Category: Problems with NSO Birth Certificate


Feb 14

Sofie has always known that her mother’s name is Emelita.  That is the name written on all her mother’s IDs and on the birth certificates of Sofie and her siblings.  However, when Aling Emelita requested for a copy of her PSA birth certificate, they were shocked to see that her name is actually not Emelita but Maria Rosario!  All other information on her birth certificate is correct, her birth date, birthplace, and the names of her parents.  Everything, except her name.

They discovered this in the early ‘90s when Aling Emelita was preparing to work abroad.  Since she was in a hurry to get a passport, she resolved to use her Maria Rosario birth certificate and was granted a passport as Maria Rosario.

When Sofie graduated from high school with flying colors, her parents gifted her and her siblings a trip to Tokyo Disneyland.  Sofie and her three siblings, all minors, trooped to the DFA to get their passports.  But they were all horribly disappointed when their applications were put on hold because of the inconsistency in their mother’s name as written on their birth certificates and the name that appears on their mother’s birth certificate.  On their birth certificates, their mother is Emelita.  But on Aling Emelita’s, her name is Maria Rosario.

How does one correct their parent’s name as it appears on their birth certificate?

While it is clear that Aling Emelita has chosen to simply adopt her name as written on her birth certificate (Maria Rosario), she failed to work on correcting the details on her children’s birth certificates, where her name is still written as Emelita. 

Sofie and her siblings need to have their birth certificates corrected to reflect their mother’s name as Maria Rosario.  Here’s what they need to do:

  1. They need to go to the Local Civil Registry of their birthplace and request for correction of their mother’s name as it appears on their birth certificates.
  2. They must bring a copy of Aling Emelita’s PSA birth certificate where her name is written as Maria Rosario.  Any other government-issued ID of Aling Emelita (as Maria Rosario) will likewise help in further solidifying their petition.
  3. Fees vary according to municipality and payments must be made only with the city or municipal hall’s cashier.  All payments must be issued with a government receipt.  Be wary of fixers.
  4. When the petition is successfully filed by the LCR, Sofie and her siblings will be given a copy of the Finality and Endorsement pertaining to the correction they requested.
  5. After three to six months, they can begin following up with the PSA for the corrected copies of their birth certificates.  When making a follow-up, bring the Finality and Endorsement documents from the LCR.
  6. The first corrected copies of their birth certificates must be claimed at the PSA head office in Sta. Mesa, building 2.  All other succeeding copies may be requested online at www.psahelpline.ph.

If you have similar concerns about your birth certificate, send us your questions and we will do our best to find the best answer for you.

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Reference: www.psa.gov.ph

 

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When a child is born out of wedlock, the child carries the mother’s family name unless the father gives his consent for his child to use his last name and acknowledges him on paper.  The date of marriage field on the child’s birth certificate must also be left blank until the parents are married, if and when.

There are cases when the child’s parents would place false information on their child’s birth certificate, declaring themselves to be married when they are not.  Some single moms manage to include the child’s father’s last name on the child’s birth certificate, without seeking the latter’s consent.  In their desire to save their child from being labeled illegitimate, they end up falsifying a public document, never mind the consequences it will eventually bring on their child.

So how does one correct the false information written on a birth certificate?

Nerissa and Joel were both only 22 years old when their eldest child, Denver, was born.  Because they did not want their firstborn to suffer the stigma of being an illegitimate child, and since they do have plans of getting married later on, they opted for Denver to carry his father’s last name.  Apart from that, they declared January 27, 2007 as their date of marriage – in reality, this was the date when they officially became a couple.

Fast forward to 10 years later when Denver, now a fifth grader and a prized athlete of their school, needs to secure a passport so he can compete in a swim meet in Singapore.  His mom prepared all the documents needed for submission to the DFA, including and most importantly, Denver’s PSA birth certificate.

It was only then that Nerissa realized that Denver’s birth certificate still bears the fake date of marriage of his parents and his last name is still that of his biological father’s.  Nerissa and Joel have since gone their separate ways; Nerissa is a single parent to Denver while Joel is married and is already residing abroad.

True enough, when they presented the documents at the DFA, Nerissa was asked to submit a copy of her and Joel’s “marriage certificate”.  When she said that she does not have a marriage certificate because she is, in fact, not married, Denver’s passport application was put on hold.

