Permanent Validity of the Certificates of Live Birth, Death, and Marriage Act

July 28, 2022

REPUBLIC ACT NO. 11909

AN ACT PROVIDING FOR THE PERMANENT VALIDITY OF THE CERTIFICATES OF LIVE BIRTH, DEATH, AND MARRIAGE ISSUED, SIGNED, CERTIFIED, OR AUTHENTICATED BY THE PHILIPPINE STATISTICS AUTHORITY (PSA) AND ITS PREDECESSOR, THE NATIONAL STATISTICS OFFICE (NSO), AND THE LOCAL CIVIL REGISTRIES, AND THE REPORTS OF BIRTH, DEATH, AND MARRIAGE REGISTERED AND ISSUED BY THE PHILIPPINE FOREIGN SERVICE POSTS

SECTION 1. Short Title. — This Act shall be known as the "Permanent Validity of the Certificates of Live Birth, Death, and Marriage Act."

SECTION 2. Declaration of Policy. — It is the policy of the State to establish an effective system for providing copies of civil registry documents to all its citizens. The State likewise promotes efficiency and economy by removing duplicitous processes and requirements involving the issuance and use of those documents. Towards this end, the State shall enforce the permanent validity of the certificates of live birth, death, and marriage issued, signed, certified, or authenticated by the Philippine Statistics Authority (PSA) and its predecessor, the National Statistics Office (NSO), and the local civil registries, and the reports of birth, death, and marriage registered and issued by the Philippine Foreign Service Posts and transmitted to the PSA.

SECTION 3. Permanent Validity. — The certificates of live birth, death, and marriage issued, signed, certified, or authenticated by the PSA and its predecessor, the NSO, and the local civil registries shall have permanent validity regardless of the date of issuance and shall be recognized and accepted in all government or private transactions or services requiring submission thereof, as proof of identity and legal status of a person: Provided, That the document remains intact, readable, and still visibly contains the authenticity and security features: Provided, further, That this is without prejudice to an administrative or judicial correction that may be conducted pursuant to Republic Act No. 9858 entitled, "An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as Amended"; Republic Act No. 9048 entitled, "An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register without Need of a Judicial Order, Amending for this Purpose Articles 376 and 412 of the Civil Code of the Philippines"; Republic Act No. 10172 entitled, "An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register without Need of a Judicial Order, Amending for this Purpose Republic Act Numbered Ninety Forty-Eight"; and Republic Act No. 9255 entitled, "An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines," or in accordance with other existing laws, rules and regulations, and judicial decrees: Provided, finally, That the permanent validity of the Certificate of Marriage is applicable only in an instance where the marriage has not been judicially decreed annulled or declared void ab initio as provided for under the Family Code of the Philippines or any subsequent amendatory law on marriage. In cases when the texts on the certificate appear illegible, or an administrative correction or a judicial decree has been approved, the concerned person shall thus submit the new, amended, or updated certificate.

This provision likewise applies to reports of birth, death, or marriage registered and issued by the Philippine Foreign Service Posts, and transmitted to the PSA.

SECTION 4. Issuance of Civil Registry Documents; Reports of Philippine Foreign Service Posts. — The permanent validity herein declared notwithstanding, no person whose information on the occurrence and characteristics of vital events is registered in the civil registry, or the person's authorized representative, shall be prevented from securing a copy of civil registry documents in such number of prints or as often as necessary, subject to applicable payment of relevant fees prescribed by the PSA, the local civil registries and the Philippine Foreign Service Posts. The initial issuance of a certificate, request for replacement due to loss or damage, and reissuance upon presentation of a Certificate of Indigency from the Department of Social Welfare and Development (DSWD), shall be free of charge: Provided, That the Certificate of Indigency shall be based on the DSWD Listahanan in the subsequent reissuances.

This provision likewise applies to requests for the issuance of reports of birth, death, and marriage by the Philippine Foreign Service Posts.

SECTION 5. Prohibition Against Requiring a New Copy of a Certificate. — National government agencies and instrumentalities, government-owned and -controlled corporations, local government units, private companies, private and public educational institutions, and other nongovernment entities are prohibited from requiring the submission of another or newer copies of certificates of live birth, death, or marriage, and reports of birth, death, or marriage when a valid certificate can already be presented.

SECTION 6. Submission of Other Documents. — The submission of a PSA-authenticated birth certificate shall be without prejudice to the submission of other supporting documents that the end-user agency, company or entity may use in determining the identity of applicants, particularly those classified as special cases such as dual citizens, persons with dissolved marriages, and those with late registered certificates of live birth.

SECTION 7. Civil Registry Database. — Within six (6) months from the effectivity of this Act, the PSA shall, in coordination with the Department of Information and Communications Technology (DICT), develop a civil registry database and establish a virtual viewing facility in local civil registries and in the Philippine Foreign Service Posts, to verify the authenticity of the certificates of live birth, death, or marriage, and the reports of birth, death, or marriage, respectively. The facility shall incorporate such controls and safeguards as are appropriate and necessary, to ensure that only authorized personnel have access to the facility, and the confidentiality of the information is protected at all times, in accordance with the relevant provisions of Presidential Decree No. 603, or "The Child and Youth Welfare Code" as amended, and Republic Act No. 10173, or the "Data Privacy Act of 2012." The PSA may charge reasonable fees for the use of the virtual viewing facility.

To maximize the ease and convenience offered by technological advancements, the PSA shall continually upgrade its virtual viewing facility and prioritize the migration of its civil registry database into a fully digitized system. It shall likewise adopt appropriate policies relative to the submission of the certificates of live birth, death, or marriage, and the reports of birth, death, or marriage, towards facilitating the process of data registration.

SECTION 8. Penalty. — Any person who violates Section 5 of this Act shall, upon conviction, be punished with imprisonment of one (1) month and one (1) day to six (6) months or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), or both, at the discretion of the court.

If the violation is committed by a public official or employee, an accessory penalty of temporary disqualification to hold public office shall likewise be imposed.

If the violation is committed by a corporation, partnership, or association, the board of director, partner, trustee, official, or employee who directly or indirectly participated in the commission of the unlawful act provided under Section 5 hereof shall be liable.

A criminal liability as provided under Republic Act No. 9485, or the "Anti-Red Tape Act of 2007," as amended by Republic Act No. 11032, shall be imposed on "fixers" defined under the law, as any individual, whether or not officially involved in the operation of a government office or agency, who has access to people working therein, and whether or not in collusion with them, facilitates the speedy completion of transactions for pecuniary gain or any other advantage or consideration.

SECTION 9. Appropriations. — The amount necessary for the initial implementation of this Act shall be charged against the current year's appropriations of the PSA. Thereafter, such sums as may be necessary for the implementation of this Act shall be included in the annual General Appropriations Act.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the effectivity of this Act, the National Statistician shall, in coordination with the Secretaries of the Department of Foreign Affairs and the DICT, and the President of the Philippine Association of Civil Registrars, promulgate the necessary rules and regulations for the effective implementation of this Act.

SECTION 11. Separability Clause. — If any provision, section, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate, or impair other provisions, sections or parts hereof.

SECTION 12. Repealing Clause. — All other laws, rules and regulations, orders, circulars, and other issuances or parts thereof, which are inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved:

 

Lapsed into law on July 28, 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

Published in the Official Gazette, Vol. 118, No. 32, p. 9023 on August 8, 2022.

Published in the Daily Tribune on August 5, 2022.