2 Ways to Correct a Misspelled Name on a PSA Birth Certificate

Most people think that a misspelled name in a birth certificate can be easily rectified by filing a Petition for Correction of Clerical Error, as stipulated in RA 9048.  However, there are cases when misspelled names may only be corrected through a court proceeding and with the assistance of a lawyer.

Correcting vs. Changing

A typographical error, a misplaced or missing letter, or an error that causes the name to sound funny, unintelligible, and downright erroneous, can be corrected by filing a Petition for Correction.  This is done at the Local Civil Registry office of the person’s birthplace.

If the error causes the name to change, but can still be considered as a valid name, it may not be counted a typo error.  This means that you will have to seek the advice of a lawyer and the case may have to undergo a court proceeding in order for the name’s spelling to be corrected.

Example:

The child’s name is Lea but the name printed on her birth certificate is Lhea.  Both spellings can be considered as ‘correct’ but since the child’s name is Lea and not Lhea, you will essentially be requesting for the name to be ‘changed’ instead of corrected.  Changing a name in a birth certificate (whether first, middle, or last name) has to undergo court proceedings; the changes will be applied after the court has decided on the petition.

This is the reason why would-be parents need to carefully check the Certificate of Live Birth document that is usually accomplished by the hospital.  Whatever is written there will be considered as true and correct by the LCR and will then reflect in the child’s birth certificate for the rest of his life.  Correcting entries can be time-consuming and expensive; this can be avoided by diligently checking all entries in the document before submitting to the LCR and by making sure that the birth certificate owner uses the same information in his or her birth certificate in all of his IDs and transactions, for the rest of his life.  Any discrepancy between the entries in the birth certificate and his IDs and other documents could cause delays and denials in his applications and transactions.

Who Shall File the Correction or Change (of first name’s spelling):

• Owner of the record
• Owner’s spouse
• Children
• Parents
• Siblings
• Grandparents
• Guardians
• Any other person duly authorized by law or by the owner of the document sought to be corrected;
• If the owner of the record is a minor or physically or mentally incapacitated, the petition may be filed by his spouse, or any of his children, parents, siblings, grandparents, guardians, or persons duly authorized by law.

Where to file the petition for correction:

If born in the Philippines:

• The petition shall be filed with the local civil registry office of the city or municipality where the birth is registered.
• When the petitioner had already migrated to another place within the Philippines and it would not be practical for such party to appear in person with the civil registrar of the place of birth, the petition may be filed with the civil registry office where he/she is currently residing.

If born abroad:

• The petitioner may file at the Philippine Consulate where the birth was reported.

Supporting Documents:

• Certified machine copy of the birth record containing the entry to be corrected;
• Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voters’ affidavit, employment record, GSIS/SSS record, medical record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants;
• Notice/Certificate of Posting;
• Payment of Php 1,000 as the filing fee.  For petitions filed abroad, a fee of USD 50 or equivalent value in local currency shall be collected;
• Other documents which may be required by the concerned civil registrar.

We have a summary of solutions to the most common PSA birth certificate problems!  Read our blog, Common PSA Birth Certificate Problems (and their solutions!).

Reference: www.psa.gov.ph

 

Top 10 Most Asked Questions About PSA Birth Certificates

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, 5^th 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.

Nicknames and Aliases: Is it Unlawful to Use a Name Other Than Your Own?

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/

 

The Manila City Hall Series: Filing for Correction of Birth Order Under RA 9048 Part 13 of 16

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/

 

 

The Manila City Hall Series: How to File for Correction of Clerical Error in the First Name Under RA 9048 (For Married Individuals) Part 2 of 16

Any discrepancy on your first name on your birth certificate is sure to cause problems and delays on your transactions later on.  It is your responsibility to have this corrected to avoid issues with your records and other IDs such as your driver’s license and passport.

The Manila City Hall has released a clear, step-by-step process for citizens who need to have their first names corrected.  Included as well is the list of documentary requirements that applicants need to have on hand for this particular transaction.

Here is the second part in this 16-part series on Civil Registry procedures at the Manila City Hall:

DOCUMENTARY REQUIREMENTS:

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

(b). 2 latest certified copy of PSA (formerly NSO) marriage contract of the document owner.

(c). 2 latest certified copies of PSA (formerly NSO) birth certificate of at least 2 children of the document owner.

(d). 2 copies of baptismal certificate.

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

(f). 2 certified copies of voter’s registration record/voters affidavit. (COMELEC)

(g). 2 latest original NBI Clearance. (PURPOSE: FOR CORRECTION OF FIRST NAME)

(h). 2 latest original PNP Clearance. (PURPOSE: FOR CORRECTION OF FIRST NAME)

(i). 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.

(j). Other documents which the Office may consider relevant and necessary for the approval of the Petition.

(GSIS/SSS Record, Diploma (Grade School, High School, or College/Vocational), Medical Record, Business Record, Service Record, Insurance, Certificate of Land Title, Passbook etc.

(k). 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).

PROCESS AND REMINDERS:

(a). All civil documents (Birth, Marriage and Death) to be submitted should be the latest certified local copy or Security paper from PSA (formerly NSO).

(b). 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).

Please be reminded that only the applicants with complete set of requirements will be entertained for pre-interview.

(c). Steps to follow will be provided after the Final Interview.

(d). Processing period of the petition is four (4) months and will commence on the date the petition is received by the Office.

(e). Payments are as follows:

• Registration Fee (P 1,000.00)
• Certified Xerox Copy (P230.00)
• Transmittal Fee (P 210.00)
• Additional Payment of 30.00 (Document with supplemental report.)

Please be reminded that the City Hall does not conduct interviews during Fridays.

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

Problems with NSO Birth Certificate: My Father Changed His Name on his Marriage Certificate

Mildred is the eldest daughter of Mang Gerry and Aling Myrna.  She migrated to the U.S. and earned her citizenship when she married her fiancé who is a natural-born citizen of America.  Two years after she was sworn in, she petitioned for her parents to legally stay in the U.S. with her and her husband.

Part of the requirements she needs to submit were her parents’ birth and marriage certificates.  When she received the copies of the documents, she was surprised to find out that her father’s names on his birth and marriage certificates were different.

On his marriage certificate, his name is written as Gerardo Perez Gonzales.  On his birth certificate, his name is Geronimo Perez Gonzalez.  Mildred knew this will cause delays on her petition if not addressed right away.

She talked to her father about the discrepancies.  Why did he use a different name all his life?  Why did he not tell his wife who he really was?

Mang Gerry admitted that he was not even aware that his real name is Geronimo; his parents and siblings have always referred to him as Gerardo.  All his school records show his name as Gerardo and his last name as Gonzales, not Gonzalez.  In all of his employment records, he used the name Gerardo Gonzales.  He does not have any other record as Geronimo Gonzalez except for his PSA birth certificate.

The family decided to have the entries on Mang Gerry’s birth certificate corrected in order to agree with all his identification cards and personal documents, including the birth certificates of his children where his name is also written as Gerardo Gonzales.

On the Philippine Statistics Authority (PSA) website, www.psa.gov.ph Mang Gerry’s problems on his first and last names are covered by two scenarios:

1. First name used is different from the first name entered in the birth certificate.
2. Last name is misspelled.

For both cases, Mang Gerry may file for petitions under R.A. 9048.

To change his first name from Geronimo (written on his birth certificate) to Gerardo (the name he is using), he needs to file a Petition for Change of First Name.  To support his petition, he needs to submit the following documents:

1. Certified machine copy of the birth record containing the entry to be corrected;
2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voter’s affidavit, employment records, GSIS/SSS records, medical records, business records, driver’s license, insurance, land titles, certificate of land transfer, bank passbook.
3. Notice / Certificate of Posting;
4. Payment of P3,000 as filing fee.
5. Other documents which may be required by the concerned civil registrar such as:
   • NBI/Police Clearance
   • Civil registry records of ascendants and other clearances as may be required by the concerned civil registry office
   • Proof of Publication

To correct his last name, from Gonzalez to Gonzales, Mang Gerry may file a petition for correction of clerical error under the provisions of R.A. 9048.  For this petition, he needs to submit the following supporting documents:

1. Certified machine copy of the birth record containing the entry to be corrected;
2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/Police Clearance, civil registry records of ascendants.
3. Notice / Certificate of Posting
4. Payment of P1,000 as filing fee.
5. Other documents which may be required by the concerned civil registrar.

