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Name correction/ Change of name


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Has anyone had success with having their (or a family member's) name either corrected or changed? How long did it take? I need to have my mom's first name changed before I can petition her to come to the US but don't know where to start. 

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USMC-Retired

I have been through it and it is not easy.

 

You must go to the Local Civil Registrar in the area which the document was originally filed.  

They will require a min of two supporting documents to prove that the name was erroneously entered on the document.  Be prepared they will want other documents to prove as such.  SSS, TIN, Tax ID, Barrangy Clearance, DL, Baptismal, NBI, Passport, or some other form of ID. It is his or her discretion on the number of documents and if they will accept the documents you present.  YOU MUST GO TO THAT LOCAL CIVIL REGISTRAR where it is filed.  If not then they just send your documents from where you try and fix it to that local civil registrar. 

 

Then once they feel you have enough documents to support that this is in error.  They will petition Manila for a change.   Manilia will review and determine if it was in error.  After that it is returned to the local civil registrar for correction in the official file.   Then a copy of the change is then sent back to Manila for change in the NSO record and national database.   The time frame for the petition from the time you have the documents to the time you receive and NSO changed record is 4-6 months.

 

Good luck it is not easy and very time consuming.   

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Name correction on a birth certificate, hire a lawyer, 40 thousand and 1 to 2 years until new BC.

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USMC-Retired

No need to hire an attorney.  If the name is silly or typographical error.    I did that with a marriage license First name misspelled.

 

You just need enough supporting documents to prove otherwise.  Example your mom has the name Bethany.  Yet her Birth Certificate says Bethiny.  Though all her life she spelled it Bethany.  Every document in her life has that name spelled Bethany.  Marriage, SS, TIN, TAX ID, Barangy Clearance, NBI or the likes.     It becomes a typographical error and is covered in RA9048.

 

It will still take you 4 to 6 months to correct.  You still have to go to the local civil registrar where it was originally recorded to fix it.    You will need at a min 6 supporting documents to fix it.  It took me 11 documents to get mine fixed.    An attorney can not help you with this.  It is no longer a court issue and is up to the local civil registrar to fix. 

 

I am no expert on this matter I had success when I did it.   I learned the laws inside and out and know what it takes.  What you do not account for is the words that say "at the discretion of the local civil registrar".  This is your biggest obstacle in accomplishing it.  

Edited by USMC-Retired
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broden

much to his chagrin USMC-Retired has become our resident name change/fix expert

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SkyMan

This may be a worse problem than yours Tim.  Believe it or not.  Your problem was with your MC and hers is with a BC.  I would think all the docs you listed would stem from the incorrectly spelled BC and are, or should be, also spelled incorrectly.  If I were to play Devil's advocate as a local registrar, I'd say any of those docs you listed were falsely obtained from some other BC.  The only docs that might be correct would then be her Baptismal certificate and Lauie's BC listing her mother correctly spelled which is why she can't petition her as there is a mismatch.  Otherwise, I would suggest petitioning her with the misspelled name and then correcting the name in the US if desired.  I don't know how this would work for her.  A friend of mine was able to correct her daughter's BC which had her name, not her daughter's, misspelled with a baptismal certificate and an affidavit from her.    Perhaps Lauie's lola/lolo is around to do that?

Edited by SkyMan
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USMC-Retired

You could be correct.  Considering we do not know all the details.  I did provide the reference  RA 9048 which would allow someone to change it.  If it is just for the sake of changing it then it takes a court order.   However if it meets the below criteria then you need to start with the local civil registrar where it was filed.  

 

Section 4. Grounds for Change of First Name or Nickname. – The petition for change of first name or nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or

(3) The change will avoid confusion.

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No need to hire an attorney.  If the name is silly or typographical error.    I did that with a marriage license First name misspelled.

 

You just need enough supporting documents to prove otherwise.  Example your mom has the name Bethany.  Yet her Birth Certificate says Bethiny.  Though all her life she spelled it Bethany.  Every document in her life has that name spelled Bethany.  Marriage, SS, TIN, TAX ID, Barangy Clearance, NBI or the likes.     It becomes a typographical error and is covered in RA9048.

