Archive for August, 2016


08 - 31

A few months back, we featured an article on the conditions for married women to use their maiden names on their passports.  In that article, it was mentioned that a married woman needs to show proof that her marriage has been annulled or that she has been widowed before she can revert to her maiden name on her passport.

How easy (or difficult) is it really to get your maiden name back especially on major IDs like a passport or a driver’s license?  Here is a personal experience I would like to share for everyone’s information and guidance.

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My mom had her passport renewed at a DFA satellite office a few weeks back.  She was excited to have this processed as she saw it as a chance to change her name on her passport back to her maiden name.  Ever since she and my dad were granted their annulment several years ago, she had been diligently updating her IDs with her maiden name and her passport was actually foremost in her agenda.

She went to the DFA satellite office with her IDs, a copy of her original birth certificate (she was born in 1946), her annulment papers, and her old passport.  When she advised the DFA personnel that she would like to revert to her maiden name, she was requested to present a copy of her PSA birth certificate.  Since she did not have a copy ready with her, she decided to reschedule her passport renewal.

We ordered for a copy of her PSA birth certificate online through PSAHelpline.ph.  In less than 15 minutes, we were done with the entire ordering and payment process because the site accepts credit card payments!  In two days, my mom received a parcel from PSAHelpline.ph.

When she opened the package, she wasn’t entirely surprised to find a Negative Certificate instead of a copy of her birth certificate.  The PSA does not have a copy of her birth records.  We were advised by a friend who works at the Quezon City Hall to file for a late registration of our mother’s birth details that will then be forwarded to the PSA for certification.  Doing so would mean traveling all the way back to Cabanatuan City, my mom’s birth place.

Since my mom did not want to wait that long to have her passport renewed, she agreed to just use her married last name.  I advised that this may be a wise decision if she intends to apply for a tourist visa to the U.S. soon as her previous visas were issued under her married name.

When she agreed to keep her married name, all she needed to submit was a copy of her Senior Citizen ID and her old passport.  She is scheduled to pick up her new passport on September 21st, her 70th birthday.

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You see ladies, getting your maiden name back is not as easy as most think.  So before giving it up, consider other possibilities.  In documents such as passports, you actually have the option to use your maiden name even if you are already married.

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Here are the requirements you need to prepare when filing for a correction on your maiden middle name after you have been married.

What to bring:

  1. 2 latest certified/local copies and 2 latest PSA (formerly NSO) birth certificate to be corrected.
  2. 2 latest certified copy of marriage contract of the document owner.
  3. 2 latest certified copies of PSA birth certificate of at least 2 children of the document owner.
  4. 2 copies of baptismal certificate of the document owner.
  5. 2 copies of school records (Elementary, High School, or College – form 137 or Transcript of Records).
  6. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  7. 2 latest original NBI Clearance (purpose: For Change of Name).
  8. 2 latest original PNP Clearance (purpose: For Change of Name).
  9. 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.
  10. Other documents which the LCR may consider relevant and necessary for the approval of the Petition, such as the following:
    • GSIS/SSS Records
    • Medical Records
    • Business Records
    • School Records
    • Insurance
    • Land Title
    • Bank Passbook

All marriage contracts, birth and death certificates to be submitted should be latest certified photocopies when issued in Manila.  If issued outside Manila, must be on Security Paper of PSA (formerly NSO).

Steps to Follow:

  1. Submit all requirements to RA 9048 receiving table for assessment and initial interview.  Please bring all original documents and ID (Table 1 & 2).
  2. Preparation of petition paper (Computer Table).
  3. Proceed to Room 214, City Legal’s Office, and have petition papers notarized.
  4. Pay at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • Certified True Copy Fee – P230
    • Transmittal Fee – P210
  5. Proceed to Table 3 for the receiving and filing of petition papers and all other documents.  You will be given a schedule for follow ups as well.

The Manila LCR does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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In a previous post, we discussed the requirements and processes involved when changing the first name of a birth certificate owner who is already married.  Today’s post is about filing a petition for the change of first name of an unmarried individual at the Manila City Hall.

What to bring:

(a). 2 latest certified/local  copies and 2 latest PSA (formerly NSO) copies of birth certificate to be corrected.

(b). 2 copies of baptismal certificate.

(c). 2 copies of school records (Elementary and High School either F-137/138 or certification) or College TOR.

(d). 2 certified copies of Voter’s Registration record/voter’s affidavit (COMELEC).

(e). 2 copies of Certificate of No Administrative case from employer (for employed document owners).

(f). 2 copies of Affidavit of Non-employment (for unemployed document owners).  Indicate the following on the document: “For change of Name and No Pending Administrative/Criminal case”.

(h). 2 photocopies of certificate of business registration.

(i). 2 copies of latest original NBI Clearance.  Indicate purpose as: For Change of Name.

(j). 2 copies of latest original PNP Clearance.  Indicate purpose as: For Change of Name.

(k). 2 copies of valid ID of petitioner and document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.

(l). Other documents which the Office may consider relevant and necessary for the approval of the petition such as:

  • GSIS/SSS Records
  • Diploma (Elementary, High School, or College/Vocational)
  • Medical Records
  • Business Records
  • Service Records
  • Insurance
  • Certificate of Land Title
  • Passbook

(m). SPA (Special Power of Attorney).  If the petitioner is abroad or sick, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Reminders:

  1. All civil documents (Birth, Marriage, and Death) to be submitted should be the latest certified local copies or on Security Paper (SECPA) of the Philippine Statistics Authority (PSA).
  2. After the compliance of the requirements, please proceed to the information counter and get a number for pre-interview and bring the original copies of the supporting documents (Personal Records).  Please be reminded that only applicants with complete requirements will be entertained for pre-interview.
  3. Publication of the petition for two (2) consecutive weeks in a newspaper of general and national circulation (list of newspapers and the rest of the procedures will be provided during the final interview).
  4. Processing of petition is four (4) months and will commence on the date the petition was received by the Manila City Hall.
  5. Fees are as follows:
    1. Registration Fees – P3,000 (Certified Photocopy)
    2. Single Petition – P230
    3. Double Petition – P330
    4. Additional Payment – P30 for documents with supplemental reports

Payments for publication and notary of the petition are not included.  The Manila City Hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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14th Month Pay

The Senate is pushing a proposal for private employees to be granted a 14th month pay to augment mid-year expenses such as school enrollment and medical needs.  The recent P10 increase in the minimum wage is inadequate if it is meant to help a regular employee respond to the rising prices of basic commodities.

Here are three important details of the 14th month pay bill and what private employees can all look forward to once it gets approved:

  1. Private employees, regardless of employment status and designation, for as long as he has rendered work for at least one month during the calendar year, are entitled to the 14th month pay.
  2. The 13th month pay shall be paid no later than the 14th day of June.
  3. The 14th month pay must be equivalent to at least half of the basic salary and disbursed to the employees no later than the 24th day of December every year.

Does this news make you happy? Let us know what you think of this proposal from the government.

Source: http://www.gmanetwork.com/news/story/575921/news/nation/sotto-wants-14th-month-pay-for-private-sector-employees

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If you were the firstborn in your family but your birth certificate states that you have siblings older than you, then you need to have that entry corrected as soon as possible.  The birth order determines how many children your mother has already had and the succession of each child in the family tree.

Here are the steps to follow when filing a petition to correct your birth order on your birth certificate:

(a). 2 latest certified LCR copies and 2 latest PSA copies of birth certificate to be corrected.

(b). 2 latest certified copies of birth certificate of all brothers and sisters of the document owner.

(c). 2 latest original or certified copies of Obstetrical record, Medical Records, and Pre-natal Records from the hospital and/or OB GYNE.

(d). 2 photocopies of any of the following documents of the parents where all their children are indicated as their beneficiary and arranged according to birth order:

  • SSS
  • GSIS
  • BIR
  • Philhealth
  • Private Insurance

(e). 2 copies of valid IDs of the petitioner and the document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.

