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
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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

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.

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.
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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

C.A. No. 142, AS AMENDED BY R.A. No. 6085

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AN
ACT
AMENDING
COMMONWEALTH
ACT
NUMBERED
ONE
HUNDRED
FORTY-TWO
REGULATING THE USE OF ALIASES.
Section 1. Section one of Commonwealth Act Numbered One
hundred forty-two is hereby amended to read as follows:
"Sec. 1. Except as a pseudonym solely for literary,
cinema, television, radio or other entertainment
purposes and in athletic events where the use of
pseudonym is a normally accepted practice, no person
shall use any name different from the one with which
he was registered at birth in the office of the local civil
registry, or with which he was baptized for the first
time, or, in case of an alien, with which he was
registered in the bureau of immigration upon entry; or
such substitute name as may have been authorized by a
competent court: Provided, That persons, whose births
have not been registered in any local civil registry and
who have not been baptized, have one year from the
approval of this act within which to register their names
in the civil registry of their residence. The name shall
comprise the patronymic name and one or two
surnames."

"Sec. 4. Six months from the approval of this act and

subject to the provisions of section 1 hereof, all persons
who have used any name and/or names and alias or
aliases different from those authorized in section one of
this act and duly recorded in the local civil registry,
shall be prohibited to use such other name or names
and/or alias or aliases."
Section 5. Section four of Commonwealth Act Numbered One
hundred forty-two is hereby amended to read as Section five, as
follows:
"Sec. 5. Any violation of this Act shall be punished
with imprisonment of from one year to five years and a
fine of P5,000 to P10,000."
Section 6. This Act shall take effect upon its approval, and all
Acts, rules or regulations of laws inconsistent herewith are hereby
repealed.
Approved: August 4, 1969.

Section 2. Section Two of Commonwealth Act Numbered One

hundred forty-two is hereby amended to read as follows:
"Sec. 2. Any person desiring to use an alias shall apply
for authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of
name, and no person shall be allowed to secure such
judicial authority for more than one alias. The petition
for an alias shall set forth the person's baptismal and
family name and the name recorded in the civil registry,
if different, his immigrant's name, if an alien, and his
pseudonym, if he has such names other than his original
or real name, specifying the reason or reasons for the
use of the desired alias. The judicial authority for the
use of alias the Christian name and the alien
immigrant's name shall be recorded in the proper local
civil registry, and no person shall use any name or
names other, than his original or real name unless the
same is or are duly recorded in the proper local civil
registry."
Section 3. Section three of Commonwealth Act Numbered One
hundred forty-two, is hereby amended to read as Follows:
"Sec. 3. No person having been baptized with a name
different from that with which he was registered at birth
in the local civil registry, or in case of an alien,
registered in the bureau of immigration upon entry, or
any person who obtained judicial authority to use an
alias, or who uses a pseudonym, shall represent himself
in any public or private transaction or shall sign or
execute any public or private document without stating
or affixing his real or original name and all names or
aliases or pseudonym he is or may have been
authorized to use."
Section 4. Commonwealth Act Numbered One hundred forty-two
is hereby amended by the insertion of the following new section to
be designated Section four to read as follows:

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