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? |
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What are the exceptional cases for the place of registration of birth? |
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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? |
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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? |
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Who are responsible to report the event of death? |
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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:
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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
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.
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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.
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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.