Name mix-up

Dear Atty. Peachy,

Please help us with our problem regarding my mother’s birth certificate. For context, we can use the name “Mariana Magdangal Romana,” which is the name she’s been using all the time. She was born in Cebu City in 1974 and is an illegitimate child. Today, to our surprise, we received her birth certificate, and this is the name that appeared: Marianita Romana: Marianita - First Name, (Blank) — Middle Name and Romana — Last Name.

We have a problem because all of our father’s benefits have the name “Mariana Magdangal Romana”. If something happens, it might be difficult for her to claim benefits. Please help, as my mother only completed high school. My siblings and I are college graduates, but we do not know anything about laws. Thank you very much.

Joyce

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Dear Joyce,

Thank you for reaching out about the issue with your mother’s birth certificate. In the Philippines, ensuring that personal documents accurately reflect one’s identity is crucial, especially when it comes to matters of inheritance and legal entitlements.

Given that your mother has been using the name “Mariana Magdangal Romana” throughout her life, this discrepancy with her birth certificate should be corrected. Under Philippine law, particularly the Civil Code and Republic Act 9048, individuals can file a petition for the correction of clerical errors in their civil registry documents.

Collect all relevant records that support your mother’s use of the name Mariana Magdangal Romana, including school records, identification cards, and other legal documents that bear her correct name. File a petition for correction of the name on the birth certificate. This petition needs to be filed with the local civil registrar of the city where your mother was born.

Once the petition is granted, your mother should request a certified copy of the corrected birth certificate to ensure all future documents reflect her correct name.

While your mother’s educational background may make this process daunting, rest assured that you and your siblings can assist her through the necessary steps. Best of luck as you work to resolve this matter. It is important to address these discrepancies promptly to protect your mother’s rights and benefits.

Atty. Peachy Selda-Gregorio