Implementing Rules and Regulations of Act No. 3753 and Other Laws on Civil Registration

December 18, 1992

NSO ADMINISTRATIVE ORDER NO. 1-93

 

Pursuant to Section 2 of Act No. 3753, otherwise known as the Civil Registry Law which took effect on 27 February 1931, the following rules and regulations amending Administrative Order No. 1, Series of 1983 governing the application and enforcement of Act No. 3753 and other laws on civil registration are hereby promulgated for the information, guidance and compliance of all concerned.

PRELIMINARY STATEMENT

Act No. 3753, has for its purpose, the establishment of a civil register in the Philippines wherein acts, events, legal instruments and court decrees concerning the civil status of persons shall be recorded. This law applies prospectively, hence, all acts and events that occurred prior to 27 February 1931 are not registrable.

The head of the National Statistics Office is the Civil Registrar-General.

The person in-charge of recording vital events and other documents affecting the civil status of persons in cities and municipalities is the civil registrar.

The Civil Registry Law embraces all acts of civil life affecting the status of persons and is applicable to all persons residing in the Philippines.

The principal elements that characterize persons are:

a) their nationality;

b) their filiation which unites them to their parents and through them, to a given family name; and HIaTDS

c) the different facts showing the beginning and the end of their civil personality and any modification thereof.

These facts are:

i) birth;

ii) recognition;

iii) legitimation;

iv) adoption;

v) marriage;

vi) legal separation; and

vii) death.

TITLE ONE

General Provisions

RULE 1. Duties and Powers of the Civil Registrar-General.— The Civil Registrar-General shall have the following duties and powers:

a) To enforce the provisions of Act No. 3753;

b) To prepare and issue regulations for carrying out the purposes of Act No. 3753 and other laws relative to civil registration, and to prepare and order printed the necessary forms for its proper compliance; HIaSDc

c) To give orders and instructions to the city/municipal civil registrars with reference to the performance of their duties as such; and

d) To report any violation of the provisions of Act No. 3753 and other laws on civil registration, and all irregularities, negligence or incompetency of city/municipal civil registrar to the concerned mayor who shall take the proper disciplinary action against the offender. (Section 2, Act No. 3753 as amended by Local Government Code Section 455 (b) (1) (x) and Section 444 (b) (1) (x) ) (N)

RULE 2. Submission of the Appointment of Civil Registrar and Other Pertinent Papers.— The civil registrar shall furnish the Office of the Civil Registrar-General a copy of his appointment duly approved by the sangguniang bayan or sangguniang panlungsod, as the case may be, and duly attested by the Civil Service Commission within five (5) days from receipt thereof, together with a specimen of his handwritings and signatures properly authenticated by the mayor. (Section 443 (d) and Section 454 (d), Local Government Code of the Philippines) (1a) HaTAEc

RULE 3. Designation of Assistant Civil Registrar and Other Signatories.— (1) The civil registrar may authorize one or more from among the senior officials of his staff to sign in his behalf all papers and documents pertaining to civil registration whenever he is absent or unable to perform his duties on account of physical or legal causes. (2:1a)

(2) For this purpose, the Office of the Civil Registrar-General shall be furnished with a copy of their authorization together with specimen of their handwritings and signatures properly authenticated by the civil registrar. (2.2a)

RULE 4. Technical Control and Supervision of Civil Registrars.— The Civil Registrar-General shall have technical control and supervision on civil registrars and officials mentioned in Rule 3 (1).In the exercise of this technical and supervisory function, the Civil Registrar-General shall have the power to declare ultra vires any act of civil registrars inconsistent with the prescribed standards, criteria and procedures mentioned in this implementing rules and regulations and other pertinent laws on civil registration. (2:3a)

RULE 5. Duties of the Civil Registrar.— The civil registrar shall take charge of the office of the civil registry and shall:

a) file registrable certificates and documents presented to them for entry; aScIAC

b) compile the same monthly and prepare and send any information required of them by the Civil Registrar-General;

c) issue certified transcripts or copies of any certificate or document registered, upon payment of the proper fees;

d) order the binding, properly classified, of all certificates or documents registered during the year;

e) send to the Civil Registrar-General, (through his designated representative) during the first ten days of each month, a copy of entries made during the preceding month, for filing;

f) index the same to facilitate search and identification in case any information is required;

g) administer oaths, free of charge, for civil register purposes; (Section 12, Act 3753)

h) accept all registrable documents and judicial decrees/orders affecting the civil status of persons;

i) file, keep and preserve in a secured place the books required by law;

j) transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of persons in the appropriate civil registry books;

k) receive applications for the issuance of a marriage license and after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, shall issue the license upon payment of the authorized fee to the treasurer;

l) coordinate with the Office of the Civil Registrar-General [National Statistics Office] in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the local government unit concerned; (Article 9, Section 479, The Local Government Code of 1991)

m) file, keep and preserve civil registry records as per archival system mandated by the Local Government Code; (Section 374)

n) submit status reports on the condition of civil registry documents filed in the civil registry office whenever there are changes of the previous status of files;

o) reconstruct destroyed civil registry records upon compliance with the requirements following the procedures established by the Office of the Civil Registrar-General; and ECHSDc

p) make available at all times the civil registry forms in his office. (3a)

RULE 6. Role of Barangay Secretary. — The barangay secretary shall assist the civil registrar in the registration of births, deaths, and marriages occurring in his jurisdiction. (Sec. 394 (c) (5), The Local Government Code of 1991) (9:3a)

RULE 7. Civil Registry Books.— (1) Every civil registrar shall maintain, keep and preserve in a secured place in his office the following registry books where he shall properly enter the acts, events, and judicial decrees concerning the civil status of persons:

a) Register of Births;

b) Register of Foundlings;

c) Register of Deaths;

d) Register of Marriages;

e) Register of Court Decrees/Orders;

f) Register of Legal Instruments; and

g) Register of Applications for Marriage License (Article 25, Family Code). (4a)

(2) The following shall be recorded in the Register of 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;

g) Appointment of guardian/Termination of guardianship;

h) Judicial determination of filiation; ACcDEa

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. (N)

(3) The following shall be recorded in the Register of 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;

h) Partition and distribution of properties of spouses and delivery of the children's presumptive legitime;

i) Marriage settlements and any modification thereof;

j) Repatriation document with oath of allegiance;

k) Voluntary emancipation of minor;

l) Waiver of rights/interests of absolute community of property; and

m) Other registrable legal instruments. (N)

