Republic of the Philippines

Philippine Statistics Authority

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Refresher on Civil Registration:

Policies and Procedures

Presented by:

FELIXBERTO B. PERDIDO
Chief Statistical Specialist
PSA-Abra
Republic of the Philippines
Philippine Statistics Authority
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CIVIL REGISTRATION

• a continuous, permanent and compulsory

recording of vital events in the life of an individual
such as birth, marriage and death, as well as court
decrees and legal instruments affecting his civil
status in appropriate registers.

• mandated by Act 3753 (Civil Registry Law) which

took effect on 27 February 1931.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
• Registration shall be made in the Office of the Civil
Registrar of the city/municipality where the vital events
(birth/marriage/death) occurred.
• All vital events occurring to Filipinos residing abroad
permanently or temporarily shall be reported to the
Philippine Foreign Service Establishment (PFSE) where
the vital event took place or where none thereat, in the
nearest PFSE.
Exceptions:
For Birth
1. Child is born aboard a vehicle, vessel or airplane while in
transit within the Philippine territory and the exact place
of birth cannot be ascertained.
• Mother’s destination or habitual residence
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Birth
2. Child is born aboard a vessel or airplane en route to the
Philippines and the exact place of birth cannot be
ascertained.
• Mother’s habitual residence (If mother is a resident of the
Philippines, and if either the father or mother or both
parents are citizens of the Philippines)
• Mother’s habitual residence in the Philippines (If child’s
parents are both resident foreigners)
• Civil Registry Office of Manila, if they so desire (If both
parents are not resident foreigners)
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Birth
3. Child is born aboard a vessel or airplane en route to
another country from the Philippines, or from any country.
(Child’s mother or father or both parents are citizens of
the Philippines)
• Philippine Foreign Service Establishment of the country
of the mother’s destination.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Death
1. Death of a person in a vehicle, airplane or vessel while in
transit within the jurisdiction of the Philippines and the
exact place of death cannot be ascertained.
• Place of burial/cremation
• Office of the Civil Registrar of Manila (If burial/cremation
is outside the Philippines)
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Death
2. Death aboard a vessel or airplane en route to the
Philippines and the exact place of death cannot be
ascertained.
• Person’s habitual residence before his death (If citizen
and resident of the Philippines)
• Habitual residence of the deceased (If deceased is a
resident foreigner)
• Office of the Civil Registrar of Manila (If deceased is not
a resident foreigner, and if deceased is a citizen but not
a resident of the Philippines)
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Death
3. Death aboard a vessel or airplane en route to other
country from the Philippines, or from any other country,
and the exact place of death cannot be ascertained
(Deceased is a citizen of the Philippines).
• Philippine Foreign Service Establishment of the country
of destination.
4. Death in a vehicular accident, airplane crash or shipwreck
within the jurisdiction of the Philippines, the place where
the victim was found cannot be determined.
• Place of burial
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHERE TO REGISTER
Exceptions:
For Death
5. Death of a person aboard a vessel in high seas.
• Place of burial
6. The person was buried or drowned in the high seas, the
body was not recovered.
• Last known address of the deceased in the Philippines
• Civil Registry Office of Manila (If not resident of the
Philippines)
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHO SHOULD REGISTER

Birth
• The administrator of the hospital or clinic or in a similar
institution where the birth occurred.
• The physician, nurse, midwife, “hilot” or anybody who
attended the delivery of the child.
• In default of the hospital/clinic administrator or the
attendant at birth, either or both parents of the child.
• The driver, captain or pilot and the parents, as the case
may be, if the birth occurs aboard a vehicle, vessel or
airplane while in transit.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHO SHOULD REGISTER

Marriage
• The solemnizing officer has the duty to report the marriage.

Death
• The physician who last attended the deceased or the
administrator of the hospital or clinic where the person died.
• The nearest relative or the person who has knowledge of the
facts of death if the deceased died without medical attendance.
• The driver/ship captain/pilot, as the case may be, if death occurs
in a vehicle/vessel/airplane. In accidents where there are no
survivors, the owner of the vehicle/vessel/airplane.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHEN TO REGISTER

Birth and Death

• within thirty (30) days after the occurrence of the event.

Marriage
• within fifteen (15) days following the solemnization of
marriage if marriage license is required.
• within thirty (30) days for marriage exempt from license
requirement.
Marriages under RA 8371 (IPRA) shall be reported within
thirty (30) after the date of marriage.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION
• A report of vital event made beyond the reglementary period is
considered delayed.

DELAYED REGISTRATION REQUIREMENTS

Posting of the Pending Application

• Posting for ten (10) consecutive days at the bulletin board
of the city or municipality.

Duty to File a Complaint With the Prosecutor’s Office

• In every case of delayed registration, the civil registrar shall
file a complaint with the city or provincial prosecutor’s office
for appropriate action.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION REQUIREMENTS

Birth
1. If person is less than 18 years old
a) Four (4) copies of the Certificate of Live Birth (COLB)
duly accomplished and signed by the proper parties.
b) Accomplished Affidavit for Delayed Registration at the
back of COLB.
In case the party seeking late registration of the birth
of an illegitimate child is not the mother, the party
shall, in addition, declare in a sworn statement the
recent whereabouts of the mother.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION REQUIREMENTS
Birth
1. If person is less than 18 years old
c) Any two documentary evidences which may show the
name of the child, date and place of birth, and name of
mother (and name of father if child has been
acknowledged)
- baptismal certificate, school records, income tax
return of parent or parents, insurance policy, medical
records, and others such as barangay captain;s
certification
d) Affidavit of two disinterested persons who might have
witnessed or known the birth of the child.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION REQUIREMENTS

Birth
2. If person is 18 years old or above
• All the requirements for a person who is less than
eighteen years old; and
• Certificate of Marriage, if married

3. If alien, travel documents showing the origin and

nationality of the parents shall be presented.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION REQUIREMENTS

Death
• Four (4) copies of accomplished Certificate of Death
• Affidavit for delayed registration (shall be executed by the
hospital or clinic administrator if person died in a hospital, clinic
or similar institution, attendant at death if the person died
elsewhere, or any of the nearest relative, or any person having
legal charge of the deceased when the latter is till alive).
• Authenticated copy of the certificate of burial, cremation, or
other means of corpse disposal.
• Approval for registration by the health officer in the box provided
in the Certificate of Death.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

DELAYED REGISTRATION REQUIREMENTS
Marriage
• The solemnizing officer or the person reporting or
presenting the marriage certificate for registration shall be
required to execute and file an affidavit in support thereof,
stating the exact place and date of marriage, the facts and
circumstances surrounding the marriage and the reason or
cause of the delay.
• Submission of the application for marriage license, except
for marriage exempt from license requirement.
• Certification issued by the church or solemnizing officer
indicating the date of marriage based on their record or log
book if original or duplicate copy of the Certificate of
Marriage could not be presented.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

OUT-OF-TOWN REPORTING OF BIRTHS AND DEATHS

If registration of birth or death is not possible in the place of

occurrence, report the event in the office of the civil registrar
in the nearest or most accessible city or municipality. The
civil registrar should accept the documents NOT FOR
REGISTRATION but to be forwarded to the civil registrar of
the city or municipality where the birth or death happened
and where it should be registered.
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHAT ARE THE REQUIREMENTS FOR OUT-OF-TOWN

REPORTING?

1. Four (4) copies of Certificate of Live Birth or Death duly

accomplished and signed by the proper parties;

2. An Affidavit signed by the person applying for an out-of-

town reporting of birth or death declaring therein, among
other things, the facts of birth or death and the reasons why
said birth 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 (2) witnesses;
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Philippine Statistics Authority
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REGISTRATION OF VITAL EVENTS

WHAT ARE THE REQUIREMENTS FOR OUT-OF-TOWN

REPORTING?

3. If the application is for delayed registration of birth or

death, the requirements for delayed registration shall also be
complied with; and

4. If out-of-town reporting of birth, required also are other

papers as maybe necessary in establishing the facts of birth,
especially those pertaining to date and place of birth and
filiation of child whose birth is being sought for registration.
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Philippine Statistics Authority
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REGISTRATION OF COURT DECREES

Registrable Court Decrees/Orders
a) Adoption/Rescission of adoption;
b) Annulment of marriage/Declaration of absolute nullity of
marriage/Legal Separation/Court order setting aside the
decree of legal separation;
c) Change of name or correction of entry;
d) Civil interdiction;
e) Declaration of presumptive death of the absent
spouse/Judicial declaration of absence;
f) Compulsory recognition of illegitimate child/Voluntary
recognition of minor illegitimate child;
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Philippine Statistics Authority
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REGISTRATION OF COURT DECREES

Registrable Court Decrees/Orders
g. Appointment of guardian/Termination of guardianship;
h. Judicial determination of filiation;
i. Judicial determination of the fact of reappearance of
absent spouse, if disputed;
j. Naturalization certificate/Cancellation of naturalization
certificate;
k. Separation of property/Revival of former property regime;
l. Emancipation of orphaned minor; and
m.Other registrable court decrees/orders
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Philippine Statistics Authority
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REGISTRATION OF COURT DECREES

Who should register
• The clerk of court issuing the decree. In his default, the
successful petitioner or any interested party.
Where to register
• LCRO where the court issuing the decree is situated.
• City Civil Registry Office of Manila if the decree was issued by
a foreign court and it was not previously registered with the
Philippine Consulate in the foreign country
When to register
• within ten (10) days after the decree has become final and
executory.
If decree of adoption, within thirty (30) days after the date of
issue of the final judgment of the court.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Annulment of Marriage

Pursuant to the decision dated __________ rendered by

Judge _______________ of the Regional Trial Court of
__________, Branch ____, under Case No. _________, the
marriage between ___________ and ______________
celebrated on _________________ is hereby declared
________.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Declaration of Nullity of Marriage

Pursuant to the decision dated __________ rendered by

Judge _______________ of the Regional Trial Court of
__________, Branch ____, under Case No. _________, the
marriage between ___________ and ______________
celebrated on _________________ is hereby
declared_________.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Legal Separation

Pursuant to the decision dated __________ rendered by

Judge _______________ of the Regional Trial Court of
__________, Branch ____, under Case No. _________, the
parties are hereby declared ___________.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Presumptive Death

Spouse declared presumptively dead as per court decree

issued by Regional Trial Court of __________________
Branch _____________ on _____________ under Case
No. _________________”.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Cancellation of Civil Registry Document

Pursuant to the decision of the court dated ______________

rendered by Judge ___________________ of the Regional
Trial Court of __________________, Branch _______,
under Case No. _______________, this Certificate of
_______________ bearing registry number ____________is
hereby ordered ______ .
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Standard Annotation:

For Correction of Entry

Pursuant to the decision of the court dated ______________

rendered by Judge ___________________ of the Regional
Trial Court of __________________, Branch _______,
under Case No. ____________, the ____(entry)__________
is hereby ordered corrected from _________________ to
_____________________.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Requirements:

Adoption

1. Court decree of adoption

2. Certificate of Finality of the court decree of adoption
3. Certificate of Registration of the court decree of adoption
4. Certificate of Live Birth prior to adoption
5. Amended Certificate of Live Birth
6. Certificate of Authenticity of the court decree of adoption
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Requirements:

Annulment
1. Court decree of annulment/declaration of nullity of
marriage
2. Certificate of Finality of the court decree of annulment/
declaration of nullity of marriage
3. Certificate of registration of the court decree of
annulment/declaration of nullity of marriage
4. Un-annotated Certificate of Marriage
5. Annotated Certificate of Marriage
6. Certificate of Authenticity of the court decree of
annulment/ declaration of nullity of marriage
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES
Requirements:

Presumptive Death
1. Court decree of declaration of presumptive death
2. Certificate of Finality of the court decree of declaration of
presumptive death
3. Certificate of registration of the court decree of
declaration of presumptive death
4. Un-annotated Certificate of Marriage
5. Annotated Certificate of Marriage
6. Certificate of Authenticity of the court decree of
declaration of presumptive death
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Requirements:

Cancellation of Civil Registry Documents

1. Court decree of cancellation.
2. Certificate of Finality of the court decree of cancellation.
3. Certificate of registration of the court decree of
cancellation.
4. Un-annotated Certificate of Birth/Marriage/Death
5. Annotated of Certificate of Birth/Marriage/Death
6. Certificate of Authenticity of the court decree of
cancellation.
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES

Requirements:

Correction of Entry
1. Court decree of correction of entry/ies
2. Certificate of Finality of the court decree of correction of
entry/ies
3. Certificate of registration of the court decree of
correction of entry/ies
4. Un-annotated Certificate of Birth/Marriage/Death
5. Annotated of Certificate of Birth/Marriage/Death
6. Certificate of Authenticity of the court decree of
correction of entry/ies
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Philippine Statistics Authority
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PROCESSING OF DOCUMENTS AFFECTED BY COURT

DECREES
Requirements:
Foreign Court Decrees
1. Certified/Original copy of the foreign court decree duly registered at
the Manila CCRO;
2. Certificate of Registration of the Foreign Court Decree issued by the
CCRO of Manila
3. Certified copy of the annotated document (COLB/COD/COM). In
adoption, if the adoption process did not pass thru ICAB, the foreign
court decree of adoption shall pass the process of recognition of the
local courts in the Philippines.
4. Certified copy of the un annotated document
5. Certified copy of the court decision recognizing the foreign court
decree. These certified copies shall be issued by the LCRO where the
foreign court decree was recognized by a local court in the Philippines
6. Certificate of Finality of the court decree recognizing the foreign court
decree issued by the Clerk of Court which granted the recognition
7. Certificate of Registration of the court decree of recognition
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Philippine Statistics Authority
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REGISTRATION OF LEGAL INSTRUMENTS

Registrable Legal Instruments
a) Affidavit of reappearance;
b) Acknowledgment;
c) Acquisition of citizenship;
d) Authorization and ratification of artificial insemination;
e) Certificate of legal capacity to contract marriage;
f) Legitimation;
g) Option to elect Philippine citizenship;

• Memorandum Circular 2015-12 (Certificate of Legal

Capacity to Contract Marriage is not a Registrable Legal
Instrument)
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Philippine Statistics Authority
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REGISTRATION OF LEGAL INSTRUMENTS

Registrable Legal Instrument

g) Partition and distribution of properties of spouses and
delivery of the children’s presumptive legitime;
h) Marriage settlements and any modification thereof;
i) Repatriation document with oath of allegiance;
j) Voluntary emancipation of minor;
k) Waiver of rights/interests of absolute community of
property; and
l) Other registrable legal instruments
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Philippine Statistics Authority
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REGISTRATION OF LEGAL INSTRUMENTS

Who should register

• Person executing the legal instrument. In his default, the
interested party who stands to be benefited or affected by the
legal instrument.
Where to register
• LCRO of the place where they were executed, except the
following:
a) Affidavit of reappearance – where the parties to the
subsequent marriage are residing.
b) Marriage settlement – where the marriage was recorded.
c) Admission of paternity, Acknowledgment, Legitimation,
Voluntary Emancipation of Minor, and Parental Authorization
or Ratification of Artificial Insemination – where the birth of the
child was recorded.
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Philippine Statistics Authority
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REGISTRATION OF LEGAL INSTRUMENTS

Where to register
• City Civil Registry of Manila (If executed abroad, including those
which may be executed in the Philippines if the vital events
occurred abroad and registered in the Philippine consulate).
When to register
• not later than thirty (30) days after the date of subscribing and
swearing before a person authorized to administer oath.
Recognition or acknowledgement made in a public document
other than the record of birth or the Affidavit to Use the Surname
of the Father (AUSF)
- within twenty (20) days from the date of execution.
Memorandum Circular No. 2015-09 dated 24 April 2015
(Guidelines in the processing of option to elect Philippine
Citizenship)
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Philippine Statistics Authority
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LEGITIMATE AND ILLEGITIMATE CHILDREN

Legitimate - children conceived or born during the marriage
of the parents.
Illegitimate - children conceived and born outside a valid
marriage unless otherwise provided in the
Family Code.
➢ Children of common-law, incestuous, bigamous, void
for reasons of public policy, marriages; of adulterous
relations; of couples below 18; and of other void
marriages under Art. 35.
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Philippine Statistics Authority
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SURNAME OF ILLEGITIMATE CHILD

• An illegitimate child born before 3 August 1988 and
acknowledged by both parents shall principally use the
surname of the father. If recognized by only one of the
parents, the illegitimate child shall carry the surname of the
acknowledging parent. If no parent acknowledged the
child, he shall carry the surname of the mother.
• An illegitimate child born on or after 3 August 1988 shall
bear the surname of the mother .
• Republic Act No. 9255 amended Article 176 of Executive
Order No. 209 (Family Code of the Philippines). The law
allows illegitimate children to use the surname of their
father provided that the father has acknowledged the child.
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

Amendment of Art. 176, Family Code

“Article 176. Illegitimate children shall use the surname

and shall be under the parental authority of their mother,
and shall be entitled to support in conformity with this
Code. However, illegitimate children may use the
surname of their father if their filiation has been
expressly recognized by the father through the record
of birth appearing in the civil register, or when an
admission in a public document or private handwritten
instrument is made by the father. Provided, the father
has the right to institute an action before the regular
courts to prove non-filiation during his lifetime.. The
legitime of each illegitimate child shall consist of one-half
of the legitime of a legitimate child.”
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

Rationale:
• Effects of the Family Code to Illegitimate children
• RA 9255 is a curative law
• RA 9255 is Pro-child thus, all provisions should be
interpreted for the best interest of the child.

Effectivity Dates:
• RA 9255 was signed by President Arroyo on 24 February
2004, published on 4 March 2004 and took effect on
March 19, 2004
• Administrative Order No. 1 (IRR) was approved on 14
May 2004, published on 18 May 2004 and took effect on
2 June 2004
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REPUBLIC ACT NO. 9255

Effectivity Dates:
• The Revised IRR of RA No. 9255 was approved on 22
March 2016 based on the Supreme Court Ruling in the
case of “Grande vs. Antonio”, G.R. 206248 dated 18
February 2014. It was published on 24 March 2016 and
took effect on 9 April 2016. It supersedes Administrative
Order No. I, Series of 2004 (Rules and Regulations
Governing the Implementation of RA No. 9255) dated 14
May 2004.
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REPUBLIC ACT NO. 9255

Coverage
➢The Revised IRR shall apply to all illegitimate children
born on or after 19 March 2004, the effectivity of R.A. No.
9255. This includes:
• Unregistered births
• Registered births under the surname of the mother
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

Coverage
➢Illegitimate children born on 3 August 1988 to 18 March
2004 may still be acknowledged by the father through an
Affidavit of Admission of Paternity (AAP) or Private
Handwritten Instrument (PHI) but cannot use the
surname of the father under RA No. 9255. However, a
petition in court may be filed in order that the child can
use the surname of the father.
➢However, for Certificate of Live Births (COLBs) of
illegitimate children born on 3 August 1988 to 18 March
2004 which were processed based on Administrative
Order No. 1 Series of 2004 of RA No. 9255 prior to the
issuance of the revised IRR, are considered valid.
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REPUBLIC ACT NO. 9255

What to file
The following documents shall be filed at the Local Civil Registry
Office (LCRO) or Philippine Foreign Service Post (PFSP) for
registration:
1. Affidavit of Admission of Paternity (AAP)/ or Private
Handwritten Instrument (PHI)
2. Affidavit to Use the Surname of the Father (AUSF)

➢ If child is 0-6 years old – AUSF shall be executed by the mother or

guardian, in the absence of mother
➢ If child is 7-17 years old – AUSF shall be executed by the child with
the attestation of the mother or guardian, in the absence of mother
➢ If child is 18 years old & above – AUSF shall be executed by the
person himself, without need of attestation of the mother or guardian,
in the absence of mother
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REPUBLIC ACT NO. 9255

Who may file

The following persons are authorized to file at the LCRO of

PFSP:
1. The father, mother, the person himself, if of age, or the
guardian, may file the AAP.
2. The father, mother, the person himself, if of age, or the
guardian, may file the AUSF.
3. The person shall personally file the PHI, if the proof of
filiation is through a PHI, at the LCRO/PFSP for
registration.
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

Who may file
The mother, the person himself, if of age, or the guardian,
may file the PHI if the father is already deceased. The PHI
can be accepted provided there are supporting documents
to prove filiation.
The PHI shall be supported by any two of the documents mentioned below, but
not limited to the following:

1. SSS/GSIS records
2. Employment records
3. Insurance policy
4. Statement of Assets and Liabilities and Net worth (SALN)
5. Income Tax Return (ITR)

The C/MCR or CG/C/VC may require the applicant to submit a duly signed
Affidavit stating the existence of the attached PHI and its supporting documents.
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REPUBLIC ACT NO. 9255

Where to file

• For births that occur in the Philippines, the AAP, PHI or

AUSF executed in the Philippines shall be registered at
the LCRO of the place of birth.
• For births that occur within or outside the Philippines, the
AAP, PHI or AUSF executed outside the Philippines shall
be registered at the PFSP of the country of residence, or
where there is none, to the PFSP of the country nearest
the place of residence of the party concerned.
• For births that occur outside the Philippines, the AAP,
PHI or AUSF executed in the Philippines shall be
registered at the LCRO of the place of execution.
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

When to register

• The AAP, PHI or the AUSF shall be registered within 20

days from the date of execution. Otherwise, the rules on
delayed registration under Administrative Order No 1,
Series of 1993 (IRR of Act No. 3753 and Other Laws on
Civil Registration) shall apply.
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9255

Effects of Recognition
1. As a rule, an illegitimate child not acknowledged by the father
shall use the surname of the mother.
2. Illegitimate child acknowledged by the father shall use the
surname of the mother if no AUSF is executed.
3. An illegitimate child aged 0-6 years old acknowledged by the
father shall use the surname of the father, if the mother or the
guardian, in the absence of the mother, executes the AUSF.
4. An illegitimate child aged 7-17 years old acknowledged by the
father shall use the surname of the father, if the child executes
an AUSF fully aware of its consequence as attested by the
mother or guardian.
5. Upon reaching the age of majority, an illegitimate child
acknowledged by the father shall use the surname of his father
provided that he executes an AUSF without need of any
attestation.
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.1 Without AUSF

a. Affidavit of Admission of Paternity is executed at the

back of COLB, without AUSF. – Child shall be registered
under the surname of the mother. There shall be
annotation on the Remarks Column of the Register of
Births as follows:

“Acknowledged by (name of father) on (date of execution

of the Affidavit of Admission of Paternity).”
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.1 Without AUSF

b. A separate Affidavit of Admission of Paternity is
executed, without AUSF. – Child shall be registered
under the surname of the mother. There shall be
annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:

“Acknowledged by (name of father) on (date of execution

of the Affidavit of Admission of Paternity) under (Registry
No. of the Affidavit of Admission of Paternity).”
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.1 Without AUSF

c. A Private Handwritten Instrument is executed, without
AUSF. – Child shall be registered under the surname of
the mother. There shall be annotation on the
COLB/ROB and on the Remarks Column of the
Register of Births as follows:

“Acknowledged by (name of father) under (Registry No. of

the Private Handwritten Instrument).”
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.2 With AUSF

a. Affidavit of Admission of Paternity is executed at the

back of COLB, with AUSF. – Child shall be registered
under the surname of the father. There shall be no
annotation in the COLB, with annotation on the
Remarks Column of the Register of Births as follows:

“Acknowledged by (name of father) on (date of execution

of the Affidavit of Admission of Paternity) pursuant to RA
9255.”
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.2 With AUSF

b. A separate Affidavit of Admission of Paternity is
executed, with AUSF. – Child shall be registered under
the surname of the father. There shall be annotation on
the COLB/ROB and on the Remarks Column of the
Register of Births as follows:

“Acknowledged by (name of father) on (date of execution

of the Affidavit of Admission of Paternity) under (Registry
No. of the Affidavit of Admission of Paternity) pursuant to
RA 9255.”
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REPUBLIC ACT NO. 9255

Standard Annotation:

1. For births not yet registered:

1.2 With AUSF

c. A Private Handwritten Instrument is executed, with
AUSF. – Child shall be registered under the surname of
the father. There shall be annotation on the
COLB/ROB and on the Remarks Column of the
Register of Births as follows:

“Acknowledged by (name of father) under (Registry No. of

the Private Handwritten Instrument) pursuant to RA 9255.”
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REPUBLIC ACT NO. 9255

Standard Annotation:

2. For births previously registered under the surname of the

mother and not acknowledged by the father

2.1 Without AUSF

a. A separate Affidavit of Admission of Paternity is

executed, without AUSF. The COLB/ROB and on the
Remarks Column of the Register of Births shall be
annotated as follows:

“Acknowledged by (name of father) on (date of execution

of the Affidavit of Admission of Paternity) under (Registry
No. of the Affidavit of Admission of Paternity).”
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REPUBLIC ACT NO. 9255

Standard Annotation:

2. For births previously registered under the surname of the

mother and not acknowledged by the father

2.1 Without AUSF

b. A Private Handwritten Instrument is executed, without
AUSF. The COLB/ROB and on the Remarks Column of
the Register of Births shall be annotated as follows:

“Acknowledged by (name of father) under (Registry No. of

the Private Handwritten Instrument).”
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REPUBLIC ACT NO. 9255

Standard Annotation:

2. For births previously registered under the surname of the

mother and not acknowledged by the father

2.2 With AUSF

a. A separate Affidavit of Admission of Paternity is executed,
AUSF is executed. The COLB/ROB and on the Remarks
Column of the Register of Births shall be annotated as
follows:

“Acknowledged by (name of father) on (date of execution of the

Affidavit of Admission of Paternity) under (Registry No. of the
Affidavit of Admission of Paternity). The child shall be known
as (full name of the child) pursuant to RA 9255.”
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REPUBLIC ACT NO. 9255

Standard Annotation:

2. For births previously registered under the surname of the

mother and not acknowledged by the father

2.2 With AUSF

b. A Private Handwritten Instrument is executed, AUSF is
executed. The COLB/ROB and on the Remarks Column of
the Register of Births shall be annotated as follows:

“Acknowledged by (name of father) under (Registry No. of the

Private Handwritten Instrument) The child shall be known as
(full name of the child) pursuant to RA 9255.”
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REPUBLIC ACT NO. 9255

Standard Annotation:

3. For births previously registered using the surname of the

mother and the child is acknowledged by the father

3.1 With AUSF

a. AUSF is executed. The child shall use the surname of
the father. The COLB/ROB and on the Remarks
Column of the Register of Births shall be annotated as
follows:

“The child shall be known as (full name of the child)

pursuant to RA 9255.”
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REPUBLIC ACT NO. 9255

How to secure a copy of the annotated document from
OCRG
Copies of annotated documents which underwent through RA
No. 9255 can be secured at the OCRG after submission of the
following documents:
1. Affidavit to Use the Surname of the Father (AUSF)
2. Certificate of Registration of AUSF
3. Un-annotated Certificate of Live Birth
4. Annotated Certificate of Live Birth
5. Affidavit of Admission of Paternity (AAP)/Private
Handwritten Instrument (PHI)
6. Certificate of Registration of AAP/PHI
Document Nos. 5 and 6 above are submitted if illegitimate
child is not acknowledged at the back of COLB.
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PROCESSING OF DOCUMENTS AFFECTED BY

ACKNOWLEDGEMENT
Standard Annotation
“Acknowledged by (name of father/mother) on (date of
execution of the affidavit) under Registry Number (Registry
Number of the Affidavit of Acknowledgement). Henceforth,
the child shall be known as: (Full Name of the Child by virtue
of the acknowledgement).
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PROCESSING OF DOCUMENTS AFFECTED BY

ACKNOWLEDGEMENT
Requirements
Child was born before August 3, 1988, not acknowledged by
the father or the mother on the record of birth, under the
surname of the mother.
1. Affidavit of acknowledgment of the non-acknowledging
parent
2. Certificate of Registration of the Affidavit of
Acknowledgment
3. Un-annotated Birth Certificate
4. Annotated Birth Certificate
5. Authentic writing and death certificate of non-
acknowledging parent (in the absence of affidavit of
acknowledgment of the deceased non-acknowledging
parents)
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LEGITIMATION
A remedy in which the child, who is illegitimate, is considered
legitimate by virtue of the parents not being disqualified to
marry each other at the time when the child was conceived
and the fact that they subsequently married each other after
the child was born.
 Article 177 of the Family Code – “Only children conceived
and born outside of wedlock of parents who, at the time of
the conception of the former, were not disqualified by any
impediment to marry each other, may be legitimated.”
• Article 177 of the Family Code is amended by Republic
Act No. 9858 “An Act Providing for the Legitimation of
Children Born to Parents Below Marrying Age.”
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REPUBLIC ACT NO. 9858

 Article 177 of the Family Code – “Only children

conceived and born outside of wedlock of parents who,
at the time of the conception of the former, were not
disqualified by any impediment to marry each other, or
were so disqualified only because either or both of
them were below eighteen (18) years of age, may be
legitimated.”
 Approved by President Gloria Macapagal Arroyo on
December 20, 2009.
 The Implementing Rules and Regulations was published
at the Philippine Daily Inquirer on November 12, 2010.
 The Act took effect fifteen days after its publication in the
Philippine Daily Inquirer
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REPUBLIC ACT NO. 9858

Coverage
• children conceived and born outside of marriage of
parents;
• at the time of conception of the child, parents were not
disqualified by any impediment to marry each other;
• or were so disqualified only because either or both of
them were below eighteen (18) years of age.
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REPUBLIC ACT NO. 9858

Requisites for Legitimation

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;
2. The child is conceived and born outside a valid marriage;

3. The parents subsequently enter into a valid marriage.

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REPUBLIC ACT NO. 9858

Who shall execute the Affidavit of Legitimation?

 Both parents; and
 The surviving parent in case one of the parents dies or is
presumed dead.
In case both parents died without executing any Affidavit
of Legitimation
➢ Child, if of age, has to file petition for legitimation in
court;
➢ If the child is a minor, the judicially appointed guardian
or by persons authorized by law (Article 216 of the
Family Code), has to file petition in court.
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REPUBLIC ACT NO. 9858

Who shall Register

• The father and/or mother of the child to be legitimated; or
• The child if of age; or
• Any person authorized by the above or by law (Article 216
of the Family Code).

When to Register
• The Affidavit of Legitimation shall be registered within thirty
(30) days from the date of execution.
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REPUBLIC ACT NO. 9858

Where to Register
1. Birth was registered in the Philippines and Affidavit of
Legitimation was executed in the Philippines.
• LCRO where the birth was registered
2. Birth was registered outside the country and Affidavit of
Legitimation was executed in the Philippines.
• City Civil Registrar of Manila

3. Birth was registered within/outside the country and

Affidavit of Legitimation was executed outside the country
(authenticated by the Consul General)
• City Civil Registrar of Manila
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REPUBLIC ACT NO. 9858

What to Register
• Affidavit of Legitimation
The supporting documents are:
• Certified True Copy (CTC) of the Certificate of
Live Birth (COLB) of the child;
• CTC of the Certificate of Marriage of parents;
• Certificate of No Marriage (CENOMAR) of both
parents;
• Death Certificate of the deceased parent/s in
case of death of either parent; and
• Court order of the presumptive death, in case
one of the parents is presumed dead.
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858

Standard Annotation
• 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 >”.
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858

Standard Annotation
• 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 shall be known as <Name
of the child by virtue of legitimation>”.
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858
Requirements
Case 1: Parents not minor, child was acknowledged on the
record of birth
1. Joint Affidavit of Legitimation (AOL)
2. Certificate of Registration of the Affidavit of Legitimation
3. Marriage Certificate of parents
4. Un-annotated Birth Certificate
5. Annotated Birth Certificate
6. Death Certificate of deceased spouse or annotated Marriage
Certificate/s of previous marriage/s, if applicable
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858
Requirements
Case 2: Minor parents, child was acknowledged on the record
of birth.
1. Joint Affidavit of Legitimation (AOL)
2. Certificate of Registration of the Affidavit of Legitimation
3. Marriage Certificate of parents
4. Supplemental affidavit of legitimation that contains
information on the minority of the parent/s, in case the
registered AOL did not mention about the minority of the
parent/s
5. Un-annotated Birth Certificate
6. Annotated Birth Certificate
7. Death Certificate of deceased spouse or annotated Marriage
Certificate/s of previous marriage/s, if applicable
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858
Requirements
Case 3: Minor parents, child was NOT acknowledged on
the record of birth and born before August 3, 1988.
1. Affidavit of Acknowledgment
2. Certificate of Registration of the Affidavit of
Acknowledgment
3. Joint Affidavit of Legitimation (AOL)
4. Certificate of Registration of the Affidavit of Legitimation
5. Marriage Certificate of parents
6. Supplemental affidavit of legitimation that contains
information on the minority of the parent/s, in case the
registered AOL did not mention about the minority of the
parent/s
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858
Requirements
Case 3: Minor parents, child was NOT acknowledged on
the record of birth and born before August 3, 1988.
7. Un-annotated Birth Certificate
8. Annotated Birth Certificate
9. Death Certificate of deceased spouse or annotated
Marriage Certificate/s of previous marriage/s, if applicable
10. Authentic writing and death certificate of parent/s (in the
absence of affidavit of acknowledgment of the deceased
parent/s)
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PROCESSING OF DOCUMENTS AFFECTED BY

LEGITIMATION/RA 9858
Requirements
Case 4: Child was NOT acknowledged on the record of
birth and born on or after August 3, 1988.

