File affidavit with civil registrar

for correction of birth certificate

entry
As a general rule, all persons who wish to correct errors in the entries
in their certificates of live birth must file a proper petition before the
court of the place where such entry has been made pursuant to Rule
108 of the Revised Rules of Court. This is in consonance with Article
412 of the New Civil Code which provides that, “No entry in a civil
register shall be changed or corrected, without a judicial order.”

However, with the birth of Republic Act (R.A.) No. 9048, which was
approved on March 22, 2001, certain entries in the civil register may
be changed without necessitating judicial order, provided it only
involves clerical or typographical errors and change of first name or
nickname (Section 1, R.A. No. 9048). The petition for correction of
entry must be filed before the local civil registry office of the city or
municipality where the record being sought to be corrected or changed
is kept. If the petitioner has already migrated in another place and it
would not be practical for such party, in terms of transportation
expenses, time and effort to appear in person before the local civil
registrar keeping the documents to be corrected or changed, the
petition may be filed, in person, with the local civil registrar of the
place where the interested party is presently residing or domiciled.
The two (2) local civil registrars concerned will then communicate to
facilitate the processing of the petition. Nevertheless, for Filipino
citizens who are presently residing in foreign countries, they may file
the petition, in person, with the nearest Philippine Consulate (Section
3, R.A. No. 9048).
In the situation of your husband, it is advisable for him to file a
petition before the local civil registry office of the place where his
birth was registered. The petition shall be in the form of an affidavit
particularly stating the erroneous entry in his birth certificate relative
to his surname, and the same must be subscribed and sworn to before
any person authorized by the law to administer oaths. Pursuant to
Section 5, R.A. No. 9048, your husband must attach in his petition the
following: (1) certified true machine copy of his birth certificate; (2) at
least two public or private documents showing the correct entry upon
which the correction shall be based; and (3) such other documents
which he or the city or municipal civil registrar may consider relevant
and necessary for the approval of his petition.