Rules and Regulations Governing the Implementation of R.A. No. 9858

October 26, 2010

NSO ADMINISTRATIVE ORDER NO. 01-10

Section 1 of Republic Act (R.A.) No. 9858 further amended Article 177 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, to read as follows:

"Art. 177. 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, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

Commonwealth Act No. 591 mandates the National Statistics Office (NSO) through the Office of the Civil Registrar General (OCRG) to carry out and administer the provisions of Act No. 3753 otherwise known as the "Civil Registry Law."

Section 8 of Act No. 3753 provides for the registration of legitimation by subsequent marriage of parents in the civil register.

Pursuant to Section 2 of R.A. No. 9858, the following rules are hereby adopted.

RULE 1. Coverage. —

These rules shall apply to all children conceived and born outside of marriage of parents who, at the time of conception of the child, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age.

RULE 2. Definition of Terms. —

As used in these rules, the following terms shall mean:

2.1 Legitimation — is a process where a child born out of wedlock is considered legitimate by fiction of law due to the subsequent valid marriage of his/her parents.

2.2 Minor parent — a person under 18 years old who has a child.

2.3 Legal impediment — refers to all causes and circumstances that may render the marriage void under the Family Code of the Philippines such as:

a. prior existing marriage;

b. those contracted by any party below eighteen years of age even with the consent of parents or guardians;

c. those solemnized by any person not legally authorized to perform marriage unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

d. those solemnized without a license, bigamous or polygamous marriages not falling under Article 41;

e. those contracted through mistake of one contracting party as to the identity of the other; and

f. those subsequent marriages that are void under Article 53.

RULE 3. Requisites for Legitimation. —

Before a child may be legitimated, the following shall be established:

3.1 The parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s;

3.2 The child is conceived and born outside a valid marriage;

3.3 The parents subsequently enter into a valid marriage.

RULE 4. Affidavit of Legitimation. —

4.1 Who shall Execute

4.1.1 Both parents shall execute a Joint Affidavit of Legitimation; and

4.1.2 The surviving parent in case one of the parents dies or is presumed dead, shall execute an Affidavit of Legitimation.

 In case where both parents died without executing any Affidavit of Legitimation, the child, if of age, may file a petition for legitimation in court. If the child is a minor, the judicially appointed guardian or by persons authorized by law to exercise substitute parental authority as enumerated under Article 216 of the Family Code of the Philippines may file the petition in court.

4.2 Contents of the Affidavit of Legitimation

 The Affidavit of Legitimation shall contain the following:

4.2.1 the names of the parents and place of residence;

4.2.2 the date and place when such marriage was solemnized;

4.2.3 the name of the officer who officiated the marriage;

4.2.4 the name of the child to be legitimated;

4.2.5 the date and place where the child was born;

4.2.6 a statement that at the time when the child was conceived, the aforesaid parents were not disqualified by any impediment to marry each other except age, and that they subsequently entered into a valid marriage; and

4.2.7 a statement that by virtue of the subsequent marriage, the said child is now legitimated.

RULE 5. Registration Procedures. —

5.1 Who shall Register

 The following shall register the affidavit of legitimation:

5.1.1 The father and/or mother of the child to be legitimated; or

5.1.2 The child if of legal age; or

5.1.3 Any person authorized by the above or by law as provided by Article 216 of the Family Code.

5.2 What to Register

 The Affidavit of Legitimation shall be registered. It shall be supported by the following documents:

a. Certified True Copy (CTC) of the Certificate of Live Birth of the child;

b. CTC of the Certificate of Marriage of parents;

c. Certificate of No Marriage of both parents;

d. Death certificate of the deceased parent/s in case of death of either parent; and

e. Court order of the presumptive death, in case one of the parents is presumed dead.

5.3 When to Register

 The Affidavit of Legitimation shall be registered within thirty (30) days from the date of execution.

5.4 Where to Register

5.4.1 The Affidavit of Legitimation executed within the Philippines shall be registered at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred in the Philippines.

5.4.2 The Affidavit of Legitimation executed within the Philippines shall be registered at the City Civil Registrar (CCR) of Manila, if the birth occurred outside the Philippines.

5.4.3 The Affidavit of Legitimation executed outside the Philippines, whether the birth occurred within or outside the Philippines, shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents reside. The CCR of Manila shall register the authenticated Affidavit of Legitimation.

RULE 6. Effects of Legitimation. —

6.1 The effects of legitimation shall retroact at the time of the birth of the child. The child shall enjoy the same rights as legitimate children. (Article 174 of the Family Code of the Philippines)

6.2 The annulment of a voidable marriage shall not affect the legitimation. (Article 178 of the Family Code of the Philippines)

6.3 The Certificate of Live Birth (COLB) and Register of Births shall be annotated as follows:

6.3.1 If the birth was registered using the surname of the father:

"Legitimated by the subsequent marriage of parents <Name of Father> and <Name of Mother> on <Date of Marriage> at <Place of Marriage> under registry number <Registry Number of the Affidavit of Legitimation>." TIADCc

6.3.2 If the birth was registered using the surname of the mother:

"Legitimated by the subsequent marriage of parents <Name of Father> and <Name of Mother> on <Date of Marriage> at <Place of Marriage> under registry number <Registry Number of the Affidavit of Legitimation>. The child shall be known as <Name of the child by virtue of the legitimation>."

