2007-06-13
Authority of the Consul General to Correct Clerical or Typographical Errors or Change of Name in the Civil Register
Troy needs a new passport in connection with his application for landed immigrant status. Troy’s old passport shows his first name as “Teroy” following the entries in his official birth and baptismal certificates. In all his personal and official records since his elementary days, however, (e.g., transcript of records, driver’s license, diploma) Troy had consistently written and used “Troy” as his first name. Wanting to make his passport name consistent with all his other documents, he now wants his new passport to indicate “Troy” as his first name instead of “Teroy.”
Question: Can Troy change his first name (from “Teroy” to “Troy”) in his new passport? If yes, what must he do?
Answer: Troy must file a petition with the Consul General in Toronto requesting that his first name be changed from “Teroy” to “Troy.” The petition shall be in the form of an affidavit, duly notarized and in triplicate, and shall set forth facts necessary to establish the merits of the petition and the correction or change to be made. Along with the petition, Troy must also submit a certified true copy of his birth certificate, at least 2 public or private documents (e.g., driver’s license, diploma, work permit, SIN, transcript of records), notice or certification of publication of the petition in a newspaper of general circulation, and clearance or certification that Troy has no pending administrative, civil or criminal case. The filing fee for the petition is US$150.00 or its equivalent value in local currency. (If the petition is merely for the correction of clerical or typographical error, the filing fee is US$50.00.)
If Troy’s petition is granted, the change shall be reflected in his birth certificate by way of a marginal notation to be made by the Consul General. The Consul General’s decision granting the petition shall serve as the basis of the Philippine Consulate General in changing Troy’s name in his new passport (i.e., from “Teroy” to “Troy.”)
The authority of the Consul General to correct clerical or typographical errors and to change first names or nicknames in the civil register is granted for the first time by Republic Act No. 9048, which took effect on 22 April 2001. R.A. 9048 amends Articles 376 and 412 of the Philippine Civil Code, which previously required a judicial order before any entry in the civil register could be changed or corrected.
Administrative Order No. 1, which came into effect on 8 August 2001, contains the rules and regulations governing the implementation of R.A. No. 9048.
Copies of both R.A. 9048 and A.O. No. 1 may be obtained from the Philippine Consulate.