Many Filipinos encounter errors in their birth certificates, especially when it comes to the date and place of marriage of their parents. These mistakes may seem minor at first, but they can cause serious problems when applying for passports or visas, enrolling in school, migrating to other countries, applying for foreign citizenship, or processing government documents.
If you discovered that your parents’ marriage details in your birth certificate are incorrect, do not worry as this may be corrected through the proper remedy under the law. In this article, we will discuss legal remedies and proper procedures on how to correct the date and place of marriage of parents in birth certificates in the Philippines, so you can avoid delays and ensure your records are accurate and valid.
Kind of erroneous entries
The first step in ascertaining the proper remedy is to check whether the erroneous entries are typographical or substantial.
‘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 that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, 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, or status of the petitioner.” (Section 2(3), RA 9048 as amended by RA 10172)
For instance, if a child was born on 10 September 1990 and the Certificate of Live Birth reflected the date of marriage of the parents as 05 January 1985, when in truth the actual date of marriage was 05 June 1985, such error is deemed clerical. This is because the correction does not affect the status of the child as a marital one.
On the other hand, if the error pertains to the change of status of the document owner from being a marital child to a non-marital (born out of wedlock) child, such error is deemed substantial.
For instance, where the parents of the child indicated a fictitious date and place of marriage in the latter’s Certificate of Live Birth to make it appear that they were married at the time of the child’s birth, when in truth they were not, such erroneous entry is considered substantial.
Proper remedies
In cases involving clerical or typographical errors in the date or place of marriage of the parents, the proper remedy is to apply for administrative correction with the Local Civil Registry Office where the Certificate of Live Birth was registered.
Conversely, in cases involving substantial errors in the date or place of marriage of the parents, the appropriate remedy is to file a verified petition for correction before the Regional Trial Court having jurisdiction over the Local Civil Registry Office where the Certificate of Live Birth is registered.
If you need professional assistance in filing a petition for correction of entry in Certificate of Live Birth, our experienced lawyers can guide you through the proper judicial process. Whether you are in Pampanga, Tarlac, or nearby provinces, we are ready to help protect your rights and secure accurate civil records. Contact us today at inquiries@mpeclaw.com or (+63) 976 385 6705 to schedule a consultation and start the process of correcting your civil status and marriage certificate.