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R.A. No.

9255
Republic Act No. 9255 is an amendment to Art. 176 of the Family Code of the Philippines which
enunciates that:

Art. 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code. The
legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions in the Civil Code governing
successional rights shall remain in force.

Republic Act No. 9255 allows the illegitimate children to use the surname of their father provided
that their filiation has been expressly recognized by the father through the record of birth
appearing in the civil register, or when an admission in a public document or private handwritten
instrument is made by the father. Furthermore, the father has the right to institute an action before
the regular courts to prove non-filiation during his lifetime.

R.A. No. 10172


Republic Act No. 10172 authorizes the City and 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 judicial order, amending for this purpose Republic
Act. 9048.

RA 9048 RA 10172
CASES COVERED
Clerical or typographical errors and change of 1. Clerical or typographical errors and
first name or nickname. change of first name or nickname;
2. The day and month in the date of birth;
or
3. Sex of a person where there is patently
clear that there was clerical or
typographical error.
DEFINITION OF CLERICAL AND TYPOGRAPHICAL ERROR
A mistake committed in the performance of A mistake committed in the performance of
clerical work that is harmless and innocuous, clerical work that is harmless and innocuous,
such as misspelled name or misspelled place of such as misspelled name or misspelled place of
birth or the like. birth, mistake in the entry of day and month in
the date of birth or the sex of the person and the
No correction must involve the change of like.
nationality, age, status or sex of the petitioner.
No correction must involve the change of
nationality, age, or status of the petitioner.
ANNEXES TO THE PETITION
1. A certified true machine copy of the In addition to those required under RA 9048:
certificate or the page of the registry 1. For correction of erroneous entry of date
book containing the entries sought to be of birth or the sex of a person: earliest
corrected or changed; school record or earliest school
2. At least two (2) public or private documents such as, but not limited to,
documents showing the correct entries medical records, baptismal certificate
upon which correction or change shall and other documents issued by religious
be based; authority; and
3. Other documents which the petitioner or 2. For change of gender corrected:
the city or municipal civil registrar or certification issued by an accredited
the consul general may consider government physician attesting to the
relevant and necessary for the approval fact that the petitioner has not
of the petition; and undergone sex change or sex transplant.
4. Certification from appropriate law
enforcement agencies that the petitioner
has no pending case or no criminal
record.

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