Frequently Asked Questions
CERTIFICATE OF LIVE BIRTH
A birth record is a source of vital information and provides legal proof of the identity of an individual. By means of his birth certificate, he can prove the facts of his birth as regards his parentage, which allows him to trace his ancestry, establish his identity and claim dependency. The date of birth shown in his birth certificate establishes his age and his rights to privileges accruing by virtue of meeting the required age qualifications such as the privilege to enter school, to vote, to enter the civil service, to contract marriage, to qualify for professional licenses, to drive motor vehicles, to carry firearms, to claim pension benefits and so on. Place of birth, on the other hand, establishes one's citizenship for obtaining passport, provide basis for immigration and naturalization claims, allows one to obtain exemptions from alien restrictions or, if an alien, allows him to obtain exemptions from tax or military service in the country.
CERTIFICATE OF DEATH
The death certificate is a pre-requisite for burial in the Philippines. Apart from this, it provides legal evidence in claims of inheritance, pensions, insurance benefits and settlement of a deceased person's estate. It also exempts the heirs from specific types of taxes at a certain date and establishes a widowed person's right to a second or subsequent marriage.
The marriage record is useful to prove the fact of the occurrence of marriage and thus establish legal responsibilities of married couple. It is also used as basis for claims of insurance benefits, pension and military allowances. It proves parentage and is used to confer a child's legitimacy and his rights to inheritance. It is also used for obtaining passports, for immigration, tax deductions, provision of certain types of government facilities and services that are allocated only to married couples. For a foreigner, it is the basis of an application for citizenship, a privilege that goes with certain types of marriages.
Registration of an event involves an informant, a prescribed certificate or form to declare the facts and circumstances surrounding its occurrence, a place of registration, a registrar and a register. The document is said to be registered, once it is entered in the registry and a register number has been assigned by the LCR.
Registration must be done promptly within the reglementary period and in accordance with the requisites specified by existing laws. Any declaration of vital event filed or presented for registration beyond the reglementary period shall be deemed delayed.
PLACE AND PERIOD FOR REGISTRATION
REQUISITES FOR REGISTRATION
1. Birth Registration
It may occur in a hospital, clinic, at home or in a vehicle on a trip. The hospital/clinic administrator is responsible for the registration of births occurring in the hospital or clinic while physicians, nurses, midwives and hilots are responsible for births they have attended outside hospitals and clinics. For unattended births, the parent(s) or any knowledgeable person has the responsibility to have these births registered.
Reports of birth shall be made in Mun. Form No. 102, or the Certificate of Live Birth. The Affidavit of Acknowledgement at the back of the form shall be executed by the parents or by the mother alone (if the father refuses) only if the child is born out of lawful wedlock. In the latter case, the child shall bear the family name of the mother and the certificate shall contain no information leading to the identity of the father.
Only children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other may be legitimated.
Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.
Legitimated children shall enjoy the same rights as legitimate children.
The effects of legitimation shall retroact to the time of the child's birth.
The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
A supplemental report of birth may be filed even after the birth certificate has been registered to supply the necessary information that have previously been omitted. The supplemental report shall be made by filling out the missing information in MF No. 102 and by attaching an affidavit stating the information to be supplied. The supplemental information shall be added to the original entries in the birth register.
An exposed or abandoned child shall be registered as a foundling and the Certificate of Foundling shall be duly accomplished stating the facts and circumstances surrounding the finding of the child and sworn to before the LCR by the person registering the child.
2. Death Registration
No human body shall be buried without a certificate of death issued by the Local Health Officer or the attending physician as the case may be. It shall be the responsibility of the physician who attended the death to prepare the Certificate of Death and to certify as to cause of death. It shall then be forwarded within 48 hours to the Local Health Officer who shall examine the documents for completeness of entry, affix his signature at the lower right hand corner of the certificate and direct its registration at the Office of the Local Civil Registrar of the place of death.
If the deceased was not attended by any medical personnel, it shall be the duty of the nearest relative or the person who has knowledge of the death to report the same within 48 hours to the Local Health Officer or his authorized representative, who shall examine the deceased, prepare the Certificate of Death and certify as to cause of death and direct its registration at the LCR.
Any fetus which dies prior to its complete expulsion from the mother's womb shall be registered as fetal death.
The Local Health Officer shall have the authority to issue the necessary burial or transfer permit of the deceased.
3. Marriage Registration
Marriages cannot be solemnized without meeting the following requisites: a) legal capacity of the contracting parties; b) their consent, freely given; c) authority of the person performing the marriage; d) a marriage license, except in a marriage of exceptional character; and e) a certificate of legal capacity issued by their diplomatic or consulate officials when either or both of the contracting parties are citizen of a foreign country.
The LCR shall post a notice of the application for marriage license for 10 consecutive days at the office notice board. The license shall be issued after the completion of the publication, unless the LCR receives information of any alleged impediment to the marriage. IF any impediment to the marriage is reported, the LCR shall investigate the persons involved under oath. If he is convinced that there is an impediment to the marriage, he shall withhold the marriage license, unless otherwise ordered by a competent court.
The license, once issued shall be valid in any part of the Philippines for 120 days from the date of issue.
4. Delayed Registration
All vital events reported for registration after the reglementary period shall be deemed delayed and must undergo delayed registration procedures. In general, the following requirements have to be complied with: a) duly accomplished pertinent documents or certificates, and b) affidavit executed by the party stating the facts and circumstances surrounding the occurrence of the event and the reason or cause of the delay.
REPUBLIC ACT 9048
Republic Act No. 9048 was a consolidation of House Bill No. 9797 and Senate Bill No. 2159. It was approved by President G.M. Arroyo on 22 March 2001.
R.A. No. 9048 amends Articles 376 and 412 of the Civil Code of the Philippines. Article 376 prohibits the changing of name or surname of a person without a judicial authority, while Article 412 prohibits any correction or change of entry in a civil register without a judicial order. The amendatory provision of RA 9048 is Section I, which provides:
Section 1. Authority to correct clerical or typographical error and change of first name or nickname. - No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.
The clerical error or typographical errors which are covered under RA No. 9048 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 are harmless and innocuous, which are visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records. Those errors that involve the change of nationality, age, status or sex of the petitioner are excluded from the coverage of the new law. Thus, any petition to correct error that would subsequently change the nationality, age, status or sex of a person shall be filed with the proper court, and not with any LCRO.
With regard to the change of first name, RA 9048 provides the following grounds: (1) The petitioner finds the first name or nickname ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (1) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or, (3) The change will avoid confusion. Any of these grounds, if supported with convincing proof, will be sufficient basis of changing the first name.
SUPPORTING PAPERS FOR CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERROR
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 requirement.
1. Certified machine copy of the certificate containing the alleged erroneous entry or entries.
2. Not less than 2 public or private documents upon which the correction shall be based
Section 5(2) of RA 9048 and Rule 8.1.2. of AO No. 1, s. 2001 require the submission of at least 2 public or private documents showing the correct entry or entries upon which the correction or change shall be based. This is a minimum number, hence, the petitioner can submit as many public or private documents to support his petition. Examples of these documents are the following:
2.1 Baptismal Certificate
3. Notice or certification of posting
Posting of the petition is required under Section 5 of RA No. 9048 and Rule 9 of AO No. 1, s. 2001.
At the time of submitting the petition to the C/MCR, this supporting document is not available yet. It will become available ten (10) days after the acceptance of the petition by the C/MCR. The petitioner need not worry about this supporting document as it will be attached to the petition by the concerned C/MCR after the lapse of the ten-day posting period.
4. Other documents
Depending on the nature of the clerical error to be corrected, the petitioner may submit other relevant documents to the C/MCR to further ensure the approval of his petition. On the other hand, the C/MCR may also require other documents in addition to what had already been submitted by the petitioner.
SUPPORTING PAPERS FOR CHANGE OF FIRST NAME
No petition for change of first name shall be accepted unless the petitioner submits the following required supporting papers.
1. All documents, which are required to be submitted by the petitioner for the correction of clerical error, shall be submitted also by the petitioner for change of first name.
2. Clearance from authorities
Therefore, a petitioner fro change of first name shall be required to submit clearances from the following authorities:
2.1 Employer, if employed, if not, affidavit of non-employment
In a case where the petition is filed on behalf of another person, the clearances to be submitted shall not be for the petitioner but for the person being represented by the petitioner. If the person represented is a minor aged less than 15, such clearances shall be complied with only if required by the C/MCR.
3. Proof of publication
The petition for change of first name is required to be published in a newspaper of general circulation at least once a week for two (2) consecutive weeks. Failure to publish the petition could mean denial or disapproval of the petition. As proofs of the publication, the petitioner is required to submit the following:
3.1 Affidavit of publication from the publisher
The C/MCR and the D/CR are authorized to collect from every petitioner the following rates of filing fees:
1. One thousand pesos (P1, 000.00) for the correction of clerical error
The amount of filing fee is uniform for all LCROs and Shari'a Courts. The reason for this is for one C/MCR to know how much will be collect for the other C/MCR in the case of a migrant petitioner. If the fee is not uniform, the PRCR may not be able to know how much he will collect for the RKCR.
REQUISITES FOR APPLICATION FOR A MARRIAGE LICENSE
For applicants 18 years of age but below 21 yrs:
4. Family planning and Responsible Parenthood Seminar from Baguio Health Dept.
For applicants 21 years of age but below twenty five years old:
1. Proof of age (birth cert., baptismal cert., voter's affidavit)
4. Family planning and Responsible Parenthood Seminar from Baguio Health Dept.
For applicants 25 years of age and above
1. Proof of age (birth cert., baptismal cert., voter's affidavit)
If the applicant is a FOREIGNER, Legal Capacity to contract marriage from their embassy in the Philippines is required.
If the applicant is a WIDOW/WIDOWER, the death certificate of the deceased spouse is required.
REQUISITES FOR LEGAL INSTRUMENTS
1. LEGITIMATION BY SUBSEQUENT MARRIAGE OF PARENTS
1.1 Affidavit of Legitimation
2. ADOPTION/CORRECTION OF ENTRIES
2.1 Court Order or Decision
3. ELECTION OF PHILIPPINE CITIZENSHIP
3.1 Affidavit to Elect Philippine Citizenship
4.1 Sworn declaration of the finder duly notarized by a Notary Public
5.1 Affidavit of Acknowledgement
1. Certified true copy of civil registry documents per page
2. Certification of civil registry documents per page - P20.00
3. Late Registration
4. Marriage application fee - P100.00
5. UP Law Center Fund - P20.00
6. Registration of Legal Instruments - P100.00 each
6. Registration of Court Decrees/decisions - P200.00 each
OFFICE OF THE CITY CIVIL REGISTRAR
2ND Floor BHD Bldg., T. Alonzo St.,
Baguio City, Philippines