(f). SPA (Special Power of Attorney).  If the petitioner is abroad or sick, he/she can be represented by lawyer or his/her nearest relative (up to third degree of consanguinity).

REMINDERS

  1. All civil documents (Birth, Marriage, and Death) to be submitted should be the latest certified local copy of Security Paper from the PSA.
  2. After the compliance of the requirements, please proceed to the information counter and get a number for the pre-interview and bring the original copies of the supporting documents (Personal Records).  Only applicants with complete requirements will be entertained for pre-interview.
  3. Steps to follow will be provided after the Final Interview.
  4. Processing of the petitions is four (4) months and will commence on the date the petition is received by the Manila City Hall.
  5. Payments are as follows:
    • Registration Fee – P1,000
    • Certified Xerox Copy – P230
    • Transmittal Fee – P210
    • Additional Payment – P30

The City Hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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Proof of Citizenship

After we graduated from college in 1998, my best friend, James, got married to his pregnant girlfriend who is a naturalized US citizen.  They got married in California and then flew back to the Philippines to settle here for good.  However, when their baby was born, his wife asked that they move back to the US so she can pursue her career in I.T.  My friend was only 20 years old then and was at the height of his career as a band singer, travelling all over the country and earning well.  He wanted to stay until his band is able to launch an album and go main stream.

His wife took their baby and left for the US anyway and left my friend behind.  But because James missed his daughter so much, he applied for a tourist visa and followed his family to Texas and spent a year trying to get used to his new environment.  That was all he needed to realize that he is not cut-out for the ‘American Dream’.  He came back to the Philippines with a broken heart.

Not long after, his wife filed for divorce and sent him the papers which he promptly signed.  She later married an American and are now happily settled in Connecticut with her and my friend’s daughter.

James, on the other hand, is also planning to marry his girlfriend of three years.  To be able to do this, he needs to file a petition for his divorce to be recognized in the Philippines.  He went to the Manila City Hall to find out how this can be done.

As the petition will be filed in court, James sought the services of a Public Attorney’s Office (PAO) lawyer to guide him in the legal proceedings of his case.  He was required to present a copy of his NSO birth certificate and that of his ex-wife’s.  Their birth certificates will support the rest of the documents they had on hand, proving his ex-wife’s citizenship at the time she secured the divorce abroad.  This is because under the Family Code, only the alien spouse has the legal capacity to seek a valid divorce abroad.  A Filipino citizen who files for divorce abroad will remain legally married to his spouse in the Philippines and will not be legally capable of marrying another person here.

In James’ and his ex-wife’s case, she was born in the Philippines but was petitioned by her parents to become a citizen of the U.S.  She acquired her American citizenship right before she and James got married.  This makes her the ‘alien spouse’ and is legally capacitated to seek divorce in America.

James ordered for copies of his and his ex-wife’s PSA birth certificates at www.psahelpline.ph.  His ex-wife had to send additional identification to the PSAHelpline (like her passport) since James will be receiving her birth certificate on her behalf.  It took less than a week for the birth certificates to be delivered and James was able to complete all required documents for submission to the city hall in less than a month.

He is now currently waiting for the results of his petition.  As soon as he receives the court’s acknowledgment of his divorce in the U.S., he would be free to marry his girlfriend here in the Philippines.

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If the place of birth written on your birth certificate is not the same as the one written on your passport or any other document that you use as an identification, you might encounter problems with your transactions as this is a vital ID information.

Here are the steps you need to follow when filing for correction of your place of birth under RA 9048:

What You Need To Bring:

(a). 2 latest certified LCR copies and 2 latest PSA (formerly NSO) copies of birth certificate to be corrected.

(b). 2 latest certified copies of certification from the hospital indicating the exact hospital address.  IF the hospital or clinic where the birth certificate owner was born is no longer in existence, the petitioner needs to submit a certification from the Barangay stating that the said hospital or clinic was formerly established in the area and is now no longer in operation.

(c). 2 copies of baptismal certificate.

(d). 2 copies of school records, Elementary and High School, either Form 137/138 or Certificate or College Transcript of Records (TOR).

(e). 2 Certified copies of Voter’s Registration record/voters’ affidavit (COMELEC).

(f). 2 copies of valid ID of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.

(g). SPA (Special Power or Attorney).  If the petitioner is abroad, or sick, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Reminders:

  1. All civil documents from the PSA (Birth, Marriage, and Death) to be submitted should be the latest certified local copy or on Security Paper from the PSA.
  2. After the compliance of the requirements, please proceed to the information counter.  Only applicants with complete requirements will be allowed to proceed to pre-interview.
  3. Processing of the petition is four (4) months and will commence on the date the petition is received by the Manila City Hall.
  4. Payments are as follows:
    • Registration Fee – P1,000
    • Certified Xerox Copy – P230
    • Transmittal Fee – P210
    • Additional Payment  for documents with supplemental – P30

Please be advised that the city hall does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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SIM Card Registration Act

Following the successful launch of the government’s emergency and complaints hotlines last August 1, 2016, the proposal to implement the mandatory registration of prepaid SIM cards surfaced once more.  This was triggered by the influx of prank and dropped calls when the said hotlines went live for the first time.  According to authorities, people will think twice before they make fun of the government’s hotlines if they know that they can be easily traced and later, penalized.

The act was initially considered as a means to prevent illegal activities and crimes with the use of a mobile phone.  These include extortion, bullying, threatening, and even kidnap-for-ransom cases where kidnappers use prepaid sim cards to contact the victim’s family without being traced.  With the advent of the 8888 and 911 hotlines of the current administration, it is once again seen as the fastest way to discourage prank callers from clogging the phone lines.

Let us take a closer look at the SIM Card Registration Act and how this can affect the prepaid mobile subscribers in the country:

  1. Mobile phone companies will collect the subscriber’s information before a SIM card sale is completed.  They shall be responsible in keeping an active database of their prepaid and postpaid subscribers.  This means that every time a person buys a SIM card, his personal information will be collected and he will be asked to present valid identification cards and documents.
  2. Existing prepaid SIM subscribers shall also be required to ‘register’ their SIM cards and present the required IDs.  Their information will also be collected by the mobile company; these information will be electronically associated with the prepaid number they are currently using.
  3. The mobile company and the SIM card retailers are equally liable should they fail to accomplish any of the above processes.  They will be fined as follows:
    • Sellers – between P5,000 and P50,000 and may face suspension;
    • Mobile Phone companies – P300,000 for first offense, P500,000 for second offense, and P1,000,000 for third and subsequent offenses.

As a prepaid SIM card user, do you agree that this move will help decrease the incidences of crimes with the use of mobile phones as well as the number of prank calls to the government’s emergency hotlines?  Will you agree to give your personal information to SIM card sellers every time you buy a new SIM?

Your ideas and comments are welcome.

Sources:

http://www.wheninmanila.com/5-things-about-gordons-sim-card-registration-act/

http://wingatchalian.com/news-and-research/article/sim-card-registration-law

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Philandering Husband

Have these things been happening in your home lately?

  • Husband taking his mobile phone everywhere he goes, even in the shower.
  • Credit card charges made at restaurants you know you’ve never visited with your spouse ever.
  • Frequent “company trips” to romantic places like Tagaytay, Baguio, and Palawan.  And no, wives and kids are not invited.
  • A new perfume, watch, or expensive shirt you know your husband won’t buy for himself even if his life depended on it.

Different people may have different means to crack a ‘philandering husband’ or ‘cheating wife’ code, but all would probably have the same agenda: to snatch the unfaithful partner away from the interloper and save the marriage.  In extreme cases though, the discovery of a spouse’s unfaithfulness often result to separation.  And since the cost of annulment in the Philippines is prohibitive, the ex-couple would resort to living apart while they try to ‘move on’ and make sense of their complicated situation.

Philippine laws do not simply shrug off infidelity.  The aggrieved wife may file criminal charges against a philandering husband and his mistress.  In the same manner, a husband whose wife has had extramarital affairs with another man can slap her with adultery, also a criminal offense.

To help you understand how grave a transgression it is to cheat on your spouse or be the ‘third party’ in an otherwise blissful marriage, read the following:

  1. A man and his mistress can be charged with concubinage under any of the following circumstances:
    • The husband allows the mistress to live in the house he shares with his legal wife;
    • The husband buys or rents a house for him and his mistress;
    • Practices scandalous intimate acts with the mistress.
  2. A wife and her lover may be charged with adultery.
  3. Any person proven to have committed concubinage or adultery is criminally liable and may be imprisoned.  If the cheating spouse and his/her lover get married while one or both of them are still legally married to their rightful partners, they can be charged with bigamy, also a criminal offense.
  4. The charges shall be applied to both the cheating spouse and the mistress or lover; the law does not select only one of the two (as you cannot be adulterous all on your own and a woman becomes a concubine only when a married man woos her to be one).
  5. In the legal proceedings, the aggrieved party must not be proven to have consented the ‘affair’ or have forgiven or condoned the cheating spouse and the ‘third party’.  An example of ‘consent’ is if the legal (aggrieved) spouse agrees to share the marital bed with the cheating spouse even after he/she has proven that the other is already having extramarital affairs.

The Philippines, being a predominantly Christian nation, does not support divorce.  The society frowns upon infidelity and illicit relationships especially when children get dragged into the ugly picture of scandal and separation.  The law protects the victims of such scandalous affairs and upholds the rights of the aggrieved parties.  If you feel you need to take the high road to secure your family’s rights against the indiscretion of brazen individuals, seek the assistance of a lawyer.

Source: http://www.gmanetwork.com/news/story/520678/opinion/commentary-can-a-mistress-be-held-liable-under-the-law

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A misspelled first name on your birth certificate can be detrimental to important transactions like applying for a passport or claiming an inheritance.  If you have a couple of letters missing or added to your first name, have it corrected as soon as you can.

Here are the list of requirements and steps to follow when filing a petition for correction of a misspelled first name for single individuals (not married):

Requirements:

  1. 2 copies of PSA birth certificate (formerly NSO) to be corrected.
  2. 2 copies of baptismal certificate.
  3. 2 copies of school records (Elementary and High School either F-137/138 or Certification or College (Transcript of Records).
  4. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  5. 2 latest original NBI Clearance (purpose: For Change of Name)
  6. 2 latest original PNP Clearance (purpose: For Change of Name)
  7. 2 copies of valid IDs of the petitioner and the document owner and 1 copy of latest community tax certificate from the place of work or residence.
  8. Other documents which the Office may consider relevant and necessary for the approval of the Petition (GSIS/SSS Records, school diploma, medical records, business records, school records, service records, insurance, certificate of land title, passbook, etc.)
  9. SPA (Special Power of Attorney), if the petitioner is not the document owner (ex. auntie, uncle, godparents, client, friend, colleague, etc.)

Reminders and Fees:

  1. All civil documents (birth, marriage, and death) to be submitted should be the latest certified local copy when issued in Manila.  If issued outside Manila, present the PSA birth certificate (on PSA Security Paper).
  2. Submit all requirements to R.A. 9048 receiving table for assessment and initial interview.  Please bring all original documents and IDs and proceed to Table 1.
  3. Proceed to the Computer Table for the preparation of Petition Paper.
  4. Line up for the final interview.  The city hall follows a first-come, first-served policy for interviews.
  5. Proceed to Room 214 (City Legal’s Office) to have the petition notarized.
  6. Pay the following fees at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • True Copy Fee – P230
    • Transmittal Fee – P210
  7. Receiving and filing of petition paper and all documents.  You may also secure a schedule for follow-ups at Table 3.

The City Hall of Manila does not conduct interviews during Fridays.

Source: http://manila.gov.ph/services/civil-registry/

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