NSO

CIVIL REGISTRATION AND ISSUANCE OF CERTIFICATIONS

 

A.     Civil Registration

It is the continuous, permanent and compulsory recording of vita events occurring in the life of an individual such as birth, marriage and death, as well as all country decrees, and legal; instruments affecting his civil status in appropriate registers s mandated by Act No. 3753, the civil Registry Law.

 

1.      What are the registrable events?

Registrable events are birth, death, fetal death, marriage and founding.

 

1.1  Live Birth is the complete expulsion or extraction of a product of conception from its mother, irrespective of the duration of pregnancy, which after such separation breathes or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is still attached.

 

A fetus with an intra-uterine life of less than seven (7) months or more than born alive at the time it was completely delivered from the maternal womb but died later shall be considered as live birth and shall be registered in the Register of Births.

 

However, if the fetus had an intra-uterine life of less than seven (7) months, it is not deemed born if it dies within in 24 hours after with its complete delivery from the maternal womb (Article 41, R.A. 386). For statistical purposes, Certificate of Live Birth (COLB) shall be preparing in duplicate. A copy of which shall be forwarded to the Office of the Civil Registrar General and the other for civil registrar’s file.

 

1.2  Marriage is a special contact of permanent union between a man and woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidence are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided in the Family Code of the Philippines.

 

1.3  Death is the permanent disappearance of all evidence of life at any time at live birth has taken place (post-natal cessation of vital functions without capability of resuscitation).

 

A fetus with an intra-uterine life of less than seven (7) months or more than born alive at the time it was completely delivered from the maternal womb but died later shall be considered as live birth and shall be registered in the Register of Deaths.

 

However, if the fetus had an intra-uterine life of less than seven (7) months, it is not deemed born if it dies within in 24 hours after with its complete delivery from the maternal womb. For statistical purposes, Certificate of Death shall be prepared in duplicate copies and a copy of shall be forwarded to the Office of the Civil Registrar and to the Civil Registrar-General.

 

1.4  Fetal Death is a death prior to the complete expulsion of a product of conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such separation the fetus does not breath nor show any other evidence of life, such as the beating of the heart, pulsation of the umbilical cord, or definitely movement of voluntary muscle.                                                                                                                                          

 

2.      Who should report the event?

 

2.1  For Birth:

  •  The administrator of the hospital, clinic or similar institution where the birth occurred.
  • The physician, midwife or any persons who attended the delivery of the child; or
  • In default of the hospital or clinic administrator or attendant-at-birth, either or both of the child’s parents.

 

2.2  For death:

  • The administrator (or his authorized representative) of the hospital, clinic or similar institution where the person died;
  • The person who last attended the deceased (such as the physician, nurse, midwife, faith healer or other persons) when the place of death is not in a hospital, clinic or similar institution;
  • The nearest relative of the deceased or any person who has knowledge on the facts of death, when there is no attendant-at-death or the place of death is not in the hospital, clinic or similar institution.

 

2.3  For Marriage:

  • The solemnizing officer or the person of officiating the marriage ( such as priest, judge, imam, and the like); or
  • In default of the solemnizing officer, or either or both of the contracting parties.

 

3.      When and where should an event be registered?

 

3.1  Birth, death, and fetal death should be reported to the Local Civil Registrar’s Office (LCRO) of the city/municipality where the event transpired not later than thirty (30) days from occurrence.

 

3.2  Marriages

 

3.2.1        Marriages exempted from the license requirement should be reported to the Local Civil Registrar’s Office (LCRO) of the city/municipality where the event transpired not later than thirty (30) days from the date of marriage.

 

3.2.2        Marriages that requires licenses should be reported to LCRO where marriage occurred not later not fifteen (15) days after the date of marriage.

 

3.2.3        For marriage of Muslim Filipinos performed under their customs, rites and practices, it shall be registered to the Shari’a Circuit Court within 30 days after the date of marriage. In case there is no Shari’a Circuit Court, the marriage shall be registered to the LCRO of the city/municipality where the marriage celebrated.

 

3.3  Divorce, revocation of divorce and conversion to Islam of Muslim Filipinos shall be registered to the Shari’a Circuit Court where the event transpired not later than 30 days from the occurrence.

 

3.4  Dissolution of marriage and revocation of dissolution of marriages among Indigenous Cultural Communities/Indigenous People (ICCs/IPs) be registered to the LCRO of the the city/municipality where the event transpired not later than 30 days.

 

3.5  Events occurred abroad

 

3.5.1        All vital events occurring to Filipinos abroad shall be reported to the Philippine Foreign Service Establishments of the country of residence or where the vital event took place or where none or where vital event occurred.

 

3.5.2        All legal instruments executed abroad shall be registered in the Civil Registry of Manila including legal instruments which may be executed in the Philippine if the vital events occurred in a foreign country and duly registered to the Philippine Consulate. (Circular No. 96-2A, April 17, 1996).

 

Note: Events which are not registered within the period stated above are considered late or delay registration.

 

4.      Delayed Registration

Delayed registration is the registration of an event beyond the reglementary period as specified in existing laws, rules, or regulations.