Mother and son went home brokenhearted and clearly, unsure of the next steps they need to make to clarify the issue.

Nerissa wanted to work on two things: first, to change her son’s last name to her maiden last name and second, to rectify the false date of marriage declared on the child’s birth certificate.

In this case, changing Denver’s last name should be the easier task.  She can file a petition in court to request for her son’s last name to be dropped and changed with hers.  As of the moment, Philippine courts grant these types of petitions only on the following grounds:

  1. When the name is or sounds ridiculous, dishonorable, or extremely difficult to write or pronounce;
  2. When the change results as a legal consequence such as legitimation;
  3. When the change will avoid confusion;
  4. When one has continuously used and been known since childhood by a Filipino name, and as unaware of alien parentage;
  5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and
  6. When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

Obviously, Nerissa has a lot of explaining and justifying to do before the court.  She needs to justify why she is now seeking to change the last name of Denver and prove that the change is for her son’s best interest.

The fake date of marriage on Denver’s birth certificate is a case all on its own.  Dropping the fake date of marriage will be handled through a court order and with the assistance of Nerissa’s lawyer.  These types of cases take time and may cost Nerissa more than she would have bargained for.

Placing false and inaccurate information on civil registry documents is illegal and considered a crime in our country.  You may get away with it for a time but remember that whoever owns the document will eventually suffer the consequences of having false information on his or her birth or marriage certificate.

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Question: Can I apply for a passport even if my gender in my PSA birth certificate is wrong? I can have this corrected but that will take time. I already have an appointment with the DFA and I need my passport asap.

Answer: You may go ahead and appear at the DFA on the date of your appointment, bring all the required IDs and supporting documents as listed in the passport.gov. website.  You may be required by the DFA to submit an Affidavit of Undertaking in support of your claim that your birth certificate is undergoing a correction. Take note that the DFA may also simply advise you to come back when a copy of your birth certificate is already available.  It is up to you to explain to them why you still cannot execute a copy of the document.

Question: My wife and I will be accompanying our 3-year-old son for his passport application. Can we both access the priority lane so we can have our passports renewed at the same time?

The Priority Lanes at DFA offices are reserved for Senior Citizens, OFWs, PWDs, pregnant women, and children below 7 years old.  Only one companion is allowed to be with the applicant inside the DFA premises; only this companion may take advantage of the no-appointment privilege.

Question: My middle and last names were interchanged in my birth certificate so that my last name appears to be my middle name, and my middle name appears to be my last name.  What do I do? 

This can be corrected by filing a Petition for Correction at the LCR of the city or municipality where the birth was registered.  It would be wise to prepare copies of your parents’ PSA birth certificates as well to serve as supporting documents to your petition.

Question: When our daughter was born, we weren’t married yet.  We placed a false date of marriage in our daughter’s birth registration. Now we are already married, how do we correct the date of marriage in our child’s birth certificate?

Never, under any circumstance, place false information in your civil registry documents.  These types of cases need to be referred to a lawyer and may undergo a court proceeding.

Question: My child is 2 years old and is already registered at the LCR.  Can I add three more letters to his name when I get his PSA birth certificate?  Is there a fee for this and how much?

If the error is considered clerical (typographic error), you may simply file a petition for correction.  However, if the petitioner wants to “change” the name (in this case, add a few letters to the original name), you will be asked by the LCR why you wish to do so.  Your request may be granted (or denied!), depending on the veracity of your reason for changing the name.

Question: Will the DFA accept the LCR petition letter as proof that the spelling of my name in my birth certificate is already in process. I already have an appointment for passport interview.

No.  You will have to wait until your PSA birth certificate is made available.  The DFA will only accept birth certificates in PSA Security Paper.

Question: Can we apply for the late registration of birth certificate of a deceased person?  We need his birth certificate so we can claim the death benefits. 

You will have to explain to the LCR why you need to “late register” the birth of a deceased person.  Normally, this type of request is not allowed.

Question: I am scheduled to pick up my PSA birth certificate on February 13, 2018 between 1PM to 4PM at the Releasing Area, 5th floor of PSA Sta. Mesa. However, I can’t make it to Manila on the said date.  Is it okay if I pick it up after February 13?