1. Joint Affidavit of Legitimation (AOL). This affidavit should

mention the admission of paternity of the child by the father.
2. Certificate of Registration of the Affidavit of Legitimation
3. Marriage Certificate of parents
4. Un-annotated Birth Certificate
5. Annotated Birth Certificate
6. Death Certificate of deceased spouse or annotated Marriage
Certificate/s of previous marriage/s, if applicable
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SUPPLEMENTAL REPORT

• an additional report of birth/ death/ marriage filed for the

purpose of supplying information that was omitted at
the time the birth/death/ marriage was originally
registered.

• No supplemental report in the “Medical Certificate” in

the Certificate of Death and all applicable certifications
contained in the Certificate of Marriage as this should
be accomplished completely before registration (AO 1,
Series of 1993, Rule 11 (1), (MC 2007-004)
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SUPPLEMENTAL REPORT

• The supplemental report shall not be used in any

manner to change or to correct any entry, which was
previously entered in the civil register, or to circumvent
the provisions of Article 412 of the Civil Code of the
Philippines, which prohibits any change or correction of
an entry in the civil register without judicial order [A.O.
1, Rule 11(2)].

• The civil registrar shall accept only one supplemental

report for more than two omitted information in any
registered event. In cases where there are more than
two omitted information, all papers related thereto shall
be forwarded to the Office of the Civil Registrar General
[A.O. 1, Rule 11(3)], (MC 2007-004)
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SUPPLEMENTAL REPORT

Registration Procedures:
1. The Supplemental report may be filled by the
parents/guardian or the party concerned, if of age, who
shall execute an affidavit indicating the entry/entries
misses in the registration and the reason/s why there
was a failure in supplying the required entry.(A.O.1,
Rule 11(4)
2. The Local Civil registry office shall issue a certified
copy or transcription of the document bearing the
effects of the supplemental report. Said certified copy
shall be marked “with supplemental report” to be
written on the upper right hand portion of the
document.
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SUPPLEMENTAL REPORT
Registration Procedures:
3. The Affidavit for Supplemental report shall not be
registered in the Registry book for Legal Instruments.
For control purposes, the registry number of the civil
registry document affected by the supplemental report
should be transcribed on the upper right hand portion
of the Affidavit.
4. The LCRO shall submit the following documents to the
OCRG:
▪ copy of the affidavit for supplemental report
▪ copy of supplemental report
▪ certified copy of the document with omitted entry/ies
▪ certified copy of the document bearing the effects of
the supplemental report with the mark “With
Supplemental Report”
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SUPPLEMENTAL REPORT

Registration Procedures:
5. The Affidavit for Supplemental report shall indicate the
facts of the event like name of the document owner,
date and place of event, entry/entries omitted, and
reason/s for failure to supply the missing information at
the time of registration.
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SUPPLEMENTAL REPORT

Memorandum Circular dated Sept 12, 2008

Revision on Paragraph 2, case No. 1 of Memorandum Circular
2007-6
▪ Prior to the effectivity of Administrative Order No. 1, Series of
1993, we considered the first name “Baby boy” and “Baby girl” as if
names were omitted, hence these are cases falling under the
procedure of supplemental report. In 1993 onwards, the entry
“Baby or Baby Boy or Baby Girl” is considered as entry in name,
hence can be filled as a petition for change of first name under RA
9048.
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SUPPLEMENTAL REPORT

Memorandum Circular 2007-006

▪ The additional name Jr. was not entered (omitted) in the COLB to
distinguish the father and the child. The petitioner may apply for
supplemental report under Rule 11 of AO No. 1 series of 1993,
provided that the entry in the father’s first and last name bear
similar first and last name of the child. Likewise, the additional
name II, III, IV if omitted can be supplied by applying the procedure
under Rule 11 (supplemental report), A.O. No.1 s. 1993.

Memorandum Circular No. 2017-05 dated 11 April 2017

(Additional Guidelines in Preparing and Issuing Supplemental
Report)
Memorandum Circular No. 2019-19 dated 4 June 2019
(Additional Guidelines in Supplying the Registry Number of
CR Documents)
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PROCESSING OF DOCUMENTS AFFECTED BY

SUPPLEMENTAL REPORT
Standard Annotation:

Only one missing entry

“Information given added from

supplemental report:

First Name of the child: _______

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PROCESSING OF DOCUMENTS AFFECTED BY

SUPPLEMENTAL REPORT
Standard Annotation:

Multiple missing entries

“Information given added from

supplemental report:

Place of birth (province): ______

Place of birth (municipality):______
First Name of the child: _______
Date of birth: _______
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PROCESSING OF DOCUMENTS AFFECTED BY

SUPPLEMENTAL REPORT
Requirements:

1. Affidavit for supplemental report with the affixed registry

number of the affected document.
2. Copy of the supplemental report.
3. Certified copy of the document with omitted entry/ies,
4. Certified copy of the document bearing the effects of the
supplemental report with remarks “with supplemental
report”
5. Certified copy of the Certificate of Marriage of the parents
of the document owner, if the document affected is a
Certificate Live Birth.
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NON-DISCLOSURE OF BIRTH RECORD

In accordance with PD 603 (Child and Youth Welfare

Code), the record of a person’s birth shall be kept strictly
confidential.

Authorized Requester of Birth Record

• The concerned person himself, or any person authorized
by him
• Spouse, parent/s, direct descendants, guardian or
institution legally in-charge of him, if he is a minor
• The court or proper public official whenever absolutely
necessary in administrative, judicial or other official
proceedings
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Republic Act No. 10173 (Data Privacy Act of 2012)

In accordance with R.A. No. 10173, PSA cannot issue documents
from which the identity is apparent and directly ascertained without
the consent of the individual whose personal information is
processed. Such consent must be evidence by written, electronic or
recorded means.
Hence, the original and certified true copy of Certificate of Live Birth,
Certificate of Marriage, Certificate of Death, Certificate of No
Marriage (CENOMAR) and Advisory on Marriage can only be issued
to:
• The owner himself or through a duly authorized representative;
• His/her spouse, parent, direct descendants, guardian or institution
legally in-charge of him/her, if minor;
• The court or proper public official whenever absolutely necessary in
administrative, judicial or other official to determine the identity of a
person;
• In case of the person’s death, the nearest of kin.
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MC No. 2019-15A dated 29 November 2022 (Amendment to

MC No. 2019-15 re: Guidelines on the Issuance of the Civil
Registry Documents (CRDs)/Certifications including
Authentication)

MC No. 2019-16A dated 1 July 2021 (Amendment to MC

No. 2019-16 re: Strict Implementation of the Presentation of
Valid Identification (ID) Cards/Identity Documents in the
Issuance of Civil Registry Documents/Certifications from the
PSA)
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MARRIAGE
a special contract of permanent union between a man and a
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 incidents 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.”(Art. 1, E.O. 209)
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REQUISITES OF MARRIAGE

1. Essential requisites (Art. 2, E.O. 209)

2. Formal requisites (Art. 3, E.O. 209)
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ESSENTIAL REQUISITES OF MARRIAGE (Art. 2, E.O. 209)

a. Legal capacity of the contracting parties who must be
male and female.
• Sex – must be a male and a female
• Age – 18 years or upwards (Art. 5, E.O. 209)
• Relationship – not incestuous or contrary to public
policy
b. Consent freely given in the presence of the solemnizing
officer.
• Consent of the contracting parties, not parental
consent.
• Consent is real and not vitiated or rendered defective
by any of the vices of consent under Arts. 45 and 46 of
the Code, like fraud, force, intimidation, undue
influence, etc.
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FORMAL REQUISITES OF MARRIAGE (Art. 3, E.O. 209)

a. Authority of the solemnizing officer

b. A valid marriage license except for marriages exempt
from the license requirement.
c. A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration that
they take each other as husband and wife in the
presence of not less than two witnesses of legal age.
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FORMAL REQUISITES OF MARRIAGE (Art. 3, E.O. 209)

• The marriage shall be solemnized publicly in the

chambers of the judge or in open court, in the church,
chapel, or in the office of the consul-general, consul or
vice-consul as the case may be, and not elsewhere,
except in cases of marriages contracted at the point of
death or in remote places in accordance with Art. 29, or
where both parties request the solemnizing officer in
writing in which case the marriage may be solemnized at
the house or place designated by them in a sworn
statement to that effect. (Art. 8, E.O. 209)
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Effect if any of the essential or formal requisites is

absent
• The absence of any of the essential or formal requisites
shall render the marriage void ab initio (void from the
beginning), except as stated in Art. 35(2).
Example:
• Either or both parties are below 18 years old.
• A marriage between two girls or two boys.
• Marriage solemnized by a judge who has already retired.
• A marriage solemnized by a judge outside his territorial
jurisdiction.
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Effect of defect in any of essential requisites

• A defect in any of the essential requisites shall render the
marriage voidable; i.e., valid until annulled.
Example:
• Either party between 18 and 21 years of age (.i.e. below
21 years) gets married without parental consent.
• The consent of one contracting party is obtained through
fraud, intimidation, force or undue influence.
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Effect of irregularity in any formal requisite

• An irregularity in any formal requisites shall not affect the
validity of the marriage but the party or parties responsible
for the irregularity are civilly, criminally, and administratively
liable.
Example:
• The marriage license was not applied for in either of the
residence of contracting parties.
• The marriage license was signed by a mere employee of
the office of the proper LCR, but with the latter’s authority.
If the employee was not authorized by the local civil
registrar to sign for the license, the marriage will be void for
lack of a valid license.
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PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

1. Any incumbent member of the judiciary within the court’s

jurisdiction;
The courts under our judicial system pursuant to B.P. 129
are: Supreme Court, Court of Appeals, Sandigan Bayan,
Court of Tax Appeals, RTC, MTC and MCTC
2. Any priest, rabbi, imam, or minister of any church
religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting
within the limits of the written authority granted him by this
church or religious sect and provided that at least one of
the contracting parties belongs to the solemnizing officer’s
church or religious sect;
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PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

3. Any ship captain of airplane chief only in the cases

mentioned in Article 31 of the Family code (a marriage in
articulo mortis between passengers or crew members
not only while the ship is at sea or plane is in flight, but
also during stopovers at ports or call);
4. Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article
32 of the Family Code (marriages in articulo mortis
between persons within the zone of military operations,
whether members of the arm forces or civilians);
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PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

5. Any consul-general, consul or vice-consul in the case
provided in Article 10 of the Family Code (Marriages
between Filipino citizens abroad).
“Filipino citizens abroad” means Filipinos permanently
residing abroad or who are mere transients or vacationists
there). If one of the parties is a foreigner, Art. 10 cannot
apply.
6. City mayors and municipal mayors (Sec. 455 and Sec. 444
of R.A. 7160);
7. Community elders, tribal leaders or authorities and
traditional socio political structures certified by NCIP or
authorities duly acclaimed and respected in the tribal
communities and registered in accordance with the
guidelines of OCRG on Solemnizing Officers (R.A. No. 8371).
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PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

8. Article 18 of Presidential Decree No. 1083 (Muslim
Personal Laws), marriage may be solemnized:
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is
competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of Shari'a
Circuit Court or any person designated by the judge,
should the proper wali refuse without justifiable reason,
to authorize the solemnization.
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MARRIAGE LICENSE
• It is an official document issued by the C/MCR that gives
authority to be married to each other in accordance with
the law.

Filing of Sworn Application

• Where the marriage license is required, each of the
contracting parties shall file separately a sworn application
for such license with the proper local civil registrar (Art. 11,
E.O. 209)
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MARRIAGE LICENSE
Issuance
• A marriage license shall be issued by the local civil
registrar of the city or municipality where either
contracting party habitually resides, except in marriages
where no license is required (Article 9, Family Code).
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MARRIAGE LICENSE
Requirements in filing
• Original birth certificates or, in default thereof,
• the baptismal certificates of the contracting parties or
• Copies of such documents duly attested by the persons
having custody of the originals. The signature and
official title of the person issuing the certificate shall be
sufficient proof of its authenticity (Art. 12 paragraph 1,
Family Code).
Note:
Presentation of birth/baptismal certificate is not required
if parents of the contracting parties appear personally
before the local civil registrar.
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MARRIAGE LICENSE
Requirements in filing
➢ If either of the contracting parties is unable to produce
his birth or baptismal certificate or a certified copy:
• Current residence certificate, or
• An instrument drawn up and sworn to before the local
civil registrar concerned or any public official authorized
to administer oaths.
Such instrument shall contain the sworn declaration of two
witnesses of lawful age, setting forth the full name, residence
and citizenship of such contracting party and of his or her
parents, if known, and the place and date of birth of such party.
The nearest of kin of the contracting parties shall be preferred
as witnesses, or, in their default, persons of good reputation in
the province or locality (Art. 12 paragraph 2, Family Code).
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MARRIAGE LICENSE
Requirements in filing
➢ In case either of the contracting parties has been
previously married
• Death certificate of the deceased spouse or
• Judicial decree of the absolute divorce, or
• Judicial decree of annulment or declaration of nullity of
his or her previous marriage.
In case the death certificate cannot be secured, the party
shall make an affidavit setting forth this circumstance and
his or her actual civil status and the name and date of
death of the deceased spouse (Article 13, Family Code).
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MARRIAGE LICENSE
Requirements in filing
Is there a reglementary period for a widow before she
could apply for a marriage license?
Article 351 of the Revised Penal Code (Premature Marriages)
states: “Any widow who shall marry within three hundred
and one days from the death of her husband, or before
having delivered if she shall have been pregnant at the
time of his death, shall be punished by arresto mayor and
fine not exceeding 500 pesos.”
The same penalties shall be imposed upon a woman
whose marriage shall have been annulled or dissolved, if
she shall marry before her delivery or before the
expiration of three hundred and one days after the legal
separation.
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MARRIAGE LICENSE
Requirements in filing
Is there a reglementary period for a widow before she
could apply for a marriage license?
Republic Act No. 10655 which was signed into law on 13
March 2015 (An Act Repealing the Crime of Premature
Marriage Under Article 351 of Act No. 3815, otherwise
known as the Revised Penal Code)
Section 1. Without prejudice to the provisions of the
Family Code on paternity and filiation, Article 351 of Act
No. 3815, otherwise known as the Revised Penal Code,
punishing the crime of premature marriage committed by
a woman is hereby repealed.
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MARRIAGE LICENSE
Requirements in filing

➢ In case either or both of the contracting parties, not

having been emancipated by a previous marriage, are
18 until the age of 21 (R.A. 6809)
• Parental consent
Either or both shall exhibit to local civil registrar, the consent
to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the
order mentioned.
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MARRIAGE LICENSE
Requirements in filing

Consent shall be manifested in writing by the interested

party, who personally appears before the proper local civil
registrar, or in the form of an affidavit made in the presence
of two witnesses and attested before any official authorized
by law to administer oaths. The personal manifestation
shall be attached to said application (Article 14, Family
Code)
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MARRIAGE LICENSE
Requirements in filing

➢ Any contracting party between the age of 21 and 25

• Parental Advice
Any contracting party shall be obliged to ask their parents
or guardian for advice upon the intended marriage. If they
do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months
following the completion of the publication of the
application thereof.
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MARRIAGE LICENSE
Requirements in filing

A sworn statement by the contracting parties to the effect

that such advice has been sought, together with the written
advice given, if any, shall be attached to the application for
marriage license. Should the parents or guardian refuse to
give any advice, this fact shall be stated in the sworn
statement (Article 15, Family Code).
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MARRIAGE LICENSE
Requirements in filing

➢ In the cases where parental consent or parental advice is

needed.
• Marriage counseling
Who will do the counseling?
• The priest or minister of the church or religious sect to
which the party concerned belongs, or a marriage
counselor duly accredited by the proper government
agency. (Art. 16, E,O. 209)
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MARRIAGE LICENSE
Requirements in filing
• The party or parties concerned shall attach a certificate to
the effect that they have undergone marriage counseling.
Failure to attach said certificate of marriage counseling shall
suspend the issuance of the marriage license for a period of
three months from the completion of the publication of the
application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of the
marriage (Article 16 paragraph 1, Family Code).
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MARRIAGE LICENSE
Requirements in filing

• Should only one of the contracting parties need parental

consent or parental advice, the other party must be present
at the counseling(Article 16 paragraph 2, Family Code).

Note: Another requirement for the issuance of a marriage

license is attendance of the family planning seminar
required by P.D. 965 with certain exceptions.
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MARRIAGE LICENSE
Requirements in filing

P.D. 965 - a decree requiring applicant for marriage license

to receive instructions on family planning and responsible
parenthood at the Office of Family Planning.
The Office of Family Planning is headed by the City or
Municipal Health Officer, assisted by members of the city or
rural health nurse, members of the city or rural health unit,
and such other personnel from the different agencies of the
government involved in the family planning program, who
perform family planning duties in addition to their regular
duties. Private entities or individuals duly accredited by the
Commission on Population engaged in family planning
activities may also be impressed into the service.
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MARRIAGE LICENSE
Enactment and implementation of Local law / ordinance
on pre-marriage counseling at LGUs
Example:
Asipulo, Ifugao enacted and implemented Reproductive Health
Ordinance, requiring all applicants for marriage to undergo pre-
marriage counseling (PMC) that includes instruction on family
planning and reproductive health. The law was enacted
consonant to PD. No. 965, the Family Code and R.A. 8972. The
Pre-Marriage Counseling Team (PMCT) is composed of the
MSWD Office as the Team Leader, Mun. Agriculture Office,
Municipal Nutrition Office, the religious sector, people’s
organizations and the Mun. Planning and Dev’t Office as
members. (http:www.ugnayan.com/ph/Ifugao/Asipulo/article/JSS)
MC No. 2019-05 dated 7 March 2019 (Revised Pre-Marriage
Orientation and Counselling (PMOC) Program Implementing
Guidelines of 2018)
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MARRIAGE LICENSE
Requirements in filing
➢ Either or both of the contracting parties are citizens of a
foreign country.
• certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials (Article 21
paragraph 1, Family Code).
Stateless persons or refugees from other countries shall, in
lieu of the certificate of legal capacity herein required,
submit an affidavit stating the circumstances showing such
capacity to contract marriage (Article 21 paragraph 2,
Family Code).
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MARRIAGE LICENSE

License of Filipino Abroad

• In case of marriages between Filipino citizens abroad, the

issuance of the marriage license and the duties of the
civil registrar and the solemnizing officer with regard to
the celebration of marriage shall be performed by the
Consul or Vice Consul (Art. 10, E.O. 209)
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MARRIAGE LICENSE
Requirements in filing
Memorandum Circular No. 2018-18 dated 14 December
2018 (Additional Requirements in the Application for
Marriage License if one/both of the contracting parties
was/were previously married)
The civil registrar shall require the payment of the fees
prescribed by law or regulations before the issuance of the
marriage license. No other sum shall be collected in the
nature of a fee or tax of any kind for the issuance of said
license. It shall, however, be issued free of charge to
indigent parties, that is, those who have no visible means
of income or whose income is insufficient for their
subsistence, a fact established by their affidavit or by their
oath before the local civil registrar (Article 19, Family
Code).
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MARRIAGE LICENSE
Notice of Positing
• The local civil registrar shall prepare a notice which shall
contain the full names and residences of the applicants
for a marriage license and other data given in the
applications. The notice shall be posted for ten
consecutive days on a bulletin board outside the office of
the civil registrar located in a conspicuous place within
the building and accessible to the general public. This
notice shall request all persons having knowledge of any
impediment to the marriage to advice the civil registrar
thereof. The marriage license shall be issued after the
completion of the period of publication (Article 17, Family
Code)
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MARRIAGE LICENSE
Notice of Positing
Example of case:
Facts: The notice of application for marriage license of
"Noy" and "Lanie" was posted in February 1, 2019.
In February 10, 2019, the LCR concerned issued
the marriage license to the couple.
Question: Is there substantial compliance with Art. 17 of
the Family Code?
Answer: There is no substantial compliance with the
required 10-day posting period as provided for by
Art. 17 of the Family Code.
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MARRIAGE LICENSE
Notice of Positing

How to compute the ten days posting?

