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birthdate correction in a marriage contract

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1 birthdate correction in a marriage contract on Wed Oct 17, 2012 4:11 pm

chelmi


Arresto Menor
atty deary,

anyway, I just want to ask on how I can correct my birth date on my marriage contract. My true birthday is april 5, 1979 but the one reflected on my marriage contract is april 5, 1977..It was almost 7 years ago that I wasnt able to process the corrections due to many requirements and I cannot change status on my PRC license due to conflicts of my birth date on my birth cert. & marriage contract.

what would you advice me to do??

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shad_marasigan


Reclusion Perpetua
This requires a court proceeding under special proceeding can be filed with a court. Depende po ito sa court na hahawak ng kaso.

RULE 108
CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY

Sec. 1. Who may file petition. - Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located.chanrobles virtualawlibrary
Sec. 2. Entries subject to cancellation or correction. - Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization (k) election, loss or recovery of citizenship (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
Sec. 3. Parties. - When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. chanrobles virtua law library
Sec. 4. Notice and publication. - Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.
Sec. 5. Opposition. - The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.
Sec. 6. Expediting proceedings. - The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.
Sec. 7. Order. - After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record.

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attyLLL


moderator
chelmi, go to the local civil registrar and inquire about the process of correction of clerical error.


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shad_marasigan


Reclusion Perpetua
The difference in year might not be applicable for RA 10172 as this law contemplates on the day and month of a clerical error. Administrative proceeding may not apply if the difference is with the year of the date.

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