Yes.  Requested PSA documents are kept on file for 30 days until the requesting party comes to claim the document.  PSA reserves the right to dispose of the documents if these remain unclaimed for more than 30 days.

Question: When I was 18 years old, I was “married” to my girlfriend who was only 17 years old then. We separated a few years later and I found out she got married to another man. I am planning to marry my partner too but when I requested for my CENOMAR, the details of my previous marriage are written on the document.  When I asked my ex, she said that her CENOMAR did not show the same.  What do I do?

In order for you to be allowed to remarry, your previous marriage must be dissolved by virtue of an annulment.  There is a huge possibility that your petition for an annulment will be easily granted because both you and your ex-wife were underage at the time you were supposedly married.

Question: I had my birth certificate “endorsed” by the LCR to the PSA.  How many days or weeks or months does it usually take before I am able to get a PSA copy of my birth certificate?

Normally, a week after you are given a copy of the finality an endorsement with the courier receipt by the LCR, you may begin following up at the PSA Sta. Mesa office, building 2.  Bring all the documents given to you by the LCR as proof of your transaction.

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06 - 05 (2)

Minerva was already 23 years old when she learned that her father is married with children before she was born.  She learned about it the hard way – when she landed her first job, her supervisor turned out to be her father’s eldest son from his previous marriage, making him her half-brother.

She did her research and found out that her father’s marriage with his previous wife is still in effect; he had not filed for an annulment and in fact, has been sending financial support for his children while staying with Minerva and her mom!

What proved to be more difficult and confusing for Minerva is the fact that her status in her birth certificate is ‘Legitimated’ (due to subsequent marriage).  As far as she knows, she was born before her father (who was presumed to be single then) and mother were ‘married’.  They got married when Minerva was 7 years old, she even stood as flower girl during their wedding!

Now that it looks like her father is not even legally capable of ‘marrying’ her mother in the first place, what does that make of her ‘legitimation’?

What is ‘Legitimation’?

According to the Philippine Statistics Authority (PSA) website, legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married.

Who can be ‘Legitimated’?

Legitimation may be done for children who were conceived before their biological parents were married, provided that their parents were not disqualified by any impediments to marry each other.

For a child to be considered legitimated by subsequent marriage, it is necessary that:

  • The parents could have legally contracted marriage at the time the child was conceived;
  • That the child has been acknowledged by the parents before or after the celebration of their marriage; and
  • The acknowledgment was made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing.

In all aspects, Minerva’s legitimation would have been legal and binding except for the fact that her father is married to another woman at the time he ‘married’ Minerva’s mother.  Effectively, this invalidates Minerva’s legitimation because the marriage between her parents is invalid.  In fact, she is not even qualified for legitimation.

Can a legitimation be cancelled?

Yes it can be cancelled by filing a petition for cancellation before the court where the petitioner’s birth certificate was registered.  The petitioner will need the assistance and guidance of a lawyer.  When approved, the civil registrar shall again annotate in the birth certificate that the ‘legitimation’ (also a previous annotation) is hereby cancelled.

Source: www.psa.gov.ph

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05 - 29

The Philippines is the bastion of Christianity in Asia with over 93% of our population listed as Christians; we ranked 5th worldwide according to a 2011 report of the Philippine Daily Inquirer.  Filipinos take religiosity pretty seriously.  To us, it is not just some form of affiliation or membership, it is a legacy passed on to us, an identity we must protect and preserve at all costs.

And so it IS a big deal to have to find out that your religion, as written in your birth certificate, is anything but Catholic or Christian. 

Such was the case of Arabah Joy Quinto, a Roman Catholic by birth.  After receiving an Exchange Scholar grant from her high school, she immediately applied for a passport at the Department of Foreign Affairs (DFA).  She thought she had all the needed documents prepared until she was required to submit a certificate from the Office of Muslim Affairs (OMA)!  Apparently, her birth certificate shows that her parents are Muslims.  She insisted that her entire family has always been devout Roman Catholics, all of them baptized by the Catholic Church as supported by their birth certificates.  The DFA would have none of it; either she presents the required OMA or have the entries in her birth certificate corrected.

How to Correct a ‘Wrong Religion’?