• In computing a period, the first day shall be excluded and
the last day included. (Art. 13, Civil Code of the Philippines).
Example:
Mr. M and Miss W filed their applications for marriage
license on August 1, 1988 with the LCR of Manila. The
posting period of the application which is ten days shall be
from August 2, 1988 to August 11, 1988. In this case, the
date of issue is August 12, 1988 (OCRG Circular No. 3
Series of 1988).
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MARRIAGE LICENSE
Notice of Positing
• In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down
the particulars thereof and his findings thereon in the
application for a marriage license, but shall nonetheless
issue said license after the completion of the period of
publication, unless ordered otherwise by a competent
court at his own instance or that of any interested party.
No filing fee shall be charged for the petition nor a bond
required for the issuance of the order (Article 18, Family
Code).
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MARRIAGE LICENSE
Validity
• The license shall be valid in any part of the Philippines for
a period of one hundred twenty (120) days from the date
of issue, and shall be deemed automatically cancelled at
the expiration of the said period if the contracting parties
have not made use of it. The expiry date shall be
stamped in bold characters on the face of every license
issued (Article 20, Family Code)
The Family Code requires that that the expiry date of the
license must be stamped in bold characters on its face, so
that the parties will be fully aware of the expiration date.
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MARRIAGE LICENSE

Marriages Exempt from the License Requirement

1. In case either or both of the contracting parties are at the
point of death (Article 27).
2. If the residence of either party is so located that there is
no means of transportation to enable such party to
appear personally before the civil registrar (Article 28)
3. Marriages among Muslims or among members of the
ethnic cultural communities provided that they are
solemnized in accordance with their customs, rites and
practices (Article 33).
4. Marriage of a man and a woman who have lived together
as husband and wife for at least five years and without
any legal impediment to marry each other (Article 34).
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REGISTRATION OF APPLICATION FOR MARRIAGE LICENSE

• The local civil registrar concerned shall enter all

applications for marriage license filed with him in a registry
book strictly in order in which the same are received. He
shall record in said book the name of applicants, the date
on which the marriage license was issued, and such other
data as may be necessary (Article 25 of the Family Code).
• Forward the applications for marriage license to OCRG,
through its Provincial Offices (Memorandum Circular No.
2008-05).
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KINDS OF MARRIAGE

1. Valid Marriage - one which has all the essential and

formal requisites prescribed by law.

2. Void Marriage - a marriage that lacks any of the

essential and formal requisites.

3. Voidable Marriage - a marriage which contains all the

formal requisites of a valid marriage
but has some intrinsic defects in the
essential requisites.
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Void Marriages
Art 35. The following marriages shall be void from the beginning:
1. Those contracted by any party below eighteen years of age
even with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to
perform marriages 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;
3. Those solemnized without a license, except those allowed
by law;
4. Those bigamous or polygamous marriages;
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 Art. 53.
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Void Marriages
Art. 36. A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to
comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.
Art. 37. Marriages between the following are incestuous and
void from the beginning, whether the relationship between
the parties be legitimate or illegitimate:
1. Between ascendants and descendants of any degree; and
2. Between brothers and sisters, whether of the full or half-
blood.
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Void Marriages
Art. 38. The following marriages shall be void from the
beginning for reasons of public policy:

1. Between collateral blood relatives, whether legitimate or

illegitimate, up to the fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and
the adopted child;
6. Between the surviving spouse of the adopted child and
the adopter;
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Void Marriages
Art. 38. The following marriages shall be void from the
beginning for reasons of public policy:

7. Between an adopted child and a legitimate child of the

adopter;
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry
the other, killed that other person’s spouse, or his or her
own spouse.
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Grounds for Annulment

Art. 45. A marriage may be annulled The marriage may be
annulled for any of the following causes, existing at
the time of marriage:
1. (Lack of Parental consent) That the party in whose behalf
it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the
marriage was solemnized without the consent of the
parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the
other and both lived together as husband and wife.
2. (Insanity) That either party was of unsound mind unless
such party, after coming to reason, freely cohabited with
the other as husband and wife.
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Grounds for Annulment

3. (Fraud) That the consent of either party was obtained by fraud,
unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as
husband and wife.
What constitute fraud?
a. Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;
b. Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
c. Concealment of a sexually-transmissible disease, regardless of
its nature, existing at the time of marriage; or
d. Concealment of drug addiction, habitual alcoholism,
homosexuality, or lesbianism, existing at the time of the
marriage.
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Grounds for Annulment

4. That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
5. That either party was physically incapable of consummating
the marriage with the other, and such incapacity continues
and appears to be incurable; or
6. That either party was afflicted with a sexually-transmissible
disease found to be serious appears to be incurable.

Legal Separation - a remedy provided by law in which the

parties to an existing valid marriage are separated and
forbidden to live or cohabit together by judgment of a
court.
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Grounds for Legal Separation

1. Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child or a child
of the petitioner;
2. Physical violence or moral pressure to compel the petitioner
to change religious or political affiliations;
3. Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or
inducement;
4. Final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
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Grounds for Legal Separation

7. Contracting by the respondent of a subsequent bigamous

marriage, whether in the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the petitioner;
or
10. Abandonment of petitioner by respondent without
justifiable cause for more than one year.
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Foreign Marriages of Filipinos

• All marriages solemnized outside the Philippines in

accordance with the laws in force in the country where
they were solemnized and valid there as such, shall also
be valid in this country, except those prohibited under
Articles. 35 (1), (4), (5) and (6), 36, 37, and 38. (Art. 26,
E.O. 209)
Effect of divorce obtained abroad by an alien from his or
her Filipino spouse.
• Where a marriage between a Filipino Citizen and a
foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall likewise
have capacity to remarry under Philippine Law.
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Can a Filipino, after having been divorced by the

naturalized American, remarry under Article 26 of the
Family Code? Yes
Facts of the case:
In 1981, Cipriano Orbecido III married Mayros Villanueva,
both are Filipinos. In 1996, Ms. Villanueva left for the US
where she became a naturalized American citizen. In 2000,
Mr. Orbecido discovered that his wife obtained a decree of
divorce and subsequently married another man. Later, Mr.
Orbecido filed a petition in court to declare himself
capacitated to remarry under the Philippine Law. The Office
of the Solicitor General (OSG) opposed the petition citing
Art. 26(2) of the Family Code.
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Supreme Court Ruling

The reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at
the time when a valid divorce was obtained abroad by the
alien spouse capacitating the latter to remarry. It provided
that the two elements of the application of paragraph 2 of
Article 26 as follows:
“1. There is a valid marriage that has been celebrated
between a Filipino citizen and a foreigner.
2. A valid divorce is obtained abroad by an alien spouse
capacitating him/her to remarry”.(Memorandum Circular
No. 2007-003 re: SC decision on Art. 26 of E.O. 209 -
R.P. vs. Cipriano Orbecido III GR No. 154380, Oct. 5,
2005)
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
1. The applicant has a copy of the contract with fresh
signature of the parties, solemnizing officer and
witnesses, a registry number, and an indication that it was
previously accepted for registration by the civil registrar.
However, the LCRO has either copy of the said marriage
contract nor entry in the Registry of Marriages. Such
absence of record in the LCRO will create presumption
that the particular marriage was not registered.
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
What the civil registrar shall do:
• Determine the authenticity of the marriage contract.
Compare the signature of the solemnizing officer with the
signature appearing on the other marriage contract in the
same year in his file. If not similar, the marriage contract
in the possession of the applicant could be fake.
• Compare the signature of the civil registrar or of the civil
registry personnel who appeared in the marriage contract
as one who received it with the signature appearing on
the document on his file. If not similar, the marriage
contract in the possession of the applicant could be fake
and could have not been earlier received at the LCRO.
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
• Examine the registry number appearing on the marriage
contract and compare it with the series of registry
numbers used for the particular year.
• In any case, it is suggested that the concerned civil
registrar should verify first with the OCRG whether or not
a copy of the marriage contract exists in the latter’s
archive.
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
2. The applicant has a copy of marriage contract which is
merely machine-copied (xerox or photostat) and it is not
certified by authority as true copy of the original.

What the Civil Registrar shall do:

• Require the applicant to produce the original copy. If not
available, require the solemnizing officer or the secretary
of the church or office of the solemnizing officer to certify
as to the authenticity of the marriage contract.
• Follow the procedure outlined in No. 1.
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
3. Neither the applicant nor the solemnizing officer has a
copy of the marriage contract, but the information can be
extracted from the Register of Marriages of the latter’s
church or office.
• Require the applicants to obtain certification of marriage
from the church or office of the solemnizing officer as his
basis in reconstructing the marriage contract or
certificate of marriage of the parties.
Remarks:
Reconstructed on the basis of the attached certification
of marriage issued by (state the name of issuing officer)
on (state the date when the certification was issued).
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
4. Neither the applicant nor the solemnizing officer has a
copy of the marriage contract and there is no other record
from where the information about the marriage could be
obtained.
• The applicant shall be required to execute an affidavit of
marriage declaring thereon all information that are
needed in accomplishing the certificate of marriage. The
affidavit of marriage shall be attested to by at least two
persons who witnessed the performance of the
marriage or who in one way or another have personal
knowledge that the parties were really married.
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CIRCULAR NO. 96-1

Delayed registration based on the availability or non-
availability of certificate of marriage
• The affidavit shall be supported with documentary evidences
a) COLB of the children of the couple;
b) Previous years’ income tax returns;
c) Certificate of baptism of the couple’s children;
d) Title of properties; and
e) Other documents where facts of their marriage are
shown.
Remarks:
Reconstructed on the basis of the attached affidavit of
marriage executed by (state the name of the concerned
party or parties) on (state the date of execution).
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CIRCULAR NO. 96-1

In reconstructing the certificate of marriage in case
nos. 3 and 4 (supra), take note of the following:

• No information concerning the marriage shall be entered

by the civil registrar in the certificate of marriage unless are
taken from the sworn statements of the applicant.
• In case of information required in publishing the certificate
of marriage which are not available, like the marriage
license number including the date when it was issued or
the place where it was issued, the civil registrar should
indicate by way of marginal annotation that these
information are not available or could not be remembered
by the parties at the time of registration.
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CIRCULAR NO. 96-1

In reconstructing the certificate of marriage in case
nos. 3 and 4 (supra), take note of the following:

• All names of the parties, solemnizing officer, and witnesses

to marriage should be properly appropriately entered in the
certificate of marriage but none among them should sign
his or her name, and neither will the civil registrar prefix
(Sgd.) on the individual names. It would be sufficient for
the civil registrar to enter in the box for
Remarks/Annotation that the certificate is a reconstructed
one.
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CIRCULAR NO. 96-1

In reconstructing the certificate of marriage in case
nos. 3 and 4 (supra), take note of the following:

• The civil registrar shall attest the remarks by signing over

his printed name and indicating therein the date when the
certificate was reconstructed. The certification of marriage
or the affidavit of marriage, as the case may be, and the
reconstructed certificate of marriage shall be stapled
together permanently and shall constitute as the record of
marriage of the concerned husband and wife.
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REPUBLIC ACT NO. 9048

“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 First
Name or Nickname in the Civil Register Without Need
of Judicial Order, Amending for this Purpose Articles
376 And 412 Of The Civil Code Of The Philippines”
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REPUBLIC ACT NO. 9048

Amended by R.A. 9048 are following provisions

of the Civil Code

• Art. 376. No person can change his name or surname

without judicial authority.

