The misspelled last name in the birth certificate should be corrected by filing a petition for correction of clerical error under the provisions of Republic Act 9048.
Who Shall File
- owner of the record
- owners spouse
- other person duly authorized by law or by the owner of the document sought to be corrected;
- if owner of the record is a minor or physically or mentally incapacitated, petition may be filed by his spouse, or any of his children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.
Where to File
If born in the Philippines
- The petition shall be filed with the local civil registry office of the city or municipality where the birth is registered.
- When the petitioner had already migrated to another place within the Philippines and it would not be practical for such party to appear in person with the civil registrar of the place of birth, the petition may be filed with the civil registry office where he/she is currently residing
If born abroad
- If born abroad, with the Philippine Consulate where the birth was reported.
- Certified machine copy of the birth record containing the entry to be corrected;
- Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants;
- Notice/Certificate of Posting;
- Payment of one thousand Pesos (P1,000.00) as filing fee. For petitions filed abroad a fee of $50.00 or equivalent value in local currency shall be collected;
- Other documents which may be required by the concerned civil registrar.