Tag Archive: nso birth certificate


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 - 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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04 - 03

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

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

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

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

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

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

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

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

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

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

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

According to the Family Code:

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

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

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

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

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

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

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

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

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

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

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

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

Sources:

www.gov.ph

http://jlp-law.com

http://www.manilatimes.net

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03 - 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 - 14 (2)

This summer, various government agencies will be opening its doors to qualified high school and college students who wish to work and earn a few bucks while waiting for classes to resume. Interested applicants must meet the following requirements:

  1. Student / out-of-school youth at least 15 years old but not more than 24 years old;
  2. Must be enrolled this school year / must have the intention to enroll next school year (if out-of-school);
  3. The combined annual net income of both parents, including his/her own income if any, must not exceed Php 143,000;
  4. Student must have obtained at least an average passing grade during the last school year / term attended; and
  5. Must possess office skills such as knowledge in computer applications.

Documentary Requirements:

  1. SPES FORM 2 – APPLICATION FORM (Special Program for Employment of Students).
  2. PSA Birth Certificate
  3. Photocopy of latest Income Tax Return of parents or certification issued by BIR that the parents are exempted from payment of tax, or
  4. Original Certificate of Indigence or
  5. Original Certificate of Low Income issued by the barangay.

All applications must be submitted to the following address, on or before March 27, 2017.

Office of the Youth Formation Division, 3rd Floor, Mabini Building, DepEd Central Office, Meralco Avenue, Pasig City.

You may also scan the application and requirements and send in zipped file format to blss.yfd@deped.gov.ph

Source:

http://www.rappler.com/nation/163846-news-briefs-philippines-march-13-2017?utm_source=twitter&utm_medium=referral

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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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02-20

While we anticipate the approval of the proposed 10-year validity of Philippine passports, we should continue to mark our calendars as to when we should be applying for a passport renewal.  Currently, Philippine passports have a 5-year validity period and most passengers who have less than a year before their passports expire are no longer permitted to leave the country.

This is a dilemma encountered by most OFWs.

So what happens if your passport expires while you are overseas?

Read on:

1.Allow a one year renewal period.

Avoid waiting until you only have a few weeks left before your passport expires.  The process of renewing your passport from abroad takes at least 8 to 12 weeks.

2. Visit the Philippine Embassy / Consulate General in the country where you are currently located.

a. Bring your passport and other pertinent documents related to your travel or stay.

b. The Philippine Embassy will send your renewal application to the Department of Foreign Affairs (DFA) office in Manila.

c. Check online if the Philippine Embassy in your area requires applicants to set up an appointment.  Most Philippine Embassies accommodate walk-in applications for passport renewal.

d. All details such as photographs, fingerprints, and signatures will be taken on-site.

3. What are the documents you need to bring?

a. Duly accomplished passport application form, typed or printed legibly on black or blue ink.

b. Latest passport.

c. One (1) photocopy of each of the data page/s of the passport.

d. Photocopy of any valid identification card where the middle name is fully spelled out, such as state4 ID, driver’s license, