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04 - 26 (1)

I came across this interesting article on yet another case of a defective NSO-certified (now PSA) birth certificate.  The writer narrated how his grandson’s passport application was denied because the kid’s birth certificate lacked the proper entries in the birthplace field.  To get the matter straightened out, the birth certificate owner needs to seek the assistance of the Civil Registry of Manila, wait for four months, and pay (exorbitant) fees.  All because a government employee supposedly neglected double-checking the entries on the child’s birth certificate before having it officially registered and submitted to the PSA.

The taxpayer in me wants to simply believe that the LCR employee who handled the filing of the child’s birth certificate is entirely at fault.  After all, it is part of their job to go over the entries in the document before making it official.

The former government employee in me (not from the LCR though) wants to think otherwise.

The fact remains that the Certificate of Live Birth, which is handed to the parents or relatives of the newborn child, either by a hospital staff, the midwife, or right at the LCR office, is accomplished in the presence of the parents or relatives.  They are then given enough time to review the contents of the document (30 calendar days from the date of birth), and when satisfied, affix their signatures at the bottom of the page, before this is submitted to the LCR and to the PSA.

How then are LCR employees accountable for erroneous entries on birth certificates when all they actually do is receive and file the documents for authentication of the PSA?

The Certificate of Live Birth is an official, public document similar with other forms we fill out at banks, schools, and government offices.  We are expected to provide our most accurate and updated information when filling out these forms to ensure that our transactions are processed seamlessly.  We do not let other people accomplish these documents for us.

We should treat our children’s Certificates of Live Birth the same way, bearing in mind that all information we allow to be written on this document shall serve as our children’s lifelong records, to be used as references of their identification and family history.  Oversights and errors will definitely cause them unnecessary delays and expenses in the future.

We wish to thank the article’s writer for sharing his experience; may we all learn a thing or two from this incident and take it upon ourselves to ascertain that our family’s civil registry documents are filled out accurately.

Because at the end of the day, you have no one else to blame for errors on your children’s birth certificates, except yourself.

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04 - 19

After the wedding party is over and all the gifts have been unwrapped, the newly-wed couple settles back and realizes that life continues in a normal fashion.  Reality sets in sooner than they expect and before long, they find themselves dealing with the same matters they dealt with when they were single.

One such matter is their finances.

While most couples succeed at creating an effective financial plan for their future family, some are not as lucky and find themselves parting ways because of money matters.  One way of settling this sensitive issue between couples is by having a prenuptial agreement.

What are prenuptial agreements and is this something everybody should consider before getting married?  Why do couples frown at the idea of signing a prenuptial agreement only to regret not having one in the end?

We researched on this topic and gathered relevant information that can help soon-to-be husbands and wives appreciate the value of having a prenuptial agreement before taking the plunge.

What is a Prenuptial Agreement?

A Prenuptial Agreement is a contract that covers the provisions on a couple’s division of property in the event of a separation (annulment, legal separation).  It sounds morbid (and oh so unromantic) but it will save you from the legal and emotional complications of separating properties in case the marriage does not work.

Why should a couple consider having a prenuptial agreement?

Contrary to popular belief, a Prenuptial Agreement is open not only to well-to-do couples and celebrities.  Even an average income earner must seriously consider signing one.  Below is a list of probable reasons to consider having a prenuptial agreement:

  1. One of you has children from a previous relationship.Your children from your previous marriage or relationship are heirs to your properties.  You can protect your children’s claims to their inheritance through a prenuptial agreement.
  2. One of you is a national of a country with a different set of rules governing property ownership.Since different countries have different laws regarding property ownership, a prenuptial agreement between you and your foreign national partner will simplify these matters.
  3. One of you is a co-owner of a business or an asset.Once you get married, your spouse automatically becomes a co-owner of a business you co-owned before the wedding.  If your business partners are not open to the idea of having an additional business partner, you may want to consider signing a prenuptial agreement.  This shall put your business partners’ qualms on shares to rest.
  4. One of you owns a considerable amount of assets.Your inheritance, savings from when you were single, or shares in a family business, are assets acquired prior to your marriage.  You have the liberty to choose to manage these assets on your own even after getting married.  To ensure your sole ownership, sign a prenuptial agreement.

In the absence of a prenuptial agreement, what governs the property relations between the spouses?

All properties acquired during the marriage shall be considered conjugal properties where husband and wife share in the property’s ownership.

