Dear Attorney,
I recently discovered that my middle name on my PSA birth certificate is spelled differently from the name I have been using on all my legal records, such as my IDs, school documents, and other official papers. My PSA record shows "VALDES" while I have been using "VALDEZ" for as long as I can remember. I am now planning to apply for a passport but am concerned this discrepancy might cause an issue. What is the fastest and most effective way to resolve this middle name discrepancy for my passport application?
Sincerely,
Concerned Individual
Insights
In the Philippines, discrepancies in personal information, such as a misspelling or variation in a middle name, can lead to complications, particularly in legal matters or when applying for identification documents, such as passports. This issue is commonly addressed under the legal concept of "clerical error correction" as provided for in Republic Act No. 9048, which governs the correction of clerical or typographical errors in civil registry documents.
What is Republic Act No. 9048?
Republic Act No. 9048 allows for administrative correction of clerical or typographical errors in civil registry documents without the need for a judicial order. This law covers errors that are harmless and visible on the face of the document, such as spelling mistakes or minor name variations, including middle names.
Process of Correction
To correct a middle name discrepancy, the affected party must file a petition for correction with the local civil registry office where the birth record is registered. The petition should include the following:
- Certified true copy of the PSA birth certificate showing the erroneous middle name.
- Affidavit of Discrepancy, explaining the nature of the error and supporting evidence showing consistent use of the correct middle name, such as school records, government-issued IDs, and other relevant documents.
- Supporting documents, such as notarized affidavits or certifications from concerned institutions confirming the consistent use of the corrected middle name.
The Local Civil Registrar (LCR) will review the petition and, once approved, the corrected record will be submitted to the Philippine Statistics Authority (PSA) for annotation. The process generally takes a few months, depending on the complexity of the case and the volume of petitions filed.
Impact on Passport Applications
Once the middle name has been corrected and annotated in the PSA database, the applicant can proceed with their passport application using the corrected birth certificate. In cases where the correction process takes too long and the passport is urgently needed, the individual may present both the PSA document with the erroneous middle name and supporting affidavits or IDs showing the consistently used middle name to the Department of Foreign Affairs (DFA) during the passport application process. However, final discretion lies with the DFA.
Legal Fees and Processing Time
Filing a petition for correction of clerical error typically involves payment of administrative fees, which vary depending on the locality. Additionally, the processing time can range from several weeks to a few months, depending on how promptly the local civil registry and the PSA process the request.