(4) The Office of the Civil Registrar-General shall maintain a Register of Solemnizing Officers issued with Certificates of Registration of Authority to Solemnize Marriage in accordance with Article 7 (2) of the Family Code. (N)

5) The books making up the civil register and all records relating thereto shall be considered public documents and shall be prima facie evidence of the facts contained therein. The registry books shall be kept in a safe place and under no circumstance, shall the books or documents be removed from the office except by order of a competent court, in which case, proper receipt shall be issued. In this case, a certified true copy of the document removed shall be made and retained by the issuing office for its reference and file. (62a)

RULE 8. Civil Registration Forms.— (1) Documents presented before the civil registrar for registration are the following:

a) Accomplished Certificate of Live Birth (Municipal Form No. 102, Revised January 1993);

b) Accomplished Certificate of Foundling (OCRG Form No. 101, Revised January 1993);

c) Accomplished Certificate of Death (Municipal Form No. 103, Revised January 1993);

d) Accomplished Certificate of Fetal Death (Municipal Form No. 103-A, Revised January 1993);

e) Accomplished Certificate of Marriage (Municipal Form No. 97, Revised January 1993);

f) Accomplished Application for Marriage License (Municipal Form No. 90, Revised January 1993);and

g) Certified true copy of court decree or legal instrument and such other registrable documents concerning the civil status of persons. (5a) ATHCac

(2) Every priest, minister or rabbi authorized by his denomination, church, sect or religion to solemnize marriage shall file his sworn Application for Registration of Authority to Solemnize Marriage using OCRG-S.O. No. 1 to the Office of the Civil Registrar-General. The Office of the Civil Registrar-General, upon receiving such application and being satisfied that the denomination, church, sect, or religion of the applicant operates in the Philippines, shall record the Certificate of Registration of Authority to Solemnize Marriage (OCRG-S.O. No. 2; Sept. 1, 1988),the name of such priest, minister, or rabbi in the Register of Solemnizing Officers and shall issue such certificate to the authorized solemnizing officer. (N)

RULE 9. Operative Act of Registration.— 1) The civil registrar shall see to it that: a) appropriate form is used; b) form is properly and completely filled up; c) entries are correct; and d) proper attachments are submitted. (N)

(2) In case the entries are found incomplete or incorrect, the civil registrar shall require the person concerned to fill up the document completely or to correct the entries, as the case may be. (6:1a)

(3) When the document is accepted for registration, the date of receipt shall be recorded in the space provided or it shall be stamped on the upper right hand margin, in document where no space is provided, properly signed by the person receiving the same. (6:1a)

(4) The documents received for the day shall be entered immediately in the appropriate civil registry book, assigning therein the corresponding registry number. A document which bears no registry number is presumed not registered. However, when such document bears the date of receipt, name and signature of the civil registrar, it is deemed registered, in which case the civil registrar or his authorized personnel shall be liable for damages sustained by any party as a result of the non-registration of the document. (6:3a)

RULE 10. Reporting of Vital Events Occurring Abroad.— All vital events occurring to Filipinos residing abroad (permanently or temporarily) shall be reported to the Philippine Foreign Service Establishments of the country of residence or where the vital event took place or where none is located thereat, in the Philippine Foreign Service Establishments of the country nearest the place of residence of the party concerned or where the vital event occurred. (N)

RULE 11. Supplemental Report for Birth, Death and Marriage.— (1) A supplemental report using the appropriate form (Certificate of Live Birth, Certificate of Death, Certificate of Fetal Death or Certificate of Marriage) may be filed to supply information inadvertently omitted when the document was registered. However, the "Medical Certificate" in the Certificate of Death and Certificate of Fetal Death and all applicable certifications contained in the Certificate of Marriage should be accomplished correctly and completely before registration. Hence, no supplemental report having reference to the mentioned certificates is acceptable. (N) DHcEAa

(2) 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 provision 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. (11:1a)

(3) The civil registrar shall accept only one supplemental report for not 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. (N)

(4) The supplemental report may be filed by the parent/guardian or the party concerned, if of age, who shall execute an affidavit indicating the entry/ies missed in the registration and the reason/s why there was a failure in supplying the required entry. (11:2a)

(5) The supplemental report shall be filled up only with respect to province, city/municipality, registry number, and the following items: "Name";"Informant";"Prepared by"; and "Received at the Office of the Civil Registrar" for birth and death and "Name of Contracting Parties" and "Received at the Office of the Civil Registrar" for marriage. The omitted information shall be entered in the appropriate space/s. (12:1a)

(6) The certificate used in the preceding paragraph shall be marked "Supplemental Report" and shall be submitted with the certified true copy of the registered document to the Office of the Civil Registrar where the event occurred. (12:2a)

(7) Upon receipt of the application, the civil registrar shall enter in the "Remarks" portion of the corresponding civil register "With Supplemental Report","Prepared by ______________ ",date of entry and the omitted entry/ies (12:3a)

(8) When the interested party requests a copy of the certificate, a certified true copy or a certified transcription using standard form bearing the effects of the supplemental report shall be issued. The remarks "With Supplemental Report" shall be indicated in the upper right hand corner of the certified true copy or certified transcription to be issued. (N)

RULE 12. Delayed Registration.— A report of vital event made beyond the reglementary period is considered delayed. (N)

RULE 13. Posting of the Pending Application.— (1) A notice to the public on the pending application for delayed registration shall be posted in the bulletin board of the city/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 statements made in the required documents submitted. (48:1a) ETDAaC

(3) If after proper evaluation of all documents presented and investigation of the allegations contained therein, the civil registrar is convinced that the event really occurred within the jurisdiction of the civil registry office, and finding out that said event was not 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 its registration by taking the testimonies of the parties concerned and 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. (57:1a)

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

RULE 14. 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)

RULE 15. Duty to File a Complaint with the Prosecutor's Office. — In very case of delayed registration, the civil registrar shall file a complaint with the city/provincial prosecutor's office for appropriate action under Section 17 of 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 or marriage or any registrable document. (55a)

RULE 16. Reconstruction of Burned or Destroyed Civil Registry Records.— (1) To reconstruct burned or destroyed records, the Office of the Civil Registrar may request certified true copies from the Office of the Civil Registrar-General stating the year and type of documents for reconstruction. The Office of the Civil Registrar-General shall advise the civil registrar as to the availability of the records and cost, and the required Requisition Issue Voucher with certification on the availability of funds duly approved by the mayor. In case some records are not available at the Office of the Civil Registrar-General, the civil registrar shall conduct an information campaign aimed at making the public submit their individual copies of civil registry records as basis for reconstruction. (N)

(2) For records not available at the Office of the Civil Registrar and Office of the Civil Registrar-General, the civil registrar shall require the interested party to submit to the Office of the Civil Registrar, a copy of the document previously registered or an authentic copy thereof issued by the civil registrar or by the Office of the Civil Registrar-General. The civil registrar shall then examine the document with respect to the signature of the issuing officer appearing in the document and if found to be true and genuine, it shall be sufficient evidence for the registration of the document. The same shall be accepted for recording in the appropriate civil registry book without additional requirements. (63:1a) EHCcIT

(3) In case the party could not present a copy of the document that was previously registered nor an authentic copy thereof or even if these are presented but the genuineness or authenticity of the signature of the civil registrar or the issuing officer cannot be established, the pertinent procedures for late registration shall apply. (63:2)

RULE 17. Fees.— (1) No fee shall be collected for the registration of birth, foundling, death and marriage. (60:1a)

(2) For the registration of legal instruments, court decrees or orders, and the issuance of certified copies or certifications of civil registry records, fees may be collected in accordance with the existing laws. In every case, an official receipt shall be issued. (60:2)

(3) All expenses in connection with the operation and maintenance of the civil registry office shall be paid out of the city or municipal funds. (61)

TITLE TWO

Registration of Live Birth

RULE 18. Live Birth.— (1) Live birth is the complete expulsion or extraction of a product of conception from its mother, irrespective of the duration of 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 off or the placenta is still attached; each product of such birth is considered alive. (N)

(2) 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 live birth and shall be registered in the Register of Births. (22:2a)

(3) However, if the 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, Certificate of Live Birth shall be prepared in duplicate, a copy of which shall be forwarded to the Office of the Civil Registrar-General and the other for the civil registrar's file. (22:3a)

RULE 19. Reglementary Period and Place of Registration.— (1) The birth of a child shall be registered within thirty (30) days from the time of birth in the Office of the Civil Registrar of the city/municipality where the birth occurred, except in the following cases:

a) when a 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, the birth shall be recorded in the civil register of the mother's destination or the city or municipality where the mother habitually resides; SaHcAC

b) when the child is born aboard a vessel or airplane en route to the Philippines and the exact place of birth cannot be ascertained, 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 mother or both parents are citizens of the Philippines. If the parents of the child are both foreigners but residents of the Philippines, the birth shall be recorded in the city or municipality where the mother habitually resides in the Philippines. If 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; and

c) when the child, whose mother or father or both parents are citizens of the Philippines, is born aboard a vessel or airplane en route to another country from the Philippines, or from any country, the birth shall be recorded in the Philippine Foreign Service Establishment of the country of the mother's destination. (8:2a) HSEcTC

(2) In any case under this Rule, the place of birth shall be entered in the civil register as follows:

a) if birth occurred aboard a vehicle, indicate in the civil register as the place of birth the name of the vehicle, route, plate number and other necessary description of the vehicle;

b) if birth occurred aboard a vessel, indicate in the civil register as the place of birth the name of the vessel, route, voyage number, registry number and other necessary description of the vessel; and

c) if birth occurred aboard an airplane, indicate in the civil register as the place of birth, the name of the airplane, route, flight number and other necessary description of the airplane. (N)

RULE 20. Out-of-town Reporting of Birth.— (1) Out-of-town reporting of birth occurs when the Certificate of Live Birth 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 or municipality where the birth occurred and where it should be registered. (N)

(2) The duty of accepting Certificate of Live Birth for out-of-town reporting by the concerned civil registrar may also be performed by the Civil Registrar-General or by his authorized representatives who are the Regional Administrators and Provincial Statistical Officers of the National Statistics Office.

(3) For the purpose of out-of-town reporting of birth, the following requirements shall be complied with by the concerned party:

a) the party who is applying for out-of-town reporting of birth shall execute an affidavit declaring therein, among other things, the facts of birth and the reasons why said birth was not recorded in the civil register of the city or municipality where it occurred. The affidavit which must be attested by at least two (2) witnesses, shall serve as an application for registration and shall be submitted to the civil registrar together with four (4) copies of the Certificate of Live Birth;

b) if the application is for delayed registration of birth, the requirements under the rules governing delayed registration of birth shall also be complied with;

c) the civil registrar or the authorized representative of the National Statistics Office to whom the application for out-of-town reporting is presented may require from the applicant such other supporting papers as may be considered necessary in establishing the facts of birth especially those pertaining to the date and place of birth and filiation of the child whose birth is being sought for registration; DaEATc

d) the Certificate of Live Birth, for the purpose of this Rule, shall have marginal annotation in the form of the following remarks: "Registered pursuant to Rule 20 of Administrative Order No. 1,S. 1993;and

e) the civil registrar of the city or municipality where the out-of-town reporting is sought, upon receipt of the Certificate of Live Birth and pertinent papers, shall proceed with the registration. He shall indicate the date when he received the document, and shall sign over his printed name in the appropriate space in the Certificate of Live Birth. When the Certificate of Live Birth has been duly recorded and assigned a registry number, the civil registrar shall send back the original copy to the civil registrar or the authorized representative of the National Statistics Office who forwarded the certificate of Live Birth, who in turn shall give the copy bearing the registry number to the registrant. (N)

RULE 21. Persons Responsible to Report the Event.— (1) When the birth occurred in a hospital or clinic or in a similar institution, the administrator thereof shall be responsible in causing the registration of such birth. However, it shall be the attendant at birth who shall certify the facts of birth. (9:1a)

(2) When the birth did not occur in a hospital or clinic or in a similar institution, the physician, nurse, midwife, "hilot",or anybody who attended to the delivery of the child shall be responsible both in certifying the facts of birth and causing the registration of such birth. (9:2a)

(3) In default of the hospital/clinic administrator or attendant at birth, either or both parents of the child shall cause the registration of the birth. (9:1a)

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

RULE 22. Number of Copies to be Accomplished for Distribution.— It shall be the duty of the person concerned to accomplish and send four (4) copies of the Certificate of Live Birth to the civil registrar for registration. After the registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days from receipt thereof as follows: first copy to the registrant; second copy to the Office of the Civil Registrar-General; third copy shall be retained for his file; and fourth copy to the attendant at birth. (N)

RULE 23. Birth Registration of Illegitimate children. — (1) Children conceived or born during the marriage of the parents are legitimate. Children conceived and born outside a valid marriage unless otherwise provided in the Family Code are illegitimate. (10:1a) DEcTCa

(2) 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. (10:2a)

(3) The name/s of the acknowledging parent/s, shall be indicated in the Certificate of Live Birth. (10:2a)

(4) An illegitimate child born on or after 3 August 1988 shall bear the surname of the mother. (N)

RULE 24. Non-Disclosure of Birth Records.— (1) The records of a person's birth shall be kept strictly confidential and no information relating thereto shall be issued except on the request of any of the following:

a) the concerned person himself, or any person authorized by him;

b) his spouse, his parent or parents, his direct descendants, or guardian or institution legally in-charge of him, if he is a minor;

c) 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

d) in case of the person's death, the nearest of kin. (N)

(2) Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos, or both in the discretion of the court. (Article 7, P.D. 603) (N)

RULE 25. 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 the 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 present 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); HDCAaS

> 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, he shall apply for late registration of his birth and the requirements shall be:

i) all the requirements for a child 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 up and all requirements 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)

TITLE THREE

Registration of Foundling

RULE 26. Foundling.— Foundling is a deserted or abandoned infant or a child found, with parents, guardian, or relatives, being unknown, or a child committed in an orphanage or charitable or similar institution with unknown facts of birth and parentage. (13:1a)

RULE 27. Reglementary Period and Place of Registration.— (1) Registration of the foundling in the Office of the Civil Registrar of the city/municipality where the child was found shall be made by the finder/charitable institution within thirty (30) days from the date of finding/commitment of the child. (13:1a)

(2) Any report made after the 30-day period shall be considered late, and the concerned party shall be required to state in a sworn statement the circumstances that caused the late reporting to the civil registrar. (N)

RULE 28. Persons Responsible to Report the Event.— (1) Immediately after finding a foundling, the finder shall report the case to the barangay captain of the place where the foundling was found, or to the police headquarters, whichever is nearer or convenient to the finder. When the report is duly noted either by the barangay captain or by the police authority, the finder shall commit the child to the care of the Department of Social Welfare and Development or to a duly licensed orphanage or charitable or similar institution. Upon commitment, the finder shall give to the charitable institution his copy of the Certificate of Foundling, if he had registered the foundling. (N)

(2) In case the finder is awarded the custody of the foundling by the proper authority, he shall give a name for the child and shall report the same to the civil registrar of the city or municipality where the child was found. Otherwise, the giving of name to the child and its registration as foundling shall be the responsibility of the Department of Social Welfare and Development or of the orphanage or charitable or similar institution where the child was committed. (13.2a).

RULE 29. Requirements for Registration of Foundling.— No foundling shall be recorded in the civil registrar unless the following requirements are complied with:

a) Certificate of Foundling (OCRG Form No. 101, Revised January 1993) accomplished correctly and completely;

b) Affidavit of the finder stating the facts and circumstances surrounding the finding of the child, and the fact that the foundling has been reported to the barangay captain or to the police authority, as the case may be; and

c) Certification of the barangay captain or police authority regarding the report made by the finder, stating among other things, that no one has claimed the child or no one has reported a missing child whose description may be the same as the foundling as of the date of the certification. (N)

RULE 30. Number of Copies to be Accomplished for Distribution.— It shall be the duty of the person concerned to accomplish and send three (3) copies of the Certificate of Foundling to the civil registrar for registration. After registration, the civil registrar shall distribute copies of the certificate bearing the civil registry number within five (5) days from receipt thereof as follows: first copy to the registrant; second copy to the Office of the Civil Registrar-General; and third copy shall be retained for his file. (N)

TITLE FOUR

Registration of Death

RULE 31. Death.— (1) 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) (N).

(2) 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. (22:2a)

(3) 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. (22:3a)

RULE 32. Reglementary Period and Place of Registration. — (1) Registration shall be made in the Office of the Civil Registrar of the city/municipality where it occurred within thirty (30) days from the time of death. (Sec. 5, P.D. 651) (14:2a)

(2) 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 issued by the health officer of the place of burial/cremation and shall be registered in the Office of the Civil Registrar of the said city/municipality. If the place of burial/cremation is outside the Philippines, the death shall be registered in the Office of the Civil Registrar of Manila. (18:1a) CADSHI

(3) When a citizen of the Philippines died aboard a vessel or airplane en route to the Philippines and the exact place of death cannot be ascertained, the death shall be registered in the Office of the Civil Registrar of the city or municipality where the person habitually resides before his death, if he was a resident of the Philippines. Otherwise, the death shall be registered in the Civil Registrar of Manila. If the deceased is a foreigner and a resident of the Philippines, the death shall be registered in the Office of the Civil Registrar where the deceased habitually resides. If the deceased is a foreigner and not a resident, his death shall be registered in the Office of the Civil Registrar of Manila. (N)

(4) When a citizen of the Philippines dies 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, the death shall be reported in the Philippine Foreign Service Establishments of the country of destination of the deceased. (N)

(5) 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, the Certificate of Death shall be issued by the health officer of the place of burial and shall be registered in the Office of the Civil Registrar of the said city/municipality. (18 :2a)

(6) The death of a person aboard a vessel in the high seas shall be registered in the Office of the Civil Registrar 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. (19:1a) aATCDI

(7) If the person was buried or drowned in the high seas, or for any other reason, the body was not recovered, registration shall be made in the civil registry office of the place of last known address of the deceased in the Philippines, or if not resident of the Philippines, registration shall be made in the civil registry office of Manila. The ship doctor or captain or the health officer, in the exercise of his wise discretion, may issue and cause the registration of the death certificate.

In such case, the following requirements shall be complied with:

i. Affidavit of the surviving spouse, parent, guardian or next of kin in the order mentioned stating, among other things, the circumstances surrounding the death and

ii. The health officer shall make the annotation "Body Not Recovered" in the Remarks/Annotation box of the death certificate. (19:2a)

 

RULE 33. Persons Responsible to Report the Event.— (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. (15a)

(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. (16a.)

(3) Where death occurs in a vehicle/vessel/airplane, the driver/ship captain/pilot, as the case may be, 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. (N)

(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, or to any member of the Sangguniang Bayan, or to the municipal secretary, who shall issue the Certificate of Death for burial purposes. (20:1a)

(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. (20:2a) IAcTaC

RULE 34. Number of Copies to be Accomplished for Distribution.— It shall be the duty of the person concerned to accomplish and send four (4) copies of the Certificate of Death to the civil registrar for registration. After registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days from receipt thereof as follows: first copy to the registrant; second copy to the Office of the Civil Registrar-General; third copy shall be retained for filing; and fourth copy to the attendant at death. (N)

RULE 35. Out-of-Town Reporting of Death.— (1) 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. (21a)

(2) The duty of accepting Certificate of Death for out-of-town reporting by the concerned civil registrar may also be performed by the Civil Registrar-General or by his authorized representatives who are the Regional Administrators and Provincial Statistical Officers of the National Statistics Office.

(3) The following procedures and requirements shall be observed and complied with by the concerned parties:

a) the party who is applying for registration of death shall execute an affidavit declaring therein, among other things, the name of the deceased, the facts of death and the reasons why said death was not recorded in the civil register of the city or municipality where it occurred. The affidavit which must be attested to by at least two (2) witnesses, shall serve as an application for registration and shall be submitted to the health officer of the place where the death certificate was presented;

b) if the application is for delayed registration of death, the requirements under the rules governing the delayed registration of death shall also be complied with;

c) if there was no Certificate of Death issued for the deceased from the place of death, the health officer of the receiving civil registry office shall cause and direct the registration of the death by issuing the Certificate of Death, if the deceased is a civilian. If the deceased is a member of the Armed Forces of the Philippines and the cause of death is related to military operations, the Certificate of Death shall be issued by the military physician;

d) the receiving civil registrar or the authorized representative of the National Statistics Office, after having been convinced that the Certificate of Death was correctly and completely accomplished and the registration of death was approved by the health officer, shall forward the same to the civil registrar of the place of death for registration. The civil registrar of the place of death shall indicate the date when the document was received by him, and shall sign his name in the appropriate space in the Certificate of Death;

e) after recording the death in the civil register and assigning registry number in the Certificate of Death, the civil registrar of the place of death shall send one copy to the other civil registrar for transmission to the registrant; and

f) the Certificate of Death, for the purpose of this Rule, shall have marginal annotation in the form of the following remark: "Registered pursuant to Rule 35 of Administrative Order No.1.S.1993".(N)

RULE 36. Mass Death.— Mass death occurs when several persons die due to natural calamities, accidents, epidemics etc. Where the deceased cannot be identified, the health officer, upon submission of an affidavit by two disinterested persons, in the exercise of his wise discretion, may issue and cause the registration of the death certificate bearing the annotation "Body Not Identified".The affidavit referred to in the aforementioned statement shall contain the following information:

a) sex of the deceased;

b) estimated age;

c) distinguishing features;

d) condition of the body when found;

e) date when the body was found;

f) place where the body was found; and

g) circumstances surrounding the death. (N)

RULE 37. DeathUnder Medico-Legal Examination.— (1) A case of death for investigation by the National Bureau of Investigation or other investigative agency of the government where the body of the deceased is subject to autopsy or examination by medico-legal officers is a case for medico-legal. (N)

(2) When the death under medico-legal investigation has not been registered in the place of death, the head of the National Bureau of Investigation or of other investigative agency or his authorized representative shall cause the registration of such death through the health officer of the city or municipality where the death occurred. The medico-legal officer shall accomplish and sign the medical certification of the Certificate of Death. (N)

RULE 38. Fetal Death.— (1) Fetal death is the death prior to the complete expulsion of a product of conception, irrespective of the period of pregnancy. The death is indicated by the fact that after such separation, the fetus does not breathe nor show any other evidence of life, such as the beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. (22:1a)

(2) The registration of fetal death shall follow the procedure in the registration of death. (N)

RULE 39. 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/clinic administrator if the person died in the hospital, clinic or similar institution, or if the person died elsewhere, by the attendant at death. In default of the hospital/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 he was still alive; aSIAHC

c) the affidavit referred to in (b) 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)

TITLE FIVE

Registration of Marriage

RULE 40. Marriage. — Marriage is 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 by this Code. (Article 1, Family Code of the Philippines) (N)

RULE 41. Reglementary Period and Place of Registration.— In ordinary marriage, the time for submission of the Certificate of Marriage is within fifteen (15) days following the solemnization of marriage while in marriage exempt from license requirement, the prescribed period is thirty (30) days, at the place where the marriage was solemnized. (26:2a)

RULE 42. Person Responsible to Report the Event.— The solemnizing officer has the duty to report the marriage to the Office of the Civil Registrar where the marriage was solemnized. (N)

 

RULE 43. Number of Copies to be Accomplished for Distribution.— It shall be the duty of the person concerned to accomplish and send four (4) copies of the Certificate of Marriage to the civil registrar for registration. After the registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days from receipt thereof as follows: first copy to the contracting parties; second copy to the Office of the Civil Registrar-General; third copy shall be retained for filing; and fourth copy to the solemnizing officer. (26:1a)

RULE 44. Marriage in Transit within Philippine Territory.— A marriage solemnized while in transit within Philippine territory is registrable at the place of destination or usual residence of either party. (N) SaAcHE

RULE 45. Marriages Exempt from the License Requirement. — (1) In marriages exempt from license requirement, the solemnizing officer in accordance with Chapter 2 of the Family Code, shall indicate in the space provided in the Certificate of Marriage any of the following particular provisions of the Family Code under which such marriage was performed. The civil registrar shall enter the same in the remarks column of the marriage register:

a) Article 27 — in case either or both of the contracting parties are at the point of death, the marriage may be solemnized without requiring a marriage license even if the ailing party subsequently survives;

b) 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 civil registrar, the marriage may be solemnized without the marriage license;

c) Article 33 — marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the marriage license, provided that they are solemnized in accordance with their customs, rites, or practices; or

d) Article 34 — the marriage license is not necessary for the 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. (27a)

(2) In the cases mentioned in the two preceding articles (Rule 45(1),a and b),the solemnizing officer shall state in an affidavit executed before the local civil registrar (now civil registrar) or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of a legal impediment of the marriage. (Article 29, Family Code)

(3) In the case mentioned in (d),the contracting parties shall state the fact that they have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. (N)

(4) Legal forms for the affidavits mentioned may be found in the Certificate of Marriage. If affidavits are executed as a separate instrument four (4) copies shall be executed and shall be sent to the civil registrar together with the four (4) copies of marriage certificate. (N)

RULE 46. Delayed Registration of Marriage.— (1) 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) ACcTDS

(2) The submission of the application for marriage license bearing the date when the marriage license was issued except for marriage exempt from marriage licenses shall be required. (N)

(3) Where the original or duplicate copy of the Certificate of Marriage could not be presented either because it was burned, lost or destroyed, a certification issued in lieu thereof, by the church or solemnizing officer indicating date of said marriage based on their record or log book shall be sufficient proof of marriage and the civil registrar may accept the same for registration. (54:1a)

(4) In case of doubt, the civil registrar may verify the authenticity of the marriage certification by checking from the church record/log book and the solemnizing officer who performed the marriage and the church official who issued the certification. (54:2a)

TITLE SIX

Registration of Application for Marriage License

RULE 47. Reglementary Period and Place of Registration.— (1) Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar (now civil registrar) which shall specify the following:

a) Full name of the contracting party;

b) Place of birth;

c) Age and date of birth;

d) Civil status;

e) If previously married, how, when and where the previous marriage was dissolved or annulled;

f) Present residence and citizenship;

g) Degree of relationship of the contracting parties;

h) Full name, residence and citizenship of the father;

i) Full name, residence and citizenship of the mother; and

j) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. (Article 11, Family Code) (N)

(2) The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (Article 25, Family Code) (N)

RULE 48. Requisites of Application for Marriage License. — (1) The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default hereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents required by this Article (now Rule) need to be sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. (Article 12 paragraph 1, Family Code) (N)

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his 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 the locality. (Article 12 paragraph 2, Family Code) (N)

The presentation of the birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (Article 12 paragraph 3, Family Code) (N)

(2) In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding Article (now paragraph), the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the 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) (N)

(3) In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding Articles, exhibit to the 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. Such 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 recorded in both application for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (Article 14, Family Code) (N) aTHCSE

(4) Any contracting party between the age of twenty-one and twenty-five 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. 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) (N)

(5) In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding Articles attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counselling. Failure to attach said certificate of marriage counselling 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) (N) DCASIT

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counselling referred to in the preceding paragraph. (Article 16 paragraph 2, Family Code) (N)

(6) 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 advise the civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (Article 17, Family Code) (N)

(7) 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) (N)

(8) When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. (Article 21 paragraph 1, Family Code) (N)

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) (N)

(9) The local 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) (N)

(10) The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically cancelled at the expiration of 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) (N) HDAaIS

RULE 49. Number of Copies to be Accomplished for Distribution.— It shall be the duty of the contracting parties to accomplish four (4) copies of the Application for Marriage License for registration. After the registration, the civil registrar shall distribute copies of the document bearing the civil registry number as follows: first copy to the registrant; second copy to the Office of the Civil Registrar-General; third copy shall be retained for his file; and fourth copy to the solemnizing officer. (N)

TITLE SEVEN

Registration of Court Decree/Order

RULE 50. Reglementary 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 advise 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. (58:1a)

(2) If it is another person who shall register the decree other than the clerk of court, the civil registrar shall verify if the copy of the decision is authentic. Otherwise, he shall refuse the registration thereof. It is likewise the duty of the clerk of court which issued the decree to ascertain whether the same has been registered, and if not, to have the said decree recorded. (58:1a)

(3) 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 from receipt thereof. (37:2a)

RULE 51. 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. (N)

RULE 52. Number of Copies to be Submitted for Registration and Distribution.— 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. (N) HSaIDc

RULE 53. Registration of a Decreeof Adoption Issued by Foreign Court.— A decree of adoption issued by a foreign court is acceptable for registration in the Philippines and the same 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. (21 SCRA 1033) (39:1a)

RULE 54. Annotations in the Civil Register.— (1) After recording the decree of adoption in the civil register and assigning a registry number by the civil registrar of the city or municipality where the court issuing the decree is situated, the adopter, natural parents of the child, adopted child, clerk of court or any interested party shall submit one copy of said decree to the civil registrar of the city or municipality where the birth of the adopted child was recorded for annotation in the Register of Births and for the preparation of amended Certificate of Live Birth. (38:1a)

(2) The following annotation shall be made under the column "Remarks" of the Register of Births, along the line where the facts of birth of the adopted child are entered: "Adopted by (state the name of the adopter) pursuant to a decree issued by (state the name of the judge) of (state the name of the court, branch number and location) in special proceedings number (state the case number) on (state the date of the decree)." (N)

RULE 55. Preparation and Issuance of the Amended Certificate of Live Birth of the Adopted Child.— (1) The following requirements shall be complied with by the concerned parties:

a) 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;

b) authenticated copy of the adoption decree bearing registry number and date of registration;

c) 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 delayed registration of birth;

d) if the adopted child was a 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, or from reliable and competent sources;

e) 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

f) 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. (N)

(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. However, the adopted child shall be entitled to an amended Certificate of Live Birth pursuant to Article 37 of Presidential Decree No. 603. (41a)

(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:

a) 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; CcSTHI

b) 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 the mother, as the case may be; and

c) 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. The date and place of marriage of the adopting parents shall be entered in the appropriate space of the amended Certificate of Live Birth of the adopted in case the husband and wife jointly made the adoption. Otherwise, when there is only one adopter, the entry shall be "not applicable." (N)

RULE 56. Nature of Proceedings and Records. — All records, books and papers relating to the adoption shall be kept strictly confidential subject to the provision of Article 38, P.D. 603. (N)

RULE 57. 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. (28a)

(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. (N)

RULE 58. Correction of Entry. — (1) No entry in the civil register shall be changed or corrected, without judicial order. (Article 412, Civil Code) (59:1a)

(2) The correction of clerical errors of a harmless and innocuous nature shall be made only upon the order of a competent court example, a) name which is clearly misspelled; b) occupation of parents; c) insertion of additional name; and d) any other entries. (59:1a)

