Correcting a Wrong Birth Date in a Philippine Passport

A comprehensive legal guide

Scope. This article explains every step, legal basis, document, fee, and timeline for fixing an incorrect date of birth (DOB) on a Philippine passport. It distinguishes between (a) a simple passport‑printing mistake and (b) a deeper error in your civil‑registry records. Procedures current as of 21 April 2025.

1. Why DOB errors happen

Scenario	Common cause	Governing cure
(A) Passport misprint only	DFA data‑capture or printing slip	“Data Correction”/“Passport Printing Error” route at DFA
(B) Applicant gave wrong DOB	Mistyped on application	Apply for a new passport with correct details (+ affidavit)
(C) Birth certificate itself is wrong	Clerical error at Local Civil Registry (LCR)	‑ Day/month error → RA 9048 (as amended) ‑ Year error or other substantial defect → Judicial petition (Rule 108 RTC)

2. Legal framework

Philippine Passport Act of 1996 (RA 8239) & RA 10928 (2017 amendment)
Authorizes the DFA to issue, cancel, or amend passports; gives it rule‑making power.
RA 9048 (Clerical Error Law, 2001) as amended by RA 10172 (2012)
Lets the Local Civil Registrar administratively correct “clerical or typographical errors,” including the day and/or month of birth. Year changes are not allowed here.
Rule 108, Rules of Court (supported by Art. 412 Civil Code)
Judicial proceeding for “substantial corrections” to civil‑registry entries—e.g., changing the year of birth, legitimation issues, nationality, or parentage.
DFA Passport Manual 2020 (latest consolidated regulations)
Sets documentary requirements, fees, and special rules for “Data Correction,” “Applicant’s Error,” and “Lost/Cancelled” passports.
Criminal and administrative penalties
Falsification: Art. 172 Revised Penal Code; perpetual disqualification from holding a passport under §14 RA 8239.

3. First question: Where is the error really located?

Compare your physical passport with the latest *PSA‑issued birth certificate.
Use the decision tree below:

Passport wrong      Birth cert correct? → YES → Scenario A
                    ↳ NO
Birth cert wrong    Is it day/month only? → YES → Scenario C (RA 9048/10172)
                    ↳ NO (year or other) → Scenario C (Rule 108)

4. Scenario A – Passport printing/data‑capture error

Step	What to do	Key points
1	Book “Passport Data Correction” appointment (within 1 yr of issuance = no fee; after 1 yr, treated as regular replacement).
2	Bring: ① Original passport + photocopy; ② PSA birth certificate; ③ DFA‑issued “Affidavit of Discrepancy” (form at DFA); ④ 1 valid government ID showing correct DOB.
3	Pay fee (if beyond one‑year window or if applicant’s fault): ₱950 (regular, 15 working days) or ₱1 200 (expedited, 7 working days).
4	Pick‑up or courier delivery. Passport number usually changes.

5. Scenario B – Applicant supplied the wrong DOB

Although the birth certificate is correct, the applicant admitted the wrong DOB in the prior application. The DFA treats this as a new passport application plus:

Affidavit of Applicant’s Error (notarized).
Old passport to be cancelled.
Standard fees (₱950 / ₱1 200).

Intentional misrepresentation may lead to passport blacklisting and criminal charges.

6. Scenario C‑1 – Birth certificate day/month error (RA 9048 / 10172)**

Stage	Details
1. Petition	File Verified Petition for Correction of Clerical or Typographical Error (Form No. 1) with the LCR where the birth was registered or with any Philippine Consulate if abroad.
2. Supporting docs	PSA birth cert (wrong), Baptismal/School/Medical records, IDs, voter’s cert, etc. At least two public/private docs showing correct DOB.
3. Publication	10‑day notice posted at LCR bulletin board.
4. Approval	Civil Registrar issues Decision; forwards to PSA for annotation.
5. New PSA copy	After PSA database update (~2–4 months), request a “Birth Certificate – SECPA” showing the annotation.
6. Passport	Book NEW passport appointment; present annotated PSA copy + old passport.

