Philippine Bar review · Question

Practice question: Clerical Error (RA 9048, as amended by RA 10172)

Multiple Choice Hard

Practice question

An applicant asks to correct an allegedly mistyped sex entry. Counsel argues that the applicant’s affidavit alone is enough and that the statute also authorizes changes resulting from sex-reassignment surgery as ordinary clerical corrections. Which is correct?
  1. Both propositions are correct.
  2. Every sex-entry change is forbidden even when clerical.
  3. The physician’s certification replaces all other documents.
  4. Both propositions are mistaken: the law requires proof of a patently clerical mistake and prescribed supporting documents, including the specified government-physician certification.
  5. A private employer may resolve the issue without records.

Legal references

  • https://lawphil.net/statutes/repacts/ra2001/ra_9048_2001.html — RA 9048 sections 3–7: filing, first-name grounds, administrative processing and recourse.
  • https://lawphil.net/statutes/repacts/ra2012/ra_10172_2012.html — RA 10172 sections 1–4: amended authority, clerical-error definition, documents and publication.

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