Dear Attorney,

Good day! I would like to seek your guidance regarding an issue with my PSA birth certificate. My concern revolves around the following:

The father’s name is not reflected on my PSA birth certificate, only my mother’s name is present.
My full name includes the middle name of my mother, making it appear as though we are siblings instead of parent and child.

I am planning to work abroad, and I am concerned about how this issue might impact the processing of my documents. Could you kindly advise on the steps to correct these errors? Is it possible to remove the middle name and correct the record? Additionally, will there be associated costs, and what documents or requirements will I need to prepare?

Thank you for your assistance.

Sincerely,
Concerned Citizen

Comprehensive Guide: Correcting Birth Certificate Errors in the Philippines

The situation described is not uncommon and can be remedied by following the procedures outlined under Philippine laws and regulations governing civil registration. This guide addresses the specific concerns raised and explores the legal framework, procedures, and implications of correcting birth certificate errors or omissions.

Legal Framework Governing Civil Registration in the Philippines

Civil Registration Laws
- Presidential Decree No. 603 (Child and Youth Welfare Code) and Presidential Decree No. 1083 (Code of Muslim Personal Laws of the Philippines) provide the framework for registering births in the Philippines.
- Republic Act No. 9048, as amended by Republic Act No. 10172, allows administrative corrections of clerical or typographical errors in the civil registry without the need for judicial intervention. However, substantive changes, such as adding or correcting the father’s name or removing a middle name, require specific processes.
Middle Names and Legitimation
- Under Philippine law, the use of a middle name generally denotes filiation. If a child is illegitimate and the father’s name is not indicated on the birth certificate, the child will not carry a middle name.

Addressing the Concerns

Omission of Father’s Name
- If the father’s name is not reflected on the birth certificate, it may indicate that the child was born out of wedlock, and the father did not acknowledge the child at the time of registration.
- To include the father’s name, Republic Act No. 9255 allows illegitimate children to use their father’s surname provided there is a notarized Affidavit of Acknowledgment or an Affidavit to Use the Surname of the Father (AUSF) executed by the father.
Removal of the Middle Name
- In cases where the middle name reflects the mother’s middle name, it suggests that the child was registered as illegitimate.
- Philippine law does not allow illegitimate children to bear a middle name. If the middle name was erroneously included, the correction can be made by filing a petition with the Local Civil Registry Office (LCRO).

Procedure for Correcting Birth Certificate Details

Step 1: Verification
- Obtain an official copy of your birth certificate from the Philippine Statistics Authority (PSA).
- Review the document to confirm the errors and omissions.
Step 2: Filing the Petition
- For Adding the Father’s Name:
  - Submit an Affidavit of Acknowledgment or an AUSF executed by the father.
  - Include supporting documents such as a valid ID of the father, proof of parentage (e.g., photographs, communication, or other evidence showing the relationship), and the child’s birth certificate.
  - File the petition with the LCRO where the birth was registered.
- For Removing the Middle Name:
  - File a petition for correction of entry under Republic Act No. 9048 with the LCRO.
  - Provide supporting documents, including your PSA birth certificate, your mother’s valid ID, and any other relevant proof that the middle name was erroneously included.
Step 3: Review by the LCRO
- The LCRO will evaluate the petition. If it involves substantive changes, it may require judicial approval.
Step 4: Endorsement to the PSA
- Once approved, the LCRO will endorse the corrected record to the PSA for annotation.

Costs and Timeline

Costs
- Fees vary depending on the LCRO and the complexity of the correction.
- Notarization of affidavits, legal representation (if required), and document procurement may incur additional costs.
Timeline
- Administrative corrections typically take several weeks to a few months.
- Judicial proceedings, if required, may extend the timeline to a year or more.

Implications for Travel and Employment Abroad

Passport Application
- A birth certificate with unresolved issues may delay passport issuance. Correcting the record ensures compliance with DFA requirements.
Visa and Employment Processing
- Discrepancies in civil documents may raise red flags during background checks. A corrected birth certificate demonstrates integrity and alignment with international document standards.

Examples and Case Studies

Case 1: Inclusion of Father’s Name
- A child born out of wedlock successfully added the father’s name to the birth certificate by submitting an AUSF and proof of acknowledgment. The process was completed administratively within two months.
Case 2: Removal of Erroneous Middle Name
- An illegitimate child erroneously registered with a middle name filed a correction under RA 9048. The LCRO approved the petition, and the PSA annotated the record within six weeks.

Challenges and Practical Tips

Challenges
- Non-cooperation of the father can hinder the acknowledgment process.
- Lack of documentary evidence may complicate the petition.
Practical Tips
- Seek professional legal assistance for complex cases.
- Ensure all affidavits and supporting documents are complete and properly notarized.
- Follow up regularly with the LCRO and PSA to monitor progress.

Conclusion

Correcting errors or omissions in a birth certificate is a critical step for individuals seeking to address legal inconsistencies that may affect their personal and professional lives. By following the prescribed procedures under Philippine law, individuals can ensure their records accurately reflect their identity and parentage. It is advisable to seek guidance from legal experts or the LCRO to navigate this process efficiently.