There are two ways of rectifying incorrect entries in a birth certificate:

  1. Under RA No. 9048 or Clerical Error Law (as amended by RA 10172) if the matter involved correcting typographical errors in the First Name, Place of Birth, Day and month of Birth , or Gender.
  2. Through a petition in court if the correction is not covered by any of the above cases.

Correcting the entries in ‘Religion’ is not included in the errors covered by RA 9048 or 10172.

In this case, Arabah Joy needs to file a petition for Correction of Entry in the Regional Trial Court of the place where her birth was registered.  Once filed, the court shall set the case for a hearing, followed by publication of the correction in a local newspaper.

As soon as the petition is granted, the LCR of Arabah’s birth place will receive a certified copy of the court’s decision.  The LCR will be directed to apply the necessary annotations on Arabah’s birth certificate, so that the same shall now reflect her parents’ correct religion.

The first corrected copy of Arabah’s birth certificate may be requested from a PSA office while succeeding copies may be ordered online at www.psahelpline.ph

If you have questions about civil registration in the Philippines, please feel free to drop usa  line and we will do our best to find the answers for you.

Sources:

www.psa.gov.ph

www.gov.ph (The Family Code of the Philippines)

www.manilatimes.net

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05 - 15

Aling Nelia is a housewife and a mother of five children.  On her 57th birthday, her kids pooled their resources and surprised her with a round-trip ticket to Hong Kong as it has always been her ardent dream to see the place.

She began working on the required documents while waiting for her passport application appointment at the DFA.  However, when she got hold of her PSA birth certificate, she realized that her name is misspelled on the document.  Her real name, and the name that she has used all her life, is Cornelia Pineda Mangosing, while the name written in her birth certificate is Cornelio Pineda Mangosing.

At first glance, it looked like all Aling Nelia had to do was file a petition for correction of a clerical error on her birth certificate.  After all, it was just one letter – “o” in Cornelio should be changed to “a” to make it Cornelia.  However, when she sought assistance from the Local Civil Registry, she was informed that it is not as simple as it seemed.

What is the difference between correction of clerical error and change of name?

A lot, actually.

Correction of clerical error is covered by R.A. 9048 where an error in a birth certificate is corrected without the need to file a case in court, hire a lawyer, and attend hearings.  The corrections are applied by the LCR where the birth was registered.  RA 9048 may be applied if the error or errors are clearly typhographical in nature – harmless and innocuous.  An evidence of which is that the name, in its erroneous form, sounds ridiculous and tainted with dishonor.

On the other hand, a name that was supposedly misspelled but is still acceptable as a name, may not always be considered misspelled and therefore, may not be covered by the provisions of RA 9048.  Correcting such kinds of entries in a birth certificate follows a different process.

Cornelio vs. Cornelia

Aling Nelia’s name, as far as she is concerned, is misspelled.  Her name is Cornelia, not Cornelio.  Her argument is valid and she has all the documents to prove her claim.  However, the supposed misspelled name, Cornelio, is in itself, a name!  Changing the last letter to make it Cornelia would mean just that – changing the name – not merely correcting the spelling.

What should be done then?

Aling Nelia may resort to have the correction applied through a judicial proceeding.  She needs to file a verified petition in the Regional Trial Court of her birth place or where the LCR is located.  The rest of the procedures she needs to follow are outlined in Rule 108 of the Rules of Court in order to apply the necessary “correction”.  This may be better explained to her by a lawyer.

It may seem strange to have to go through a rather complicated process when all Aling Nelia wanted was to set her records straight and align the name on her birth certificate with the name that she had been using all her life.  At this point, she actually has two options: she could have her name changed through a court proceeding, or simply adopt “Cornelio” being the registered name and drop “Cornelia”.  The latter, of course, would be a ridiculous choice.

This is another reminder for all of us to always be careful when accomplishing public documents such as Certificates of Live Birth, Marriage Certificates, and Death Certificates.  An honest mistake may lead to a string of complications that may affect important transactions such as passport applications and benefit claims.

If you have questions regarding your birth certificate or think that there might be an error you need to rectify, proceed to the LCR office where your birth was registered.  You may also drop us a line and we will do our best to find the most accurate answers for you.