For a prenuptial agreement to be legal and binding, the couple must both enter into it voluntarily.  Have the document notarized and recorded in the local civil registry.  This must be accomplished BEFORE your wedding date.

Source: http://news.abs-cbn.com/business/06/01/15/why-couples-should-consider-getting-prenup

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04 - 18

Filipinos like using nicknames.  We give our children unique sounding names such as ‘Jun-Jun’, ‘Ken-Ken’, and ‘Mac-Mac’.  Girls are named ‘Ging-Ging’, ‘Che-Che’, and sometimes, ‘Pot-Pot’.  Every family has a Tito Boy and a Tita Baby, a Kuya Boyet and an Ate Mayet, a Tito Tito or a Tita Tita.  Very seldom are we called by our real names.  When our parents call us by our complete names, we know we are in serious trouble.

While nicknames are fun and easy to remember, it has also caused problems for some.  Are there limitations to one’s use of his aliases?  When is it unlawful to use your nickname in public?  Did you know that there a lot of laws that touch on the use of nicknames and aliases?

Here is a list of Philippine laws that deal with an individual’s use of nicknames and aliases.  It pays to be properly informed because ignorance of the law excuses no one.  Don’t let your nickname get you in serious trouble.

What is a nickname or alias?

These are names we use publicly and habitually apart from our real names registered at birth or during baptism.  Any other name or names used by a person to distinguish himself other than his given name is called an alias (or aliases if the person has several).

Are nicknames or aliases allowed by law?

While Filipinos are not prohibited from using nicknames, there is a law that regulates the use of names other than one’s given name.  Commonwealth Act No. 142 (an Act to Regulate the Use of Aliases) was primarily intended to discourage the common practice among Chinese nationals who use different names and aliases in their business transactions.

Is the use of an alias in a business transaction or a public document automatically considered unlawful?

No.  Under the said Commonwealth Act, the use of a nickname or alias in a single instance without any indication that the user intends to be known by this name in addition to his real name does not fall within the prohibition.

The use of a nickname becomes illegal when it is meant to conceal or mislead, as detailed in the following laws involving false names and identities:

  1. The Anti-money Laundering Act of 2002 (Republic Act No. 9160, as amended), which requires banks and other covered institutions to establish and record the true identity of their clients based on official documents.
  2. The Revised Penal Code which penalizes the public use of a fictitious name for the purpose of concealing a crime or evading the execution of a judgment.
  3. The Civil Code of the Philippines which prohibits the use of different names and surnames, except for pen and stage names (usually observed among celebrities, authors, and the like).
  4. The Philippine Immigration Act of 1940 which penalizes any individual who shall evade the Immigration Laws by appearing under an assumed or fictitious name.
  5. The Tax Reform Act of 1997 which made it unlawful for any person to enter any false or fictitious name in a taxpayer’s books of accounts or records.
  6. Presidential Decree No. 1829 which penalizes any person who shall obstruct, impede, frustrate, or delay the apprehension of suspects by publicly using a fictitious name for the purpose of concealing a crime.
  7. Commonwealth Act 142 which penalizes any person who shall use any name different from the one with which he was registered at birth in the office of the local civil registry.

Nicknames and aliases is also one of the most common reasons why most Filipinos encounter problems with their birth certificates. By habitually using nicknames on public documents, they end up being listed under these aliases, contradicting the names written on their birth certificates.  This becomes a problem when the person applies for a passport, a license, or even when getting married.

Think twice before deciding to write your nickname on a public document.  Be careful you do not bring yourself unnecessary trouble by using a name you have been called since you were a kid.  Always choose to write your full name as written on your birth certificate.

Source: http://jlp-law.com/blog/when-the-use-of-aliases-violates-the-law/

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04 - 11

Joy gave birth to her eldest daughter before she turned 17 years old.  Since she was too young to care for her infant, her parents decided to claim Joy’s daughter as their own.  The baby was named Mia and Joy’s parents were listed as the baby’s parents in her birth certificate.

Ten years later, Joy married Mia’s biological father.  A few months into their marriage, both decided that it is time they took over the parental responsibilities for their one and only child.  This includes changing Mia’s last name to the last name of her biological father.  A lawyer friend explained that in order to achieve this, they need to adopt Mia.

Why do you need to adopt your own child?

Mia’s parents could have just easily filed for her Legitimation after they got married however, since Mia’s birth certificate shows her grandparents as her parents, they now need to adopt Mia so she can be legally recognized as their child.

What is the process of adopting your own child?

  1. The husband and wife must file a joint petition for adoption of Mia, with respect to Section 7 of R.A. 8552.  This must be filed at the Family Court of the province or city where the adopting parties reside.
  2. The petition should include the couple’s application for the change of surname of Mia.  Since Mia is already 16 years old at the time of adoption, her consent on the adoption is also needed.  She should be made aware that should she agree to the adoption, her last name will change to that of her biological father’s and custody will be transferred to her biological parents.

How will this kind of adoption be treated by the Family Court?

There are three kinds of adoption in the Philippines:

  1. Agency Adoptions – a licensed adoption agency finds and develops adoptive families for children under their care.
  2. Family or Relative Adoptions – where biological parents make a direct placement of the child to a relative.
  3. Private or Independent Adoptions – either a direct placement to a family known by the child’s biological parents or through the use of an intermediary or a go-between.

Mia’s adoption falls under Family or Relative Adoptions since her grandparents stood as her biological parents.  Take note that this could pose an issue in court as the grandparents might be accused of falsifying the child’s birth documents (listing themselves as Mia’s parents), but that is a separate matter that can be tackled in a different article later on.

What will be the effect of this kind of adoption?

  1. Mia’s legal ties with her grandparents (standing as her parents) will be severed.  They shall now assume the roles of grandparents to Mia and that is something they can deal with as a family.
  2. She will now be treated as a legitimate child of her adopters (who are actually her biological parents).
  3. Mia and her biological parents now have reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to:
    • The right of the adopter to choose the name the child is to be known;
    • The right of the adopter and adoptee to be legal and compulsory heirs of each other.

Joy and her husband’s petition for adoption was granted by the Family Court.  It took a while before Mia got used to her new living arrangement and still opts to spend her weekends with her grandparents.  Mia’s inheritance, as stated in her grandparents’ will, remained intact in spite of the changes in her name and legitimacy.

So yes, you can adopt your own child.  It all depends on the events surrounding your circumstances and, up to a certain degree, your lawyer’s skill in convincing the Family Court that your petition merits approval.

Reference: http://www.gov.ph/2002/07/31/rule-on-adoption/

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04 - 10

As a Senior Citizen, you can either buy your medicines personally or have someone else run the errand for you.  To be sure you are given your rightful discounts and privileges when purchasing your medicines, take note of the following reminders and requirements:

To avail of the 20% discount on medicines:

  1. Present your Senior Citizen’s ID and Purchase Slip Booklet duly approved by the Office of Senior Citizen Affairs (OSCA) Chairman.
  2. Present the Doctor’s prescription, making sure the following are clearly written:
    • Patient’s name, age, address, and date of prescription.
    • Generic name of the prescribed medicine.
    • Name and address of the doctor.
    • Doctor’s PTR number and S2 license (the latter is vital especially when prescribed medicines fall under the “prohibited and regulated drug” category).
  3. If the Senior Citizen patient could not afford the consultation fees of a private doctor, he may visit the nearest health center or government hospital in his area and secure a prescription free of charge.
  4. Any single dispensing should not be more than one week’s supply of medicines except of the following chronic conditions that require continuous use of medicines for a month:
    • Hypertension
    • Diabetes
    • Parkinson’s disease
    • Arthritis
    • TB
    • Cancer
    • Psychosis
    • Other illnesses that require extensive medication

The following should be recorded in a special record Book of Senior Citizens Discount provided under RA 7432:

  1. Name of Senior Citizen
  2. Address
  3. SC ID number
  4. Generic name of the drug/medicine
  5. Number of units dispensed

Take note that some pharmacies may require additional proof of identification in cases when only a representative is sent to purchase the medicines.  While they acknowledge the fact that some Senior Citizens may not be physically able to visit a pharmacy, they also need to ensure that these medicines are dispensed for the Senior Citizen’s consumption only.

If you are sending someone else to buy your medicines for you, make sure he has all the required documents and is also ready with his own identification cards.

Source: http://www.doh.gov.ph

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04 - 06 (1)

When a person changes his name, whether due to marriage, adoption, or corrections on birth certificate entries, the rest of his identification documents, such as passports, should also be updated.  Here is a list of name amendments allowed by Philippine laws and the specific requirements when applying for a new or renewed passport due to change in name.

  1. Change of name due to marriage.
  2. Change of surname of a legitimated child by virtue of a subsequent marriage of parents.
  3. Change of name due to adoption.
  4. Change of name due to death of spouse or annulment of marriage.
  5. Change of name due to divorce (valid only for those Filipinos who did not act as Plaintiff in the divorce proceedings, i.e. the Filipino spouse did not initiate the divorce proceedings; not valid for couples who were both Filipinos at the time of the marriage).
  6. Change of name as duly ordered by Philippine courts or the Civil Registrar General.

General Requirements

  1. Duly accomplished passport application form, typed or printed legibly in black or blue ink.
  2. Latest original passport and one photocopy of data page of passport (original will be returned).
  3. Proof that applicant has not applied for foreign citizenship, e.g. resident alien card.

Requirements for Change of Name DUE TO MARRIAGE:

  1. If marriage was solemnized in the Philippines, bring your PSA certified original copy and one photocopy or marriage certificate.  The original copy is for verification only and will be returned to the applicant. Applicant may order a copy of the PSA Marriage Certificate online at www.psahelpline.ph.  Copies will be delivered to their address.
  2. Original and one photocopy of marriage certificate The original copy is for verification only and will be returned to the applicant. Applicant may order a copy of the PSA Marriage Certificate online at www.psahelpline.ph.  Copies will be delivered to their address.
  3. If marriage was solemnized abroad, bring a duly accomplished Report of Marriage Contracted Abroad form.

Requirements for Change of Name DUE TO DEATH OF HUSBAND, DIVORCE, ANNULLED MARRIAGES:

  1. For widowed applicants, authenticated death certificate of husband, authenticated court order of presumptive death.
  2. If marriage was annulled, PSA Marriage Certificate, with annotation reflecting the annulment of marriage.  Applicant may have a copy delivered by ordering online at www.psahelpline.ph.
  3. If applicant is divorced, submit an original and one photocopy of Divorce Decree (original will be returned).
  4. Number 3 is applicable only when the applicant is the Filipino spouse; if both parties were Filipino citizens at the time of marriage, this will not apply.

Requirement for change of name DUE TO LEGITIMATION UPON SUBSEQUENT MARRIAGE OF PARENTS (or as ordered by Philippine courts or by the Civil Registrar General):

Requirement for change of name DUE TO ADOPTION:

Changes in name allowed under Republic Act 9048:

These are changes in name entries that did not have to undergo a judicial order:

  • Correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality, and civil status of a person.
  • Change of a person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process.

Requirement:

Source:

www.gov.ph

www.dfa.gov.ph

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04 - 04 (1)

Myla’s mobile phone has been ringing off its expensive leather case since she clocked in for work.  When people around her started staring at her musical bag where the sound seemed to be coming from, she reached inside the bag, flipped the leather cover of the phone, and calmly tapped the volume icon on the screen.  The ringing was reduced to a low, successive hum-buzz.  Problem solved.

The call was coming from a credit card collector; those people tasked to get debtors with overdue accounts to pay their obligations and pay them in full.  Myla used to take their calls graciously.  She had been asking for a reasonable payment term for her credit card bill meantime that she is still unable to make the full payment of Php 67,000.00.  The collectors agreed to her request but slammed her monthly payments with enormous interest rates!  When Myla differed, they began calling her at all hours of the day, even during weekends.  They even found a way to get a hold of Myla’s home landline number; they spoke to Myla’s senior citizen mother and told her that if Myla continues to ignore their phone calls, they will have her apprehended by cops and detained in prison.

Are credit collectors free to pursue debtors any way they deem necessary?

While creditors are entitled to payment and are at a liberty to demand from their debtors, they must not cross the lines that govern credit card operations of banks and affiliate credit card companies. They must observe legally permissible means to encourage payment from debtors.  To protect the interest of the general public, the Banko Sentral ng Pilipinas (BSP) issued Circular No. 454 which covers, in detail, the definitions of Unfair Collection Practices and how such collection must be conducted by banks and their collection agencies.

Below are excerpts on this particular regulation, lifted exactly from the said BSP document, describing in detail what are considered as unfair collection practices.

  1. The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person.
  2. The use of obscenities, insults, or profane language which amount to a criminal act or offense under applicable laws.
  3. Disclosure of the names of credit cardholders who allegedly refuse to pay debts, with certain exceptions.
  4. Threat to take any action that cannot legally be taken.
  5. Communicating or threat to communicate to any person credit information which is known to be false, including failure to communicate that a debt is being disputed.
  6. Any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a cardholder.
  7. Making contact at unreasonable/inconvenient times or hours which shall be defined as contact before 6:00 a.m. or after 10:00 p.m., unless the account is past due for more than sixty (60) days or the cardholder has given express permission or said times are the only reasonable or convenient opportunities for contact.

Can I be imprisoned because of my debts?

According to a Filipino financial adviser (and you’ve probably heard this from other veteran credit card holders), no one has gone to jail because of unpaid credit card bills.  This does not mean that you are free to ignore your unpaid debts; remember, you are obligated to settle your accounts sooner than later.  And although you won’t end up in prison, your credit score will be negatively affected the longer you leave your accounts unpaid.  Estafa, on the other hand, is a different case and is not covered by this article.

How do I get these abusive collectors off my back?

Apart from finally settling your overdue accounts, you may rid your phone of “unwanted callers” by reporting abusive collectors to the BSP Financial Consumer Protection Department at 02 – 708 – 7087 or by sending an email to consumeraffairs@bsp.gov.ph.

Any form of abuse must not be tolerated and the BSP has ensured that due respect must be afforded to debtors even in the process of collecting the needed settlement from them.  We are likewise enjoined to uphold the law by being responsible with our financial obligations, especially those made with banks, lending companies, and the like.

Sources:

http://www.bsp.gov.ph

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04 - 03

When a married couple separates, whether on their own terms or as prescribed by an annulment proceeding, child custody and support become a fundamental issue between the parties.  With whom should the children stay?  How often can their father / mother see them?  How will their basic needs be met?

In the Philippines, custody of children under seven years old is automatically granted to the mother as mandated by Article 213 of the Family Code.  This is applicable whether the child’s birthright is legitimate or illegitimate.  In the same manner, the father is expected to continue providing the needs of his children and not leave the mother to fend for the family on her own.

This arrangement is easier said than done as most post-annulment / separation issues stem from the fact that fathers fail to consistently provide for their children.  Each has his own reason for not being able to live up to what is expected of him (as the provider); others admit that they chose to discontinue financially supporting their children through the estranged wife because of trust issues.

In the midst of these marital (and extra-marital) issues are the children and their escalating living necessities.  This blog receives a lot of questions about child support and legal actions against fathers who fail to provide for their children.  We all have that one friend who is perpetually asking about means to compel her ex-husband to give and give more as the children’s basic needs rapidly become anything but basic.

We ran a research on child support, as dictated by Philippine laws, in an attempt to shed light in this touchy issue.  We hope these information help put your questions on child support to rest, or at least lead you towards the right decisions in upholding the rights of your children.

How much should a father give as financial support to his children?

According to the Family Code (Articles 194, 201, and 202):

Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade, or vocation, even beyond the age of majority.  Transportation shall include expenses in going to and from school, or to and from place of work.

The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

According to the Family Code:

  • The amount of support shall be based on the children’s needs and the father’s capacity to provide (earn).
  • The father is obligated to support his children’s education even after they have reached the age of emancipation.

Can I demand for support from my child’s father even if he is married to another woman (and my child, effectively, is illegitimate)?

Article 195 of the Family Code provides that both legitimate and illegitimate children have the right to receive financial support from their parents.  However, an illegitimate child’s right to support shall only arise if he was duly recognized by his father.

An illegitimate child may prove that he is recognized by his biological father through the following:

  1. Record of birth appearing in the civil register or a final judgment – with the father accomplishing the Affidavit of Acknowledgment / Admission of Paternity found at the back of his birth certificate.
  2. An admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

If the father refuses to recognize the child, the mother may seek to the court’s assistance by filing a Petition for Compulsory Recognition and Support.  This will entail hearings and other court proceedings and the mother must be prepared to fight it out in public.

If I win the petition, can I demand the father of my child to reimburse the expenses I incurred in the years that he did not provide for my child?

No; the father’s obligation to financially support the child begins from the date of judicial demand, or once the Petition for Compulsory Recognition and Support is approved by the court.

Do I have the right to demand for financial support from my ex-husband even if he is jobless?

In cases when the children’s father is jobless and has no means of income, financial support may be derived from the separate properties.  If the father does not have a separate property to liquidate, the funds may be taken from his and the children’s mother’s conjugal properties.  It shall be treated as an advance and will be deducted from the ex-husband’s share of the estate when it is liquidated.

Can I sue my ex-husband if he continues to ignore his parental responsibilities?

Filing a case in court to compel the children’s father to continue his obligation to provide for the children should be the last resort.  Yes, a mother can seek the court’s assistance in demanding for child support.  A father’s failure to comply with his obligation despite repeated reminders is a violation of RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, or RA 9262 – Anti-Violence Against Women and Their Children Act of 2004) and is a criminal offense.

Sources:

www.gov.ph

http://jlp-law.com

http://www.manilatimes.net

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03 - 31 (1)

Margaret is 13 years old and is about to secure her very first passport.  It would have been a breeze to accomplish this errand if not for Margaret’s living arrangement that is quite complicated.

Margaret’s parents separated before she turned 7 years old.  Her mother went back home to her province in Dumaguete; Margaret was left with her father who was then working as a nurse in Manila.  Not long after the separation, her father met another woman who would later assume the role of Margaret’s mom.  By the time Margaret turned 9 years old, her father’s girlfriend has moved in with them and has since been taking care of Margaret like she was her own daughter.

Her father is now based in London with a successful career as a dialysis nurse.  He wants for his girlfriend and Margaret to come visit him this summer.  While Margaret is all set to begin her passport application process, her father’s girlfriend is a bit worried that she might not be able to produce the documents required by the DFA.

What are the general requirements for minors applying for a passport?

The requirements vary depending on the child’s birthright and if she is traveling on her own, with her parents, or a guardian.

General Requirements:

  1. Confirmed appointment
  2. Personal appearance of minor
  3. Personal appearance of parent
  4. PSA birth certificate
  5. School ID or Form 137 of minor applicant
  6. PSA marriage certificate of minor applicant’s parents.
  7. Affidavit of support and consent to travel (from parent).
  8. Valid passport of the person traveling with the minor.
  9. Parents’ valid passport or identification documents.

If the child is not traveling with either parent or alone:

  1. All of the General Requirements and
  2. DSWD clearance

If both parents are abroad:

  1. All of the General Requirements and
  2. Special power of attorney (with an attached photocopy of either parent’s valid passport authorizing a representative in assisting the child to apply for a passport.  If minor is illegitimate, mother should execute the SPA).

If minor is legitimated by subsequent marriage of parents.

  1. All of the General Requirements and
  2. PSA birth certificate of the minor and must include the annotation regarding new status as legitimated and the full name of the child.

If minor is illegitimate but acknowledged by father.

  1. All of the General Requirements and
  2. PSA birth certificate of the minor reflecting surname of father with Affidavit of Acknowledgment and Consent to use the surname of the father.

If minor is legally adopted

  1. All of the General Requirements and
  2. PSA birth certificate
    • Original and certified true copy of PSA birth certificate before adoption.
    • Original and certified true copy of PSA amended birth certificate after adoption.
  3. DSWD clearance
    • If traveling with a person other than the adopting parents.
  4. Certified True Copy of the Court Decision of Order on Adoption and Certificate of Finality must also be complied.

If minor’s parents are annulled / divorced

  1. All of the General Requirements and
  2. PSA marriage certificate of parents with annotation on nullity or annulment decree.
  3. DSWD clearance

If minor’s mother is likewise a minor

  1. All of the General Requirements and
  2. Personal appearance of mother and maternal grandparents.
  3. PSA birth certificate of minor applicant and mother.
  4. Affidavit of Support and Consent executed by the maternal grandparents indicating the name of the traveling companion.
  5. DSWD clearance if traveling with a person other than the maternal grandparents.
  6. Proof of identity of mother and maternal grandparents.

Minors 12 months and below are no longer required to seek an appointment with the DFA.

Apart from producing all the basic documentary requirements, Margaret’s father had to contact her mother and request her to accompany Margaret to the DFA.  This made Margaret’s passport application a lot easier than if she were accompanied by her father’s girlfriend.

Applying for a minor child’s passport could get complicated if you are not armed with the necessary documents beforehand.  We hope this list helps clear out the questions that most parents have regarding their children’s passport applications and renewals.

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03 - 29

Ang PSA Birth Certificate (dating NSO Birth Certificate) ay madalas na kasama sa listahan ng mga primary documentary requirements ng iba’t-ibang establishments tulad ng mga bangko, eskwelahan, at mga government agencies.  Ang birth certificate ay naka-print sa Security Paper (SECPA) at may selyo ng PSA sa upper left-hand corner ng dokumento.  Maaari itong makuha mula sa mga opisina ng PSA o ipa-deliver sa inyong bahay sa pamamagitan ng pag-order online o pagtawag sa hotline (02 – 737 – 1111).

