Ordinance Imposing Filing Fees for Correction of Clerical or Typographical Errors and Change of First Name or Nickname in the Civil Register of the Local Civil Register Office of the Municipality of Orion, Bataan

November 20, 2001 Excerpts from the Minutes of the Regular Session of the Sangguniang Bayan of Orion, Bataan, Held at the Session Hall of the Orion Municipal Building on November 20, 2001 ORION MUNICIPAL TAX ORDINANCE NO. 01-010-012 AN ORDINANCE IMPOSING FILING FEES FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERRORS AND CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER OF THE LOCAL CIVIL REGISTRY OFFICE OF THE MUNICIPALITY OF ORION, BATAAN PURSUANT TO R.A. 9048 Authors: Hon. Virgilio Isidro, Hon. Reynaldo Waje, Hon. Edward Seeckts, Hon. Miguel Cruz WHEREAS, Article 376 of the Civil Code of the Philippines prohibits the changing of name or surname of a person without judicial authority, while Article 412 of the same law prohibits any correction or change of entry in a civil register without a judicial order; WHEREAS, the said provisions of the Civil Code of the Philippines requiring the judicial order for any correction in the entries in civil register and for change of mane n or surname were seen to favor a privileged few, who can exhaust all possible means for their intentions; WHEREAS, the enactment of Republic Act 9048 "An Act Authorizing the City or Municipal Civil Registrar of the Consul General to Correct Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register Without Need of a Judicial Order" hopes to give our less privileged citizens an easier but legal way for correction of entries in the civil register or change of first name or nickname, subject to certain limitations; WHEREAS, petitions for correction of clerical or typographical errors and change of first name or nickname in the civil register can be filed upon payment of fees, prescribed under RA 9048, which are reasonable and commensurate to the services to be extended by the local civil registry office; RESOLVED, that the Sangguniang Bayan of Orion, Bataan, in session duly assembled, hereby approves on third and final reading the Municipal Tax Ordinance No. 01-010-012 be ordained, thus: SECTION 1. Title. This ordinance shall be known as the Ordinance Imposing Filing Fees for Correction of Clerical or Typographical Errors and Change of First Name or Nickname in the Civil Register of the Local Civil Register Office of the Municipality of Orion, Bataan. SECTION 2. Definitions. When used in this Ordinance, the following terms or phrases shall mean: a. Clerical or typographical errors are limited to those mistakes committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, 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. b. Civil Register refers to the various registry books and related certificates and documents kept in the archives of the Local Civil Registry Office (LCRO) of the Municipality of Orion, Bataan. Included are the register of births, register of deaths, register of divorces and revocation of divorces, report of birth, report of death, certificate of live birth, certificate of marriage, and others. c. Local Civil Registry Office (LCRO) is the office or department in the Municipality of Orion that is mandated to perform civil registration function. d. Municipal Civil Registrar (MCR) is the head of Local Civil registry Office of the Municipality of Orion, who is appointed by the Municipal Mayor in accordance with the provisions of existing laws. e. First name is the name or nickname given to a person, which may consist of one or more names in addition to the middle and last names. f. Petitioner is a natural person filing the petition for the correction of a clerical or typographical error, or a petition for change of first name. He must be of legal age and must have direct and personal interest in the correction of clerical or typographical error in an entry and/or change of first name or nickname in the civil register. A person is considered to have "direct or personal interest" when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian or any other person duly authorized by law or by the owner of the record sought to be corrected or changed. g. Indigent petitioner is one who is destitute, needy and poor individual. To qualify as indigent petitioner, he should be certified as such by the Municipal Social Welfare and Development Officer of Orion. SECTION 3. Imposition of Filing Fees. There shall be collected the following filing fees from petitioners for the following purposes: Petition for Correction of Clerical or Typographical Error In the civil register of LCRO-Orion - Ph1,000.00 Petition for Change of First Name or Nickname - 3,000.00 SECTION 4. Time of Payment. The fees imposed in this ordinance shall be paid to the Municipal Treasurer upon filing of petition with the LCRO of the Municipality of Orion together with the supporting papers as may be required by the Municipal Civil Registrar. The Municipal Treasurer shall issue the official receipt to the petitioner upon payment of the filing fee, who shall then present the official receipt to the LCRO of Orion. SECTION 5. Administrative Provisions. a. Petition for correction of clerical or typographical errors in civil register shall not include errors that involve the change of nationality, age, status or sex of the petitioner. b. When a person is a minor or physically or mentally incapacitated, the petition may be filed on his behalf by his spouse, or any of his children, parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law. c. Only the first name of a person appearing in his birth certificates shall be subject of a petition for change of first name. d. An indigent petitioner shall be exempted from the payment of filing fee upon presentation of a certificate from the MSWDO of Orion. e. When the petitioner files petition for correction of clerical error, simultaneously with a petition for change of first name, involving the same document, the petitioner shall pay only the amount corresponding to the fee for change of first name. f. The petitioner shall pay only the amount corresponding to the fee for correction of clerical errors, regardless of the number of clerical errors to be corrected, if only one document is involved. g. Only one document shall be the subject of a petition even if there are various clerical errors to be corrected. Conversely, if there are several documents to be corrected, there should also be several petitions corresponding to the number of documents. Hence, the filing fee to be collected shall correspond to the number of petitions filed. h. The correction of clerical or typographical error shall be availed of only once with respect to a particular entry or entries in the same civil registry record. However, with regard to the change of first name or nickname in the birth certificate, the privilege shall be availed of only once. SECTION 6. Repealing Clause. Existing ordinances or parts thereof, which are inconsistent with this ordinance, are hereby repealed, amended, or modified accordingly. SECTION 7. Effectivity . This ordinance shall take effect fifteen (15) days upon approval and upon compliance with posting/publication provisions of the Local Government Code of 1991. ENACTED. November 20, 2001. RESOLVED FINALLY, that the copies of ordinance be forwarded to the Sangguniang Panlalawigan, through the Hon. Rogelio G. Roque, Vice Governor and Presiding Officer, the Hon. Antonio L. Raymundo Jr., Municipal Mayor, the Municipal Civil Registrar, the Municipal Treasurer, the Municipal Accountant, the Municipal Budget Officer, all the Barangay Captains for their information and appropriate action. ATTESTED: ROLANDO S. BANZON, MD, MPH, CESO III Vice Mayor & Presiding Officer VIRGILIO S. CATALAN SB Member VIRGILIO B. ISIDRO SB Member EDWARD T. SEECKTS SB Member REYNALDO S. WAJE SB Member LUZ D. AUSTRIA SB Member MIGUEL L. CRUZ SB Member CELEDONIA B. NAVARRO SB Member ISAGANI B. DE LEON SB Member MELINDA N. BERJA SB Member CHIQUI N. BERJA SB Member I hereby certify to the correctness of the Ordinance duly enacted on Nov. 20, 2001. CARLOTA T. VALERIO Secretary to the Sangguniang Bayan APPROVED: ANTONIO L. RAYMUNDO, JR. Municipal Mayor n Note from the Publisher: Copied verbatim from the official copy. The word "mane" should read as "name".