Fees. Petition filing fee ₱3 000 (average; varies by LGU) plus ₱1 000 AFP newspaper publication if filed with a Consulate.

7. Scenario C‑2 – Birth certificate year error or substantial change (Rule 108, RTC)

Venue. Regional Trial Court of the province/city where the LCR is located.
Parties. Civil Registrar and PSA are mandatory respondents; affected relatives as possible oppositors.
Petition contents. Jurisdictional facts, exact entry to be corrected, evidence.
Notice & publication. Order for hearing published once a week for 3 consecutive weeks in a newspaper of general circulation.
Hearing & decision. After proof of publication and any opposition, the court issues a decree.
Annotation. Final decision registered with LCR and transmitted to PSA.
Timeline & cost. 6–18 months; ₱15 000–₱40 000 (docket, lawyer, publication).

Only after PSA issues the annotated certificate can you apply for a corrected passport.

8. Passport application after the civil‑registry fix

Applicant	Core documents
Adults (18 +)	① PSA birth cert (annotated) ② Any valid ID showing correct DOB ③ Old passport (for cancellation) ④ Marriage certificate (if married woman choosing married surname)
Minors (below 18)	Above + passport/valid ID of parent; notarized DSWD Travel Clearance if traveling unaccompanied; consent form.
Dual citizens	PSA birth cert + DFA‑issued ID Certificate/R.A. 9225 Identification Certificate.

Biometrics capture is required even for “data‑correction” cases; you may reuse the latest photo if passport was issued ≤12 months earlier.

9. Fees & processing times (DFA Consular Offices, 2025)

Service	Fee	Processing
Correction within 1 year caused by DFA error	Free	~7 working days
New passport / correction beyond 1 year	₱950 regular / ₱1 200 expedited	15 / 7 working days
Off‑site / Co‑location Center add‑on	+₱350 convenience fee	Same as above
Courier delivery	₱180–₱220 (Metro Manila / provincial)	2–3 days after release

10. Penalties & pitfalls

Misstep	Consequence
Using a passport with knowingly wrong DOB	Art. 172 RPC falsification; cancellation and blacklisting under §14 RA 8239
Submitting fake civil‑registry documents	Same as above; liable under RA 8239 §19 (administrative fines up to ₱250 000)
Year change via RA 9048 petition	Automatically dismissed; must be judicial.
Passport data‑correction request without proof	DFA will refuse and direct you to civil‑registry correction first.

11. Practical timeline example (day/month error)

Petition under RA 9048 → 3 months
Secure annotated PSA copy → +4 weeks
DFA passport appointment (expedited) → 1 week wait, then 7 working‑day release
Total → ±5 months from filing to new passport in hand.

12. Frequently asked questions

Q	A
Can I travel while the correction is pending?	Yes, if your current passport is otherwise valid, but the destination state may question the mismatch between passport DOB and visas/IDs. Risk is yours.
I’m already abroad. Can I file RA 9048 at the embassy?	Yes. Philippine embassies/consulates act as LCRs under Art. 7 PD 651; fees higher and processing slightly longer.
What if my passport expires during a pending Rule 108 case?	The DFA may issue a one‑year limited‑validity passport upon proof of the ongoing petition.
Will the passport number stay the same?	No. Any re‑issuance that changes biodata generates a new passport number.
Is a PhilSys ID enough proof?	Only if the PhilSys record itself drew from the correct PSA data. DFA will still ask for the annotated PSA birth certificate.

13. Key take‑aways

Identify the source of the error first.
Fix the civil‑registry record before going to the DFA when necessary.
Administrative route (RA 9048/10172) is fast but limited to day/month tweaks.
Judicial route (Rule 108) is mandatory for year changes or substantial amendments.
DFA “Data Correction” is only for genuine passport misprints or applicant typos—not for defective birth certificates.

Disclaimer. This article is for general information and is not legal advice. Complex cases (e.g., foundlings, adoption, legitimation) should be reviewed by a Philippine lawyer specializing in civil registry and immigration law.