 

4.1  What are the requirements for delayed registration?

 

4.1.1        For Birth:

  1. For persons below 18 years old:
  • Four copies of the Certificate of Live Birth (COLB) duly accomplished and signed by the proper parties.
  • Affidavit of Delayed Registration (at the back of the COLB) signed by the father, mother, or guardian, or the child himself, if he not understanding capacity;
  • Any two of the following documentary evidences which may show the name, date and place of birth, and the names of the parents:
    • Baptismal certificate
    • School records
    • Income tax of parent/s
    • Insurance policy
    • Medical records
    • And others, such as barangay captain’s certification
    • Affidavit of two disinterested persons who might have witnessed or have known about the birth of the child; and
    • A sworn statement of the present’s whereabouts of the mother, if the person seeking late registration of an illegitimate child is not the mother.

 

4.1.2        For persons 18 years old and above:

  • All requirements for a child who is less than 18 years old; and
  • Certificate of Marriage, if married.

 

4.2  For Death

  • Four copies of the Certificate of Death which must be accomplished correctly and completely;
  • Affidavit of Delayed Registration which shall be executed by the hospital/clinic administrator or if the person died elsewhere, by the attendant at death. The Affidavit shall state the following:
    • name of the deceased
    • facts of his death
    • date and burial of cremation
    • circumstances why death was not reported for registration within 30 days after death
  • Authenticated copy of certificate of burial, cremation or other means of corps disposal.

 

4.3  For Marriage

  • Four copies of the Certificate of Marriage which must be accomplished correctly and completely;
  • Affidavit of Delayed Registration which shall be executed by the solemnizing officer or the person reporting or presenting the Certificate of marriage, stating therein the exact place and date of marriage, the facts and circumstances surrounding the marriage and the reason or cause of the delay; and
  • A certified copy of the application for marriage license bearing the date when the marriage license was issued, whenever applicable.

 

5.      Supplemental report of birth, marriage and death

 

Supplemental report is a remedy used to supply information inadvertently omitted in the certificate during the time of registration.

The Civil Registrar shall accept only one supplement report for not more two omitted information in any registered event.

The requirements for filing a supplemental report are listed below:

  • Certified true copy of the birth/marriage/death record with the omitted entry/ies.
  • Affidavit of supplemental report of the interested party indicating the entries missed in the registration an the reasons why there was a failure in supplying the required entry;
  • Certified true copy of the birth/marriage/death with annotation “With Supplemental Report”. The omitted information shall be entered in the appropriate spaces in the birth/marriage/death certificate.
  • Certified copy of the Certificate of Marriage of the Parents of the documents owner, if document affected is a Certificate of Live Birth

 

Note: No Supplemental Report is acceptable in the “Medical Certificate” in the Certificate of Death/Certificate of Fetal Death and all applicable certifications in the Certificate of Marriage.

 

6.      Reconstruction of burned/destroyed civil registry records

Reconstruction is a process of restoring either at the OCRG or the LCRO.

Reconstruction of documents is applicable in any of these cases:

 

6.1  The documents is not available at the LCRO because it was burned/destroyed/lost but is available at the OCRG; and

 

6.2  The document is not available at the OCRG and LCRO but the owner has file copy of the registered document complete with Registry Number and required signature and verified to be authentic.

 

7.      Out-of-town reporting

Out-of-town is the registration of the civil registry documents with the assistance of any civil registrar in the (locality) or country who will forward the accomplished certificates and attachments to the concerned civil registrar of the place of an event for registration.

 

Below are the requirements for out-of-town reporting:

  • Four copies of the appropriate civil registry forms duly accomplished correctly and completely;
  • An affidavit signed by the person by the person applying for out-of-town reporting of birth, marriage or death declaring therein, among other things, the facts of birth and death and the reason why said birth; marriage or death was not recorded in the civil register of the city or municipality where it occurred. The affidavit must be attested by at least two witnesses.
  • If application is for delayed registration for birth, marriage, death, the requirements for delayed registration shall be complied with; and
  • If out-of-town reporting of birth, required also other papers as maybe necessary in establishing the facts of births and fillation of child birth sought for registration.

 

8.      Republic Act 9048

RA 9048 is an act authorizing city/municipal civil registrar or consul general to correct clerical or typographical error in the entry and or change of first name or nickname in the civil register without a need for a judicial order.

 

8.1  What corrections can be made under RA 9048?


8.1.1        Correction of in the entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person.

 

Clerical or typographical error refers to an obvious mistake committed in clerical work, either in copying, writing or transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record/s.

 

8.1.2        Change of person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process.

 

8.2   What are the conditions under RA 9048 that the petitioner needs to comply with? 

1.       The petitioner finds the first name to be ridiculous tainted with dishonor or extremely difficult to write or pronounce
2.      The new first name has been habitually and continuously used by the petitioner and he has been publicly known by that first name in the community.

 

8.3  Who may file the petition?

Petition maybe filled by any person of legal age who must have direct and personal interest in the correction of the clerical/typographical error or in the change of first name in the civil register.

A person is considered of legal age when he is 18 years old and above. Thus, a minor cannot himself file a petition, either for correction of clerical or typographical error or for change of first name.

  • Owner of the record that contains the error to be corrected or first name to be change.
  • Owner’s spouse, children, parents, brothers, sisters, grandparents, guardian or any other person duly authorized by law or by the owner of the document sought to be corrected.

 

8.4  What should be the form and content of the petition?

 

Petition should be in the form of affidavit, subscribed and sworn to before a person authorized to administer oath.

1)      Merits of the petition

2)      Competency of the petitioner

3)      Erroneous entry to be corrected and proposed correction, first name to be changed and the proposed new first name.

What supporting documents are required for correcting a clerical or typographical error in a civil registry document?

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine; otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order no. 1, S. 2001. The following supporting documents are admissible as basic requirements:

1)      Certified machine copy of the certificate containing the alleged erroneous entry/entries.

2)      Not less than two public/private documents upon which the correction shall be based. Example, baptismal certificate, school records and others.

3)      Notice and certificate of posting

4)      Certified machine copy of the official receipt of the filing fee.

5)      Other documents as may be required by the city/municipal civil registrar (C/MCR)

 

8.5  What are the supporting papers for change of first name?

1)      All documents required of the petitioner for the correction of clerical error shall also be required of the petitioner for change of first name.

2)      Clearance from authorities such as clearance from employer, if employed: the NBI, PNP and other clearances as maybe required by the concerned C/MCR.

3)      Proof of publication. An affidavit of publication from the publisher and copy of the newspaper clippings should be attached.

 

8.6  Where should petition be filed?

  • The general rule is that petition should be filed with the Local Civil Registrar Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included also is the case of the Office of the Clerk of Shari’a Court where records of divorce, conversion to Islam are kept and where some Muslim marriages are registered.
  • In case petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry records are registered. He may file petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

 

9.      Republic Act 9255

RA 9255 is an act allowing an Illegitimate Children to Use the Surname of their father. It is a law allowing illegitimate children to use the surname of their father provided that the father acknowledged the child, amending Article 176 of Executive Order no. 209 (Family Code of the Philippines.

 

This law applies to all illegitimate children born before or after the effective of RA 9255 which covers unregistered and registered births wherein illegitimate children use the surname of their mother.

 

9.1  What are the requirements in order that an illegitimate child can use the surname of his/her father?

The following are the requirements for registration:

  • A public or private document wherein the child is recognized by his father. These maybe:
    • Affidavit found at the back of the Certificate of Live Birth (COLB) or
    • A separate public document executed by the father or;
    • A private handwritten instrument made by the father expressly recognizing his child as his.
    • Affidavit to Use the Surname of the father (AUSF) – This is used in case where registration is made through a private to Use the Surname of their father or when the birth of child has already been registered under the mothers surname with/without fathers recognition.

 

For private handwritten instrument, the party is required to submit any two of the following:

  • Employment records
  • SSS/GSIS records
  • Insurance
  • Certification of Membership of any organization
  • Income Tax Return (ITR)

 

Consent of the child is necessary, if the child is 18 years old or more at the time of recognition.

 

9.2  Who may file?

  • Father
  • Mother
  • Child, if of legal age ad
  • Guardian

 

9.3  Where the file the public document or the AUSF?

  • If the child was born in the Philippines and the public document or the ASUF was executed in the Philippines, the public document or the ASUF shall be registered at the LCRO of the place where the child was born.
  • If the child was born in the Philippines, the public document or the ASUF was executed outside in the Philippines, the public document or the ASUF shall be registered at the LCRO of Manila.
  • If the child was born outside the Philippines and the public document or the ASUF shall be registered at the LCRO of Manila.

 

After registration of the public document or the ASUF, The LCRO of the place of birth shall annotate the record of birth and the appropriate entry in the registry book. For births which occurred outside the Philippines, the annotation of the record of birth shall be done by the OCRG.

 

9.4  When should the public document or the AUSF be filed?

Recognition or acknowledgement made in the public document other than the record of birth or the AUSF shall be registered within 20 days from the date of execution.

 

9.5  Can the illegitimate child whose mother is below 18 years old when the child was born use the surname of his/her father pursuant to RA 9255?

Yes, provided that the father of the child admitted paternity of the child.

 

9.6  For Registered Births, can the original surname of the child in the COLB be change or corrected after availing RA 9255?

No. no entries in the COLB shall be changed or corrected. Only annotations shall be written in the COLB indicating the surname that the child shall use.

 

9.7  For births yet to be registered, can the child automatically use the surname of his/her father?

Yes, provided that the father executes an affidavit of Admission of Paternity at the time of registration.

 

10.  MEMORANDUM CIRCULAR NO. 2004-01 – “Rules and Regulations in the Registration of Births of Children in Need of Special Protection (CNSP)”

 

Who are the children in Need of Special Protection?

Refers to all persons below 18 years old and those 18 years old and over but are unable to take care of them because of physical or mental disability or condition; who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty, discrimination and violence (armed conflict, domestic violence) and other analogous conditions prejudicial to their development.

 

CNSP include but are not limited to:

  • Sexually/physically abused children
  • Children in commercial sexual exploitation
  • Children in conflict with the law
  • Working children or victims of child labor
  • Displaced children/refugee children
  • Children directly affected by Human-Immuno-deficiency Virus (HIV)/ Sexual Transmitted Infections/ Diseases (STD/D)
  • Street Children
  • Mentally challenged children; and 
  • Abandoned children/ children without primary caregiver.

 

Who are responsible CNSP?

  • In case the finder is given custody of the child, he shall report the incident to the Punong Barangay of the place where the CNSP was found/rescued, and to the nearest Police Headquarters/authorities.
  • Any government institutions or non government organization (NGO) licensed and accredited by DSWD which is in custody of CNSP or possesses any information about the CNSP shall cause the registration of the birth.

 

Where to register and when is the reglementary period?

The Registration of CNSP shall be made in the LCRO where the child was born, if known. If the place of birth is unknown, the registration shall be made in the place where the child was found, or in the residence of the custodian.

The registration shall be made 60 days from the date of the actual custody of the child.

 

What are the requirements for the registration of CNSP?

The following requirements shall be complied with for the registration of birth of a CNSP:

  1. Certification of no birth record (Negative Certification) from the OCRG.
  2. Certification from the DSWD that the child is a CNSP indicating the following information:
    1. Name of the Child
    2. Sex of the child
    3. Date of birth
    4. Place of birth
    5. Name of at least one parent; and
    6. Citizenship of parent/s

 

For unfilled items in the Certificate of Live birth ((CLOB) the word “Unknown” is acceptable.

The approximate date of birth of the child may be certified by medical/dental practitioners as proof of age.

In case of multiple registrations, what registration will prevail?

The first registration shall prevail. Appropriate annotation shall be indicated by the LCR in the Remarks portion of the Municipal Form 102 stating that the child was “PREVIOUSLY REGISTERED ON (date / place)” with a corresponding registration number.


11.  ADMINISTRATIVE ORDER NO. 3, SERIES OF 2004 – “Rules and Regulations Governing Registration of Acts and Events Concerning Civil Status of Indigenous Peoples”.

What is the Administrative Order No. 3, Series of 2004?

 

Administrative Order No. 3 governs the procedures and guidelines for the effective and efficient civil registration of births, marriages, dissolution of marriages, revocation of dissolution of marriages and deaths of indigenous peoples including legal instruments concerning civil status of ICCs/IPs.

Who are the indigenous cultural communities/indigenous peoples (ICCs/IPs)

Group of people or homogenous societies identified by self-ascription an as ascription by others, who have

  • Continuously lived as organized community on communally bounded and defined territory, and
  • Under claims of ownership since time immemorial, occupied. Possessed and utilized such territories, sharing common bonds of language and customs, traditions and other distinctive cultural traits, or
  • Through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the =majority of Filipinos.

ICCs/IPs likewise include peoples who are regarded as indigenous on account of their descent from the populations, which inhabited in the country, at the time of consequent or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural political institutions, but who may have been displaced from their traditional domains or who may have been resettled outside their ancestral domains.

What are the registrable acts and events for ICCs/IPs?

  • Birth
  • Death
  • Marriage
  • Dissolution of Marriage
  • Revocation of Dissolution of Marriage
  • Court decrees/orders and legal instruments insofar as applicable for ICCs/IPs.

 

What are the requirements for registration of birth?

If person is below 18 years old:

  • Four (4) copies of the COLB with Attachment IP Form 1 duly accomplished and signed by the proper parties. The name of the child may be:
    • One name/indigenous/tribal name
    • First name, middle name and last name not following filial relationship
    • First name, middle name and last name according to filial relationship
    • Other names.

 

If delayed registration:

  • Accomplished affidavit for delayed registration at the back of the COLB by the father, mother or guardian.
  • Any two of the following documentary evidences which may show the name, date and place of birth, and the names of the mother (and the name of the father if acknowledge)
    • Baptismal certificate
    • School records
    • Income tax of parent/s
    • Insurance policy
    • Medical records
    • And others, such as barangay captain’s certification
  • Affidavit of two disinterested persons who might have witnessed or have known about the birth of the child

 

If person is eighteen (18) years old and above:

  • All requirements for a child who is less than 18 years old; and
  • Certificate of Marriage, if married.

 

What are the requirements for registration of death?

  • Four (4) copies of the Certificate of Death with Attachment IP Form 2 duly accomplished and signed by the proper parties;

 

If delayed registration:

  • Affidavit of Delayed Registration which shall be executed in hospital/clinic administrator or if the person died in hospital, clinic and similar institution or if a person died elsewhere, by the attendant at death. The Affidavit shall state the following:
    • name of the deceased
    • facts of his death
    • date and place of  burial /cremation
    • cause of not reporting the event within 30 days
  • Approval for registration by the health officer in the box provided in the Certificate of Death.

 

What are the requirements for the registration of marriage?

  • Four (4) copies of the Certificate of Marriage with Attachment IP Form 3 duly accomplished and signed by the proper parties;

 

If delayed registration:

  • The testimony of authorized community elders, solemnizing officers or authorizes of traditional socio-political structures stating the facts and circumstances of marriage.

 

What are the requirements for registration of dissolution of marriage?

  • Five (5) copies of the Certificate of dissolution with Attachment IP Form 3 duly accomplished and signed by the proper parties;
  • Certification from NCIP Provincial Office (of the area where the marriage was celebrated) stating that the parties are members of a particular ICC/IP and that the marriage dissolution was made in accordance with customary law and practice.

 

B.      Issuance of Certifications

 

1.      What are the fees to be collected by the Office of the Civil Registrar General?

 

Request Type

Fees

Issuance of certified true copies

and authentication:

 

  1. Converted

 

  • Birth
  • Marriage
  • Death

 

  1. Unconverted and requested within Metro Manila

 

  1. Unconverted and requested outside Metro Manila

 

  1. Court decrees/ Legal Instruments (CDLI), RA 9048, RA 9255 and supplemental reports

 

  •  

 

 

 

 

 

  • Php 140.00 per copy

 

  • Php 140.00 per copy

 

  • Php 140.00 per copy

 

  • Php 140.00 per copy

Certificate of No Marriage

(CENOMAR)

  • Php 195.00 per copy

On-line request received from e-census

  • Refer to

http://www.ecensus.com.ph

Registration of authority to solemnize marriage of solemnizing officers (SOs):               

 

  1. For new/renewal applications

 

  1. For each certified transcript from the Registrar of SO’s

 

  1. For each duplicate or subsequent copy of the certificate of registration of authority to solemnize marriage

 

  1. For each certification issued pertaining to  SOs

 

Request Type

                

 

  • Php 500.00

 

  • Php 100.00

 

  • Php 100.00

 

  • Php 100.00

 

Fees

Accreditation of Travel Agencies
  • Php 250.00
Issuance if Identification Card to liaison officers of travel Agencies
  • Php 250.00
Reconstructions of civil registry documents
  • Php 2.00 per copy

In compliance with sections 173 and 188 of the tax Code and Revenue Memorandum Order No. 13-2008 dated March 13, 2008, effective May 1, 2008, the NSO collects Php 15.00 documentary stamp tax on all requests for issuance of certifications/authentications.

 

2.      What are the application Forms used in applying civil registry documents?

 

2.1  Application for copy issuance of  birth

 

2.2  Application for copy issuance of marriage

 

2.3  Application for copy issuance of death

 

2.4  Application for CENOMAR

 

3.       What are the information to be provided in the application forms?

 

The requester shall provide the vital information to facilitate verification and issuance of certification.

 

3.1  Birth

  • Complete name of the child (first, middle, last)
  • Complete name of the of the father
  • Complete maiden name of the mother
  • Date of birth (month, day, year)
  • Place of birth (city/municipality, province)
  • Whether or not registered late. If registered late, please state the date when it was registered.’
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

NOTE: Issuance of Certification of Birth is subject to confidentiality clause of Article 7 of the Child and Youth Welfare Code which provides:

 

Article 7. Non-disclosure of birth recordThe records of a person’s birth shall be kept strictly confidential and no information relating thereto shall be issued except on the request of any of the following:

  1. The person himself, or any person authorized by him;
  2. His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in charge of him, if he is a minor.
  3. The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth; and
  4. In case of the persons death, the nearest kin.

 

3.2  Death

  • Complete name of the deceased person
  • Date of birth
  • Place of birth
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

3.3  Marriage 

  • Complete name of the husband
  • Complete name of the wife
  • Date of birth
  • Place of birth
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

3.4  Adoption

3.4.1 Information about the child prior to adoption

  • Complete name of the child
  • Complete name of the father
  • Complete maiden name of the mother
  • Date of birth
  • Place of birth

 

3.4.2 Information after the adoption:

  • Amended name of the child
  • Complete name of the adopting father, his occupation, religion and age at the time of adoption
  • Complete name of the adopting mother, his occupation, religion and age at the time of adoption
  • Date when adoption decree was issued
  • Date when adoption decree became final and executor
  • Name of the court and the judge that issued the decree
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

NOTE: The issuance of certification of adoption is subject to the confidentiality clause of Section 15 of RA 8552 which provides:

 

            “Section 15.  Confidential Nature of Proceedings and Records:

            All hearings in adoption cases shall be confidential and shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of the court, the DSWD or any other agency or institution participating in the adoption proceeding shall kept strictly confidential. If the courts finds that the disclosure of the information to a third person is necessary for purpose connected with or arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary information to be released, restricting the purposes for which it may be caused”.

3.5  Legitimation

  • Complete name of the child
  • Complete name of the father
  • Complete name of the mother
  • Date of birth
  • Place of birth
  • Date of marriage of parents
  • Place  of marriage of parents
  • Date when the affidavit of Legitimation was executed
  • Date when the affidavit of Legitimation was registered
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

3.6  Dissolution of Marriage

  • Complete name of the husband
  • Complete name of the wife
  • Date of marriage of parents
  • Place  of marriage of parents
  • Name of the court and the judge that issued the decree dissolving the marriage or declaring the marriage void
  • Address of the court
  • Date when the decision was issued
  • Date when the decision became final and executory
  • Date when the decision was recorded in the civil registrar
  • Complete name and address of the requesting party
  • Purpose of the Certification

 

3.7  Certificate of No Marriage

  • Complete name of the person
  • Complete name of the father
  • Complete maiden name of the mother
  • Date of birth
  • Place of birth
  • Complete name and address of the requesting party
  • Number of copies needed
  • Purpose of the Certification

 

4.      Where to file applications of birth. Marriage, death and CENOMAR?

4.1  At Census Serbilis Centers (CSCs)

  • Requester accomplished application form (AF) and proceeds to the Screener for AF data/information check.
  • Requester submits AF and pays corresponding amount in the Collecting Officer (CO). CO generates Official Receipts (OR) then instructs requester to proceed to releasing area on a specific date and time of release of his/her request/s;
  • NSO processes the request
  • Upon the notification of the Releasing Clerk, requester present OR and claims the result.