• Art. 412. No entry in a civil register shall be changed

or corrected, without a judicial order.
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9048

• Approved by President Gloria Macapagal Arroyo on

22 March 2001
• Published in Malaya and Manila Times on 06 April 2001

• Became effective on 22 April 2001

• CRG to promulgate IRR not later than 3 months from

effectively date of the law
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Philippine Statistics Authority
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REPUBLIC ACT NO. 9048

Clerical or typographical error
• It is a mistake committed in the performance of clerical
work in writing, copying, transcribing or typing an entry
• It is visible to the eyes or obvious to the understanding
• It can be corrected or changed only by reference to other
existing record or records.
• The correction must not involve change of nationality,
age, status or sex of the petitioner
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REPUBLIC ACT NO. 9048

Change of First Name

➢ name or nickname given to a person which consist one

or two names in addition to the middle and last names
may be allowed on the following grounds:
1. The petitioner finds the first name or nickname to
be ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;
2. The new first name or nickname has been habitually
and continuously used by the petitioner and he has
been publicly known by the first name or nickname
in the community; or
3. The change will avoid confusion
Republic of the Philippines
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REPUBLIC ACT NO. 9048

Who May File the Petition?
➢ A person of legal age who must have direct and personal
interest in the correction of the 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 by himself cannot file a petition.
• Only the following persons are considered to have a direct and
personal interest in the correction of clerical or change of first
name:
1. Owner of the record
2. Owner’s spouse, children, parents, brothers, sisters,
grandparents, guardian, or any other person duly
authorized by law or the owner of the document sought to
be corrected.
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REPUBLIC ACT NO. 9048

Where to file the petition

• C/MCR where the record containing clerical error or

change of first name was registered

• Migrant petitioner within the Phil., C/MCR where the

petitioner is presently residing

• Migrant outside the Phil., may file with the Philippine

Consulate nearest to his resident.
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REPUBLIC ACT NO. 9048

Supporting Documents

Clerical Error:
• Certified copy of the document
• At least 2 public or private documents showing the correct
entry
• Notice of certificate of posting
• Other document relevant and necessary for the approval
Change of first name
• All clerical error requirements
• Clearance or certification of no pending administrative,
civil or criminal case/record from employer, NBI, PNP.
• Affidavit of publication from publisher
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REPUBLIC ACT NO. 9048

Filing Fee

• P1,000 for clerical error

• US$ 50 if filed with the Consul General

• P3,000 for change of first name

• US$ 150 if filed with the Consul General
• For Migrant Petitioner: additional service fee of
P500 for clerical error and P1,000 for change of
first name
• An indigent petitioner shall be exempt from the
payment of said fee.
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REPUBLIC ACT NO. 9048

Rule 12 of RA 9048 is not applicable IF the entry in the
Certificate of Birth is different from the entry in the
Certificate of Marriage.
✓ Rule 12 states that: “When the petition for a change of
first name is approved by the C/MCR or CG or D/CR
and such decision has not been impugned by the CRG,
the change shall be reflected in the birth certificate by
way of marginal annotation.
✓ In case there are other civil registry records of the same
person which are affected by such change, the decision
of approving the change of first name in the birth
certificate, upon becoming final and executory, shall be
sufficient to be used as basis in changing the first name
of the same person in his other affected records without
need for filing a similar petition Circular No. 04-08
issued on August 24, 2004.
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REPUBLIC ACT NO. 9048

Rule 12 of RA90 48 is not applicable IF the entry in
the Certificate of Birth is different from the entry in the
Certificate of Marriage.
✓ In such a case, the successful petitioner shall file
a request in writing with the concerned C/MCR,
CG or D/CR to make such marginal annotation,
attaching thereto a copy of the decision.
✓ This rule was further clarified by Memorandum
Circular 04-08 issued on August 24, 2004.
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PROCESSINIG OF DOCUMENTS AFFECTED BY RA 9048

Standard Annotation:

For change of first name

“Pursuant to the decision rendered by C/MCR <Name

of the C/MCR who approved the petition> dated
<date when the petition was approved by the
C/MCR> and affirmed by CRG under OCRG
no.<OCRG Number generated by OCRG> , the
child’s first name is hereby changed from <Name to
be changed> to <new name>.”
Republic of the Philippines
Philippine Statistics Authority
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PROCESSINIG OF DOCUMENTS AFFECTED BY RA 9048

Standard Annotation:

For correction of clerical error

“Pursuant to the decision rendered by C/MCR <Name

of the C/MCR who approved the petition> dated
<date when the petition was approved by the
C/MCR> and affirmed by CRG under OCRG no.
<OCRG Number generated by OCRG> the <Item
to be corrected> is hereby corrected from <original
entry of the item to be corrected> to <corrected
entry>.
Republic of the Philippines
Philippine Statistics Authority
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PROCESSINIG OF DOCUMENTS AFFECTED BY RA 9048

Requirements:

1. Approved petition for Correction of Clerical Error

or Change of First Name with C/MCR decision
2. Certificate of Finality
3. Action taken by the Civil Registrar General (CRG)
4. Annotated document
5. Un-annotated document

Must be certified true copies

Republic of the Philippines
Philippine Statistics Authority
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REPUBLIC ACT NO. 10172

• An Act further authorizing the City/Municipal Civil

Registrar of Consul General to correct clerical or
typographical errors in the day and month in the date of
birth or sex of a person appearing in the civil register
without need for judicial order.
• Republic Act No. 10172 amended Sections 1, 2, 5 and 8
of Republic Act No. 9048.

• The Rules and Regulations Governing the Implementation

of RA 10172 took effect on November 22, 2012.

What are the entries which cannot be corrected?

• Nationality, age and status of a person.
 Republic of the Philippines
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REPUBLIC ACT NO. 10172

Who may file the petition?

1. For correction of entry on the day and month in the date
of birth.
• Any person of legal age, having direct and personal
interest in the correction of a clerical or typographical
error in the day or month in the date of birth of a person
in the civil register.
A person is considered to have direct and personal interest
when:
➢ He is the owner of the record, the owner’s spouse,
parents, brothers, sisters, grandparents, guardian, or
any person duly authorized by law or by the owner of
the document sought to be corrected.
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REPUBLIC ACT NO. 10172

Who may file the petition?

1. For correction of entry on the day and month in the date
of birth.
• When a person is a minor or physically and mentally
incapacitated, the petition may be filed in his behalf
by his spouse, or any of his children, parents,
brothers, sisters, grandparents or persons duly
authorized by law.
2. For correction of a clerical or typographical error in sex.
• The petitioner affected by such error shall personally
file the petition with the civil registry office where the
birth certificate is registered.
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REPUBLIC ACT NO. 10172

Where to file the petition for correction?

1. For correction of entry on the day and month in the date
of birth.
• May be filed with the C/MCR of the city or municipality
or the Philippine Consulate where the birth record
was registered.
• When the petitioner had already migrated to another
place within the Philippines, the petition may be filed with
the C/MCR of the place where the petitioner is residing.
• Any person whose birth record was reported abroad and
presently residing in the Philippines, the petition may be
filed with the C/MCR of the place of residence following
procedure of migrant petition.
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REPUBLIC ACT NO. 10172

Where to file the petition for correction?

1. For correction of entry on the day and month in the date
of birth.
• Any person whose birth record was registered in the
Philippines, or in any Philippine Consulate, but who is
presently residing abroad, may file the petition with the
nearest Philippine Consulate.
2. For correction of clerical and typographical error in the
entry of sex.
• The petition shall be filed, in person, with the C/MCR or
Philippine Consulate, where the record to be corrected is
required.
Note: Migrant petition not allowed
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REPUBLIC ACT NO. 10172

Supporting documents

1. Certified true copy of the birth certificate or certified

transcription or the certified true copy of the registry book
containing the entry or entries sought to be corrected.
2. Earliest school record or earliest school documents.

3. Medical records.
4. Baptismal certificate and other documents issued by
religious authorities.
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REPUBLIC ACT NO. 10172

Supporting documents

5. Clearance or a certification that the owner of the document has

no pending administrative, civil or criminal case, or no criminal
record, which shall be obtained from the following:
• Employer, if employed or Affidavit of Non-Employment, if not
employed
• National Bureau of Investigation; and
• Philippine National Police
6. Notice or Certificate of Posting (posting for 10 consecutive
days)
• Memorandum Circular 2021-02 dated 24 February 2021
(Reiteration of the 10-day Posting Period for Petitions Filed
Pursuant to Republic Act Nos. 9048 and 10172 Petitions)
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REPUBLIC ACT NO. 10172

Supporting documents
7. Proof of Publication – published in a newspaper of
general circulation at least once a week for 2 consecutive
weeks
• Copy of the newspaper clipping of the published petition
• Affidavit of publication from the publisher
8. Medical certification issued by an accredited government
physician that the petitioner had not undergone sex
transplant (in the case of correction of sex) which shall be
issued a Certificate of Authenticity by the C/MCR.
9. Other documents which the petitioner, or the C/MCR. or
the Consul General may consider relevant and necessary
for the approval of the petition.
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REPUBLIC ACT NO. 10172

Fees to be collected

• P 3,000.00 for petition to correct the day and month in the

date of birth or sex.

• An indigent petitioner shall be exempt from the payment of

said fee.

• $ 150.00 (US dollars) or its equivalent value in the local

currency if petition is filed with the Consul General.

• P1,000.00 service fee is collected by the Petition Receiving

Civil Registrar (PRCR) in the case of migrant petition.
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PROCESSING OF DOCUMENTS AFFECTED BY RA 10172

Standard Annotation:

For correction of clerical error

“Pursuant to the decision rendered by C/MCR <Name

of the C/MCR who approved the petition> dated
<date when the petition was approved by the
C/MCR> and affirmed by CRG under OCRG no.
<OCRG Number generated by OCRG> the <Item
to be corrected> is hereby corrected from <original
entry of the item to be corrected> to <corrected
entry> pursuant to RA 10172
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PROCESSING OF DOCUMENTS AFFECTED BY RA 10172

Standard Annotation:
For correction of clerical error of entry in sex

“Pursuant to the decision rendered by C/MCR <Name of

the C/MCR who approved the petition> dated <date
when the petition was approved by the C/MCR> and
affirmed by CRG under OCRG no. <OCRG Number
generated by OCRG> the child’s sex is hereby
corrected from “___” to “____” pursuant to RA 10172
• Memorandum Circular No. 2020-11 dated 29 June
2020 (Rules Pertaining to the Standard Annotation that
shall be entered on Affected Civil Registry Documents
through Republic Act 9048, and Republic Act 10172
Petitions)
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PROCESSING OF DOCUMENTS AFFECTED BY RA 10172

Requirements:

1. Approved petition for Correction of Sex/Month or

day of birth with C/MCR decision
2. Certificate of Finality
3. Action taken by the Civil Registrar General (CRG)
4. Annotated document
5. Un-annotated document

Must be certified true copies

Republic of the Philippines
Philippine Statistics Authority
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REPUBLIC ACT NO. 11222

• Republic Act No. 11222 (R.A. 11222) entitled, “An Act

Allowing the Rectification of Simulated Birth Records
and Prescribing Administrative Adoption Proceedings for
the Purpose”, was signed into law on 21 February 2019
and took effect on 29 March 2019, fifteen days after its
publication in the Official Gazette.
• Its Implementing Rules and Regulations (IRR) was
approved on 7 October 2019 and took effect on 10
December 2019 and will remain in effect until 29 March
2029. Its Implementing Rules and Regulations (IRR) was
approved on 7 October 2019 and took effect on 10
December 2019 and will remain in effect until 29 March
2029.
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REPUBLIC ACT NO. 11222

Coverage
• This law applies to children who have been living with or
under the custody of the PAPs for at least three (3) years
before 29 March 2019 and they have simulated the birth
record of the said child prior to the effectivity of the Act.

