Today I had a walked - in - client who visited me at home. She is my first client to do so since I moved in our village almost 4 years ago. I don't really take on individual clients except for a few friends and those assigned to me by the J.Reuben Clark Law Society Philippines Chapter given the very busy corporate practice.
Anyway, the client is a very concerned mom, who is a mother of a 7-year old girl whose SEX/GENDER was erroneously entered as MALE in her Certificate of Live Birth. She is seeking to change said minor's sex / gender before she begins school and she has been looking for a lawyer for almost two months now until she met my sister-in-law Amy who suggested that she visits me.
I accepted the case.
The petition is pursuant to Article 412 of the Civil Code of the Philippines which was amended by Republic Act (R.A.) No. 9048 in so far as clerical or typographical errors are involved, to wit:
“ART. 412. No entry in the civil register shall be changed or corrected without a judicial order.
Section 2(c) of RA 9048 defines what a "clerical or typographical error" is:SECTION 2. Definition of Terms. – As used in this Act, the following terms shall mean:xxx xxx xxx(3) "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 that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, 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, status or sex of the petitioner. (emphasis supplied).”
Under RA 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court, to wit:
“Rule 108, Section 2.Entries subject to cancellation or correction.- Upon good and valid grounds, the following entries in the civil register may be canceled and 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.”
Hence, the Petition under Rule 108 of the Rules of Court.
1) the mistake was an oversight not attributable to the petitioner nor the minor and something which they have no control;
2) as a mother of the MINOR, she can attest that she has given birth to a female, and she has been and still a female as of date;
3) the sex of the MINOR is female as visually seen by the birth attendant who has examined the genitals of the infant at the time of birth.
4) the medical records of the MINOR when she was one (1) day old and admitted at the the hospital indicated the SEX of the MINOR as FEMALE.
5) the X-ray film taken of the MINOR when she was one (1) day old and admitted at the hospital would readily show the female organ of the MINOR. Further, the hospital file (Case No.) indicated the SEX of the MINOR as F (which stands for FEMALE).
6) the medical records of the MINOR when she was three (3) years old and admitted indicated the following remarks “Patient delivered to a live baby girl by normal spontaneous delivery. Baby, however, brought to hospital because of difficulty of breathing”.
7)The MINOR does not have any outstanding judgments, has never been convicted of a crime, and is not involved in any pending legal actions.
8)The MINOR has been born as a “female” and that she had always identified herself as girl since childhood and has not undergone any sex/gender transformation from "male" to “female”.
9)The Petition is filed by petitioner not to evade any law or judgment or any infraction thereof or for any unlawful motive but solely for the purpose of making the birth records of her MINOR daughter compatible with her actual sex of being a FEMALE since a person’s sex is an essential factor in marriage and family relations, legal capacity and civil status.
Comments
I have another case now, his birth certificate is really erroneous.
His name is the same as his father's name, they differ only in the middle name. Most of the male with the same name as their father has a Jr. in it. but not in his case. his records in school has a Jr.
His birthday also is not the correct birthday.
His mother's middle name is also not correct.
He is the 7th child of 8th children but in his birth record, he is the first child.
Don't you think this is erroneous?
Should i file a correction of entry under RA 9048? Considering that the correction does not involve a change of nationality, age, status or sex? please help
I also have a problem on my birth certificate..I want to process it and I'd like to seek your advice on how it will be done and how much will it costs. I knew that it is something court decree..
I'd like to hear your response attorney..
Thank You very much!
Ako po si Jolly Mendoza Jucom 26 years old. Sumulat po ako sa inyo upang humingi ng tulong tungkol po ito sa aking birth certificate. Kasi po imbes na female po ang naka tsek ang male po ang nakalgay, Ngayon po may isa po akong kaibigan sa trabaho na nag recomenda sa akin na abogado last March 19. 2007 po naka pag file na po kami at nakapag bayad na din po as full payment po yun. Dumaan ang araw at nakatangap po kami ng letter galing sa court na may hearing kami nung September 2007. Umattend po ako ng hearing subalit ang abogado ko po at di po sumipot wala man lang po abiso na di po sya makaka attend kung di po namin tawagan di din po kami kinokontak. Nare set po ang hearing namin naging October 2007 po. Nagtext po sya na wag daw po muna ako pumunta ng court kasi sya na po daw ang bahala syempre nagtiwala po kami at di na po umattend. Katagalan po may notice na pinadala na dismiss na daw po ang kaso kasi di daw po ako umattend. Dun na po kami nagduda sa kanya bakit may notice kami na ganun ang sabi nya naka pag file na daw po sya ng motion for reconsideration, Madami po syang aliby naging Jan. 2008 may hearing kami pero wala naman notice na dumadating. Lumipat na po kami ng tirahan at ngayon nandito na po kami nakatira sa cebu ngayon last march 2008 pa po. Umuwi po kami dito na nag dadalantao po ako nun. Ginawa na din nya na aliby yun di daw ako makabiyahe kaya di nya maasikaso keso ganto ganyan. Last September 2008 may hearing po ulit kami di na naman po sya sumipot na re set na naman . Nalalakihan na po kami ng gastos kasi dito na nga po kami nakatira sa cebu at ilang beses pa po ako nakabalilk dyan dahil kulang ang proof ko na di naman po sinabi ng abogado ko hanggang ngayon wala na nangyari may dumadating na notice sa hearing ko di ko na po napupuntahan kasi ganun din lalaki lalo ang gastos ko. isa pa may anak po ako na maiiwan dito at wala po akong mapag iiwanan. almost 3 years na po ang nakakaraan na laging ganun ang abogado ko . madaming aliby at mukhang pineperahan lang kmi kasi nagpapadagdag pa sya. Sana po ay matulungan nyo po ako sa aking problema dahil gusto ko po makapunta ng ibang bansa para magtrabaho . salamat po
Lubos na gumagalang;
Ms.Jolly M. Jucom