 

4.2  Through the NSO Helpline-Plus

  • Requester calls NSO Helpline 737-111, gives vital information to Teleserv Customer Care Officer. The officer provides the reference Number
  • The requester pays corresponding amount in Metrobank
  • NSO processes the request
  • Requester receives the result of his/her application via courier.

 

4.3 Through the e-Census

  • Requester logs on to www.ecensus.com.ph, accomplishes the on-line application form then prints or takes note of the Reference Number.
  • The requester pays corresponding amount Union Bank, or through the credit cards issued in the US or Canada and Europe (Visa, MasterCard, American Express and Discover card)
  • NSO processes the request
  • Requester receives the result of his/her application via courier.

 

4.3  Through Batch Request Query System (BREQS) Centers

  • Requester accomplished application form (AF) and proceeds to the Screener for AF data/information check.
  • Requester submits AF and pays corresponding amount in the Collecting Officer (CO). CO generates Official Receipts (OR) then instructs requester to proceed to releasing area on a specific date and time of release of his/her request/s;
  • NSO processes the request and forward the results to the BREQS  Center
  • Request presents OR and claims the result in the BREQS

 

5.      What are the application procedure per type of request:

5.1  For court decrees/legal instruments (CDLI) requests:

 

5.1.1        The applicant fills up Application Form (AF) and submits the AF together with the attachments to the screener.

 

For Legitimation the required attachments are the following (Certified true copy or original copies)

  1. Affidavit/deed of paternity/acknowledgement
  2. Joint Affidavit of Legitimation
  3. Certificate of registration of Affidavit of Legitimation
  4. Certified copy/machine/true copy of birth certificate with the appropriate annotation.

 

For Adoption, the required attachments are the following (CTC or original copies)

  1. Court decree of adoption
  2. Certificate of finality
  3. Certificate of registration
  4. Amended birth certificate

 

For Annulment of marriage, the required attachments are the following (CTC or original copies)

  1. Court decree of annulment
  2. Certificate of finality
  3. Certificate of registration
  4. Birth certificate

 

For Correction of Entry/Change of Name/cancellation of Entry, the required attachments are the following (CTC or original copies)

  1. Court decree of correction of entry/ Change of Name/cancellation of Entry
  2. Certificate of finality
  3. Certificate of registration
  4. Birth/Marriage/death certificate

 

For Acknowledgement of Paternity, the required attachments are the following (CTC or original copies):

  1. Affidavit/deed of paternity/acknowledgement
  2. Certificate of registration of Affidavit/ deed of acknowledgement
  3. Birth certificate

 

5.1.2        The applicants pay for the request in the amount P140.00 per copy at the cashier. The cashier issued the OR to the applicant with the date and venue of the release written on the OR.

5.1.3        Upon presenting OR by the applicant, the releasing clerk issued the certification

 

FOR RA 9048/SUPPLEMENTAL

This procedure follows after a petition for correction of clerical error or change of first name was approved by the City/Municipality Civil Registrar (C/MCR) concerned, affirmed by the Office of the Civil Registrar General (OCRG), and a Certificate of Finality was issued by the C/MCR.

  1.  The applicant fills up the application form AF) for the certificate being requested. The details in the AF should be the original uncorrected entry/ies.
  2. The applicants submit the AF. Along with the attachments, to the screener.
  3. The screener checks for the completeness of the AF and the attachments.

 

The attachments required for the RA 9048 application to be accepted are certified true copies of the:

  • Approved petition (i.e. approve  by the C/MCR and affirmed by the OCRG)
  • Certificate of Finality issued by the concerned C/MCR
  • Annotated certificate; and
  • Un-annotated certificate (which will serve as endorsement in  case negative certification)

 

The attachments required for the Supplemental request to be accepted are certified true copies of the:

  • Transmittal letter from the LCR’s
  • Annotated certificate; and
  • Un-annotated certificate (which will serve as endorsement in  case negative certification)

 

4)      The applicant pays for the request at the cashier. Filing fee is P140.00 per. The cashier issued the OR to the applicant with the date and venue of the release written on the OR. The release date is 10-15 working days from the date of application.

 

5)      Upon presenting OR by the applicant, the releasing clerk issued the certification

 

FOR RA 9255

 

  1. The applicant fills up the application form AF) for the certificate being requested. The details in the AF should be the original uncorrected entry/ies.
  2. The applicants submit the AF. Along with the attachments, to the screener.
  3. The screener checks for the completeness of the AF and the attachments.
    • Certified copy of the original COLB (no annotation)
    • Copy of the annotated document
    • Certified copy of the public document and AUSF or private handwritten instruments and AUSF, together with the supporting documents and consent of the child, if above 18 years old.

