceeding under R.A. 9048 otherwise known as the “Clerical Error Law”.Under Section 2 (3) thereof, a typographical error is definedas a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil registerthat is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records.The correction of an entry in the birth certificate is filed with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept (Section 3, R.A. 9048).Thus, said petition of your house helper should be filed with the local civil registry office of the city or municipality in Cotabato because it is where she was born and, necessarily, where the documents of her birth is being kept.HOWEVER, since she is now residing in Quezon City, she may file her petition in the local civil registry office of Quezon City.It is stated under the R.A. 9048 that in case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled.The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition.The local civil registrar receiving the petition shall endorse the petition to the local civil registrar, who is keeping the record after he has examined the petition as to the completeness of the requirements and supporting documents, after payment of the petitioner of the prescribed fees, and after the posting or publication requirement is complied with (Rule 6, Administrative Order No. 1, Series of 2001, RE: Rules and Regulations Governing the Implementation of R.A. 9048).

[Call me bubba]

in a previous topic it had much helpful info,here is the forum linkhttp://www.philippin...ificate/page__p

thank you to CANDYMAN for the updatebut its not law yet, it would allow "corrections" when enacted, so the current laws are still effectiveBill allows correction of birth details without court ordershttp://www.sunstar.com.ph/manila/local-news/2012/02/03/bill-allows-correction-birth-details-without-court-orders-204120http://www.philippin...t-court-orders/ Edited February 6, 2012 by ed villas

[Call me bubba]

another article on those birth certificate errors that some seem to experience

Dear PAO,

My mother has a problem with her first name in her birth certificate.

She is using Hermie, only to find out that her registered first name is spelled as Hermy.

She was born in Malaybalay, Bukidnon.

How will she correct her first name in her birth certificate?

What are the documents she has to prepare?

Do we have to go to Malaybalay, Bukidnon for the said correction?

We are already residing here in Manila. Thank you.

Irenia

Dear Irenia,

Republic Act No. 9048 (An Act Authorizing The City Or Municipal Civil Registrar Or The Consul General To Correct A Clerical Or Typographical Error In An Entry And/Or Change Of First Name Or Nickname In The Civil Register Without Need Of A Judicial Order, Amending For This Purpose Articles 376 And 412 Of The Civil Code Of The Philippines)

is applicable to solve the problem of your mother. The first name of your mother in her birth certificate may be corrected in accordance with the above-mentioned law.

With the advent of Republic Act 9048,

a correction of a clerical or typographical error in an entry and/or change of first name or nickname is allowed even without a judicial order.

It is worthy to note however that this does not include corrections involving change in sex.age,nationality and status of a person.

Section 2(3) of the said Act provides that “clerical or typographical error” refers

to a mistake committed in the performance of clerical work in writing,

copying, transcribing or typing an entry in the civil register that is harmless and innocuous,

such as misspelled name or misspelled place of birth or the like,

which is visible to the eyes or obvious to the understanding,

and can be corrected or changed only by reference to other existing record or records: provided,

however, that no correction must involve the change of nationality, age, status or sex of the petitioner.

Furthermore, Section 4 of the same Act provides the grounds which may be the basis of changing the first name or nickname of the person, to wit:

“SECTION 4. Grounds for Change of First Name or Nickname.

The petition for change of first name or nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community: or

(3) The change will avoid confusion.”

We understand from your narration that your mother has been using the name “Hermie” throughout her life but in her birth certificate, her name was spelled as “Hermy.”

That being the case, the entry of your mother’s name in your birth certificate may be corrected under paragraph no. (3) of Section 4 of RA 9048.

Your mother may file the petition for correction at the local civil registrar in the place where she is residing now in accordance with Section 3, second paragraph of the RA 9048 which provides, to wit:

“SECTION 3. Who May File the Petition and Where. X x x

In case the petitioner has already migrated to another place in the country and it would not be practical for such party,

in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed,

the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled.

The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition. X x x”

Section 5 of RA 9048 provides for the form and contents of petition as well as the procedure you have to take and documents you have to submit relative to the petition for correction, to wit:

“SECTION 5. Form and Contents of the Petition. The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by the law to administer oaths.

The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated.

The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.

The petition shall 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; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise be supported with the documents mentioned in the immediately preceding paragraph.

In addition, the petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.

Furthermore, the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows:

first copy to the concerned city or municipal civil registrar,

or the consul general;

second copy to the Office of the Civil Registrar General;

and third copy to the petitioner.”

http://www.manilatim...rth-certificate

another topic regarding birth certificate errors :morning1:

http://www.philippin...th-certificate/

Edited June 10, 2012 by Call me Bubba

[Brad616]

Some: thought that was all. Been there done that :unsure: Thanks for posting this