(3) The entry appearing in the register shall remain and the corrected entry shall be indicated in the remarks column of the register. (N)

(4) When the interested party requests a copy of his/her record, a certified true copy or a certified transcription bearing the annotation, "Correction of Entry" giving reference to the entry number in the Register of Court Decrees shall be issued. The certified transcription to be issued shall bear the correction as ordered by the court. (N) ESTCHa

RULE 59. Change of Name. — (1) No person can change his name or surname without judicial authority. (Article 376, Civil Code) (N)

(2) The name appearing in the civil register shall remain and the new name shall be indicated in the remarks column of the same civil register. (41:a)

(3) When the interested party requests a copy of his/her record, a certified true copy or a certified transcription bearing the annotation "Change of Name" giving reference to the entry number in the Register of Court Decrees shall be issued. The certified transcription to be issued shall bear the new name as per court order. (41:a)

RULE 60. Presumptive Death.— Presumptive death as defined by law is not registrable. However, a judicial order or declaring a person presumptively dead shall be registered. For the purpose of contracting a subsequent marriage, annotation shall be recorded in the marriage register as well as in the marriage certificate with the remarks as follows: (N)

"Spouse declared presumptively dead as per courtdecree issued byRegional Trial Court of ___________________ Branch _________ on_______________ under Case No._______________."

TITLE EIGHT

Registration of Legal Instruments

RULE 61. Place of Registration.— (1) As a general rule, all legal instruments shall be registered in the civil registry 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; and

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. (N)

(2) All legal instruments executed abroad shall be registered in the civil registry office of Manila. (N)

RULE 62. Number of Copies to be Submitted for Distribution.— It shall be the duty of the person concerned to submit four (4) copies of the legal instrument to the civil registrar of the city/municipality where the legal instrument was executed, except when otherwise provided for registration. After registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days as follows: first copy to the Office of the Civil Registrar-General; second copy to the civil registrar where the event was originally recorded; third copy to the registrant; and fourth copy shall be retained for filing. (N)

RULE 63. Affidavit of Reappearance. — A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry office of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (Article 42, Family Code) (N)

RULE 64. Affidavit of Acknowledgment/Affidavit of Admission of Paternity.— (1) It shall be the duty of the parents or parent who executed the instrument of acknowledgment to send the original copy to the civil registrar of the municipality where the birth of the acknowledged child was registered not later than twenty (20) days after the execution of the instrument, for registration in the Register of Legal Instruments and proper annotation in the Register of Births. (34a)

(2) The original family name of the child appearing in the Register of Births shall not be erased or deleted, but in the remarks space shall be written "Acknowledged by __________________ (name of acknowledging parents) on ___________________ (date)" indicating therein the full name the child, born before 3 August 1988, shall bear by virtue of the acknowledgment, giving reference to the entry number in the Register of Legal Instruments. (35a) cDSAEI

(2) When the interested party requests a copy of the birth certificate of an acknowledged child, a certified copy of the Certificate of Live Birth bearing the annotation "Acknowledged by ________________________ (name of acknowledging parent/s) on _________________ (date)";"Family name changed to ___________________";and Registry No._________________ (Legal) Instruments)" or a certified transcription using standard form from the Register of Births bearing the effects of acknowledgment and likewise the remarks "Acknowledged on _________________" shall be issued. For all those born on or after 3 August 1988, the remarks "Family name changed to _______________" is not applicable. (N)

RULE 65. Authorization or Ratification of Artificial Insemination. — (1) Children conceived as a result of artificial insemination of the wife the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil register together with the birth certificate of the child. (Article 164, Family Code) (N)

(2) The birth of the child shall be registered in the Register of Births. (N)

RULE 66. Legitimation by Subsequent Marriage of Parents. — (1) "Legitimation" is a remedy by means of which those who in fact were not born in wedlock and should therefore, be considered illegitimate, are, by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the Philippines, Article V. Sempio-Diy) (N)

(2) 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, Family Code) (N)

(3) Legitimation of children by subsequent marriage of parents shall be recorded in the civil registry office of the place where the birth was recorded. The requirements for registration of legitimation of illegitimate children are:

a) Certificate of Marriage;

b) Certificate of Live Birth of the child;

c) Acknowledgment (not required for illegitimate children born on or after 3 August 1988);

d) Affidavit of legitimation executed by both parents which shall contain the following facts:

(1) the names of the parents;

(2) that at the time when the child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage;

(3) the date and place when such marriage was solemnized;

(4) the name of the officer who officiated the marriage;

(5) the city or municipality where such marriage was recorded;

 

(6) the name of the child to be legitimated and the other facts of birth;

(7) the date and place where the birth of the child was registered; and

(8) the manner by which the child was acknowledged by the parents which may be in the child's record of birth, in a will, a statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988).(29a)

(4) For a child to be considered legitimated by subsequent marriage, it is necessary that:

a) the parents could have legally contracted marriage at the time the child was conceived;

b) that the child has been acknowledged by the parents before or after the celebration of their marriage; and

c) the acknowledgment has been made with the consent of the child, if of age, or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing. (30a)

(5) The original family name of the child as appearing in the Register of Births shall not be erased or deleted, but in the remarks space shall be written "Legitimated by Subsequent Marriage" indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Register of Legal Instruments. (32)

(6) When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the Certificate of Live Birth bearing the annotation. "Legitimated by Subsequent Marriage on ____________________ (date of marriage) at _________________________ (place of marriage)" or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (N)

RULE 67. Option to Elect Philippine Citizenship.— (1) The option to elect Philippine citizenship in accordance with subsection (4) Section 1, Article IV, of the Constitution shall be expressed in a statement to be signed and sworn by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines. (Section 1, C.A. No. 625) (N)

(2) The instrument of an option to elect Philippine citizenship shall be registered at the Office of the Civil Registrar of the city/municipality where the instrument was executed not later than thirty (30) days from the date of execution and upon payment of the required fee of ten pesos (P10.00) and other required fees. (43:1a)

(3) After registration of the instrument of election, the civil registrar shall furnish the Office of the Civil Registrar-General and the Solicitor General a copy of each of the document. (43:2a)

(4) Only legitimate children of an alien father and a Filipino mother at the time of marriage of her alien husband are entitled to elect Philippine citizenship under the 1935 Constitution of the Philippines and Commonwealth Act No. 625 upon attaining the age of majority. (Op. No. 387, Series 1951) (44:1) IACDaS