The applicant pays for the request at the cashier. Filing fee is P140.00 per. The cashier issued the OR to the applicant with the date and venue of the release written on the OR. The release date is 10-15 working days from the date of application.

  1. Upon presenting OR by the applicant, the releasing clerk issued the certification

 

V. PROCESSING PERIOD

 

            Below is the schedule of release of requested documents:

 Converted documents   within the day or the following working day
   
Unconverted documents:  
RA 9048/CDLI  10-15 days
Endorsement/piecemeal    10-15 days
Certificate of no Marriage (CENOMAR)   5-10 days

 

For requests made through conventional postal service system, these are process upon receipt of payment. Since delivery of the documents is by conventional mail, the documents may reach the receipts several days after the processing period.

 

For request made on-line through the e-census, log on to www.ecensus.com.ph for the details

 

For applications filed through Helpline (737-111), these are process upon receipt of payment. Delivery of documents is through courier.

 

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2010

 

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9858 (An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as Amended)

 

Rule 1. Coverage

            These rules shall apply to all children conceived and born outside of marriage of parents who, at the time of conception of the child, were nit disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below 18 years of age.

 

Rule 2. Definition of Terms

            As used in these rules, the following terms shall mean:

2.1  Legitimation – is a process where a child born out of wedlock is considered legitimate by fiction of law due to the subsequent valid marriage of his/her parents.

2.2  Minor parent – a person under 18 years old who has a child.

2.3  Legal impediment – refers to all causes and circumstances that may render the marriage void under the family Code of the Philippines such as:

  1. Prior existing marriage;
  2. Those contracted by any party below 18 years of age even with consent of parents or guardians;
  3. Those solemnized by any person not legally authorized to perform marriage unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
  4. Those solemnized without a license, bigamous or polygamous marriages not falling under Article 41;
  5. Those contracted through mistake of one contracting party as to the identity of the other; and
  6. Those subsequent marriages that are void under Article 53

 

Rules 3. Requisites for Legitimation

            Before a child may be legitimate, the following shall be established:

3.1  The parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s;

 

3.2  The child is conceived and born outside a valid marriage.

 

3.3  The parents subsequently enter into a valid marriage.

 

Rule 4. Affidavit of Legitimation

 

4.1  Who shall execute

 

4.1.1        Both parents shall execute a Joint Affidavit of Legitimation; and

 

4.1.2        The surviving parent in case one of the parents dies or is presumed dead, shall execute an Affidavit of Legitimation;

 

In case where both parents died without executing any Affidavit of Legitimation, the child, if of age, may file a petition for Legitimation in court. If a child is a minor, the judicially appointed guardian or by person authorized by law to exercise substitute parental authority under Article 216 of the Family Code of the Philippines may file the petition in court.

 

4.2  Contents of the affidavit of Legitimation

 

The Affidavit of Legitimation shall contain the following:

 

4.2.1        the names of the parents and place of residence;

 

4.2.2        the date and place when such marriage was solemnized;

 

4.2.3        the name of the officer who officiated the marriage;

 

4.2.4        the name of the child to be legitimated;

 

4.2.5        the date and place where the child was born;

 

4.2.6        a statement that at the time when the child was conceived, the aforesaid parents were not disqualified by any impediment to marry each other except age, and that they subsequently entered into a valid marriage; and

 

4.2.7        a statement that by virtue of the subsequently marriage, the said child is now legitimated.

 

Rule 5. Registration Procedures

 

5.1  Who shall Register

 

The following shall register the affidavit of Legitimation:

 

5.1.1        The father and /or mother of the child to be legitimated; or

 

5.1.2        The child if of legal age; or

 

5.1.3        Any person authorized by the above or by law as provided by Article 216 of the Family Code.

 

5.2  What to register

 

The Affidavit of Legitimation shall be registered. It shall be supported by the following documents:

  1. Certified True Copy (CTC) of the Certificate of Live Birth of the Child;
  2. CTC of the Certificate of Marriage of parents;
  3. Death certificate of the deceased parent/s in case of death of either parent; and
  4. Court order of the presumptive death, n case one of the parents is presumed dead.

 

5.3  When to Register

The Affidavit of Legitimation shall be registered within 30 days from the date of execution.

 

5.4  Where to Register

 

5.4.1        The Affidavit of Legitimation executed within the Philippines shall be registered at the LCRO where the child was born, if the birth occurred in the Philippines.

 

5.4.2        The Affidavit of Legitimation executed within the Philippines shall be registered at the City Civil registrar CCR of Manila, if the birth occurred outside the Philippines.

 

5.4.3        The Affidavit of Legitimation executed outside the Philippines, whether the birth occurred within or outside the Philippines, shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents resides. The CCR of Manila shall register the authenticated Affidavit of Legitimation.

 

Rule 6. Effects of Legitimation

 

6.1       The Effects of Legitimation shall retroact at the time of the birth of the child. The child shall enjoy the same rights as legitimate children. (Article 174 of the Family Code of the Philippines).

 

6.2       The annulment of a voidable marriage shall affect the Legitimation. (Article 178 of the Family Code of the Philippines).

