The expensive and lengthy court procedure in correcting the erroneous sex and birthday in the birth certificate is now a thing of the past following the passage of RA 10172 which took effect on October 24, 2012.
The RA 10172 is an act further authorizing the Municipal or City Civil Registrar (LCR) or 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.
According to NSO-Aklan Provincial Statistics Officer Blas M. Solidum, the law amends RA 9048, which means that petition to rectify gender, month, and day in birth certificate can now be filed at the local civil registry office. “However, correction of year of birth in the civil register is not covered by this law; hence, the petition should be filed in the proper court,” Solidum clarified.
Under this law, any person of legal age can file a petition to rectify entry on the day and/ or month in the date of birth. When a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his spouse, or any of his children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.
On the other hand, correction of entry in sex should be filed personally with the LCR/Philippine Consulate where the record sought to be corrected is registered.
The supporting documents to be submitted include, among others, earliest school record/documents, medical records, baptismal certificate and other documents issued by religious authorities, NBI/Police clearance, or clearance from employer (if employed), and affidavit of publication from the publisher of a newspaper including copy of a newspaper clipping.
Likewise, apart from those mentioned above, a medical certificate issued by an accredited government physician is required for correction of sex stating that the petitioner has not undergone sex change or sex transplant.
A filing fee of three thousand pesos (P3,000.00) shall be charged by LCR from the petitioner. However, an indigent petitioner shall be exempted from payment provided that the petition is supported by a certification from the City/Municipal Social Welfare Office. In case of a migrant petition, an additional service fee of one thousand pesos (P1,000.00) shall be charged by the LCR where the petition is filed.
PSO Solidum said that these fees shall accrue to the funds of the LCR concerned for modernization of the office and hiring of new personnel and procurement of supplies. /MP
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