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Civil Registration Facts

What is Vital or Civil Registration?

Vital or Civil Registration is the recording in the appropriate civil registers, vital acts and events that affect the civil status of individuals.

What is vital acts and events?

Vital acts and events are the births, deaths, fetal deaths, marriages, and all such events that have something to do with an individual's entrance and departure from life together with the changes in civil status that may occur to a person during his lifetime.

What is a Registry Number?

Registry number is the sequential number indicating the order by which the document for registration is entered in the appropriate civil registry book.

What is Delayed Registration?

An act of registering a vital event that is made beyond the reglementary period of registration.

What is Live Birth?

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

Can a fetus with an intra-uterine life of less than 7 months be registered as live birth?

If a fetus had an intra-uterine life of less than seven (7) months it is not deemed born if it dies within twenty-four (24) hours after its complete delivery from the maternal womb (Article 41, R.A. 386). For statistical purposes, a Certificate of Live Birth (COLB) shall be prepared in duplicate, a copy shall be forwarded to the office of the Civil Registrar-General and the other for Civil Registrars file. (22:3a)

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

What are the reglementary period and Place of Registration of Births?

The birth of a child shall be registered within thirty (30) days from the time of birth at the Local Civil Registry Office of the city/municipality where the birth occurred.

Who are responsible to report the occurrence of birth to the Local Civil Registry Office?
  1. When the birth occurred in the hospital or clinic or in a similar institution, the administrator thereof shall be responsible in causing the registration of such birth. However , the attendant at birth shall certify the facts of birth.

  2. When the birth did not occur in the hospital or clinic or in a similar institution, the physician, nurse, midwife, 'hilot' or anybody who attended the delivery of the child shall be responsible both in certifying the facts of births and causing the registration of such birth.

  3. In default of the hospital/clinic administrator or attendant at birth, either parents of the child shall cause the registration of the birth.

  4. When the birth occurs aboard a vehicle, vessel, or airplane while in transit, registration of the said birth shall be a joint responsibility of the driver, captain or pilot and the parents, at the case maybe.

What are the exceptional cases for the place of registration of birth?
  1. When a child is born aboard a vehicle, vessel or airplane while in transit within Philippine territory and the exact place of birth could not be ascertained, the birth shall be recorded in the civil register of the city or municipality of the mother�s destination or where the mother habitually resides;

  2. When the child is born aboard a vessel or airplane en route to the Philippines, the birth shall be recorded in the civil register of the city or municipality where the mother habitually resides, if she is a resident of the Philippines and if either the father or the mother or both parents are citizens of the Philippines. When the parents are both foreigners but not residents of the Philippines, the birth may be recorded in the civil register of Manila, if they so desire;

  3. For delayed registration of events where the city/municipality has been divided or integrated, the registration of birth shall be made in the mother city/municipality, which has jurisdiction over the reported place of occurrence of birth.

What is an out-of-town reporting of Birth?

It is a reporting of birth that occurs when the Certificate of Libe Birth (COLB) is presented to the civil registrar of a city or municipality which is not the place of birth, not for registration but to be forwarded to the civil registrar of the city/municipality where the birth occurred and where it should be registered

Who else can accept an out-of-town reporting of Birth?

Out-of-town reporting of birth may also be performed by the Civil Registrar-General or by his authorized representatives who are the Regional Directors and Provincial Statistical Officers of the Philippine Statistics Authority (PSA).

Who can apply for a person's birth certificate?
  1. The concerned person himself, or any person authorized by him

  2. His spouse, his parent or parents, his direct descendants, or guardian of institution legally in-charge of him, if he is a minor

  3. The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child's parents or other circumstances surrounding his birth- and

  4. In case of person's death, the nearest relative or kin.

What is Death?

Death is a permanent disappearance of all evidence of life at any time after live birth has taken place (postnatal cessation of vital functions without capability of resuscitation). (U.N. Statistical Commission).

Can an intra-uterine life of less than 7 months be registered as Death?

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

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

What are the reglementary period and Place of Registration of Death?

Registration of death shall be made in the office of the Civil Registrar of the city/municipality where the death occurred within thirty (30) days from the time of death. (Sec. 5, P.D. 651)

What are the exceptional cases for the place of registration of death?
  1. The death of a person in a vehicle, airplane or vessel while in transit within the jurisdiction of the Philippines and where the exact place of death cannot be determined, the Certificate of Death shall be registered at the Local Civil Registry Office (LCRO) of the city/municipality of the place of burial/cremation. If the place of burial/cremation is outside the Philippines, the death shall be registered at the Local Civil Registry Office (LCRO) of Manila.

  2. When a citizen of the Philippines dies aboard a vessel or airplane en route to the Philippines and the exact place of death cannot be ascertained, the death shall be registered at the Local Civil Registry Office of the city/municipality where the person habitually resides before his death, if he was a resident of the Philippines.

    If the deceased is a foreigner and a resident of the Philippines, the death shall be registered at the Local Civil Registry Office where the deceased habitually resides.

    If the deceased is a foreigner and not a resident of the Philippines, his death shall be registered at the Local Civil Registry Office of Manila.

  3. The death of a person in a vehicular accident, airplane crash, or shipwreck within the jurisdiction of the Philippines and the site of the accident or the place where the victim was found cannot be determined, a Certificate of Death shall be issued by the health officer of the place of burial and shall be registered at the Local Civil Registry Office of the said city/municipality.