Habang may mga taong nakakatanggap ng kopya ng kanilang PSA birth certificate, meron din naman na ang natatanggap na kopya ay iyong tinatawag na Negative Certification.  Ang ibig sabihin nito ay walang kopya ang PSA ng kanilang birth certificate.

Bakit Negative Certification ang natanggap ko mula sa PSA?

Ang dalawang dahilan kung bakit may mga nakakatanggap ng Negative Certification mula sa PSA ay:

  • Hindi pa naka rehistro ang kapanganakan ng taong nag request ng birth certificate.
  • Hindi pa nai-submit ng Local Civil Registry ang kopya ng birth certificate sa PSA.

Ano ang dapat kong gawin kapag nakatanggap ako ng Negative Certification?

Nakababahalang matuklasan na walang kopya ang PSA ng iyong birth certificate ngunit may paraan para maayos ito.

May kopya ang LCR ngunit walang kopya ang PSA.

Unahin mong alamin mula sa Local Civil Registry ng lugar kung saan ka ipinanganak kung meron silang record ng iyong kapanganakan.  Kadalasan ay merong naka file ngunit hindi nai-forward sa PSA para ma-certify.  Kung makukumpirma ng LCR na meron ka ngang birth certificate sa files nila, ito ang dapat mong gawin:

  1. Manghingi ng form sa LCR para makapag request ng Endorsement of Records.
  2. Bayaran ang courier fees sa Cashier at ipakita sa LCR ang iyong resibo.  Itago ang resibo bilang katibayan ng iyong filed transaction at binayarang courier fee.
  3. Pagkalipas ng isang linggo, maaari nang mag follow-up sa PSA Sta. Mesa office.  Dalhin ang resibo ng binayarang courier fee sa LCR para mas mabilis na ma-trace ang iyong transaction.

Ang unang kopya ng iyong pina-endorse na dokumento ay sa PSA Sta. Mesa makukuha.  Ang mga susunod na request ng kopya ng iyong PSA birth certificate ay maaari nang ma-order online o sa pagtawag sa PSAHelpline hotline na 02 – 737 -1111.

Walang naka-file na rehistro ng kapanganakan sa LCR.

Kung walang record ng iyong birth certificate na mahahanap ang LCR, ibig sabihin ay hindi narehistro ang iyong kapanganakan.  Wala ka talagang birth certificate at kailangan mong mag file ng Late Registration of Birth.

Maaari itong i-file sa munisipyo ng bayan kung saan ka ipinanganak.  Sakaling sa ibang bayan ka na nakatira, maaari ka na ring mag file sa LCR kung saan ka kasalukuyang naninirahan (Out-of-town Late Registration).

Ano ang requirements para makapag file ng Late Registration of Birth?

  1. Kung less than 18 years old:
    • Apat (4) na kopya ng Certificate of Live Birth na may kumpletong detalye at pirmado ng mga concerned parties.
    • Punuan din ng hinihinging detalye ang Affidavit of Delayed Registration sa likod ng Certificate of Live Birth.  Ang mga impormasyon dito ay magmumula sa ama, ina, o guardian ng may ari ng birth certificate, tulad ng:
      • Pangalan ng bata;
      • Petsa at lugar ng kapanganakan;
      • Pangalan ng ama ng bata kung ito ay illegitimate at kinikilala ng ama;
      • Kung legitimate ang bata, isulat ang petsa at lugar kung saan ikinasal ang mga magulang;
      • Isulat ang dahilan kung bakit hindi na-rehistro ang bata sa loob ng tatlumpung (30) araw mula sa petsa ng kanyang kapanganakan.
  2. Kung 18 years old and above:

Improtanteng ma-kumpirma mo muna na wala ka talagang birth records sa LCR ng iyong birthplace para maiwasan ang tinatawag na Double Registration.  Nangyayari ito kung meron nang birth registration ang isang tao at pagkalipas ng ilang taon ay nagpa-rehistro siyang muli sa ibang munisipyo.  Kung ito ang mangyayari, ang records na susundin ng LCR ay iyong unang registration; ito rin ang record na ipadadala sa PSA for certification.

Source: www.psa.gov.ph

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