(5) Under the 1973 Constitution, those whose fathers or mothers are citizens of the Philippines are considered Filipinos and shall no longer elect Philippine citizenship upon attaining the age of majority. However, this applies only to persons born on or after January 17, 1973. (44:2)

(6) Election of the Philippine citizenship executed, subscribed and sworn to before the Philippine Embassy and Consular Officer abroad, together with his oath of allegiance, shall be registered in the Office of the Civil Registrar of Manila. (Section 2, C.A. No. 625) (45a)

RULE 68. Repatriation.— (1) The instrument of repatriation and the call of allegiance to the Constitution and the Government of the Philippines shall be filed in the Office of the Civil Registrar of the city/municipality where the instrument was executed. However, if the Philippine citizenship is re-acquired by naturalization, the order of the court granting citizenship shall be recorded in the Register of Court Decrees/Orders following the rules of registration of court decrees. (42:1a)

(2) When the party requests a certified true copy of the legal instrument registered, a certified copy shall be issued upon payment of fees prescribed by laws. (N) TIcAaH

TITLE NINE

Penal Provisions

RULE 69. Violations of Act No. 3753.— 1) Any person who shall knowingly make false statements in the forms furnished and shall present the same for entry in the civil register, shall be punished by imprisonment for not less than one month nor more than six, or by a fine of not less than two hundred pesos nor more than five hundred, or both, in the discretion of the court. (Section 16) (64)

(2) Any person whose duty is to report any fact concerning the civil status of persons and who knowingly fails to perform such duty, and any person convicted of having violated any of the provisions of Act 3753, shall be punished by a fine of not less than ten nor more than two hundred pesos. (Section 17) (66)

(3) Any local civil registrar (now civil registrar) who fails properly to perform his duties in accordance with the provisions of this Act and of the regulation issued hereunder, shall be punished, for the first offense, by an administrative fine in a sum equal to his salary for not less than fifteen days nor more than three months, and for a second or repeated offense, by removal from the service. (Section 18) (67a)

RULE 70. Violations of Act 3613.— (1) Any municipal secretary or clerk of the Municipal Court of Manila who issues a marriage license to a person entitled thereto or fails to issue the same within twenty-four hours after the time when, according to law, it was proper to issue the same, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than two hundred pesos nor more than two thousand pesos. (Section 38) (N)

(2) Any priest or minister solemnizing marriage without being authorized by the Director of the Bureau of Public Libraries (now by the Civil Registrar-General) or who upon solemnizing marriage refuses to exhibit his authorization in force when called upon to do so by the parties or parents, grandparents, guardians, or persons having charge; and any bishop or officer, priest, or minister of any church, religion or sect the regulations and practices whereof require banns or publications previous to the solemnization of marriage in accordance with Section 10 who authorized the immediate solemnization of a marriage that is subsequently declared illegal or any officer, priest or minister solemnizing marriage in violation of the provisions of this Act, shall be punished by imprisonment of not less than one month nor more than two years, or by a fine of not less than two hundred pesos nor more than two thousand pesos. (Section 39) (N) HDacIT

(3) Any officer, minister or priest, solemnizing marriage in a place other than those authorized by this Act, shall be punished by a fine of not less than twenty-five pesos nor more than three hundred pesos, or by imprisonment of not more than one month, or both, in the discretion of the court. (Section 40) (N)

(4) Any officer, priest, or minister failing to deliver to either of the contracting parties one of the copies of the marriage contract (now Certificate of Marriage) or to forward the other copy to the authorities within the period fixed by law for said purpose, shall be punished by imprisonment of not more than one month, or by a fine of not more than three hundred pesos, or both, in the discretion of the court. (Section 41) (N)

(5) Any officer, priest, or minister who, having solemnized a marriage "in articulo mortis" or any other marriage of an exceptional character (now marriage exempt from license requirement),fails to comply with the provisions of Chapter II of this Act, shall be punished by imprisonment of not less than one month nor more than two years, or a fine of not less than three hundred pesos nor more than two thousand pesos, or both, in the discretion of the court. (Section 42) (N)

(6) Any priest or minister of the gospel of any denomination, church, sect, or religion convicted for violation of any of the provisions of this Act, or of any crime involving moral turpitude shall, in addition to the penalties incurred in each case, be disqualified to solemnize marriage for a period of not less than six months nor more than six years at the discretion of the court. (Section 45) (N)

RULE 71. Violation of C.A. No. 625.— The penalty of prision correccional,or a fine not exceeding ten thousand pesos, or both, shall be imposed on anyone found guilty of fraud or falsehood in making the statement prescribed for the registration of option to elect Philippine citizenship. (Section 4 CA No. 625) (65a)

RULE 72. Violation of Family Code. — An irregularity in the formal requisites of marriage (Authority of Solemnizing Officers, marriage license, marriage ceremony) shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (Article 4, paragraph 3, Family Code of the Philippines) (N)

TITLE TEN

Final Provisions

RULE 73. Civil Registry Law Coverage. — The provisions of the Civil Registry Law, Act No. 3753, and of the special laws having reference to the civil registry shall govern any and/or other matters not herein provided. (68)

RULE 74. Repealing Clause.— All previous rules and regulations, orders, memoranda or circulars issued by the Civil Registrar-General not inconsistent with these rules and regulations shall continue to be in full force and effect, otherwise, the same shall be deemed repealed or modified accordingly. (69) EHCcIT

RULE 75. Effectivity Clause. — These rules and regulations shall take effect fifteen (15) days after publication in the Official Gazette.(N)

 

DONE in the City of Manila, Philippines, this 18th day of December, 1992.

(SGD.) TOMAS P. AFRICAAdministrator

Approved:

By Authority of the President:

(SGD.) EDELMIRO A. AMANTE, SR.Executive Secretary

Published in the Official Gazette, Vol. 89 No. 2, on January 11, 1993.

Footnotes

N. B. The notation in parenthesis after each paragraph or rule indicates the source of that rule.

(N) means a new rule or regulation;

('n') where 'n' is any number, means the nth rule of Administrative Order No. 1 series of 1993, as in (3) to mean Rule 3 of the 1983 Administrative Order;

(a) means an amendment of a specified rule as in (3a) to mean Rule 3, as amended.