RULE 7. Issuance of Certified Copy of Certificate of Live Birth (COLB) and Certified Transcription from the Register of Births (LCR Form 1A). —

7.1 No entry in the original copy of the COLB shall be changed when a certified true copy is issued. It shall only bear the annotation as provided under Rule 6.3.

7.2 The certified transcription (LCR Form 1A) from the Register of Births issued shall bear the following effects:

a. The last name of the child shall be changed to the surname of the father;

b. The middle name of the child shall be the maiden surname of the mother;

c. The name of the father and other relevant information, if not indicated in the COLB shall be entered;

d. The entry on the date and place of marriage shall be entered.

 The annotation "Legitimated by subsequent marriage of parents under Registry Number <Registry Number of the Affidavit of Legitimation>" shall appear on the Remarks space.

RULE 8. Processing of Documents at the Local Civil Registry Office (LCRO). —

8.1 For births occurring in the Philippines and the Affidavit of Legitimation executed in the Philippines

8.1.1 The City/Municipal Civil Registrar (C/MCR) shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency;

8.1.2 The C/MCR shall register the Affidavit of Legitimation in the Registry of Legal Instruments;

8.1.3 The C/MCR shall annotate the COLB and the Register of Births;

8.1.4 The C/MCR shall issue a certified copy of COLB or certified transcription (LCR Form 1A) with annotations and/or Affidavit of Legitimation upon request of authorized persons (Section 7, Presidential Decree 603);

8.1.5 The C/MCR shall send to OCRG certified copy of the following:

a. Annotated COLB;

b. COLB without annotation, if available;

c. Affidavit of Legitimation;

d. Certificate of Registration of the Affidavit of Legitimation;

e. Certificate of Marriage; and

f. Other supporting documents as applicable such as Certificate of Death, Divorce, Declaration of Nullity, etc.

8.2 For births occurring in the Philippines and the Affidavit of Legitimation executed outside the Philippines

8.2.1 The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents reside.

8.2.2 The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency;

8.2.3 The CCR of Manila shall register the authenticated Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

8.2.4 The CCR of Manila shall forward a copy of the Affidavit of Legitimation and supporting documents as mentioned in 5.2 to the C/MCR where the birth was registered.

8.2.5 The C/MCR where the birth was registered shall annotate the COLB and the Register of Births;

8.2.6 The C/MCR where the birth was registered shall issue a certified copy of COLB or certified transcription (LCR Form 1A) with annotations upon request of authorized persons (Section 7, Presidential Decree 603);

8.2.7 The C/MCR where the birth was registered shall send to OCRG certified copy of the following:

a. Annotated COLB;

b. COLB without annotation, if available;

c. Affidavit of Legitimation;

d. Certificate of Registration of the Affidavit of Legitimation;

e. Certificate of Marriage; and

f. Other supporting documents as applicable such as Certificate of Death, Divorce, Declaration of Nullity, etc.

8.3 For births occurring outside the Philippines and the Affidavit of Legitimation executed in the Philippines

8.3.1 The CCR of Manila shall register the Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

8.3.2 The CCR of Manila shall forward a copy of the Affidavit of Legitimation and supporting documents to the OCRG.

8.4 For births occurring outside the Philippines and the Affidavit of Legitimation executed outside the Philippines

8.4.1 The Affidavit of Legitimation shall be authenticated by the Consul General or his/her representative in the nearest Philippine Consulate General or Embassy which has jurisdiction over the place where one or both of the parents reside.

8.4.2 The CCR of Manila shall examine the Affidavit of Legitimation and the supporting documents for authenticity, completeness and consistency;

8.4.3 The CCR of Manila shall register the authenticated Affidavit of Legitimation together with the supporting documents as mentioned in Rule 5.2.

8.4.4 The CCR of Manila shall forward a copy of the Affidavit of Legitimation and supporting documents to the OCRG.

RULE 9. Processing of Documents at the OCRG. —

9.1 The OCRG shall examine the annotated COLB, Affidavit of Legitimation and all supporting documents submitted for authenticity and consistency;

9.2 The OCRG shall annotate Report of Births following Rule 6.3;

9.3 The OCRG shall file the documents submitted by the C/MCRs in its archives; and

9.4 The OCRG shall issue a certified copy of the annotated COLB and/or Affidavit of Legitimation upon request of authorized persons (Section 7, Presidential Decree 603).

RULE 10. Retroactivity Clause. —

These rules shall have retroactive effect for all births occurring within and outside the Philippines after the effectivity of the Family Code.

RULE 11. Separability Clause. —

If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the remaining portions thereof shall not be affected by such declaration.

RULE 12. Repealing Clause. —

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly.

RULE 13. Effectivity. —

These rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

Approved this 26th day of October 2010.

(SGD.) CARMELITA N. ERICTACivil Registrar General