The City Civil Registrar’s Office is now located at the MASA Office at the 2nd Floor of the Tacloban City Market.
Contact Number : +63 (53) 3252100
Email Address : firstname.lastname@example.org
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AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE, ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”
Republic Act No. 9255 was signed by President Gloria Macapagal Arroyo on 24 February 2004 and took effect on 19 March 2004, fifteen days after its publication in The Manila Times and Malaya on 04 March 2004. This law is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 of the Twelfth Congress of the Philippines.
The law applies to illegitimate children whose births are either not yet registered or were previously registered under the surname of the mother whether born before or after the effectivity of R.A. No. 9255.
For the effective implementation of this new law, the Office of the Civil Registrar General promulgated Administrative Order No. 1 Series of 2004 on 14 May 2004. The Order contains the rules and regulations governing the implementation of R.A. No. 9255. It was published in The Manila Times, a newspaper of general circulation on 18 May 2004 and took effect on 02 June 2004, fifteen days after its publication.
The father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.
a. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.
b. The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.
c. The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.
The following shall be filed at the LCRO:
1. Certificate of Live Birth with accomplished Affidavit of Acknowledgment/ Admission of Paternity at the back.
2. Public Document.
3. AUSF including all supporting documents.
The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.
A.1. The illegitimate child shall use the surname of the father if a public document is executed by the father either at the back of the Certificate of Live Birth or in a separated document.
A.2. If admission of paternity is made through a private handwritten instrument, the child shall use the surname of the father, provided the registration is supported by the following documents:
2. Consent of the child, if 18 years old and over at the time of the filling of the document.
3. Any two (2) of the following documents showing clearly the paternity between the father and the child:
– Employment Records
– SSS/GSIS records
– Certification of membership in any organization
– Statement of Assets and Liability
– Income Tax Return (ITR)
B.1. If filling has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.
B.2. If filling has not been expressly recognized by the father, the child shall use the surname of the father upon submission of a public document or a private handwritten instrument supported by the documents listed in A.2.
Except in item B.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duty notarized.
In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certified of Live Birth or on the certified transcription (LCR Form 1A) from the Register of Births.
1. Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stored in the affidavit and the documents presented.
2. Accepts for registration the following documents:
a. Certification of Live Birth
b. Public document
3. Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and AUSF in the Register of Legal Instruments.
4. Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.
5. Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations.
6. Distributes the annotated Certificate of Live Birth, registered public document of AUSF including only supporting document as follows:
a. First copy to owner of the document;
b. Second copy to the OCRG;
c. Third copy to the LCRO.
An act authorizing the City or Municipal Civil Registrar or the Consul General to correct a 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, amending for this purpose Articles 376 and 412 of the Civil Code of the Philippines.
– RA 9048, a consolidation of House Bill No. 9797 and Senate Bill No. 2159, was signed into law by President Gloria Macapagal-Arroyo on March 22, 2001. The implementing rules and Regulations (IRR) of RA 9048 was signed by the Civil Registrar General (CRG) on July 24, 2010.
– The new law amended Articles 376 and 412 of the Civil Code of the Philippines. Article 376 prohibits the changing of the 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.
– With the new law, a clerical or typographical error can be corrected, and a first name can be changed by merely filing a petition with the city/municipal civil registrar. Filipino citizens, or former Filipinos who are now domiciled abroad can also file a similar petition with the Philippine Consulate General.
AUTHORITY TO CORRECT CLERICAL
CLERICAL OR TYPOGRAPHICAL ERROR
CHANGE OF FIRST NAME OR NICKNAME
WHO MAY FILE
WHERE TO FILE
SUPPORTING PAPERS FIR THE CORRECTION OF CLERICAL ERROR
SUPPORTING PAPERS FOR THE CHANGE OF FIRST NAME OR NICKNAME
FORM AND CONTENT OF THE PETITION
AVAILMENT OF THE PRIVILEGE
FILING AND OTHER FEES
The City/Municipal Civil Registrar (C/MCR), Consul General (CG), including the Clerk of the Shari’a Court in his capacity as District or Circuit Registrar (D/CR) of Muslim Marriages, Divorces, Revocation of Divorces and Conversions, are hereby authorized to correct clerical or typographical error and to change first name or nickname in the civil register.
For an error in the civil register to be considered clerical or typographical, the following elements must be considered:
– It is a mistake committed in the performance of clerical work in writing, copying or typing an entry.
– It is harmless and innocuous.
– It is visible to the eyes or obvious to the understanding.
– It can be corrected or changed only by reference to other existing record/s.
– The correction must not involve the change of nationality, age, status or sex of petitioner.
The law provides the following grounds for the change of first name or nickname.
– The first name or nickname is ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
– The new first name or nickname has been habitually and continuously used by the petitioner and the person has been publicly known by that first name or nickname in the community.
– The change will avoid confusion.
Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register, may file the petition.
A person is considered to have direct and 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 document sought to be corrected.
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.
The verified petition may be filed, in person, with the LCRO of the city or municipality or with the Office of the Clerk of the Shari’a Court, as the case may be, where the record containing the clerical or typographical error to be corrected, or first name to be changed, is registered.
When the petitioner had already migrated to another place within the Philippines and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the RKCR, the petition may be filed, in person, with the PRCR of the place where the migrant petitioner is residing or domiciled.
Any person whose civil registry record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition, in person, with the nearest Philippine Consulate, or in accordance with Rule 3 (Who May File).
1. Certified machine copy of the certificate containing the alleged erroneous entry or entries.
2. Not less than eight (8) public or private documents upon which the correction shall be based.
Civil Registry Records of ascendants
Certificate of Land Transfer
3. Notice or certification of posting.
4. Other documents which the petitioner or the C/MCR, or the CG, or D/CR may consider relevant and necessary for the approval of the petition.
5. All tru copies of documents, which are required to be submitted by the petitioner should be duly certified by the Local Civil Registrar.
If the petition sought is for the correction of clerical error on the middle name or mother’s last name or first name of the mother, the most basic supporting documents/should be the mother’s birth certificate or birth certificates of siblings or marriage certificate of petitioner’s parents. If it is on the petitioner’s last name or father’s last name or first name of the father, appropriate document to support the petition should be the father’s birth certificate or birth certificate of siblings or marriage certification of the petitioner’s parents.
1. A certified true machine copy of the certificate or of the page or of the registry book containing the entry or entries sought to be corrected or changed;
2. At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and
3. other documents which the petitioner or the city or municipal civil registrar, or the consul general may consider relevant and necessary for the approval of the petition.
The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oath. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state the particular erroneous entry or entries sought to be corrected or the first name sought to be changed, and the correction or change to be made.
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 subject to Rule 12 hereunder.
The following fees shall be collected from the petitioner:
P 1,000.00 – correction of clerical or typographical error
P 3,000.00 – change of first name or nickname
An indigent petitioner who is certified to as such by the proper authority is exempted from payment of said fee.
In the case of a petition filed with the CG, a filing fee of fifty U.S. dollars ($50.00) or its equivalent value in local currency for the correction of clerical or typographical error, and one hundred fifty U.S. dollars ($150.00) or its equivalent value in local currency for the change of first name, shall be collected.
For a migrant petitioner, the following service fees shall be collected by the PRCR:
P 500 – correction of clerical or typographical error
P 1,000.00 – change of first name or nickname
The above service fee shall accrue to the city or municipal government of the PRCR. Likewise, the filing fee shall be collected from the migrant petitioner payable to and to be transmitted to the RKCR together with the petition and supporting documents.
When the petitioner files petition for correction of clerical or typographical error, simultaneously with a petition for change of first name, and the same document is involved, the petitioner shall pay only the amount corresponding to the fee for the petition for change of first name.
A person who violates any of the provisions of RA 9048 shall, upon conviction, be penalized by imprisonment of not less than six (6) years but not mere than 12 years, or a fine of not less than P 10,000.00 but not more than P 100,000.00 or both, at the discretion of the court.
If the offender is a government official or employee, he shall suffer the penalties provided under existing civil service laws, rules and regulations.
If the parents of a child were not yet married at the time the child was conceived/born and the parents subsequently get married, the child becomes legitimated by legal fiction. He acquires the status of a legitimate child when the parents get married. Provided, that the parents were free to marry and that there were no legal impediments to contract marriage at the time that the child was conceived/born.
Requirements for Legitimation
1. Affidavit of Admission of Paternity (If not acknowledged by the father in previous registration).
2. Certificate of No Marriage (CENOMAR) from NSO, Tacloban City.
3. Affidavit of Legitimation to be executed by both parents (4 copies).
4. Marriage Contract of Parents (4 Copies).
5. Filling Fee of P500.00 and Endorsement Fee of P300.00
Requirements for Application of Marriage License
A. FOR FILIPINO CITIZENS
1. Birth/Baptismal Certificate of applicants (Original & Xerox Copy).
2. Applications of one parties must be a resident of Tacloban City.
3. Personal appearance of parents to sign consent/advice upon intended marriage for applicants 18-24 years of age; hence, if either one or both parents are already dead, a Death Certificate is needed to prove.
4. Certification from Brgy. Chairman stating his/her length of residence in that barangay (for applicants not born in Tacloban City).
5. For applicants 25 years old and above, an Affidavit of Singleness should be executed by the applicant duly notarized.
6. Ask for CENOMAR (Certificate of No Marriage) at NSO.
B. FOR FOREIGN APPLICANTS
1. Permit to marry/certificate of no legal impediment duly signed by consul or representative Embassies in the Philippines.
2. Divorce Paper if divorced.
1. Application fee of P300.00
2. Upon acceptance and payment of fees of marriage license, a ten-day posting period is required and parties are endorsed to DSWD for pre-marital counseling.
3. On the 11th day, Marriage License will be issued upon presentation of a Pre-Marital Counseling Certificate to in-charge of marriage.
4. Solemnization fee of P500.00 to be paid in the City Treasurer’s Office and Marriage License of P300.00 to be paid at CCRO.
5. Registration fee of Marriage of P100.00 to be paid at the City Treasurer’s Office.
Requirements for Barangayan Late Registration of Birth
1. Baptismal Certificate of the Child
2.Marriage Contract of Parents
-For not married couple, the father should come personally to sign the Affidavit of Acknowledgment/ Admission of Paternity. (Kun diri kinasal an kag-anak o nauna an katawo han bata ugsa han kasal, kinahanglan umupod an tatay para pu,ir,a ha luyo hit birth certificate.)
Requirements for Late Registration of Birth
1. Certificate of non-availability of records from CCR, Tacloban City.
2. Negative results from NSO Regional Office.
3. Affidavit of Corroboration (For petitioner).
4. Affidavit of two disinterest persons.
5. Baptismal Certificate (Original or Certified True Copy).
6. Certification from the Brgy. Chairman where he/she is living for at least (6) months.
7. Marriage Contract of parents of the child ought to be registered.
8. Marriage Contract of petitioner if married.
9. Upon acceptance of application, client will pay the late registration fee of P500.00 at City Treasurer’s Office.
10. A posting period of (10 )ten days before said application would be released.
Requirements for Delayed Registration of Death
– Certification of Non-Availability of Death (No Records from the City Civil Registrar Office).
– Certification for No. Record from NSO.
– Affidavit for Delayed Registration.
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