Correcting an Error in Birth Year on a PSA Certificate
Question:
Is it possible to correct an error in the birth year on a PSA certificate if the municipal registry is correct, but the PSA record is wrong? Moreover, is the midwife who made the mistake liable for the expenses incurred in correcting this error?
Answer:
Governing Laws:
- Republic Act No. 10172: Amending Republic Act No. 9048, this Act allows for the correction of clerical errors in the day and month in the date of birth or sex of a person appearing in the civil register without need for a judicial order.
Steps to Correct the Error:
Filing a Petition: The person concerned should file a petition for correction of clerical error under the provisions of Republic Act No. 10172.
Required Documents: Supporting documents, such as a birth certificate from the local civil registrar, should be attached to the petition.
Fees: There is usually a fee for filing this petition. The amount can vary depending on the local civil registrar.
Posting and Publication: Upon acceptance of the petition, it will be posted for ten (10) consecutive days in a conspicuous place. Thereafter, the civil registrar may correct the entry.
Court Proceedings: If the PSA (formerly NSO) or other concerned parties oppose the correction, you may have to go through judicial proceedings.
Is the Midwife Liable?
Error Admission: If the midwife admits to the mistake, it's possible for her to be held accountable, although this may depend on the specific circumstances and whether there was negligence involved.
Legal Remedies: You can consult with a lawyer to discuss possible legal actions against the midwife for damages or reimbursement of the expenses incurred in correcting the error.
Conclusion:
Correcting an error in a PSA certificate involves a legal process, and fees are usually required. While the midwife might be held liable if negligence is proven, you would generally need to consult a lawyer for specific legal advice.
Disclaimer:
This article is intended for informational purposes only and should not be considered legal advice. Always consult with a qualified attorney for personalized legal guidance.