Republic Act No. 10172 Implementing Rules and Regulations

Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 10172 (An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order, Amending for this Purpose Act Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG) hereby promulgates the following rules and regulations of Republic Act No. 10172 which was approved on August 15, 2012 for the information, guidance and compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the OCRG to carry out and administer the provisions of Act No. 3753 otherwise known as the “Civil Registry Law”.    

This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing Rules and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048.  Section 1 of this Amendatory Law provides, “No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar (C/MCR) or consul general in accordance with the provisions of this Act and its implementing rules and regulations.”

IMPLEMENTING RULES AND REGULATIONS
    
Rule 1.  Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth.    

Rule 2.  Definition of Terms

As used in these rules, the following terms shall mean:

2.1.  Clerical or typographical error - Refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, that no correction must involve the change of nationality, age (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex – Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected. 

2.4. Accredited Government Physician – Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is  employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.
A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered.

Rule 4.  Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered.

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5.  Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed. 

Rule 6.  Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supporting documents to the petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents;
6.2. Medical records;
6.3. Baptismal certificate and other documents issued by religious authorities;
6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:

6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.

6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping; and
6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

Rule 7.  Posting and publication of the petition.

Insofar as applicable, Rule 9 of Administrative Order No. 1, Series of 2001 shall be observed.

Rule 8.  Duties of the C/MCR

Insofar as applicable, Rule 10 of Administrative Order No. 1, Series of 2001 shall be observed.
In addition, the C/MCR shall issue a certification on the authenticity of the certification issued by the accredited government physician certifying that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 9.  Duties and powers of the CRG

Insofar as applicable, Rule 11 of Administrative Order No. 1, Series of 2001 shall be observed.

Rule 10.  Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3,000.00) for petition to correct the day and/or month in the date of birth or sex. An indigent petitioner shall be exempt from paying the required payment, provided that the petition is supported by a certification from the City/Municipal Social Welfare Office that the petitioner/document owner is indigent.

In the case of a petition filed with the CG, a filing fee of one hundred fifty U.S. dollars ($150.00) or its equivalent value in local currency for the correction of clerical or typographical error is required.

In the case of a migrant petition, there shall be a service fee of one thousand pesos (P1,000.00) to be collected by the PRCR.

When a petitioner/document owner files petition for correction of clerical error under R.A. 9048, simultaneously, with a petition for correction of clerical error under R.A. 10172, and the same document is involved, the petitioner/document owner shall pay only the amount of P3,000.00 corresponding to the fee under R.A. 10172.

All fees collected by the C/MCR or the consul general pursuant to this Law shall accrue to the funds of the Local Civil Registry Office concerned or the Office of the Consul General for modernization of the office and hiring of new personnel and procurement of supplies, subject to government accounting and auditing rules.

The local legislative body shall ratify the fees herein prescribed upon effectivity of this Order.  Prior to ratification by the local legislative body, all fees collected in connection with this Order shall go to the LCRO trust fund, provided, however, that the fees prescribed therein shall be uniform in all cities and municipalities in the country, and in all Philippine Consulates.

Rule 11.  Retroactivity clause

This Order shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

Rule 12.  Separability clause

If any portion or provision of this Order is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.

Rule 13.  Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

Rule 14.  Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation.

Approved this 24th day of October 2012.
 

 

CARMELITA N. ERICTA
Civil Registrar General

Rate: 

Average: 3.9 (300 votes)

Comments

Tampered year in the date of birth

Ms Carmelita Ericta:
Please include in RA 10172 to correct clerical and/or typographical error any tampered year in the date of birth. Not just limited to day and month only.
Thank you!

RA 10172

Ms. Carmelita Ericta, Civil Registrar, General:
Please include also correction re: RA 10172 such as "tampered year" in the date of birth. Because I have experienced this in my birth certificate and the civil registrar in my hometown told me it is limited to day and month only. But this is unfair for anyone who has an evidence to disclose that his birth certificate has been tampered. Example of evidence: copy of Baptismal Certificate, etc. Thank you!

save this files

Allow me to save the files

IRR OF RA-10172

FOR REPRODUCTION AND DISTRIBUTION TO MY FELLOW CIVIL REGISTRARS IN TARLAC CITY.

change gender from male to female

can i file here in manila since i was born in davao oriental? too far to travel, please help and advise me what to do. thank you and more power....GOD BLESS!!!!!!!

when it will Implement

When it will Implement? as we tried it last October we applied for vacation just to feel upset, because according to Civil Register it still not Implemented and they are still waiting for the guidelines.