Source:

https://psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-0

https://psa.gov.ph/civilregistration/problems-and-solutions/first-name-used-different-first-name-entered-birth

Problems with NSO Birth Certificate: Single Mom Wants to Change Her Child’s Last Name

Illegitimate children are able to carry their father’s last name by virtue of an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF).  Should the parents decide to get married later on, the illegitimate children’s birth rights may also be changed from “illegitimate” to “legitimate” through the process of Legitimation Due to Subsequent Marriage (of parents).

In some cases though, the father exits the picture and the mother is left to take care of the children on her own.  This can go from bad to worse when the father ends up marrying a different woman, completely abandoning his responsibilities with his children from his previous relationship.

Such is the case of Patty, a single mother of 2 children, born 2 years apart.  She is a call center agent and is raising her kids with the help of her parents.  Her boyfriend, Alex, left her and their children before her youngest son was even one year old.  He said that he was leaving for the U.S. to work and promised to send financial support for the children’s needs and education.  A few months after he left, Alex told Patty that he needs to marry his high school classmate who is now a U.S. citizen in order for him to legally work in Florida.  “Marriage for convenience lang.”

Patty’s worst fears were confirmed when she received an email from Alex telling her that he and his wife will be migrating to New Zealand soon and he could no longer promise to send his regular support for their children.  A few months after that, Patty found out that Alex and his new wife were expecting their first child.  She was devastated.

Patty’s children carry Alex’s last name in all of their identifications, including their PSA birth certificates.  Now that Patty is left to raise both kids on her own, she would like for the children to drop their father’s last name and carry hers instead.  She would not allow for Alex to have the honor of giving his name to his children when he has now clearly abandoned them for his new family.

Question is, can Patty have Alex’s last name dropped from the children’s birth certificates?

Based on the Philippine Statistics Authority (PSA) website, www.psa.gov.ph, an illegitimate child has the right to carry his father’s last name for as long as the father duly acknowledged him by virtue of the following:

• The father executed an Affidavit of Acknowledgement
• The father presents a Private Handwritten Instrument (PHI)
• The father acknowledged the child at the back of the birth certificate or in a separate public instrument.

With respect to any of the above conditions, the child’s birth certificate bears his father’s last name as his last name.  Although he is still considered “illegitimate” (since his parents were not married at the time of his birth), he is given the right to use his father’s last name.

Dropping or removing the father’s last name from the children’s birth certificate, even if their birth right is illegitimate, must go through a court order.  It is not considered a clerical error and therefore, changing the child’s last name cannot be done by simply filing a petition for clerical error.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/born-after-august-3-1988

Problems with NSO Birth Certificate: Change of Name on Birth Certificate

Liezel is a 34-year-old mom who has been using two first names all her life.  All her documents and transactions show her first name as Maria Liezel: on her marriage contract, on her children’s birth certificate, her land titles, and tax declarations.  Even her bank accounts and driver’s license show her name as Maria Liezel.  However, on her PSA birth certificate, her first name is indicated only as Liezel. No Maria or Ma.

1. Is this considered a clerical error?
2. Does she need to have her name on her children’s birth certificates corrected to make it consistent with what is reflected on her birth certificate?

According to the Philippine Statistics Authority website (www.psa.gov.ph), such errors can be corrected under R.A. 10172 (Civil Registration Laws).  Liezel’s case is not considered as clerical error (the missing Liezel from her first name).  What she needs to do is have her name on her birth certificate changed from Liezel to Maria Liezel under R.A. 10172.

To process this, Liezel needs to do the following:

• Submit a petition for change of first name.  This shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths.
• The affidavit shall set forth facts necessary to establish the merits of the petition, showing affirmatively that the petitioner is competent to testify to the matters stated.
• The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and / or the change sought to be made.
• The petition shall be supported with the following documents:
  • A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;
  • At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based;
  • Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.
• The petition for change of first name shall be published at least once a week for two consecutive weeks in a newspaper of general circulation.
• Petitioner shall submit a certificate from the appropriate law enforcement, agencies that he has no pending case or no criminal record.
• The fees to be collected for this type of petition shall be determined by the city or municipal civil registrar.  Indigent petitioners are exempted from paying the said fee.