  4. The death of a person aboard a vessel in the high seas shall be registered at the Local Civil Registry Office of the place of burial upon presentation of a Certificate of Death issued by the Health Officer of the said place, or by the ship doctor, if any. Otherwise, the ship captain shall issue and cause the registration of the death certificate.

  5. If the person is buried or drowned in the high seas, or for any other reason, the body was not recovered- registration shall be made at the Local Civil Registry Office of the place of last known address of the deceased in the Philippines.

    If the deceased is not a resident of the Philippines, the registration shall be made at the Local Civil Registry Office of Manila. The ship doctor or the ship captain or the health officer, in the exercise of his wise discretion, may issue and cause the registration of the death certificate.

  6. In case of mass death where several persons died due to natural calamities, accidents, epidemic, etc., the health officer may issue and cause the registration of the death certificates at the Local Civil Registry Office where the mass death occurred.

Who are responsible to report the event of death?
  1. It shall be the responsibility of the physician who last attended the deceased or the administrator of the hospital or clinic where the person died to prepare the proper death certificate and certify as to the cause of death. The death certificate shall then be forwarded within forty-eight (48) hours after death, to the health officer who shall examine the Certificate of Death and then affix his signature in the appropriate box and shall order its registration in the Office of the Civil Registrar.

  2. It shall be the responsibility of the nearest relative or person who has knowledge of the death to report the same within forty-eight (48) hours if the deceased died without medical attendance. The health officer shall examine the deceased and shall certify as to the cause of death and direct the registration of the death certificate to the Office of the Civil Registrar within the reglementary period of thirty (30) days.

  3. Where death occurs in a vehicle/vessel/airplane, the driver/ship captain/pilot, as the case maybe, shall report such death to the concerned health officer. In accidents where there are no survivors, it is the responsibility of the owner of the vehicle/vessel/airplane to make the report of death.

  4. In the absence of a health officer or his authorized representative in the place of registration, or when it is a non-working day and the health officer or his authorized representative is not expected to be in his office, the death should be reported within forty-eight (48) hours after its occurrence by the nearest kin of the deceased or by any person having knowledge of the death to the mayor, municipal secretary, who shall issue the Certificate of Death for burial purposes.

  5. The mayor, any member of the Sangguniang Bayan or the municipal secretary, as the case may be, shall sign the medical certification portion of the Certificate of Death, and the same shall be accepted for registration by the civil registrar concerned, provided that the Certificate of Death and the Register of Deaths shall carry a remark that registration was made pursuant to Section 91 of P.D. No. 856.

What is an out-of-town reporting of Death?

It is a reporting of death that occurs when registration is not possible in the place of death and the Certificate of Death was presented to the civil registrar of the city or municipality other than the place of death, it shall be accepted by the civil registrar not for registration but to be forwarded to the civil registrar of the city or municipality, where the death occurred, for registration.

Out-of-town reporting may also be performed by the Civil Registrar-General or by his authorized representatives who are the Regional Directors and Provincial Statistical Officers of the PSA

What is Mass death?

Mass death occurs when several persons die due to natural calamities, accidents, epidemics etc. When the deceased cannot be identified, the health officer, upon submission of an affidavit by two disinterested persons, in the exercise of his wide discretion, may issue and cause the registration of the death certificate bearing the annotation 'Body Not Identified'

What information shall the affidavit contain for cases of Mass death?

The affidavit referred to in the aforementioned statement shall contain the following information:

  • sex of the deceased;

  • estimated age;

  • distinguishing features;

  • condition of the body when found;

  • date when the body was found;

  • place where the body was found; and

  • circumstances surrounding the death.

What is Marriage?

'Marriage' is defined as 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 incidence are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided in the Family Code of the Philippines.'

What are the reglementary period and Place of Registration of Death?

In ordinary marriage, the time for submission of the Certificate of Marriage is within fifteen (15) days following the solemnization of marriage while in marriages exempt from license requirement, the prescribed period is thirty (30) days, at the place where the marriage was solemnized

Who is responsible to report the marriage event?

The solemnizing officer has the duty to report the marriage to the Office of the Civil Registrar where marriage was solemnized

What marriages are exempted from Marriage License?

Marriage that was solemnized in accordance with Executive Order No. 209 Marriage that was solemnized in accordance with P.D. 1083 or Code of Muslim Personal Laws.

What specific Articles in EO 209 are exempted from Marriage License?
Article 27 In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without the necessity of a marriage license and shall remain valid even if the ailing party subsequently survives;
Article 28 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 local civil registrar, the marriage may be solemnized without the necessity of a marriage license;
Article 33 Marriage among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of a marriage license, provided they are solemnized in accordance with their customs, rites or practices; and
Article 34 No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five (5) years and without any legal impediment to marry each other.

Rules and Regulations Governing Registration of Acts and Events Concerning Civil Status of Muslim Filipinos

 

Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2005

Pursuant to Section 2 of Act No. 3753, otherwise known as the Civil Registry Law of the Philippines, which took effect on 27 February 1931, in conjunction with Section 3, Executive Order No. 157 (E.O. 157), Establishing a Civil Registration System for Muslim Filipinos, and Chapters 1 and 2, Title VI, Book II of Presidential Decree No. 1083 (P.D. 1083), also known as the Code of Muslim Personal Laws of the Philippines, which took effect on 4 February 1977, the following rules and regulations are hereby promulgated for the information, guidance and compliance of all concerned.

PRELIMINARY STATEMENT

Administrative Order No. 2, Series of 1993 (AO No. 2, S. 1993) is hereby revised to provide a more responsive civil registration system for Muslim Filipinos whether residing here or abroad.

The head of the National Statistics Office is the Civil Registrar General (CRG). The City/Municipal Civil Registrar (C/MCR) is in charge of recording birth, marriage, death and other registrable acts and events occurring among the Muslims in cities and municipalities and is appointed by the Mayor in accordance with the Local Government Code of 1991 and/or the ARMM Local Government Code. For Muslim marriage, divorce, revocation of divorce and conversion to Islam, recording thereof is the responsibility of the Clerk of Court of the Shari'a Circuit Court hereinafter referred to as Circuit Registrar (Article 83, P. D. 1083). All judicial decrees and legal instruments concerning civil status of Muslim Filipinos issued by the Shari'a Court shall be registered in accordance with AO No. 1, S. 1993 and this Order.

Rule 1. Civil Registration System for Muslim Filipinos

Executive Order No. 157 issued on February 15, 1994 by the President of the Republic of the Philippines established the Civil Registration System for Muslim Filipinos.

Rule 2. Definition of Terms:

As used in these rules:

  1. Muslim is a person who testifies to the oneness of GOD and the Prophethood of Muhammad (Peace Be Upon Him) and professes Islam.
     

  2. Muslim Personal Law includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance and property relations between spouses as provided for in the Muslim Code (P.D. 1083). 
     

  3. Muslim Laws refer to all the ordinances and resolutions governing Muslims as found principally in the Qur'an and the Hadith. 
     

  4. Ada means customary law. 
     

  5. Circuit Registrar is the Clerk of the Shari'a Circuit Court acting in the performance of their function under Title VI, Book II of P.D. 1083 and this Order. 
     

  6. District Registrar is the Clerk of the Court of the Shari'a District Court acting in the performance of their function under Title VI, Book II of P.D. 1083 and this Order. 
     

  7. Idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the completion of which shall enable her to contract a new marriage. 
     

  8. Talaq is the repudiation of the wife by the husband. 
     

  9. Tafwid is the exercise by the wife of the delegated right to repudiate. 
     

  10. Wali is the guardian in marriage. 
     

  11. Muslim Code refers to Presidential Decree No. 1083 (P.D. 1083).

Rule 3.   Registrable Acts and Events Concerning Civil Status of Muslim Filipinos

The following acts and events concerning civil status of Muslim Filipinos shall be recorded in the appropriate civil registry book:

  1. Acts and events enumerated under Rule 7 of AO No. 1, S. 1993 insofar as they are applicable to Muslim Filipinos; and
     

  2. Muslim marriages, divorces, revocation of divorces, conversion to Islam, and other registrable documents.

Rule 4.   Registry Book

The Circuit Registrar shall keep and preserve in his office the following registry books:

  1. Register of Muslim Marriages;

  2. Register of Muslim Divorces;

  3. Register of Revocation of Muslim Divorces;

  4. Register of Conversion to Islam;

  5. Register of Legal Instruments; and

  6. Register of Court Decrees/Orders

Rule 5.   Civil Registration Forms

    1. Documents presented before the C/MCR for registration of vital events of Muslim Filipinos are the following:
        

      • Accomplished Certificate of Live Birth and attachment

      • Accomplished Certificate of Death and attachment

      • Accomplished Certificate of Marriage with attachment if the marriage was performed in accordance with P.D. 1083 and there is no Shari'a Court in the place where the marriage was solemnized.


        
    2. Documents presented before the District/Circuit Registrar are the following:


  1.   
    • Accomplished Certificate of Marriage and attachment

    • Accomplished Certificate of Divorce

    • Accomplished Certificate of Revocation of Divorce

    • Accomplished Certificate of Conversion to Islam

Rule 6.   Applicability

This Order shall apply in all cities and municipalities in the Philippines where acts and events concerning civil status of Muslim may occur. However, in cases where the act or event occur in a foreign country, the same shall be governed by Rule 10 of AO No. 1, S. 1993, and other applicable laws taking into consideration the beliefs, customs and practices of Muslims thereat. In addition, the duty of the C/MCR or the Circuit Registrar insofar as civil registration is concerned may be performed by the authorized official of the Philippine Foreign Service Establishment.

Rule 7.   Registration of Births

Registration of births of Muslim Filipinos shall be governed by pertinent provisions of AO No. 1, S. 1993 and supplemented by the following specific rules:

  1. Regardless of the period of intra-uterine life of the fetus when born alive, however briefly, the birth of the child shall be recorded in the Register of Births as a live birth. 
     

  2. The first name of the father or the surname of either the father or the mother may be used as the child's last name subject to Islamic or Muslim Law or Ada (customary laws). 
     

  3. Upon receipt of the Certificate of Live Birth or COLB (Municipal Form 102, revised January 1993), the C/MCR shall examine Item No. 15 (Religion of the Father). In case the entry therein is "Islam", the C/MCR shall accomplish Municipal Form 102 and require the informant to give the following data in the Attachment: Name of child, date of birth in the Hijrah calendar and its equivalent in Gregorian calendar and the ethnic affiliation of parents. 
     

  4. Municipal Form No. 102 and the attachment shall be permanently kept together and shall constitute the record of birth.

Rule 8.   Registration of Deaths

Registration of deaths of Muslim Filipinos shall be governed by the pertinent provisions of AO No. 1, S. 1993 and supplemented by the following specific rules:

  1. In accordance with the Islamic law and jurisprudence, the dead body shall be buried as soon as possible even without the certificate of death; provided that the death shall be reported by the person who performed the burial rites (or by the nearest kin) within forty-eight (48) hours after the date of burial to the local health authority who shall certify the cause of death. In the absence of the health officer or his authorized representative, the death shall be reported to the Mayor or any member of the Sangguniang Panlungsod/Bayan, or the Municipal Secretary as the case may be, who shall certify as to the possible cause of death. 
     

  2. Upon receipt of the Certificate of Death (Municipal Form 103, revised January 1993), the C/MCR shall examine Item No. 3 (Religion). In case the entry therein is "Islam", the C/MCR shall require the informant to accomplish or to give the following data in order to accomplish Municipal Form 103 Attachment: name of the deceased including Haj name if any, date of birth, name of the person who performed the burial rites and the name of the surviving spouse(s). 
     

  3. Municipal Form No. 103 and the attachment shall be permanently kept together and shall constitute the record of death.

Rule 9.   Registration of Marriages

Registration of marriages among Muslim Filipinos shall be governed by the following rules:

  1. Marriage (Nikha) among Muslim Filipinos is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by P.D. 1083 and the Shari'a, and are not subject to stipulations, except that the marriage settlements may, to a certain extent, fix the property relations of the spouses (Article 14, P.D. No. 1083).
     

  2. Marriage among Muslim Filipinos performed under their customs, traditions, rites and practices shall be reported within thirty (30) days after the date of marriage by the officiating person, or in his default, by the parties to the marriage for registration, to the Circuit Registrar of the city or municipality where the Shari'a Circuit Court exists. Where there is no Shari'a Circuit Court, marriages among Muslim Filipinos shall be registered at the Local Civil Registry Office (LCRO) where the marriage was celebrated with the annotation that the marriage is in accordance with P.D. 1083 both in the Certificate of Marriage and the Marriage Register. 
     

  3. The person officiating the marriage shall indicate in the Certificate of Marriage (Municipal Form 97, revised January 1993) that said marriage was solemnized in accordance with P.D. No. 1083, and fill up the attachment to the Certificate of Marriage with the following information: amount of mahr(dowry); first or subsequent marriage; tafwid, if granted and such other stipulations. The Certificate of Marriage and the attachment shall be permanently kept together and shall constitute the record of marriage. 
     

  4. The Certificate of Marriage shall be prepared in five (5) copies and shall be distributed by the Circuit Registrar, or by the C/MCR, as the case may be, as follows: first copy to the contracting parties; second copy to the Civil Registrar General (CRG); third copy to the Circuit Registrar/C/MCR; the fourth copy to the District Registrar if marriage was registered at the Shari'a Court; and the fifth copy to the solemnizing officer. 
     

  5. Other matters related to registration of marriages among Muslim Filipinos not covered by this Rule shall be governed by the pertinent provisions of Administrative Order No. 1, Series of 1993.

Rule 10.   Registration of Divorces

Registration of divorces among Muslim Filipinos shall be governed by the following rules:

  1. Divorce is the formal dissolution of the marriage bond in accordance with P.D. 1083 to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by the following:
      

  2. Repudiation of the wife by the husband (talaq);

    • Vow of continence by the husband (ila);

    • Injurious assimilation of the wife by the husband (zihar);

    • Acts of imprecation (li'an);

    • Redemption by the wife (khul);

    • Exercise by the wife of the delegated right to repudiate (tafwid); or

    • Judicial decree (faskh) (P.D. 1083).

     
  3. A divorce pronounced by the husband or by the wife in case of tafwid and such other forms of divorce shall not become irrevocable until the expiration of the prescribed "idda". The first and second divorce (talaq) are revocable during the "idda" and the third is irrevocable. If the spouses fail to reconcile during the "idda" they can only reconcile through a new contract of marriage. In case of the third divorce, they cannot anymore reconcile to each other unless the wife is married by an intervening husband and the latter divorces her and after the expiration of the "idda," the former husband may remarry her. 
     

  4. Any Muslim husband who has pronounced a talaq shall, without delay, file with the Clerk of Court of the Shari'a Circuit Court of the place where his family resides or domiciles, or in the most accessible Shari'a Court, a written notice of such fact and the circumstances attendant thereto, after having served a copy thereof to the wife concerned. The notice filed shall be conclusive evidence that talaq has been pronounced and shall constitute the Certificate of Divorce. In case the divorce is through a court decree, the corresponding decision shall constitute the Certificate of Divorce. 
     

  5. All Certificates of Divorce or Court Decrees shall be registered in the Shari'a Circuit Court. TheShari'a Circuit Court or LCRO where the marriage was registered shall be furnished a copy of the Certificate of Divorce or Court Decree for annotation in the Certificate of Marriage and the Marriage Register. Five (5) copies of the Certificate of Divorce or Court Decree shall be submitted for registration within thirty (30) days after the date of divorce by the interested party. 
     

  6. The Circuit Registrar shall distribute the five (5) copies of the Certificate of Divorce or court decree of divorce as follows: first copy to the husband; second copy to the wife; third copy to the OCRG; the fourth copy to the District Registrar; and the fifth copy for his file.

Rule 11.   Registration of Revocation of Divorces

Registration of revocation of divorces among Muslim Filipinos shall be governed by the following rules:

  1. Within seven (7) days after the revocation of a divorce by reconciliation (ruju), the husband shall, with the wife's written consent, file a sworn statement thereof in five (5) copies with the Circuit Registrar of the city or municipality where the Certificate of Divorce or court decree of divorce was previously registered. The fact of revocation of divorce shall be annotated in the Certificate of Divorce or court decree of divorce and the Marriage Register. Such revocation shall also be forwarded to the Circuit Registrar or C/MCR of the place where the marriage was registered for proper annotation in the Certificate of Marriage and Marriage Register. 
     

  2. The five (5) copies of the sworn statement of the revocation of divorce, after registration, shall be distributed by the Circuit Registrar as follows: first copy to the husband; second copy to the wife; third copy to the OCRG; fourth copy to the Clerk of the Shari'a District Court; and the fifth copy for his file.

Rule 12.   Registration of Conversion to Islam

Registration of a person's conversion to Islam is prima facie proof that he professes the Islamic faith and thus becomes a Muslim. It shall be governed by the following rules:

  1. A person who desires to embrace Islamic faith shall accomplish the Certificate of Conversion to Islam by providing the following information: his or her full name, sex, civil status, date of birth and age, place of birth, occupation, residence, citizenship, parents and their respective religions. The certificate shall be attested to by at least two witnesses who must be Muslim Filipinos. In case the convert is a minor, the consent of the parents, or the guardian is necessary. 
     

  2. In addition, the Convert shall submit a certification that he/she has undergone an orientation on basic principles and practices of Islam from any accredited Muslim organization by the Office on Muslim Affairs or from any recognized and competent Ustadz or Ulama. The Circuit Registrar shall require submission of such certification. 
     

  3. Four (4) copies of the Certificate of Conversion to Islam shall be submitted for registration within thirty (30) days after the date of its execution by the convert or his authorized representative to theShari'a Circuit Court where conversion occurred. In the city or municipality where there is no Shari'a Circuit Court, conversion to Islam shall be reported by the same person to the LCRO of the place of conversion who shall forward the same to the Shari'a Circuit Court where the convert is domiciled under the procedures of out-of-town reporting.

    In case the convert is not domiciled within the territorial jurisdiction of the five (5) Shari'a judicial districts, the registration shall be at the nearest Shari'a Circuit Court. In such case, the convert, in addition to the requirements under Rule 12 (1) and (2), certify under oath that he has not registered such conversion before any Circuit Registrar. The same shall be annexed to the Certificate of Conversion and simultaneously filed therewith. 
     

  4. The four (4) copies of the Certificate of Conversion shall be distributed, after registration, by the Circuit Registrar as follows: first copy to the convert; second copy to the CRG; third copy to the District Registrar, and the fourth copy for his file.

Rule 13.   Revocation of Conversion to Islam

After registration by the District Registrar, the court order of revocation of conversion to Islam shall be forwarded to the Circuit Registrar where the conversion was registered for annotation.

The revocation shall be annotated to the Certificate of Conversion to Islam as follows:

  1. "Conversion to Islam is hereby revoked pursuant to court order issued by (state the name of the district judge) of (state the name of the Shari'a District Court and location) in special proceedings number (state the case number) on (state the date of the order)".

The Circuit Registrar shall endorse to the OCRG a certified true copy of the court order of the revocation of conversion to Islam which shall be annexed to the annotated Certificate of Conversion.

Rule 14.   Miscellaneous and Transitory provisions

  1. A Muslim foster child or those who have been under guardianship may use the surname of the foster parent or guardian in accordance with Ada. The foster parent or guardian shall execute an affidavit (Shahada) declaring that the child is under their care.

    The Shahada shall be submitted to the C/MCR of the place of birth of the foster child, as a supporting document for the annotation of the COLB. The use of the foster parent's surname shall also be annotated in the remarks portions of the COLB, that the surname being used is pursuant to the Shahada executed by the foster parent or guardian. The C/MCR upon verification of the authenticity of all the documents submitted shall endorse the request and its supporting documents including the filing fee in postal money order or in any other mode of payment addressed to the OCRG. 
     

  2. Any Muslim Filipino who has performed Haj (Muslim pilgrimage to Mecca, Kingdom of Saudi Arabia) and has acquired new name by virtue thereof, may request for the corresponding annotation of his or her COLB. A Muslim Filipino who has acquired traditional title pursuant to Ada may likewise request for annotation thereof in the COLB.

    The request for annotation in the COLB for the use of the Haj name shall be submitted to the C/MCR of his/her place of birth with the following supporting documents: Certification from OMA that he/she has performed Haj; certification from pilgrimage authorities that the new name acquired was conferred during the Haj; and certified true copy of his/her passport. The request for annotation in the COLB for the recognition of traditional titles acquired pursuant to Ada shall be attested by at least two witnesses of the conferment. Along with the request, a Certification from OMA that the title was conferred in accordance with Ada shall be submitted to the C/MCR of the place of birth of the person bestowed with the traditional title.

    The C/MCR upon examining and verifying the authenticity of all the documents submitted shall then endorse the request and its supporting documents, including the filing fee in postal money order or in any other mode of payment addressed to the OCRG. 
     

  3. A married Muslim Filipino woman may use the surname of her husband or may retain her maiden name in all her public records and other documents. 
     

  4. Muslim marriages contracted anywhere in the Philippines before the effectivity of P.D. 1083 shall be registered with LCRO of the place where such marriage took place. 
     

  5. Subsequent marriages entered into by a Muslim Filipino man though there was previous existing marriage can be registered. The registration of subsequent marriages shall follow the registration procedure of prior marriages. In addition, such marriage and its corresponding registration shall be subject to the provisions of P.D. 1083. 
     

  6. Insofar as applicable, the duties of the District and Circuit Registrar provided under P.D. 1083 shall form part of this Administrative Order.

Rule 15.   Penalty - Any person found violating this Order shall be liable under the existing civil registry laws, P.D. 1083, civil service laws and other pertinent laws. 
 

Rule 16.   Repealing Clause - AO No. 2, S. 1993 and all other rules and regulations, orders, memoranda or circulars issued by the Civil Registrar General which are inconsistent with these rules and regulations are hereby repealed or modified accordingly. 
 

Rule 17.   Separability Clause- If any provision of this Order is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect. 
 

Rule 18.   Effectivity Clause - This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the Philippines. 
 

Approved this 20th day of June 2005.

 

  (Sgd.) CARMELITA N. ERICTA 
Civil Registrar General

 


Delayed Registration

A report of a vital event made beyond the reglamentary period is considered delayed.

Posting of the Pending Application

1. A notice to the public on the pending application for delayed registration shall be posted on the bulletin boards of the city or municipality for a period of not less than ten (10) days. (47a) 

2. If after ten (10) days, no one opposes the registration, the civil registrar shall evaluate the veracity of the documents submitted. (48:1a)

3. If after proper evaluation of all documents presented and investigation of the allegations contained therein, and the civil registrar is convinced that the event really occurred within the jurisdiction of the civil registry office and that said event has not been registered, he shall register the delayed report thereof. (48:2a)

4. The civil registrar, in all cases of delayed registration of birth, death, and marriage, shall conduct an investigation whenever an opposition is filed against a registration. He shall take the testimonies of the parties concerned and of the witnesses in the form of questions and answers. After investigation, the civil registrar shall forward his findings and recommendations to the Office of the Civil Registrar-General for appropriate action ( 57:11a)

5. The Civil Registrar-General may, after review and proper evaluation, deny or authorize the registration. (57:2a)

Recording of Delayed Registration

In every case of delayed registration of birth, death, marriage, and other registrable documents, the entry in the civil registry book and the registry number transcribed on the certificate of vital event shall be in red ink. The remarks "Delayed Registration" shall be written on the upper right hand margin of the certificate and the "Remarks" portion of the registry book. (56a) 

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 under Section 17, Act No. 3753.

The action filed in court by the prosecutor against the party for failure to register shall not suspend or stop the registration, neither should it be a ground for refusal by the civil registrar to register the delayed report of birth, death, marriage, or any registrable document. (55a)

Delayed Registration of Birth

1. The requirements are:

    a) if the person is less than eighteen (18) years old, the following shall be required:

        i) four (4) copies of the Certificate of Live Birth duly accomplished and signed by the proper parties;

        ii) accomplished Affidavit for Delayed Registration at the back of Certificate of Live Birth by the father, mother, or guardian, declaring therein, among other things, the following:

·   name of child;

·   date and place of birth;

·   name of the father if the child is illegitimate and has been acknowledged by him;

·   if legitimate, the date and place of marriage of parents; and

·   reason for not registering the birth within thirty (30) days after the date of birth

In case the party seeking late registration of the birth of an illegitimate child is not the mother, the party shall, in addition to the foregoing facts, declare in a sworn statement the recent whereabouts of the mother.

       iii) any two of the following documentary evidences which may show the name of the child, date and place of birth, and name of mother (and name of father, if the child has been  acknowledged): 

·   baptismal certificate;

·   school records (nursery, kindergarten, or preparatory);

·   income tax return of parent/s;

·   insurance policy;

·   medical records; and

·   others, such as barangay captain's certification.

       iv) affidavit of two disinterested persons who might have witnessed or known the  birth of the child. (46:1aa)

    b) If the person is eighteen (18) years old or above.

         i) all the requirements for the person who is less than eighteen (18) years old; and

         ii) Certificate of Marriage, if married. (46:1ba)

2. Delayed registration of birth, like ordinary registration made at the time of birth, shall be filed at the Office of the Civil Registrar of the place where the birth occurred. (46:3)

3. Upon receipt of the application for delayed registration of birth, the civil registrar shall examine the Certificate of Live Birth presented, whether it has been completely and correctly filled in and all requirements have been complied with. (47a)

4. In the delayed registration of the birth of an alien, travel documents showing the origin and nationality of the parents shall be presented in addition to the requirements mentioned in Rule 25 (1). (49:2a)

Delayed Registration of Death

No delayed report of death shall be accepted for registration unless the following procedures and requirements are observed and complied with by the concerned parties: 

     a) four (4) copies of Certificate of Death, which must be accomplished correctly and completely; 

     b) affidavit for delayed registration which shall be executed by the hospital or clinic administrator if the person died in a hospital, clinic or in a similar institution, or by the attendant at death if the person died elsewhere. In default of the hospital or clinic administrator or attendant at death, the affidavit shall be executed by any of the nearest relative of the deceased, or by any person having legal charge of the deceased when the latter was still alive; 

     c)  the affidavit referred to shall state among other things, the name of the deceased, the facts of his death, the date and place of burial or cremation, and the circumstances why the death was not reported for registration within thirty (30) days after death; 

     d) authenticated copy of the certificate of burial, cremation, or of other means of corpse disposal; and 

     e) approval for registration by the health officer in the box provided in the Certificate of Death (50a)

Delayed Registration of Marriage

In delayed registration of 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. (53:1a) 


 "The child shall be registered immediately after birth and shall have the right
from birth to a name and the right to acquire a nationality ..."


Article 7. Convention on the Rights of the Child (Ratified by the Philippines in July 1990 

The tedious and costly procedure in correcting typographical or clerical errors in an entry in the Civil Registry will now be a thing of the past following the passage of Clerical Error Bill which was signed into law recently by President Arroyo.

Principally authored by Rep. Magtanggol Gunigundo, Republic Act No. 9048 otherwise known as Clerical Error Law was described as a pro-poor piece of legislation which will no longer require the need of a judicial order to correct a typographical error in an entry.

Gunigundo, in a statement, said he was so elated by its passage "because this will certainly declog court dockets and will give judges and litigators ample time to concentrate in litigating more serious cases."

"I am proud to have contributed so much to our people for their own welfare," Gunigundo, who is seeking a second term under the banner of the People Power Coalition, said.

"May this humble contribution be of great help to ease the burden of our people's plight," he said.

The Gunigundo law was a welcome breather to all citizens who are unduly burdened by the tedious and costly procedure in correcting wrong spelling or any clerical errors from their birth, marriage and death certificates.

Gunigundo hailed the effort of Senators Loren Legarda and Renato Cayetano for sponsoring a Senate version of the measure.

He (Gunigundo) was likewise lauded by the officers of an organization called the Civil Registrars of the Philippines for his coming out with such a vital law.

 

The rules and regulations governing the implementation of the law on correction of entries on birth, marriage and death certificates as provided for by Republic Act 9048 has recently been issued by the Office of the Civil Registrar-General, National Statistics Office (NSO-OCRG). The ceremonial signing of NSO-OCRG Administrative Order No. 1 Series of 2001 was held at the Multi-Purpose Hall of the Department of Justice in the presence of Valenzuela Congressman Magtanggol Gunigundo I, who was among the principal authors of the law. Others who witnessed the event were civil registrars from the National Capital Region, presidents of the 16 regional associations of civil registrars, officials and representatives from concerned government agencies and the media.

Republic Act 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 of First Name or Nickname in the Civil Register Without Need of a Judicial Order Amending for the Purpose Articles 376 and 412 of the Civil Code of the Philippines", was signed by President Gloria Macapagal Arroyo on March 22, 2001. The law now allows the correction of clerical or typographical errors in any entry in civil registry documents, except those involving the change in sex, age, nationality and status of a person, to be done administratively by the local civil registrars, consul generals and circuit registrars of shari’a courts. Likewise, the law allows the change of a person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process. This means that the petitioner is provided with an option not to go through court which involves tedious, time-consuming and expensive litigations. All other petitions not covered by the law will still be processed under the usual court procedures. All decisions made by the local civil registrars, consul generals and shari’a circuit registrars will be subjected to a review process at the OCRG which, under the law, is bound to exercise the power to impugn such decisions by way of an objection.

Pursuant to Section 10 of RA 9048, the NSO-OCRG is directed to issue the Implementing Rules and Regulations (IRR) in consultation with the Department of Justice (DOJ), Department of Foreign Affairs (DFA), Office of the Supreme Court Administrator (OSCA), University of the Philippines Law Center (UPLC) and Philippine Association of Civil Registrars (PACR) within three months after effectivity of the said law.

After several consultation sessions with the members of the inter-agency committee, the IRR was finalized by the NSO-OCRG through the issuance of AO1 series of 2001 and presented for signing. Signatories to the IRR included Ms. Carmelita N. Ericta, OIC-Civil Registrar General of NSO-OCRG; Atty. Antonio A. Abanilla, Assistant Chief State Counsel of DOJ; Atty. Franklin M. Ebdalin, Undersecretary for Foreign Affairs of DFA, represented by Atty. Antonette Mendoza; Atty. Wilhelmina D. Geronga, OIC-Chief of the Legal Office of OSCA; Atty. Gisella Dizon-Reyes, Law Reform Specialist V of the UPLC; and Mr. Ramon M. Matabang, President of PACR.

OIC Ericta, in her message after the signing ceremonies, said that the passage of "clerical error law" and the issuance of its implementing rules and regulations have paved the way for empowerment and effective governance. According to her, the law will greatly benefit many Filipinos who, instead of investing time, effort and resources in litigations and court proceedings just to correct one misspelled letter in their civil registry document, can now do the process administratively at their nearest local civil registry office, shari’a court or Philippine consulate if abroad. The IRR will take effect on August 16, that is, 15 days after its publication in Philippine Star. She also added that the NSO-OCRG is currently preparing the manual of instructions for the proper and uniform implementation of the law by local civil registrars, consul generals and shari’a district or circuit court registrars. A series of training on RA 9048 and its IRR, which will start within the month of August, will be conducted by the OCRG. Soon after the training, the public can already avail of the benefits of the said law.

 

 

 

 

Please be informed that effective 16 July 2003, Thursday, the Application Area for annotated copies of civil registry documents (birth, marriage and death certificates) which have undergone corrections pursuant to R.A. 9048 (Clerical Error Law) shall be at the:

Area A, Ground Floor, NSO-EDSA
Vibal Building, EDSA corner Times Street
West Triangle, Quezon City

Requirements for first time requesters of annotated civil registry documents in Security Paper (SECPA) are the following City/Municipal Civil Registrar (C/MCR) issued documents:

1. C/MCR and Office of the Civil Registrar General (OCRG) approved petition;
2. Certificate of Finality;
3. Annotated Copy of the Certificate/civil registry document; and,
4. Original Certificate/civil registry documents (without annotations)

The corresponding application fee for NSO-OCRG issued annotated copy of civil registry documents in SECPA is ONE HUNDRED TWENTY-FIVE PESOS ONLY (PhP125.00).

For more information, please visit, write or call:
 
DIR. (OIC) LOURDES J. HUFANA
Civil Registry Department
3/F NSO-EDSA, Vibal Building
EDSA corner Times Street
West Triangle, Quezon City
Tel. No. 926-7333
E-mail:  L.Hufana@mail.census.gov.ph

 CARMELITA N. ERICTA
            Administrator

The tedious and costly procedure in correcting typographical or clerical errors in an entry in the Civil Registry will now be a thing of the past following the passage of Clerical Error Bill which was signed into law recently by President Arroyo.

Principally authored by Rep. Magtanggol Gunigundo, Republic Act No. 9048 otherwise known as Clerical Error Law was described as a pro-poor piece of legislation which will no longer require the need of a judicial order to correct a typographical error in an entry.

Gunigundo, in a statement, said he was so elated by its passage "because this will certainly declog court dockets and will give judges and litigators ample time to concentrate in litigating more serious cases."

"I am proud to have contributed so much to our people for their own welfare," Gunigundo, who is seeking a second term under the banner of the People Power Coalition, said.

"May this humble contribution be of great help to ease the burden of our people's plight," he said.

The Gunigundo law was a welcome breather to all citizens who are unduly burdened by the tedious and costly procedure in correcting wrong spelling or any clerical errors from their birth, marriage and death certificates.

Gunigundo hailed the effort of Senators Loren Legarda and Renato Cayetano for sponsoring a Senate version of the measure.

He (Gunigundo) was likewise lauded by the officers of an organization called the Civil Registrars of the Philippines for his coming out with such a vital law.

The Office of the Civil Registrar-General, National Statistics Office (NSO-OCRG) has been tasked to issue the necessary rules and regulations for the effective implementation of the law recently signed by President Arroyo which aims to hasten the process of correction of errors in birth certificates. The NSO-OCRG is the agency mandated by the government to implement Act 3753 and other related laws affecting civil registration in the country.

The new law, Republic Act No. 9048, allows any person to file a petition for the correction of clerical or typographical error as appearing in his/her birth record and to request the change of his/her first name only once. Prior to its enactment, any correction in the civil register can only be acquired thru a judicial order. Such procedure does not only take time but also requires a huge amount of money depriving the less fortunate with equal opportunity.

"With this law, ordinary citizens can already file their petition with the local civil registry offices in their city/municipality. They do not need to hire lawyers for the correction of obviously misspelled name in writing, copying, transcribing or typing in the birth certificates," said NSO Administrator Tomas Africa, who is also concurrently the Civil Registrar-General. He emphasized, however, that the new law does not allow the change of nationality, age, status or sex of a petitioner.

He cautioned the city/municipal civil registrars that any decision with regards to changes in clerical or typographical errors based on the new law is still subject to review of the NSO-OCRG. The Civil Registrar-General can exercise the power to impugn such decision by way of an objection on reasonable grounds as likewise stipulated in the said law.

The NSO-OCRG shall be preparing the implementing rules and regulations (IRR) of Republic Act No. 9048 in consultation with the Department of Justice, the Department of Foreign Affairs, the Office of the Supreme Court Administrator, the University of the Philippines Law Center and the Philippine Association of Civil Registrars. The IRR are expected to be issued by the middle of the year or not later than three months after the complete publication of the law in at least two national newspapers of general circulation.

Good news for those who want their names corrected if they were wrongly written in the civil register: they are no longer required to go to court to have the necessary correction made.

A law signed by President Arroyo last week dispenses with the court process in correcting error in entries in the civil register.

Republic Act 9048 is known as the Gunigundo Law, named after its principal author, Rep. Magtanggol Gunigundo I (Lakas, Valenzuela).

Gunigundo told reporters yesterday that his measure "is a pro-poor piece of legislation that will no longer require a juidicial order to correct a wrongly spelled or typed given name, middle name or family name."

He said many poor Filipinos have had to live with wrong names appearing in the civil register and other public documents simply because they cannot afford to hire a lawyer and go to court to have the necessary corrections made.

"Going to court is no longer required. All those with errors in their names have to do is petition the civil registrar for the correction. The registrar has the power to enter the correction," he said.

He added that we proud of his "humble contribution to our people for their own welfare."

Mrs. Arroyo's signing of the measure into law was welcomed by members of the Philippine Association of Local Civil Registrars, who said they could not do anything about requests for correcting errors in names because the old law prohibited them from doing so.

Good news to those who have problems with errors in their birth certificates.

President Macapagal-Arroyo has signed into law the Clerical Error Bill, now known as Republic Act No. 9048, which is expected to hasten the process of correction of errors in birth certificates.

Authored by Valenzuela Rep. Magi Gunigundo, the law will enable people to correct in less than three weeks the mistakes in their birth certificates that were committed by employees of the office of the civil registrar.

Before the bill was signed into law, it often took the government at least six months to correct such mistakes, what with the long and arduous bureaucratic procedures, Gunigundo said.

People needed to hire a lawyer to facilitate the correction and have the correction published in a paper of general circulation. A court order was also needed.

"It's so unfair and unjust," Gunigundo said.

The new law, however, will focus on the correction of misspelled names, not on the change in gender and other crucial aspects of the birth certificate.