Philippine Birth Certificate Error

[VirtualLee 12]

MANILA, Philippines - President Aquino signed the new law extending the power of local civil registrars to correct errors in birth certificates without any court order.

Correcting errors in date of birth and gender in birth certificates no longer needs court approval.

Republic Act 10172, which was signed by the President last Aug. 19, amended several provisions of Republic Act 9048.

It extended the coverage of exemptions to requirement of judicial approval for correction on entries in the birth certificate.

Under the new law, the city or municipal registrar may correct clerical or typographical errors in the day and month of date of birth or gender without a court order.

The previous law did not include the entries on date of birth and gender among the exemptions on court approval requirement and only specified entries on first name and nickname in the civil register.

Apart from this, the new law also specified where the fees for corrections in the birth certificate should go.

“The fees collected by the city or municipal civil registrar or consul general pursuant to this Act 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,” read Section 8 of RA 10172.

The new law is a consolidation of Senate Bill 3113 and House Bill 4530 that Congress passed last May 30 and June 5, respectively.

source: Philippine Star Newspaper

Edited August 25, 2012 by VirtualLee

[brett and alma 12]

Thank you very much for the info.,i will tell all my friends,people that i know about this.im so happy that you posted this,cos many of my friends have a problem with their birth certificate.

[lkjj30 1]

Good job in posting this info...It can help many!!!

Edited August 25, 2012 by lkjj30

[jimmynug 13]

Just a little add on, the civil registrar has to file the amendment with the NSO, which can then issue a corrected copy. Plan on doing this way in advance if you need a corrected copy. Of course the more money you are willing to pay, the quicker you can get it. For my wife's brother, it took about 10 months, however, we took the economy route and only paid about 1500 pesos.

[VirtualLee 12]

Just a little add on, the civil registrar has to file the amendment with the NSO, which can then issue a corrected copy. Plan on doing this way in advance if you need a corrected copy. Of course the more money you are willing to pay, the quicker you can get it. For my wife's brother, it took about 10 months, however, we took the economy route and only paid about 1500 pesos.

I don't think it will reach 10 months to do this, In my experience I have corrected my BC just this mid July 2012

and was asked to return by mid September and only paid Php1,000. and after you got the correct copy of Civil Registrar

BC they will give you an endorsement letter to NSO. after that you bring the docs to NSO to update your BC.

[cybernco 1]

My wife's gender was wrong on her birth certificate. We hired a lawyer and filed a court motion. Three months later our motion was rejected because this new law took the authority away from the court system. We paid the local registrar a 3,500 fee and submitted the following documents, NBI security clearance, Local Court clearance, Local police clearance, Barangay clearance, Primary School records (Form 137), Doctors exam, personal sworn statement and childhood baptismal certificate. The Civil Registrar rejected the OBGYN and local hospital exam. We had to publish the gender correction in the local newspaper for two weeks at our own expense. After two months of going round & round with the local civil registrar, our application was finally submitted to the NSO legal department. Three months later our motion was rejected because they wanted more medical evidence. We have resubmitted with the addition of her childhood vaccine records. We've been told it will be a couple of months before we hear anything back. The new system is not quick or easy.

Edited April 24, 2013 by cybernco

[lady_troll 1]

Hello peeps,

Needed some input here, i wanted to petition my parents and as i went through some documents needed, I noticed that on my birth certificate, my mom's name is her nickname and not her legal name.

Does she need to go to local registrar to have it corrected and i'll go ahead and file my petition then or I'll just put that nickname on USCIS form as her other name used and send the petition now?

Thanks!

Charlyn

[VirtualLee 12]

Hello peeps,

Needed some input here, i wanted to petition my parents and as i went through some documents needed, I noticed that on my birth certificate, my mom's name is her nickname and not her legal name.

Does she need to go to local registrar to have it corrected and i'll go ahead and file my petition then or I'll just put that nickname on USCIS form as her other name used and send the petition now?

Thanks!

Charlyn

Hi Charlyn,

We got same issue with my mom, on my BC her name is Lucy but on her MC and BC her name is Lucia, so what I did I i went to local registrar office to correct her name on my BC they will give you list of documents to submit (orig. NSO BC, moms BC and MC, your sibling's BC, baptismal cert. of your siblings as well as yours, moms ID's like passport, Philhealth,TIN, SSS, senior citizen... And other supporting docs.) then you will pay 1000 pesos for the processing fee...then they will inform the date of release, usually it takes 2-3mo.