 

6.3       The Certification of Live Birth (COLB) and Register of Births shall be annotated as follows:

 

6.3.1    If the birth was registered using the surname of the father:

 

            “Legitimated by the subsequent marriage of parents <Name of Father> and <Name of Mother> on <date of Marriage> at <Place of Marriage> under registry number (Registry Number of the Affidavit of Legitimation>”.

 

6.3.2    If the birth was registered using the surname of the mother:

 

            “Legitimated by the subsequent marriage of parents <Name of Father> and <Name of Mother> on <date of Marriage> at <Place of Marriage> under registry number (Registry Number of the Affidavit of Legitimation>. The child be known as <Name of the child by virtue of the Legitimation>”.

 

Rule 7. Issuance of Certified Copy of Certificate of Live Birth (COLB) and Certified Transcription from the Register of Births (LCR Form 1A)

 

7.1       No entry in the original copy of the COLB shall be changed when a certified true copy is issued. It shall only bear the annotation as provided under Rule 6.3.

 

7.2      The Certified Transcription (LCR Form 1A) from the Register of Births issued shall bear the following effects:

  1. The last name of the child shall be changes to the surname of the father;
  2. The middle name of the child shall be the maiden name  surname of the mother;
  3. The name of the father and other relevant information, if not indicate in the COLB shall be entered
  4. The entry on the date and place of marriage shall be entered

 

The annotation “Legitimated by the subsequent marriage of parents under registry number (Registry Number of the Affidavit of Legitimation>” shall appear on the Remarks space.

 

Rule 8. Processing of Documents at the Local Civil registry Office (LRCO)

 

8.1       For births occurring in the Philippines and the Affidavit of Legitimation executed in the Philippines

 

8.1.1    The City/ Municipal Civil registrar (C/MCR) shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency.

 

8.1.2    The City/ Municipal Civil registrar (C/MCR) shall register the Affidavit of Legitimation in the Registry of legal instruments;

 

8.1.3    The City/ Municipal Civil registrar (C/MCR) shall annotate the COLB and the Register of Births

 

8.1.4    The City/ Municipal Civil registrar (C/MCR) shall issue a certified copy of COLB or certified transcription (LCR Form A1) with annotations and/or Affidavit of Legitimation upon request of authorized persons (Section 7, Presidential Decree 603);

 

8.1.5    The C/MCR shall send to OCRG certified copy of the following:

  1. Annotated COLB;
  2. COLB without annotation, if available;
  3. Affidavit of Legitimation;
  4. Certificate of Registration of the Affidavit of Legitimation
  5. Certificate  of marriage; and
  6. Other supporting documents as applicable such as certificate of Death, Divorce, Declaration of Nullity, etc.

 

8.2 For Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines

 

8.2.1    The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate or Embassy which has jurisdiction over the place where one or both of the parents reside.

 

8.2.2    The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents fir authenticity, completeness and consistency;

 

8.2.3    The CCR of Manila shall register the authenticated Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

 

8.2.4    The CCR of Manila shall forward a copy of the Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2. to the C/MCR where the birth was registered.

 

8.2.5    The CCR of Manila where the birth was registered shall issue a certified copy of COLB and the Register of Births;

 

8.2.6    The CCR of Manila where the birth was registered shall issue a certified copy of COLB or certified transcription (LCR Form A1) with annotations and/or Affidavit of Legitimation upon request of authorized persons (Section 7, Presidential Decree 603);

 

8.2.7    The CCR of Manila where the birth was registered shall send to ORCG certified true copy of the following:

  1. Annotated COLB;
  2. COLB without annotation, if available;
  3. Affidavit of Legitimation;
  4. Certificate of Registration of the Affidavit of Legitimation
  5. Certificate  of marriage; and
  6. Other supporting documents as applicable such as certificate of Death, Divorce, Declaration of Nullity, etc.

 

8.3       For Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines

 

8.3.1    The CCR of Manila shall register the authenticated Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

 

8.3.2    The CCR of Manila shall forward a copy of the Affidavit of Legitimation together with the supporting documents to the ORCG.

 

8.4       For Births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines

 

 

 

8.4.1 The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate or Embassy which has jurisdiction over the place where one or both of the parents reside.

 

8.4.2    The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents fir authenticity, completeness and consistency;

 

8.4.3    The CCR of Manila shall register the authenticated Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

 

8.4.4    The CCR of Manila shall forward a copy of the Affidavit of Legitimation together with the supporting documents to the ORCG.

 

Rule 9. Processing of Documents at the ORCG

 

 

 

9.1       The ORCG shall examine the Annotated COLB, Affidavit of Legitimation and the supporting documents fir authenticity, completeness and consistency;

 

9.2       The ORCG shall annotate Report of Births following Rule 6.3;

 

9.3       The ORCG shall file the documents submitted by the C/MCR in its achieves; and

 

9.4       The ORCG shall issue a certified true copy of the annotated COLB and/or Affidavit of Legitimation upon request of authorized persons(Section 7, Presidential Decree 603);

 

Rule 10.  Retroactivity Clause

 

            These rules shall have retroactive effect for all births occurring within and outside the Philippines after the affectivity of the family code.

 

Rule 11.  Separability Clause

 

            If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the remaining portion thereof shall not be affected b y such declaration.

 

Rule 12.  Repealing Clause

 

All circulars, memoranda, Rules and Regulation or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly.