ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 10172 (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 Act Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office of the Civil Registrar General (OCRG) hereby promulgates the following rules and regulations of Republic Act No. 10172 which was approved on August 15, 2012 for the information, guidance and compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the OCRG to carry out and administer the provisions of Act No. 3753 otherwise known as the "Civil Registry Law".

This Order shall be suppletory to Administrative Order No. 1, Series of 2001 (Implementing Rules and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5 and 8 of Republic Act No. 9048. Section 1 of this Amendatory Law provides, "No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar (C/MCR) or consul general in accordance with the provisions of this Act and its implementing rules and regulations."

IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth.

Rule 2. Definition of Terms

As used in these rules, the following terms shall mean:

2.1. 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 on the entry of day and month in the date of birth or the sex of the person, 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: Provided, however, that no correction must involve the change of nationality, age (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex - Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth - Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected.

2.4. Accredited Government Physician - Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification - Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant.