Registration of Court Decree/Order

Release Date: 

Thursday, May 31, 2012

Reglamentary Period and Place of Registration

  1. In case of a court decree/order concerning the status of a person, it shall be the duty of the clerk of court to advice the successful petitioner to have the decree/order registered in the civil registrar's office where the court is functioning, within ten (10) days after the decree/order has become final.
  2. The civil registry office where the event of the decree/order was registered shall forward a certified true copy of the decision to the Office of the Civil Registrar where an event affected was originally registered. The latter shall make the proper annotations in the document and in the applicable registry book. He shall likewise send a certified true copy of the annotated document and the registered court decree to the Office of the Civil Registrar-General within ten (10) days after the decree/order has become final.

Adoption

The decree of adoption shall be recorded in the civil register within thirty (30) days after the date of issue of the final judgment of the court. If not made within the prescribed period, registration of the same shall be considered late, in which case, the registrant who may be the adopter, natural parents, adopted child, clerk of court or any interested party shall execute an affidavit showing the circumstances and reasons why the adoption was not reported for registration within the prescribed period.

Number of Copies to be Submitted

The registrant shall submit to the concerned civil registrar four (4) certified true copies of the court decree of adoption. After it has been recorded in the Register of Court Decrees/Orders and assigned a registry number, copies shall be distributed by the civil registrar as follows: first copy to the registrant; second copy to the Civil Registrar-General; third copy to the civil registrar of the city/municipality where the birth of the adopted child was recorded; and the fourth copy shall be retained for his file.

Registration of a Decree of Adoption Issued by Foreign Court

A decree of adoption issued by a foreign court shall be registered only in the Office of the Civil Registrar of Manila. After registration, the Civil Registrar of Manila shall furnish the civil registrar of the place where the birth was originally registered (if birth was registered in the Philippines) a certified true copy of the decree.

Preparation and Issuance of the Amended Certificate Live Birth of the Adopted Child

  1. The following requirements shall be complied with by the concerned parties:
    1. certification of registration of the adoption decree to be issued by the civil registrar of the city or municipality where the adoption decree was recorded;
    2. authenticated copy of the adoption decree bearing registry number and date of registration;
    3. copy of the registered Certificate of Live Birth of the adopted child. If the birth of the adopted child was not previously registered, the same should first be recorded in the civil register with the child's natural parents under the rules governing late registration of birth;
    4. if the adopted child was foundling, the document to be amended is his Certificate of Foundling by preparing a new Certificate of Live Birth based on the available information which may be obtained from the adopting parents;
    5. the amended Certificate of Live Birth shall be attached to the original Certificate of Live Birth of the child which is filed at the Office of the Civil Registrar; and
    6. when the interested party requests a copy of the amended Certificate of Live Birth, the copy to be issued shall not bear the annotation or any remark that will disclose the facts of adoption.
  2. Neither entry in the original records of birth (Certificate of Live Birth and Register of Births) of the adopted child shall be erased, cancelled or changed, nor other information be added or inserted therein.
  3. The amended Certificate of Live Birth of the adopted child which shall be prepared and issued by the civil registrar of the city or municipality where the birth of the adopted child was recorded shall have the same entries as those appearing in the original records of birth, except for the following items of information:
    1. Name of the adopted - the first name of the adopted child shall be the same first name given in the original Certificate of Live Birth unless the decree of adoption carried an order changing it to another name. The middle name of the adopted child shall be the same as the middle name of the adopter, except when the husband and the wife jointly adopted the child, in which case, the middle name of the adopted shall be the surname of the adopting mother. The last name of the adopted child shall be the last name of the adopter, except when the husband and wife jointly adopted the child, in which case, the last name of the adopted shall be the last name of the adopting father;
    2. Names of Parents - the names of the natural parents of the adopted child shall be substituted by the names of the adopting parents, his or her complete name shall be indicated in the appropriate space in the Certificate of Live Birth as the father or mother, as the case may be; and
    3. Other Information - other information about the adopting parents such as citizenship and religion shall be indicated in the appropriate space of the amended Certificate of Live Birth.

Annulment of Marriage, Legal Separation or Declaration of Absolute Nullity of Marriage

  1. In case of annulment of marriage or legal separation, the annotation in the remarks column of the Register of Marriages shall be made indicating the name of the judge and the court which issued the decree, case number and place and date of issue of the decree of annulment or absolute nullity or legal separation.
  2. When the interested party requests a copy of his/her marriage certificate, a certified true copy or a certified transcription from the Register of Marriages bearing the annotation "annulled" or "declared null and void" or "legally separated" giving reference to the entry number in the Register of Court Decrees shall be issued.

 

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