• The petition for Administrative Adoption with Application

for Rectification of Simulated Birth Record is to be filed
from 29 March 2019 to 29 March 2029 at the concerned
Social Welfare and Development Office (SWDO) of the
city or municipality where the child resides.
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REPUBLIC ACT NO. 11222

In the implementation of R.A. 11222, the following are covered
by the law:
1. Administrative adoption of non-relative child;
2. Administrative adoption of a relative child within the fourth
(4th) degree of affinity or consanguinity;
3. Administrative adoption of an adult, who is consistently
considered and treated as daughter or son since birth or
minority;
4. Administrative adoption where the Petition for Cancellation of
Simulated Birth Certificate or Petition for Administrative
Adoption with Cancellation of Simulated Birth Certificate is
pending in court in accordance with Section 38 of the IRR of
R.A. 11222; or
5. Other analogous circumstances as may be determined by
the Secretary of the DSWD.
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REPUBLIC ACT NO. 11222

Exclusions:

1. Rectification or Correction of entries, i.e. to reflect the name

of the biological parent/s in the birth certificate;
2. Administrative adoption by the relatives of the deceased
person(s) who simulated the birth of a child or person;
3. Administrative adoption by person(s) other than the parent(s)
named in the simulated birth certificate; or
4. Administrative adoption of a child by the purported father
only; when the mother named in the birth certificate is the
biological mother of such child.
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REPUBLIC ACT NO. 11222

Who May File

It shall be the duty of the DSWD Regional Director or his/her

duly authorized representative to register the Order of
Administrative Adoption, with the Certificate of Finality, to the
LCRO of the city or municipality where child was born or found,
within thirty (30) days after the order has become final.
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REPUBLIC ACT NO. 11222

Who May File

If it is the Petitioner(s) or his/her authorized representative who shall

register the Order of Administrative Adoption other than the DSWD
Regional Office, the concerned civil registrar shall verify the
authenticity of the submitted Order of Administrative Adoption based
on the following:
1. Received certified copy of the said Order of the Administrative
Adoption previously endorsed by the DSWD Regional Office, if
available; or
2. Certification or letter coming from the concerned DSWD Regional
Office confirming the authenticity of the Order; or
3. Copy of the Order of the Administrative Adoption either through the
PSA Central Office (CO) based on the received electronic copy
from the DSWD Secretary or the submitted copy from the DSWD
Regional Office.
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REPUBLIC ACT NO. 11222

When to register
The Order of Administrative Adoption with Draft Rectified Birth
Record and Draft New Certificate of Live Birth issued by the
DSWD Secretary shall be registered within 30 days from the
date of issuance of the Certificate of Finality.

Where to register
The Order of Administrative Adoption and its corresponding
Certificate of Finality shall be registered at the LCRO of the city
or municipality where the child subject of the administrative
adoption was born or found,
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REPUBLIC ACT NO. 11222

Socialized Fees

• Under Section 27 of the IRR of RA 11222, the Local Civil

Registry Office may charge socialized fees in an amount not
exceeding One Thousand Pesos (Php1,000.00) for the
processing and registration of the Order of Administrative
Adoption and issuance of the new COLB.

• Fees shall be waived if the petitioner(s) is/are found to be

indigent as prescribed in the IRR of RA 11222.
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Memorandum Circular 91- 6

Wrong place of registration of vital event. What should
the LCR do?
The LCR of the place where the vital event was wrongly
registered should negotiate with the LCR where it should be
transferred following the guidelines:
1. In case the original copy is still available, the same should
be the document to be transferred.
Remarks: “Transferred to the LCR of _______ on _(state
date)_ in accordance with Circular No. 91-6”.
• The LCR should sign his name after the remarks.
• The receiving LCR should acknowledge the receipt of the
document by means of a rubber stamp or by simply writing
“Received”, the date of receipt and affixing his signature.
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Memorandum Circular 91- 6

Wrong place of registration of vital event. What should
the LCR do?
2. In case the original copy is no longer available.
• The LCR may reconstruct the document by getting the
information from the Register of Birth/Marriage/Death or
prepare certified true transcription from the register.
Remarks: “Reconstructed from the Register of
Births/Marriages/Deaths and transferred to the LCR of ______ on
_(state date)_ in accordance with Circular No. 91-6” or
“Certified true transcription from the Register of
Births/Marriages/Deaths, Book __, Page __, and transferred to the
LCR of ____ on (state date)_ in accordance with Circular No. 91-6”.
• The LCR where the document is transferred should
acknowledge receipt.
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Memorandum Circular 91- 6

Wrong place of registration of vital event. What should
the LCR do?
• The transfer should be supported by at least four copies:
1st copy to LCR where it should be transferred, 2nd copy to
the LCR where it came from, 3rd copy to the CRG; 4th copy
to the interested party.
• The LCR where the document is transferred shall keep and
maintain a separate file or folder of the document which
may be transferred to him from different cities and
municipalities.
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Memorandum Circular 91- 6

Wrong place of registration of vital event. What should
the LCR do?
• In issuing a certification, the LCR should always include
in the following Remarks:
“Wrongly registered in __________, but the record was
transferred to _________ on _(state the date)_ in
accordance with Circular No. 91-6”

• The LCR where the document came from should desist

from issuing any certification as soon as the transfer is
made except upon order of the court or of the CRG.
Likewise, exert effort to inform the party concerned of the
transfer.
 Republic of the Philippines
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ENDORSEMENT PROCEDURES
Procedures for Electronic Endorsement of vital events
that are negative at NSO (now PSA) but have a record at
the LCRO
Endorse the following documents to Census Serbilis Center
– Bangued, Abra:
1. For documents registered prior to 1995
• Certified photo copy of the document provided that the
entries of the LCRO copy and the registry book are still
legible,
• Certified transcription based on the entries of the
registry book issued to “NSO-OCRG”. if the entries of
the LCRO copy are no longer legible/or the only source
of information is the registry book.
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ENDORSEMENT PROCEDURES
Procedures for Electronic Endorsement vital events that
are negative at NSO (now PSA) but have a record at the
LCRO
2. For documents registered 1995 onwards
• Certified True Copy of the LCRO copy, be it Certified
Machine Copy or Certified Typewritten Copy using the
form with the mark “Copy for OCRG”, whichever is
applicable.

3. Original Negative Certification issued by NSO (now

PSA).
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ENDORSEMENT PROCEDURES
Procedures for Electronic Endorsement of Vital Events
that are not yet submitted to OCRG
1. The document to be endorsed is still with the LCRO
where the event was registered.
• LCRO shall endorse the document to the nearest
(most accessible) Servicing Outlet.
2. The document that needs to be endorsed is already with
the NSO (now PSA) Provincial Office.
• NSO (now PSA) Provincial Office shall endorse the
document to the nearest (most accessible) Servicing
Outlet, if said NSO (now PSA) Provincial Office is not a
servicing Outlet.
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ENDORSEMENT PROCEDURES
Procedures for Electronic Endorsement of Vital Events
that are not yet submitted to OCRG
• If the concerned NSO (now PSA) Provincial Office is a
Servicing Outlet, said NSO (now PSA) Provincial Office
shall be responsible in the online endorsement of the
document using the Electronic Endorsement Process.
• Memorandum dated 6 May 2008 (Electronic
Endorsement)
• Memorandum Circular No. 2016-23 dated 22 February
2016 (Guidelines on the Preparation of Certified
Transcription ((CR Form No. 1A (Birth-available); CR
Form No. 2A (Death-available) and CR Form 3A
(Marriage-available)
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ENDORSEMENT PROCEDURES
How to endorse
• Document shall be sealed in an envelop, then send to
the nearest Servicing Outlet through any of the following:
a. Authorized liaison officer of the LCRO or NSO (now
PSA).
b. Courier services
c. Postal Mail
• For some practical reasons, LCROs may still send
endorsements to OCRG when necessary.
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Memorandum Circulars

• MC 2010-04 (Guidelines in the Correction of Entries in the

Geographic, Statistical Portion and or Registry Number of Civil
Registry Documents)
• MC 2020-28 (New Rules on the Use of Middle Name)

• MC 2021-22 (Change of Surname of a Legitimate Child)

• OM 2021-64 (Query Guide in the Verification of Application for
Issuance of CENOMAR)
 Republic of the Philippines
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SERVICES
• COPY ISSUANCE of birth, death and marriage documents
and Certificate of No Marriage Record (CENOMAR)/
Advisory of Marriage.
• AUTHENTICATION of documents issued by C/MCR (for
records not yet in the database and negative find).
• ELECTRONIC INDORSEMENT – process by which copies
of registered documents not found in the PSA database or
archives are electronically forwarded to PSA-OCRG.
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SERVICES
Where to request SECPA (in Security
Paper) copy of civil registry documents?

• PSA Helpline Plus (Call 02-737-1111)

• e-Census.com.ph
• Census Serbilis Centers - 49 CRS Outlets
nationwide
• Batch Request System (BREQS) Outlets
- some PSA Provincial Offices, LGU-
BREQS partners and PSA-Authorized
institutions/establishments)
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SERVICE FEES (CRS Outlets)

P155/copy – converted birth/death/marriage
documents (while-you-wait)
P155/copy–unconverted documents;
at least 4-weeks processing
P210/copy- CENOMAR (within the day)

SERVICE FEES (BREQS)

P155 + service charge/copy – converted
birth/death/marriage documents – number of
days for the waiting period varies per BREQS
outlet
45 days waiting period for unconverted documents
P210 + service charge/copy- CENOMAR – number of
days for the waiting period varies per BREQS
outlet
Republic of the Philippines
Philippine Statistics Authority
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PROCESS
Secure Application Form

Fill up Application Form

Screener checks entries

Payment of service fees

Release of document
Republic of the Philippines
Philippine Statistics Authority
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A pleasant day to all!

References:
1. Administrative Order No. 1 Series of 1993
2. Manual of Instructions on Civil Registry Forms: Accomplishment and Coding
3. Administrative Order No. 3, Series of 2004
4. Implementing Rules and Regulations of RA 9255, RA 9858, RA 9048 and RA 10172
5. Handbook on the Family Code of the Philippines by Alicia V. Sempio-Diy
6. Lecture on Civil Registration Laws, Principles and Services
7. Training on Processing of Documents Affected by Legal Instruments, Court Decrees, RA
9048/RA 10172 and Supplemental Reports