Source: www.psa.gov.ph

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05 - 03

“Noong ‘80s, nakakuha ako ng kopya ng NSO birth certificate ko.  Ngayon, nag request ulit ako, sabi sa akin ‘No Name’ na daw ako!  Bakit nawala yung record ko eh meron na nga dati?”

This is a common confusion among us Pinoys when we are told that we “have a problem with our birth certificate”.  When we hear the word “no”, we automatically think that we do not have a record with the PSA (formerly NSO).

We received the above question from a follower and took it upon ourselves to clarify the matter for everyone’s benefit.  It is important that we are all aware of the differences in our concerns with our birth certificates so we would also know the most effective and efficient solution we could apply.

Below is a summary of the most common birth certificate issues encountered by Pinoys and the prescribed solution for each:

BIRTH CERTIFICATE PROBLEM WHAT THIS MEANS SOLUTION
1. No Record of Birth Certificate The PSA does not have a copy or record of your birth certificate because:

A. Your parents failed to register your birth at the LCR. Or

B. The LCR where your birth was registered failed to submit your birth certificate to the PSA for certification.

C. You were born during or shortly after WW2 when most birth records were destroyed or misplaced.

For scenarios A and C: Submit an Affidavit for Delayed Registration of birth at the LCR of your birth place.  Read this article for the complete list of requirements for Delayed Registration.

For scenarios B: Advise the LCR to endorse your Certificate of Live Birth to the PSA for proper certification.

 

2. Misspelled First Name One or two letters were mistyped that may result to one of two things:

A. Correcting the mistyped letters will confirm your real name, or

b. Correcting the mistyped letters will give you a new name (e.g. Rachelle is the correct spelling but your name is typed as Rochelle).

For scenario A: File an Affidavit for Clerical Error at the LCR where your birth was registered.

For scenario B: The LCR will advise you if you still need to undergo court proceedings as well as other fees you may need to pay (as the case may be treated as “change of name” instead of “clerical error”.)

 

3. “Baby Boy” and “Baby Girl” in first name field The phrases “Baby Boy” and “Baby Girl” were typed in the first name field and is now considered the person’s first name.
  • If born before 1993, file a supplemental report at the LCR.
  • If born on 1993 onwards, file a petition for change of name under RA 9048 at the LCR of the child’s birthplace.
4. Misspelled Middle Name One or two letters of your middle name were mistyped.

The solution depends on the marital status of the petitioner

A. If the petitioner is SINGLE:

  • Bring a copy of your mother’s PSA birth certificate to the LCR of your birth place.
  • If mother is deceased, bring a copy of her PSA death certificate.

B. If the petitioner is MARRIED:

  • Include a copy of your PSA marriage certificate.

File your petition for correction at the LCR where your birth was registered.

5. No Name on Birth Certificate First name field in child’s birth certificate is blank. File a supplemental report at the LCR of the child’s birth place to supply the missing entry.
6. Wrong Gender Gender written in birth certificate is the opposite of the owner’s actual gender. This is considered a clerical error and may be rectified by filing a Petition for clerical or typographical error.
7. Birth Certificate is unreadable or blurry Entries in your birth certificate are hard to read because the texts are smudged or the prints have faded over time.
  • Check if the LCR has a clearer copy of your birth certificate.  If they do, you can request for that copy to be forwarded to PSA for certification.
  • If they don’t, you may request the LCR for a reconstruction of your birth certificate.
8. Problems with Entries in Birth Place field A. Only the name of the hospital is indicated in the birth place field.

B. There are no entries in the birth place field.

C. The birth place written in your birth certificate is incorrect

  • Bring 2 copies of the latest LCR and PSA copies of birth certificate to be corrected to the LCR.
  • Bring a certification from the hospital where you were born; certificate must bear the hospital’s address.
  • If the hospital is no longer in business, submit a certificate from the barangay to prove that the hospital used to be established in the area.
  • School records of petitioner
  • Voter’s registration records
  • Latest community tax certificate from place of residence or place or work.
9. Incorrect Birth Date A. Month, day, or year of birth is incorrect.
  • Corrections for Month and Date fall under RA 9048 and are considered clerical errors.  Owner may file a Petition for Correction at the LCR where birth was registered.
  • Incorrect birth year needs to undergo court proceedings.

Parents and guardians are strongly encouraged to double check all entries in a child’s birth certificate before submitting the document for registration.  Once this is made official by the LCR, you might have a difficult time applying corrections on entries overlooked prior to submission; some errors might even entail cost.

Keep following our page for more useful and informative articles about our PSA documents.

Reference: www.psa.gov

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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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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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03-06

Of all the questions and clarifications we regularly receive through this blog, changing the last name of an illegitimate child tops our list.  These questions often come from single moms who either:

  1. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the biological father;
  2. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the adoptive father;
  3. Gave the biological father’s last name to the illegitimate child and now wants the father’s last name dropped from the child’s name and replace it with her last name.

Today’s blog shall focus on these three circumstances and how the processes of achieving the desired results differ from each other.  If you are about to become a single mom, this article may help you in deciding whose last name your child should carry.

What does the Family Code say about illegitimate children?

According to Executive Order No. 209, otherwise known as the Family Code of the Philippines, illegitimate children are children conceived and born outside a valid marriage (Art. 164).  Under the same E.O., illegitimate children shall use the surname and shall be under the parental authority of their mother. (Art. 176).

In 2004 however, Article 176 was amended by virtue of R.A. 9255.  The new law allows illegitimate children to use the surname of their biological father, provided that the father acknowledges his paternity over the child.

How does this new law affect the three cases of changing the last name of illegitimate children?

Before R.A. 9255 took effect, an illegitimate child shall carry its mother’s last name (while the middle name field is left blank) until the biological parents marry and the child is subsequently legitimated.  With the amendment of Article 176 (of R.A. 209), single mothers (and fathers!) now have the option to have the child carry the biological father’s last name in their birth certificates.

a. If an illegitimate child, carrying his mother’s maiden last name, wants to start using his father’s last name, he needs to execute a document, private or public, where he is recognized by his father as his child.  Such documents may be:

  • The affidavit found at the back of the Certificate of Live Birth (COLB); or
  • A separate PUBLIC document executed by the father, expressly recognizing the child as his.  The document should be handwritten and signed by the father; or
  • A separate PRIVATE handwritten instrument such as the Affidavit to Use the Surname of the Father (AUSF).  Note that the AUSF is used when the birth has been registered under the mother’s surname, with or without the father’s recognition.

b. If an illegitimate child, carrying his mother’s maiden last name, wants to use the last name of his adoptive father.

  • This shall follow the process of legal adoption.

c. If the single mother wants to drop the last name of the illegitimate child’s biological father from the child’s birth certificate.

  • This is a relatively new scenario that may have surfaced after R.A. 9255 took effect.  When unmarried parents decide to let the child use the father’s last name and then separate later on, the single mother may soon decide that her child’s birth certificate is better off without her ex-partner’s name on it.
  • This case needs to undergo court hearing and the results are entirely dependent on how the proceedings will go.  This may also entail more costs, time, and effort before a favorable result is achieved.

While the said amendment gives parents the liberty to let their illegitimate child carry the biological father’s name (or any other man’s name for that matter, as long as he is willing to let his last name be used by the child), it also opens opportunities for problems on the child’s birth certificate when the mother and the father do not end up marrying each other.  Keep in mind that after a child’s birth certificate has been duly registered at the LCR and a copy has been released to the PSA, any changes, especially those affecting the child’s last name, may prove to be more complicated than we would care to admit.

What is a single parent’s best recourse in order to avoid problems on the child’s last name?

If we are to base our answer on the above scenarios, then the best option would be for a single mother to simply let her child use her maiden last name, sans the middle name.  This leaves enough room for changes later on, minus the hassle of a court order.

a. If the child is using his mother’s maiden name, he can easily adopt his biological father’s last name in case his parents marry later on;

b. If the child’s mother marries a different man, the stepfather may simply adopt the child and give the child the legal right to carry his name.  Without adoption, the child is free to carry his mother’s maiden last name.

This is merely a personal opinion based solely on the numerous cases of dropping the last name of an illegitimate child due to unforeseen circumstances between his unmarried parents.  You are free to choose the option you deem best and applicable to your situation.  As an additional option, consider it best to consult a lawyer who may be able to provide you with professional advise on your situation.

Reference: http://www.psa.gov.ph

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Closet Queen

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