Year in the Birthdate

Why is it that the law have to exempt the year in the birthdate?What if my correct birthday is May 23,1983 and the Birthdate that has appeared in my nso document and in the civil registry is January 12 ,1999.Meaning ,you can fix the day and the month of your docccs and not the year.????Why not the law include the year also .......

change of gender / wrong spelling of M.N. and Birth-date..

kapag government employee po ba, malaki pa din ang gagastusin? eh salary grade 4 lang naman po ang salary nya..paano po ba,..eh sya lang naman ang bread winner sa family..kailangan pa po ba na umuwi sa bicol para maipaayos ang mga maling entry ng clerk sa municipality na kung saan sya register? salamat po..

pede na po ba?

pede na po bang makapag ayos kc po gusto ko po makagraduate ng college pero po mali ung gender ko :(

na implement na ba talaga

na implement na ba talaga yan sa mga local civl registry /?

Correction on names

I am just wondering why only the dates and the gender can be consider as an error and can be easily corrected. How about the spelling of the names or the unnecessary symbols being indicated in names. Such as hyphen and period.

clerical error in surname

Mam.are we going to pay f my husband surname we'll be change from fangon with enye n letter o and change to fangon only

RA 10172 FORMS

we are waiting for the Forms pls make available in this site. thanks...

change gender

just wanna ask maam ,how come it takes almost 6 months for my wife to process her petition..im and my affidavit of support for her expires already because of that is it really takes that long process..beacuase the judge kepp on postponing the hearing and its been her last hearing and the judge keep on postponing..i was so much dis appointed .her birth certificate in the municipal is female the error is in the nso how come the gender is male it made me pay a lot and we waited and waisted so much time and money just for us finished the hearing we filed last year august 2012 now still havent finished .can you clarify to me pls why it take soo long... thank you so much!

regarding RA 10172

hi,

i would like to inquire qbout RA 10172,is this already implemented..,and why cabanatuan local civil registrars office and NSO cabanatuan city,nueva ecija employee is not aware regarding this..My mother inform them about this and they insist that this is not implemented yet..Can you please help Us..

thanks...

implementation of RA 10172

Bakit ang tagal ng implementation nito sa mga LGU,ang sabi kailangan pa daw na iseminar ang mga concerned employee ng LCR para dito,marami na ang gustong maimplement ito..please implement nyo na ito!

implementation of RA 10172

Bakit ang tagal ng implementation nito sa mga LGU,ang sabi kailangan pa daw na iseminar ang mga concerned employee ng LCR para dito,marami na ang gustong maimplement ito..please implement nyo na ito!

implementation of RA 10172

Bakit ang tagal ng implementation nito sa mga LGU,ang sabi kailangan pa daw na iseminar ang mga concerned employee ng LCR para dito,marami na ang gustong maimplement ito..please implement nyo na ito!

Very informative

Very informative

EH CLERICAL ERROR SA MARRIAGE CERTIFICATE KASAMA BA DITO?

TANONG KO LANG PO KUNG PATI PO BA CLERICAL ERROR SA MARRIAGE CERTIFICATE SAKOP PO NG BATAS NA ITO?
KASI PO SA SA MIDDLE NAME KO PO SA MARRIAGE CERTIFICATE KO NAKALAGAY EN ZAIDA IMBES NA ZAIDE MAKIKITA NAMAN SA NAME NG MOTHER KO NA ZAIDE TALAGA.

Sana mayroon simpleng message

Sana mayroon simpleng message tungkol sa pinagkaiba ng proseso noon at ngayon. base sa nabasa at pagkakaintindi ko, halos walang nagbago sa batas. at naka-focus lang sa date of bitrth, samantalang maraming pilipino ang concern din sa maling pangalan. pakisimplehan lang po sana para mas lubos na maintindihan ng mga kapwa ko pilipino na hindi naman nagtapos ng abogasya. ipaliwanag nyo ng simple hindi masyadong teknikal at huwag gumamit ng malalim na salita. para mas lubos namin makita ang pinagkaiba. dahil 2 weeks ago nagpunta kami sa NSO at 3000 libo ang processing fee at plus plus pa daw depende sa local registry and 7 months aabutin. pilipinas nga naman.

Maraming salamat sa gumawa ng

Maraming salamat sa gumawa ng batas na ito. Malaking tulong ito skin dahil sa clerical error sa birth certificate ng gender ko. God bless po! Mabuhay po kyo!

gender error

to whom it may concern,
kelan po buh start implementation of this law....hindi p po kasi tumatanggap ang civil registrar namin dito s iligan about cases concerning this law...i've been waiting for this law for so long for legal purposes....

birth certificate without geograpical locatio and birth of place

gud day po:
may problem po yng nso birth certificate ko wala po syang geograpical location and place of birth ngayn po nag bigay napo ako ng supplemental report sa nso endorsement sa nso calasaio
3-5 month saka ko daw makukuha yng result na may correction na birthcertificate ko. nagpagawa na rin po ako ng affidavit of supplemental report. pero hindi na daw tinatangap sa dfa launion.
ang sabi nang nag interview sa akin wala daw mabilis na paraan kundi maghintay.

ano po kailangan kung gawin para mapabilis yng pagkuha ko ng passport? pls reply as posible

sex

mali poh kxi ung nkalagay sa gender female po nkalagay.

fee collection

ang sabi po sa batas na ito 3000 pesos lang ang maaring kolektahin ng isang official pag ngpaaus nito?tama po ba na singilin pa aq ng 3000 para sa publication at 150 daw po sa resibo at 400 sa lbc..bukod ho yan sa 3000 na fees para sa pgpapaayos..tama ho ba?

fee collection

ang sabi po sa batas na ito 3000 pesos lang ang maaring kolektahin ng isang official pag ngpaaus nito?tama po ba na singilin pa aq ng 3000 para sa publication at 150 daw po sa resibo at 400 sa lbc..bukod ho yan sa 3000 na fees para sa pgpapaayos..tama ho ba?

middle name concern!

Ang spelling po ksi ng middle name ko sa birth certificate ko ay mali.Ang nakalagay po kasi dun ay " LUSONG ",peo ang ginagamit ko po at talagang tama ay " LUZONG ".,,paano ko po ba aayusin yun?.. at magkano po kaya ang aabutin?..importante pa po bang ayusin ko yon khit kinasal na po aq dis year february 5,gusto ko po kz kumuha ng passport na e..?tatanggapin po kaya nila ung marriage certificate ko pero di pa authenticated from Nso kz sabi it takes 2 mos. bago pa makakuha nun?..

change of live birth entry

Why is it that until now this law is not yet implemented.... It is almost a year after Pnoy signed this law... Madam Ericta gumawa k naman ng paraan sa isyung ito... trabaho ninyo kaya galingan ninyo kasi marami ang nagbabayad sa inyo...

NSO

Hello po may gusto lng po kc aqng mlman about s name q,kc cmula nung nag aral aq amelyn ung ginagamit q tlga tpoz nitong 2005 kmuha kmi ng kopya s nso pero ang nklgay dun amylyn n tpoz mlbo p, panu q po malaman ung totoo,? Tnx po

Correction of gender in my birth certificate

Hi good day s inyo,magkano p b ang babayarn n fees regarding s pagkokorek ng gender,at s municipal ng province p po ikokorek un doc,dahil dun po ako pinanganak? At ska po nagwork ako as in ofw,ang kapatid k lng ko pede ko mautusan mag ayos nito,

inquire about the publication

April 12, 2013

To Whom It My Concern:

Greetings!

I am Flordeliza S. Deguinion, one of the petitioners of correction of entry in the birth certificate. I just want to ask if is it true that the publication from LCR be published in national newspaper? how about if they published it in a local newspaper? is it invalid? please i cant afford to pay in national publication ...................... tnx! please I need clarification of this matter. God Bless!

change on the date from day, month and year

how about the change in year on the date of birth? could it be possible that this will be change also?

corrention of entry(gender)

Thank you for this info. Now i can process my birth certificate without a lawyer.

