Middle Name Issue

Hello:

If your middle name is misspelled in your birth certificate, the remedy depends on the nature of the error. Presuming this is in Philippine jurisdiction, there are two common legal routes under our laws.

Firstly, if the mistake is clearly clerical, meaning it is just a typographical or spelling error and there is no change of identity involved, this may fall under Republic Act No. 9048, as amended by Republic Act No. 10172. In that case, you do not need to file a court case. You may file a Petition for Correction of Clerical Error before the Local Civil Registrar.

The good news is this, you are not strictly required to personally file it in Malabang. Under the implementing rules of RA 9048, you may file the petition with the Local Civil Registrar of the place where you are currently residing. That office will coordinate with the Civil Registrar of Malabang where your birth was registered. So yes, it is possible to process this without physically going back there.

Secondly, if the correction involves something substantial, for example it affects filiation, legitimacy, or changes your identity, then a judicial petition under Rule 108 of the Rules of Court may be required. In that scenario, it must be filed before the Regional Trial Court of the place where the civil registry is located, which would be Malabang. A lawyer can represent you, and in many cases your physical appearance may not always be required, depending on the court’s directives.

In practical terms, here is what you should consider:
a.) Secure a copy of your PSA birth certificate.
b.) Determine whether the error is purely clerical.
c.) Prepare supporting documents showing the correct spelling, such as school records, baptismal certificate, valid IDs, and other government records consistently using the correct middle name.

Yes, a lawyer can assist you in preparing the petition, affidavits, and supporting documents, and in coordinating with the proper civil registry office. You do not necessarily need to travel to Malabang unless the case becomes judicial and the court specifically requires your presence.

Sincerely,

ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm