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Directory
of Municipal Civil Registrars in
Antique
CIVIL
REGISTRATION
For Indigenous Cultural Communities/Indigenous Peoples
HISTORICAL
BACKGROUND OF CIVIL REGISTRATION IN THE PHILIPPINES
There was no formal civil registration in the country
before the colonizers came. The laws and decrees issued during the early Spanish
regime were not concerned with registration of vital events. Censuses were also
non-existent so that very little was known about its population. Fragmentary
evidence shows that some count on the fighting strength of each barangay was
made when tribal wars were frequent. Even the laws and decrees issued during the
latter part of the Spanish regime were not concerned with registration of vital
events.
However, the Catholic Church required every parish to keep
books of records of baptism, marriages and deaths. The various religious orders,
especially the Augustinian, Dominican, Franciscan and Recollect Orders,
maintained full records of these events and kept these books in their parochial
archives. This was the only system of recording of vital events in the country
in those years. Unfortunately, most of these carefully preserved early records
disappeared except those from 1876 to 1885, inclusive, which are complete. It is
interesting to note that the cause of death was often omitted in the early
registrations of death.
It was only on 8 December 1889 when the Civil Code of Spain
took effect as law that institutions of civil registry and civil marriage were
first established in the Philippines. But in less than a month, the same
provisions pertaining to marriage, divorce, and civil registry were suspended by
an order from Governor General Weyler. (Manual on Civil Registration, OCRG,
Manila, 1983, pp.1-2).
The Centro Estadistica (Central Office of Statistics) was
created as a dependency of the Direccion General de Administration Civil (Bureau
of Civil Administration). Under this set up, the parish priests were required to
send to the Central Office of Statistics in Manila, a detailed statements of
Births, marriages, and deaths that had occurred in their respective parishes
during the year immediately preceding their reports. Registration of Births
included the name, and sex of the child and the place of birth. The marriage
register covered the full names of the contracting parties, their ages, sexes,
races and birthplaces, and some remarks pertinent to the information given.
Death records indicated the name, age, sex and place of birth of the deceased.
Thus, the organization of this Central Office of Statistics marked the beginning
of the scientific treatment of vital statistics in the Philippines. (Manual on
Civil Registration, OCRG, Manila, 1983,p. 2).
Civil Registration in the Philippines underwent further
changes during this period. The Municipal Law or Act No. 82, enacted by
the Philippine Commission of 1901 provided in its Section 20 that each municipal
Secretary shall maintain the civil registers of his locality.
On 21 October 1901, the Bureau of Archives was created by the
promulgation of Act No. 273. Section 3 of the Act provided that one of the
duties of the Chief of the Bureau was “ to have the care and custody of such
public records in accordance with law or by the direction of the Civil Governor
which shall be deposited in the insular archives”. The Bureau thus became the
depository of important documents and some civil registry records kept there
were referred to as Old Spanish Documents.
The Provision was later incorporated in the Administrative
Code of 1916 (Act No. 2659) and subsequently in the Revised Administrative Code
of 1917 (Act No. 2711) as part of its Section 2212.
On 8 March 1922, the Bureau of Archives was incorporated as
one of the divisions of the National Library. (Act No.3022). The municipal
secretaries were required to submit quarterly reports on all registration
matters to the Chief of the Division of Archives. These regulations marked the
onset of centralization of civil registry records. Records available in the
Archives Division were those on Births, marriages and deaths from 1 January 1922
to 31 December 1931. Statistics on births, marriages, and deaths from 1800 to
1899 were kept in the Spanish Document Section of the Archives Division.
However, these were not sorted, classified nor catalogued. (Manual on Civil
Registration, OCRG, Manila 1983,pp.2-3).
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WHAT IS CIVIL REGISTRATION?
It is a continuous, permanent and compulsory recording of vital events in the
life of an individual as birth, marriage, death, as well as all decrees, legal
instruments & judicial orders affecting his civil status in appropriate
registers as mandated by Act No.
3753, the Civil Registry
Law.
Republic Act 3753 known as Civil Registry Law was approved on November 26,
1930 and took effect on February 27, 1931. It has for its purpose the
establishment of a civil register in the Philippines wherein act, events, legal
instruments and court decrees concerning the civil status of persons shall be
recorded. The law excludes acts and events that occurred prior to February 27,
1931 and considered them as non-registrable. The director of National Library
was then designated as Civil Registrar General to enforce the provisions of
Civil Registration Law and the Municipal Treasurers acted as the Local Civil
Registrar in their municipality of assignment. The authority of the Solemnizing
Officers were also issued by the National Library.}
In 1940, CA Act 591, created the Bureau of the Census and
Statistics (Aug. 19, 1940) and transferred the functions of civil registration
to the newly created Bureau, “ to carry out and administer the provisions of
Act 3753”.
In 1983, B.P. Blg. 337 transferred the function of civil
registration from the municipal Treasurer to the Municipal Development Planning
and Development Coordinator for the purpose of generating statistics needed for
planning that can be derived from the data on civil registration.
Article Nine, Sec. 479 of the Local Government Code of 1991
recognized the importance of civil registration, thus separated the function of
the civil registrar from the MPDC by creating a mandatory position of Municipal
Civil Registrar for every municipality. With the created positions of MCRs, the
function of civil registration is no longer an extension or additional function
to a certain position such as the MPDC, the office hope for a great improvement
in the field of civil registration in the country.
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WHAT ARE VITAL EVENTS?
Vital events are those which have to do with an individual’s
entrance into or departure from life, together with the changes in civil status
which may occur to him during his lifetime. (UN Handbook of Vital Statistics
Methods,p.1).
In the Philippines, these events are birth, death, marriage,
annulment of marriage, declaration of void marriage, foundling, legal
separation, legitimation, acknowledgement, guardianship, adoption, change of
name, naturalization, election of Philippine citizenship, civil interdiction,
judicial determination of filiation and emancipation of minors. (Manual on Civil
Registration, OCRG, Manila, 1983).
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Who is charge to carry out and enforce the provisions
of the Civil Registry Law in the country?
The Administrator of the National Statistics Office in his capacity as Civil Registrar-General shall carry out and enforce the provisions of this act.
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Who will assist the Civil Registrar-General in
administering the Civil Registration function in the field offices?
In administering the provisions of Act No. 3753 and other laws on civil registration, the Civil Registrar-General is assisted by the Regional Directors and Provincial Statistics Officers of the National Statistics Office. They oversee and monitor civil registration activities within their respective area of jurisdiction.
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Who is charged to carry out and enforce the Civil
Registry Laws in the Cities and Municipalities?
The City Civil Registrar in the case of the City and the Municipal Civil Registrar in the case of a municipality
are charged to carry out and enforce the civil registry laws.
(see Directory of
Municipal Civil Registrars in Antique)
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USES OF CIVIL REGISTRATION DOCUMENTS
A. LEGAL USE
Generally, Civil Registry documents establish the occurrence of birth,
death, or marriages, and therefore provide prima facie evidence of facts
surrounding these events.
The following uses of the documents:
1. Births records present many facts about an individual
such as the person’s name, date and place of birth, parents, religion,
citizenship and many others.
2. Marriage certificate establishes a change in civil
status and the legal spouse.
3. Death certificate records the passing away of an
individual. These records are important in legal and personal transactions,
applying for jobs, obtaining passports for travel, entrance to school, claiming
insurance benefits and in others.
B. STATISTICAL USE
The records in civil registry documents provide reliable and accurate
data on the number of births, deaths, marriages, fetal deaths and adoptions. We
can also get data such as birth rate, death rate, marriage rate, prevalence of
diseases, mortality rate, and many others.
These are very essential in development planning and policy-making.
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REGISTRATION OF BIRTH
1. Who shall register?
1.) When the birth occurred in a hospital or clinic or in 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.
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.
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.
4.) When the birth occurs aboard a vehicle, vessel or airplane while in
transit, registration of the said birth shall be a joint responsibility of the
driver, captain or pilot and the parents, as the case may be.