Another Option go to a lawyer and request for an Affidavit for mispelled name (forgot the exact term) Or maybe Affidavit of Identity... bring the same doc. That you will submit to the Local Registrar Office. Better to have something on-hand while processing the correction of error on your BC. So you can proceed to your Petition. Good Luck!

[EddieandLia 0]

MANILA, Philippines - President Aquino signed the new law extending the power of local civil registrars to correct errors in birth certificates without any court order.

Correcting errors in date of birth and gender in birth certificates no longer needs court approval.

Republic Act 10172, which was signed by the President last Aug. 19, amended several provisions of Republic Act 9048.

It extended the coverage of exemptions to requirement of judicial approval for correction on entries in the birth certificate.

Under the new law, the city or municipal registrar may correct clerical or typographical errors in the day and month of date of birth or gender without a court order.

The previous law did not include the entries on date of birth and gender among the exemptions on court approval requirement and only specified entries on first name and nickname in the civil register.

Apart from this, the new law also specified where the fees for corrections in the birth certificate should go.

“The fees collected by the city or municipal civil registrar or consul general pursuant to this Act 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,” read Section 8 of RA 10172.

The new law is a consolidation of Senate Bill 3113 and House Bill 4530 that Congress passed last May 30 and June 5, respectively.

source: Philippine Star Newspaper

I am writing you today to ask for your help. I have been attempting to get my K1 Visa approved. My fiance' Eddie and I have been trying for just under three years now to get my Visa approved. Eddie and I have completed all the necessary paper work, pictures, proof of lasting relationship, several sworn affidavits from various friends and family etc., required by the State Department of the United States, Department of Homeland Security as well as The United States Citizenship and Immigration Services. I have completed all required medical screenings and we have paid the required fees associated with K1 Visa application. We have both passed our back round checks as well as financial proof of support. I was granted my interview and all went well with that interview save one thing; my birth certificate. I was advised by my interviewing agent at the U.S. Consulate in Hong Kong that everything in my case was in order but, needed to have my birth certificate corrected before I could be granted my K1 Visa. The Philippine Government made a few typographical errors on my birth certificate, including my birth year. This Philippine Government has made this type of error to countless other Philippine nationals. I was even advised by my K1 Visa interviewing agent during my second interview I requested, to get a passport that matches my erroneous birth certificate. There are two reasons why I cannot do this. The first reason is due to the fact that my fiance' and I wanted to make sure that The United States Government had full honest disclosure of who I am. My fiance' is a Law Enforcement Officer in the United States and he informed me that there are severe penalties for lying on official documents and that we needed to make sure that we were completely up front and open with the U.S. Government. I have Visas for several other countries but, all these have been acquired on my behalf by hiring agencies I have went through over the years in order to gain employment. These agencies obviously used my erroneous birth certificate and were still able to get a Visa for me; so I never had cause to question anything. The second reason for not doing as the consulate interviewer suggested is due to severe penalties that would be imposed upon me if I went back to Hong Kong to work while I waited on my visa approval. The Hong Kong Government would incarcerate me if I attempted to reenter Hong Kong with the changed passport. The Hong Kong Government has my current records on file and they check their databases whenever foreign nationals enter/reenter the country. The reason I am in Hong Kong in the first place is due to the fact that it is extremely difficult, especially for women, to find gainful employment in the Philippines. I have tried numerous occasions to have the Philippine Government correct the mistakes they made on my birth certificate. In 2011 I went to my Local Civil Registrar (LCR) of Baggao Cagayan where I was born. President Aquino had passed RA10172 by this time, which amends RA 9048 allowing errors to be corrected to birth certificates however, LCR advised that this change in the law did not include corrections made to the birth year. I hired a lawyer and filed a petition in 2011. March 2012, I received a final decision stating that the correction could not be made and that decision also states that no further petition for correction is allowed to be filed again, anywhere in the Philippines. I also contacted the Philippine National Security Office (NSO) in 2011 several times. The woman I talked to asked in the last of the several emails I sent/received for my details and for the errors that were on my birth certificate however; I never heard back from her. I made several long distance calls to the LCR in Baggao Cagayan and managed to finally secure the documentation required for 6 corrections to my birth certificate but, again my birth year was not corrected and again stated that they cannot correct the year. I saved up money to fly to Baggao Cagayan from Hong Kong in order to deliver in person all the required documentation they needed including clearances, police records etc. and they told me to wait for processing. I flew back to Hong Kong and waited for three months. January this year, I was told The Philippine NSO disapproved all the corrections. It is very apparent that the Philippine Government is not concerned about correcting any mistakes they have made to my birth certificate. My birth certificate is the only thing stopping me from getting my K1 Visa approved; and finally completing the quest my fiance' and I have worked so hard these years to accomplish. Is there anything you can do to help? Is there any type of waiver for typographical errors made by uncooperative governments or any other type of waiver that would help my fiance' and I?

[EddieandLia 0]

Actually I made a mistake; Here is my fiance's post ( I am posting for her).

I am writing you today to ask for your help. I have been attempting to get my K1 Visa approved. My fiance' Eddie Summers and I have been trying for just under three years now to get my Visa approved. Eddie and I have completed all the necessary paper work, pictures, proof of lasting relationship, several sworn affidavits from various friends and family etc., required by the State Department of the United States, Department of Homeland Security as well as The United States Citizenship and Immigration Services. I have completed all required medical screenings and we have paid the required fees associated with K1 Visa application. We have both passed our background checks as well as financial proof of support.

I was granted my interview and all went well with that interview save one thing; my birth certificate. I was advised by my interviewing agent at the U.S. Consulate in Hong Kong that everything in my case was in order but, needed to have my birth certificate corrected before I could be granted my K1 Visa. The Philippine Government made a few typographical errors on my birth certificate, I have 6 multiple wrong entries including my birth year. The Philippine Government (employees) has made this type of error to countless other Philippine nationals. I was advised by my K1 Visa interviewing agent during my second interview to get a birth certificate that matches my passport.

I went to Philippine Consulate here in Hongkong to seek advice. I was told by the officer to have another option; to get a new passport in Philippines using the erroneous birth certificate. There are two reasons why I cannot do this. The first reason is due to the fact that my fiance' and I wanted to make sure that The United States Government had full honest disclosure of who I am. My fiance' is a Law Enforcement Officer in the United States and he informed me that there are severe penalties for lying on official documents and that we needed to make sure that we were completely up front and open with the U.S. Government. I have visas for several other countries from which were not required a copy of my birth certificate. My employment overseas all have been acquired on my behalf by hiring agencies I have went through over the years in order to gain employment. These agencies then didn't required applicants a copy of birth certificate for applying those who doesn't have passport.

The second reason for not doing as the consulate interviewer suggested is due to severe penalties that would be imposed upon me if I went back to Hong Kong to work while I waited on my visa approval. The Hong Kong Government would incarcerate me if I attempted to reenter Hong Kong with the changed passport. The Hong Kong Government has my current records on file and they check their databases whenever foreign nationals enter/reenter the country. The reason I am in Hong Kong in the first place is due to the fact that it is extremely difficult, especially for women, to find gainful employment in the Philippines.

I have tried numerous occasions to have the Philippine Government correct the mistakes they made on my birth certificate. In 2011 I went to my Local Civil Registrar (LCR) of Baggao Cagayan where I was born. President Aquino had passed RA10172 by this time, which amends RA 9048 allowing errors to be corrected to birth certificates however, LCR advised that this change in the law did not include corrections made to the birth year. I hired a lawyer and filed a petition in 2011. March 2012, I received a final decision stating that the correction could not be made and that decision also states that no further petition for correction is allowed to be filed again, anywhere in the Philippines. I also contacted the director of the Philippine National Security Office (NSO) in 2011 via email several times. She asked in the last of the several emails I sent/received for my details and for the errors that were on my birth certificate however; I never heard back from her.

I made several long distance calls to the LCR in Baggao Cagayan and managed to finally secure the documentation required for the rest of corrections to my birth certificate but, again my birth year was not corrected and again stated that they cannot correct the year. I saved up money to fly to Baggao Cagayan from Hong Kong in order to deliver in person all the required documentation they needed including clearances, police records etc. and they told me to wait for processing. I flew back to Hong Kong and waited for three months. January this year, I was told The Philippine NSO disapproved all the corrections. It is very apparent that the Philippine Government is not concerned about correcting any mistakes they have made to my birth certificate. My birth certificate is the only thing stopping me from getting my K1 Visa approved; and finally completing the quest my fiance' and I have worked so hard these years to accomplish. Is there anything you can do to help? Is there any type of waiver for typographical errors made by uncooperative governments or any other type of waiver that would help my fiance' and I?

Edited January 13, 2015 by EddieandLia