 

It will still take you 4 to 6 months to correct.  You still have to go to the local civil registrar where it was originally recorded to fix it.    You will need at a min 6 supporting documents to fix it.  It took me 11 documents to get mine fixed.    An attorney can not help you with this.  It is no longer a court issue and is up to the local civil registrar to fix. 

 

I am no expert on this matter I had success when I did it.   I learned the laws inside and out and know what it takes.  What you do not account for is the words that say "at the discretion of the local civil registrar".  This is your biggest obstacle in accomplishing it.  

I appreciate the info. I think that in my mom's case, it will be a tougher process. She was born and registered as *Lisa but when she started first grade her dad unofficially changed her name to *Anna. Since then she's been known as Anna. As someone who has never been employed or traveled outside the Philippines, she hasn't really come across a circumstance where she had to provide necessary documents, so up to now she doesn't have any form of identification except for an ID card that she got through the town police station. This means she will go through a helluva time just getting each document that the local register will require from her. Would it be wiser if she just "go back" to Lisa or would that only make things more complicated? She is Anna on her marriage certificate.

 

*not the actual names

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USMC-Retired

The Marriage Licences and the Birth Certificate are going to have to match.  Any record that has been recorded with NSO will have to fixed.  The US embassy will do a search of NSO records based on matching items.  Father Mother Husband and sibilings.  So the question to you is what is on all her children's birth certificates?    Those are also consider supporting documents.    She is going to have to correct that.  

 

If all the records have the name her father gave her that is different the birth certificate.  Then you will have to correct the birth certificate.  Otherwise you will have to start correcting 100 and 1 NSO documents.

 

Changing the document (Birth Certificate) falls into section 4 item 2 of the RA 9048.  So yes it can be done.  

 

I would go in prepared with as many NSO documents that state she has used that other name over time.  Also get a Barangy Clearance, Tax ID Voter ID and SS/TIN .  All of those are obtain very easy.  

Edited by USMC-Retired
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SkyMan

You probably want to gather whatever docs you have for her and figure out which is easier to change.  You say she is Anna on her MC so she is probably Anna on your BC also?  That is likely the most important one to have correct.  Sounds like the only Lisa doc is her BC and maybe her baptismal if there is one so the BC may be the easiest one to change.  Tim mentioned

Also get a Barangy Clearance, Tax ID Voter ID and SS/TIN . All of those are obtain very easy.

  A PITA but those can be used to get a postal ID and it's easy enough to get her a DL too.  My wife has one and no actual driving experience.  We got it for her for the ID aspect.  If she became Anna at the start of first grade all her school records would be Anna so that's a plus.
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SkyMan

Your Honor, I respectfully petition that my name be changed because it is ridiculous.

 

(1) The petitioner finds the first name or nickname to be ridiculous

 

And what do you find ridiculous about it Mr Ziggyhigitsendorfer?

 

That's my given name.  You don't want to know my surname.

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USMC-Retired

Just remember the US Embassy will do a NSO search.  Make sure that you take no shortcuts.  Change what ever document as stated above is easiest.    However I get the feeling it is going to be the Birth Certificate.   This is covered by RA 9048 so you can do it.  Just get the supporting documents before you go to the local civil registrar.  

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ed villas

here is an answer from DEAR PAO

 

Dear PAO,
I was born in Quezon City and was given the name Lisa. However,
my parents changed my name and had me baptized with the name Carol because I was
sickly when I was a child.


Now all my school documents and identity cards were issued in the name of
Carol. Can my name in my birth certificate be changed to
Carol?
Carol

Dear Carol,
A first name is the name given to a person
upon his birth to identify him and distinguish him among others who may have the
same middle and/or family names. As a rule, the name, which a person should use,
is the one appearing in his birth certificate. There are instances, however,
when the name actually used is different from that which is registered in the
birth certificate like when there has been an error in transcribing the name in
the birth certificate or, like in your case, the parents later decided to give
their child a different name.

Since you have always used your baptismal
name Carol and have been publicly known in such name, it would be more practical
to apply for the change of your name in your birth certificate from Lisa to
Carol than to amend all your existing documents and identity cards to reflect
the name, which is registered in your birth certificate. This is allowed by
Section 4 of Republic Act (RA) No. 9048, to wit:

“SECTION 4. Grounds for
Change of First Name or Nickname. The petition for change of first name or
nickname may be allowed in any of the following cases:

1. The petitioner
finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.

2. The new first name or
nickname has been habitually and continuously used by the petitioner and he has
been publicly known by that first name or nickname in the community:
or

3. The change will avoid confusion.”

In order to apply for your
change of name, you need to file a verified petition with the local civil
registry office of Quezon City. Your petition should be in the form of an
affidavit, subscribed and sworn to before any person authorized to administer
oaths and shall contain the facts necessary to establish the merits of your
petition. It shall be accompanied by the following:

1) a certified true machine
copy of the certificate sought to be changed;

2) at least two public or private
documents upon which the change shall be based; and

3) other documents which the
petitioner or the city or municipal civil registrar may consider relevant and
necessary for the approval of the petition.

Moreover, you need to have your
petition published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation.

You also need to submit a certification from
the appropriate law enforcement agencies that you have no pending case or
criminal record (Section 5, RA No. 9048). Once your petition is granted, your
birth certificate shall contain an annotation that your name is changed from
Lisa to Carol.
 

 

http://manilatimes.net/index.php/dear-pao/36466-apply-for-change-of-name-in-birth-certificate

 

 

 

 

here is an answer from DEAR PAO in manilatimes.net

 

 

 

 

 

 

 

 

 

Dear PAO,
There is a mistake on the date of birth in my birth certificate.
I heard about R.A. No. 10172 which authorizes the civil register to correct the
entry of the date of birth appearing on the birth certificate.


May I ask what are the requirements and the procedure to make the necessary
correction on my birth certificate? Pls. help because I need to fix this problem
for my application abroad. Thank you.
Bobby

Dear Bobby,
Republic
Act (R.A.) No. 10172 is otherwise known as “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 Republic Act Numbered Ninety Forty-Eight”.

As
can be gleaned from the title of this republic act, the said law allows city or
municipal civil registrar, or consul general to correct clerical or
typographical errors on the day and month in the date of birth, or sex of a
person appearing on the civil registry. There are two important points here.
First, there must be a clerical or typographical error in the entry. 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… 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” (Sec. 2, R.A. No. 10172). Second, R.A. No. 10172
covers only corrections of the day and month of birth. It does not include the
year of birth.

Therefore, the mistake on the date of your birth in your
birth certificate must be clerical or typographical and it must refer to the day
or month of birth if you want to avail of the remedy provided in R.A. No. 10172.
Otherwise, you will have to file a petition for correction of entries in the
civil registry in the appropriate Regional Trial Court pursuant to Rule 108 of
the Rules of Court.

As to the procedure, the Civil Registrar General
issued Administrative Order No. 1, Series of 2012 implementing the provisions of
R.A. No. 10172 last October 24, 2012. Under the said rule, a person has to file
a verified petition in the city or municipal civil register where the birth
record is registered, and pay the filing fee of P3,000.00. The application must
be supported by the following documents:

1. A certified true copy of the
certificate or of the page of the registry book

containing the entry or
entries sought to be corrected or changed;

2. At least two (2) public or
private documents showing the correct entry or entries upon which the correction
or change shall be based;

3. Other documents which the petitioner or the
C/MCR, or the CG, or D/CR may consider relevant and necessary for the approval
of the petition;

4. Earliest school record or earliest school
documents;

5. Medical records;

6. Baptismal certificate and other
documents issued by religious authorities;

7. 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:

Employer, if employed; National Bureau of Investigation; and
Philippine National Police.

8. In case of correction of sex, medical
certification issued by an accredited government physician that the petitioner
has not undergone sex change or sex transplant.

The petition shall then
be posted by the concerned C/MCR, CG or D/CR in a conspicuous place for ten (10)
consecutive days and published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation.

As proof of compliance, the notice
or certification of posting, as well as a clipping of the publication and an
affidavit of publication from the publisher of the newspaper will be attached to
the petition.

 

http://manilatimes.net/index.php/dear-pao/37769-civil-registrar-or-consul-general-can-correct-clerical-errors-on-birth-certificate

 

http://manilatimes.net/index.php/dear-pao/37769-civil-registrar-or-consul-general-can-correct-clerical-errors-on-birth-

Edited by ed villas
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