Dear Attorney,

My brother's birth certificate lists “N/A” under the mother’s name. We are planning to fix this as he is preparing to go abroad. Could you advise us on the legal process to correct this information?

Concerned Sibling

Insights

In the Philippines, the process of correcting errors in the birth certificate, such as a missing or incorrect entry in the “mother's name” field, typically falls under the jurisdiction of the Civil Registrar and is governed by Republic Act No. 9048. This law allows for the administrative correction of clerical or typographical errors in civil registry documents, including the omission of names, without the need for a judicial order.

Petition for Correction of Clerical Error

The affected person, or a duly authorized representative, may file a petition for correction with the Local Civil Registrar where the birth certificate was originally registered. The petition must include:

Personal details of the person requesting the correction (i.e., petitioner’s name, relationship to the person whose record is to be corrected).
A certified true copy of the birth certificate.
Documents supporting the correct details of the birth, such as baptismal certificates or medical records.
The affidavit of explanation from the parent (or relevant guardian) regarding the error in the birth record.

Additional Steps for Substantial Errors

If the error is not merely typographical or clerical, a judicial process may be necessary. In cases where a parent’s name is entirely missing, the Local Civil Registrar may require an Order from the Court. The process would involve filing a petition for correction of entry in the Regional Trial Court. Legal counsel is crucial here, as the petitioner would need to establish a valid claim through evidence and sworn statements.

Once the court issues an order, the correction can be registered with the civil authorities, and the birth certificate will reflect the accurate information.

Implications for Passport Applications

If the birth certificate remains unresolved, the Philippine Department of Foreign Affairs (DFA) may reject passport applications due to inconsistencies in civil documents. Therefore, it is crucial to address this matter before your brother proceeds with his plans to go abroad.