Tag Archive: False Information on NSO Birth Certificate


Feb 12.jpg

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.

Chips And Nibblers (1)

Closet Queen

Ad

False Information on Child's Birth Certificate

Another common birth certificate problem encountered by Filipinos are erroneous declarations on the details of their birth, particularly details involving the parents.  Some parents declare that they are married at the time of their child’s birth, when in reality, they are not.  What they probably do not realize is that these false information will eventually surface and cause a huge deal of confusion in their public transactions.

Other false information that may be written on a child’s certificate of live birth are:

  • Date and place of marriage
  • Parent’s age at the time of the child’s birth
  • Citizenship of parents

Such is the case of Rodel who grew up under the care of his single mom, Rebecca.  His father, Danny, left for the U.S. when Rodel was barely a year old and has not returned since.  They communicate only through mail and occasional phone calls.  Danny sends him money and regular basic supplies from the U.S. and because of his help, Rodel is able to attend good schools in Manila.

When Rodel was about to graduate from high school, Danny came home for a visit and after 16 years, father and son met for the very first time.  He offered to petition Rodel so he can study and work in the U.S.; Rebecca readily agreed to let her son go so he can pursue his studies abroad.

While they were in the process of completing the documents required to file the petition, Rodel learned that his parents did not have a valid marriage certificate.  Although his birth certificate shows that his parents got married on Valentine’s Day in 1999, no other documents could support this claim.  When he asked his mother about it, she admitted the following:

Rebecca and Danny separated before Rodel turned one because Danny’s parents did not approve of Rebecca.  They were also minors when they had Rodel and for that reason, they could not get married to make their union legal.  They kept their relationship a secret, including Rebecca’s pregnancy and Rodel’s birth.

Being minors then and under so much pressure, they thought it wise to declare on their child’s birth certificate that they are married.  They also faked the years of their births to make it appear that they are of age already.  Danny’s parents took him the U.S. to take him as far away from Rebecca as possible, not knowing that he already has a child with her.  While Danny was in the U.S., he and Rebecca decided to set their relationship aside and just focus on raising Rodel and providing for his needs.  Danny lived up to his commitment with Rebecca that he will provide for all of their son’s needs.  They remained friends ever since and both remained single until this time.

In reality, Rodel is an illegitimate child, born to parents who were not legally allowed to marry when he was born.

With everything out in the open, Danny, Rebecca, and Rodel decided to consult a lawyer for advice on what they need to do in order to get their son’s civil registry documents straightened out.

These types of cases are not solved by merely filing a petition for clerical error.  It is not covered by R.A. 10172 (Act authorizing the city or municipal Civil Registrar to correct clerical or typographical errors in the day and month in the date of birth or sex on birth certificates).

If you have a similar problem with your birth certificate, you may consult the office of the LCR where your birth was registered.  You also have the option to take the matter to a lawyer for legal advice.

Source:

https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-10172

https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-9048

Ad

%d bloggers like this: