Imagine a person who has used the same date of birth all his life in his school records, identification cards, employment papers, and government records. Then, he gets ready to retire and requests a copy of his birth certificate from the Philippine Statistics Authority (PSA). To his dismay, he discovered that the month, day, or year of his date of birth is erroneous or different from what he has been using in his records.
This mismatch can trigger a cascade of complications from delayed retirement benefits to disputed identity issues. The reason is, legally, the PSA-issued birth certificate is a primary proof of identity and age. Thus, the person has no other choice but to cause the correction of the erroneous date of birth in his birth certificate.
The remedy for the correction of date of birth depends on the erroneous entry concerned.
Administrative Correction before the Local Civil Registrar
Under Republic Act No. 9048, as amended by Republic Act No. 10172, errors in the month or day of the date of birth in a Certificate of Live Birth are considered clerical or typographical errors. These may be corrected by filing an administrative petition with the Office of the Local Civil Registrar where the Certificate of Live Birth is registered.
Judicial Correction before Regional Trial Court
An erroneous or missing year in the date of birth as stated in a Certificate of Live Birth may be corrected by filing the appropriate judicial petition under Rule 108 of the Rules of Court before the proper Regional Trial Court.
Procedure for judicial correction of birth certificate
- Talk to a lawyer for the preparation of the petition. The first step requires consultation with a lawyer, and drafting of the petition to be filed in court. The petition must include the relevant supporting documents as well as the judicial affidavits of all the witnesses.
- File the petition in court, pay court fees, and attend trial. The petition and its attachments should be filed in the court having jurisdiction over the local civil registry office where the birth certificate was registered. After the establishment of jurisdictional requirements, witnesses will be presented to prove the allegations in the petition.
- Wait for a favorable decision, and its finality, then cause its annotation. After trial, and the issuance of a favorable court decision granting the correction of year of birth in the subject birth certificate, said decision must be annotated on the birth certificate itself after it attains finality. For annotation, go to the local civil registry office where the cancelled birth certificate was registered and submit authenticated copies (authenticated by Branch Clerk of Court and proper LCR) of the decision, certificate of finality, and pay the required fees. Then, the annotated birth certificate will be endorsed to the PSA.
Final thoughts
When an unsuspecting person faces a erroneous birthdate in their official record, the stakes are real: delayed benefits, disrupted identity, and bureaucratic hurdles. For harmless clerical errors in the day or month, the administrative route is efficient and cost-effective. But for errors in year of birth, courts will weigh in to protect rights and uphold legal certainty. Always gather strong supporting documents, file promptly, and when in doubt, consult legal counsel for guidance.
If you need assistance in preparing a petition to correct the year of birth in your Certificate of Live Birth in Pampanga, Tarlac, or any nearby provinces, you may contact the lawyers at Cunanan Law Office through inquiries@mpeclaw.com or at (+63) 976 385 6705.