2. When to register?
The birth of a child shall be registered within thirty (30) days from the
time of birth.
3. Where to register?
Registration of birth shall be made in the Office of the Civil Registrar
where the birth occurred with exemptions like 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.
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REGISTRATION OF DEATH
Who shall register?
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.
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.
3. Where death occurs in a vehicle/vessel/airplane, the driver/ ship captain/ pilot, as the case maybe, shall report such deaths 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.
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 purpose.
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 Death shall carry a mark that registration was made pursuant to Section 91 of
P.D. No. 856.
When to register? - Within 30 days from the time of death.
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REGISTRATION OF FETAL DEATH
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 breath nor
show any evidence of life, such as the beating of the heart, pulsation of the
umbilical cord or definite movement of voluntary muscles.
2. The registration of fetal death shall follow the procedure
in the registration of death.
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R EGISTRATION OF 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).
A. When and where to register?
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 exempted from license requirement, the prescribed
period is thirty (30) days, at the place where the marriage was solemnized.
B. Who will 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.
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Republic Act No. 9048
The law was enacted through a consolidation of House Bill No. 9797 and Senate
Bill No. 2159 authored by Congressman Magtanggol Gunigundo, Jr. and Senator
Renato Cayetano, respectively. It was approved by President Gloria M.
Arroyo on March 22, 2001 and took effect on August 22 of the same year.
The new law amends Article 376 and Article 412 of the Civil Code of the
Philippines. The former prohibits the changing of name or nickname of a
person without a judicial authority while the latter prohibits any corrections
or change of entry in a civil register without a judicial order.
Clerical or typographical errors under R.A. No. 9048 are limited to those mistakes committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, visible to the eyes or obvious to the understanding and can be corrected only by reference to other existing record or records.
For the change of first name or nickname, the grounds are the following: 1) Finds it ridiculous, tainted with dishonor or extremely difficult to write or pronounce; 2) The new first name or nickname has been habitually and continuously used by the petitioner and he has publicly known by that first name or nickname in the community, and; 3) The change will avoid confusion.
Excluded from coverage of the new law are those that involve the change of nationality, age, status or sex. An entry in the civil register previously corrected or first name previously changed on the basis of a court order shall not be corrected or changed again under
R.A. No. 9048.
The following supporting documents are admissible as basic requirements:
1. Certified machine copy of the certificate containing the alleged
erroneous entry or entries.
2. Not less than two (2) public or private documents upon which the
correction shall be based:
2.1. Baptismal certificate
2.2. Voter's affidavit
2.3. Employment record
2.4. GSIS record
2.5. SSS record
2.6. Medical record
2.7. Business record
2.8. School record
2.9. Driver's license
2.10. Insurance
2.11. Civil registry records ascendants
2.12. Land Titles/Tax Declaration
2.13. Certificate of Land Transfer
2.14. Bank Passbook
2.15. NBI/Police Clearance
2.16. And others.
3. Notice of certification of posting
Posting of the petition is required. It will become
available only ten (10) days after the acceptance of the petition by the City or
Municipal Civil Registrar (C/MCR).
4. Other documents
Depending on the nature of the clerical error to be
corrected, the petitioner may submit other relevant documents to the C/MCR to
furhter ensure approval of his petition. The C/MCR may also require other
documents in addition to what had already been submitted by the petitioner.
For the change of first name, the following supporting documents are
required:
1. All the documents required to be submitted by the petitioner for the
correction of clerical error shall be submitted also by the petitioner for
change of first name.
2. Clearance form authorities
Those with criminal record or those with pending
administrative, civil or criminal case are prohibited from changing their first
name.
Therefore, a petitioner for change of name shall be required to submit
clearances from the following authorities:
2.1. Employer, if employed
2.2. National Bureau of Investigation
2.3. Philippine National Police
2.4. Other such clearances as may be required by the City or Municipal Civil
Registrar.
3. Proof of publication
Petition for a change of first name is required to be
published in a newspaper of general circulation at least once a week for two (2)
consecutive weeks. As proofs of the publication, the petitioner is
required to submit the affidavit of publication from the publisher and copy of
the newspaper clipping.
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Republic Act No. 9255
What is R.A. 9255?
It is a law allowing illegitimate children
to use the surname of their father provided that the father has
acknowledge the child, amending Article 176 of Executive Order No. 209
(Family Code of the Philippines)
The law was signed by President Arroyo on
24 February 2004 and took effect on 19 March 2004, fifteen days after its
publication in the Manila Times and Malaya.
The implementing rules and
regulations (IRR) was approved on 18 May 2004 and took effect on 02 June
2004, fifteen days days after its publication in the Manila Times.
Scope of R.A. 9255
The law applies to all illegitimate
children born before or after the effectivity of R.A. 9255 which covers
unregistered births and registered births wherein illegitimate children
use the surname of their mother
What are the requirements in order that
an illegitimate child can use the surname of his/ her father?
The requirement is a document, public or
private, wherein the child is recognized as such by the father. These are
the affidavit found at the back of the certificate of Live Birth (COLB),
a separate public document executed by the father, or a private
handwritten instrument made by the father expressly recognizing the child
as his. In case of the latter, the instrument must be in the handwriting
of the father and signed by him.
The Affidavit to Use the Surname of the
Father (AUSF) is used in cases where recognition is made through a private
handwritten instrument, or when the birth has already been registered
under the mother's surname with or without father's recognition.
For private handwritten instruments, other
documents are required to be submitted to support the claim made. In
particular, submission of any two of the following is needed:
1. Employment records
2. SSS/ GSIS records
3. Insurance
4. Certification of membership in any
organization
5. Statement of Assets and Liabilities
6. Income Tax Return (ITR)
Consent of the child is necessary, if the
child is eighteen (18) years old or more at the time of the recognition.
Who may file?
The father, mother, child, if of the legal
age, or the guardian may file the public document or AUSF in order for the
child to use the surname of the father.
Where to file the public document or the
AUSF?
1. If the child was born in the Philippines
and the public documents or the AUSF was executed in the Philippines, the
public document or the AUSF shall be registered at the Local Civil
Registry Office (LCRO) of the place where the child is Born.
2. If the child was born in the Philippines
and the public document or the AUSF was executed outside the Philipines,
the public document or the AUSF shall be registered at the LCRO of Manila.
3. If the child was born outside the
Philippines and the public document or the AUSF was executed in or outside
the Philippines, the public document or the AUSF shall be registered at
the LCRO of Manila.
After registration of the public document
or the AUSF, the LCRO of the place of birth shall annotate the record of
birth and the appropriate entry in the registry book. For births which
occurred outside the Philippines, the annotation of the record of birth
shall be done by the OCRG.
When should the public document or the
AUSF be filed?
Recognition or acknowledgement made in a
public document other than the record of birth or the AUSF shall be
registered within 20 days from the date of execution.
Can an illegitimate child whose mother
is below eighteen years old when the child was born use the surname of
his/ her father pursuant to R.A. 9255?
Yes, provided that the father of the child
has admitted paternity of the child.
For registered births, can the original
surname of the child in the Certificate of Live Birth be changed or
corrected after availing R.A. 9255?
No. No entries in the Certificate of Live
Birth shall be changed or corrected. Only annotations shall be written in
the Certificate of Live Birth indicating the surname that the child shall
use.
For births yet to be registered, can the
child automatically use the surname of his/ her father?
Yes, provided that the father executes an
Affidavit of Admission of Paternity at the time of registration.
How to secure a copy of the annotated
document from OCRG?
Copies of annotated documents which
underwent through R.A. 9255 can be secured at the OCRG after submission of
the following documents:
a. Certified copy of the original
Certificate of Live Birth (no annotation)
b. Copy of the annotated document
c Certified copy of the public document and
AUSF or private handwritten instrument and AUSF, together with the
supporting documents and consent of the child, if eighteen (18) years old
or over.
How much is the processing fee for an
annotated document?
Processing fee is P125.00 per copy.
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What/Who
are the Indigenous Cultural Communities/Indigenous Peoples?
Group of people or homogenous societies identified by
self-ascription and ascription by others, who have
- continuously
live as organized community on communally bounded and defined
territory, and
- under
claims of ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language and
customs, traditions and other distinctive cultural traits, or
- through
resistance to political, social and cultural inroads of colonization,
non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos.
ICCs/IPs likewise include peoples who are regarded as indigenous on
account of their descent from the populations, which inhabited in the
country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the establishments of
present state boundaries, who retain some or all of their own social,
economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have been resettled
outside their ancestral domains.
What are the
Registrable Acts and Events for ICCs/IPs?
1)
Birth
2)
Death
3)
Marriage
4)
Dissolution of Marriage
5)
Revocation of Dissolution of Marriage
6)
Court decrees/orders and legal instruments insofar as applicable
for ICCs/IPs
What are the Registry Books
which shall be kept by the City/Municipal Civil Registrar aside from the
other registry books that are currently kept by them for ICCs/IPs?
1)
Register of Marriage Dissolution
2)
Register of revocation of dissolution of marriage
What are the Forms to
be Used?
1)
Municipal Form No. 102 (IP Form No.1)
2)
Municipal Form No. 103 (IP Form No.2)
3)
Municipal Form No. 97 (IP Form No. 3)
4)
IP Form No. 4 (Certificate of Dissolution of Marriage)
5)
IP Form No. 5 (Statement of Revocation of Dissolution of Marriage)
What are the
Requirements for Registration of Birth
of ICCs/IPs?
If person is below 18 years old:
1.
Four (4) copies of the Certificate of Live Birth (COLB) with
Attachment IP Form 1 duly accomplished and signed by the proper parties.
The name of the child maybe.
°
one name/indigenous/tribal name
° first
name/middle name and last name not following filial relationship
°
first name, middle name and last name according t filial
relationship
°
other names
If delayed registration:
1.
Accomplished affidavit for delayed registration at the back of the
COLB by the father, mother or guardian.
2.
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 acknowledged)
a)
bptismal certificate;
b)
school records (nursery kindergarten, or preparatory);
c)
income tax return of parent/s;
d)
insurance policy;
e)
medical records; and
f) certification
from tribal chieftain/leaders for the existence of the tribe in the area.
3.
Affidavit of two (2) disinterested persons who might have witnessed
or known the birth of the child
If person is 18 years old and above:
1)
all requirements for a child who is below 18 years old; and
2)
Certification of marriage, if married.
What are the
requirements for Registration of Death of ICCs/IPs?
1)
Four (4) copies of the Certificate of Death with Attachment IP Form
2 duly accomplished and signed by proper parties;
If delayed registration:
2)
Affidavit of delayed registration which shall be executed in
hospital/clinic administrator if the person died in hospital, clinic and
similar institution, or if person died elsewhere, by attendant at death.
The affidavit shall state the following:
-
name of the deceased
-
facts of death
-
date and place of burial/cremation
-
cause of not reporting the event within 30 days.
3)
Approval for registration by the health officer in the box provided
in the Certificate of Death
What are the requirements
for Registration of Marriage of ICCs/IPs?
If
delayed registration:
1)
The testimony of authorized community elders, solemnizing officers
or authorities of traditional socio-political structures and stating the
facts and circumstances of marriage.
What are the Requirements
for Registration of Dissolution of Marriage of ICCs/IPs?
1)
Five (5) copies of Certificate of Dissolution of Marriage duly
accomplished and signed by the proper parties;
2)
Certification from NCIP Provincial Office (of the area where the
marriage was celebrated) stating that the parties are members of a
particular ICC/IP and that tha marriage dissolution was made in accordance
with customary law and practice.
What are the
Requirements for Registration of Revocation of Dissolution of Marriage of
ICCs/IPs?
1)
Five (5) copies of Statement of Revocation of Dissolution of
Marriage duly accomplished and signed by the proper parties.
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