Birth Certificate

Gud Day, isa po ako petiti0ner bakit po dito sa Ramon Isabela 6k hinihingi for the Gender c0rrecti0n para BCERT ko?

kawawang mahirap

Meron akong friend na mahirap at magsasaka lang ang tatay, tapos mali ang pagkalagay ng gender, ngayon problema nya pa..ayaw ibigay ng university ang kanyang diploma at tor dahil kelangan icorrect muna ang birth certificate...kawawang bata sa kasalanan di nya ginawwa sya nagdudusa.

correction of entry(gender) in birth cert.

my husband filed for correction of entry in his birth certificate, everything that was mentioned in the IRR of RA 10172 was i guess followed by the local civil registrar, now the the local civil registrar forwarded the papers to the NSO, how long do we have to wait until we can apply or file for his corrected birth certificate, it was forwarded to NSO by the local civil registrar end of March or early April,they say per my husband that it is already in the system, does it take that long for them to process the papers?

IRR for RA10172

Happy to know that the IRR for RA10172 has already been released, but the Embassy in Madrid, Spain claims the has not received it yet. What Gov't. agency is responsible in forwarding/supplying the IRR to Philippine consulates/embassies abroad, is it NSO or DFA? The Embassy in Madrid claims that they have not received it yet. Normally, how long does it take for IRR to be disseminated to local civil registrars and foreign embassies? Thank you.

Corrected birth certificate

Sana po ma implement npo eto sa Local Civil Registry ng DAVAO CITY. 6years napo nka HOLD ang TRANSCRIPT & DIPLOMA ko po sa school kung saan po ako nkatapos ng COLLEGE.Until now wla p akong stable JOB gwa ng wlang kumpletong papers na ma recognized nman po ako as college graduate. May pamilya npo ako hindi ko man lng mbigyan ng magandang kinabukasan ang anak ko. Sana Mahal ng Pangulong NOynoy sundin na ng LCR & NSO ang batas na ito.

Correction of name in Birth Certificate. New law approved by Pre

Correction of spelling in Birth Certificate. New law approved by Pres. Aquino, in 2013....I am living 25 years in The Netherlands,my dual passport which is Phil. passport is already expired. I need to renieuw but I need to have an authenticated Birth certificate.but my name was one letter wrong spelling....can I arrange it in Holland ?Because LCR said I have to go the philippines personal...

Correction of Birth Certificate Gender (from Male to Female)

My concern is my gender in my birth certificate was erroneously male. May I know if I can file a petition here in Pasay City? I was born in Bayugan City Agusan del Sur, however due to financial problems I cannot go back or come to Bayugan City to a file a petition personally. Is it allowed if I will file petition here in Pasay City not in Bayugan city? I need your advice for this matter. Thank you.

Correction of my gender in my Birth Certificate (Male to Female)

My concern is my gender in my birth certificate was erroneously male. May I know if I can file a petition here in Pasay City? I was born in Bayugan City Agusan del Sur, however due to financial problems I cannot go back or come to Bayugan City to a file a petition personally. Is it allowed if I will file petition here in Pasay City not in Bayugan city? I need your advice for this matter. I would appreciate more if you care to response about my concern, please send me your reponse on my email address (renel_gulane@yahoo.com).

verification/inquiry

Nag effect na po ba etong RA10172?kung nag effect na at ganap ng batas dapat ba magseminar ang nsa level na MCR?bago daw nila magawa yung correction sa certain BC. Please need ko po ng advice for wat to do.taga Datu odin sinsuat po ako

correction of sex

maam, so it means that i am authorized to correct my Sex in my Live birth and pay 3000 for the correction...I am right maam?

correction in spelling of my surname

since i started studying , i used my surname as ECHIPARE and when i get an NSO birth cert, my surname spells ECHEPARE.what should i gonna do to correct my documents ,where most of my documents ,i ve been using ECHIPARE.pls ,inform me on what to do thank you

RA 10172

why here in our town Antique the said RA 10172 is not yet implemented

Surname typo

Good day ! Sir/Madam, I have problem typo error in Surname on my birth cert. How can it be corrected? Thanks!

Change of middle initial

change of middle name from padillo to armesis, is this applicable to the R.A. 10172

thanks

Rommel A. argones
UPM-PGH
Taft Ave., Manila

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