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

Problems with NSO Birth Certificate: Legitimation Due to Subsequent Marriage

When a child is born out of wedlock, his or her birthright is marked as illegitimate.  The child carries the last name of his mother unless he is acknowledged by his father on paper or his parents decide to get married later on.  Should it be the latter, the child is able to carry the father’s last name by virtue of a legitimation process.  This means that the illegitimate child’s birthright shall be changed to legitimate without the need of a court order.

Such is the story of Dess, an illegitimate child whose parents got married before she turned 10 years old.  Her parents worked on her legitimation right after they got married so that Dess can rightfully carry her father’s last name.  However, when they requested for a copy of her PSA birth certificate to complete her college graduation document requirements, they found out that no changes on her last name, nor any annotations, were applied on her birth certificate. She was still marked as illegitimate and still bears her mother’s maiden last name as her last name.

What could have happened?

Dess and her parents already had a copy of her Certificate of Legitimacy.  This was the document they received from the LCR when they filed for her legitimation.  On their copy, there is an annotation that read:

Legitimated by subsequent marriage of parents (mother’s maiden name) and (father’s name) on (date of marriage) at (place of marriage) under Reg. No. XXXX-XXX.  Hence, the child should now use the name (name of child using father’s surname).

Dess has been using the name Odessa Castro Talajib – Talajib being her father’s last name – since she was 11 years old.

Dess’ parents should have submitted to the PSA the Certificate of Legitimacy that they got from the LCR when they filed for her legitimation.  This would have triggered PSA’s certification and updating of Dess’ records in PSA’s files.  In other cases, the LCR where the legitimation was applied for, may also submit the Certificate of Legitimacy on the client’s behalf.  You just need to make constant follow-ups to make sure that the documents are duly processed.

For our information, here is the list of requirements when filing the Certificate of Legitimacy at the PSA:

Legitimation by Subsequent Marriage

1. Secure the following documents from the city / municipal Civil Registrar’s Office (C/MCR) where the birth of the child was recorded:
   • Affidavit of Paternity / Acknowledgement (Certified Photocopy)
   • Joint Affidavit of Legitimation
   • Certificate of Registration of Legal Instrument (Affidavit of Legitimation)
   • Certified True Copy of Birth Certificate with remarks/annotation based on the legitimation by subsequent marriage.
2. Verify the original birth certificate at the National Statistics Office (NSO).  If negative result, secure it from the C/MCR Office where the child was originally registered (certified photocopy).
3. Verify the marriage contract of parents at NSO.  If negative result, secure it from the C/MCR Office where the marriage was solemnized (certified true copy).

Source: https://psa.gov.ph/content/application-requirements

 

Problems with NSO Birth Certificate: No Middle Name

When an illegitimate child is born, it is likely that he will be given his mother’s last name as his last name.  In which case, the middle name field on his certificate of live birth will be left blank.

There are two possible scenarios to be observed when correcting or supplying a middle name on an illegitimate child’s birth certificate:

a. If the child is acknowledged by the father.

To supply the omitted middle name on the child PSA birth certificate, a supplemental report should be filed.  The supplemental report may be filed by the owner of the birth certificate (if of age), his spouse, children, his parents, siblings, grandparents, guardians, or any other person duly authorized by law or by the owner of the birth certificate.

If the owner was born in the Philippines, he needs to file the supplemental report at the LCR office where his birth was registered.  If born abroad, he needs to file this at the Philippine Consulate of the country where he was born.  In case he is already permanently residing in the Philippines, he needs to provide supporting documents which shall then be forwarded to the Department of Foreign Affairs.

b. If the child is not acknowledged by the father.

If the child’s biological father fails to acknowledge the child, the middle name shall not be supplied anymore and the child shall carry his mother’s maiden last name as his last name.

On the other hand, legitimate children should always have a middle name indicated on their birth certificates.  In case this entry is missing, a supplemental report, containing the reason why the child’s middle name was omitted, must be filed at the LCR where the child’s birth was registered.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/no-middle-name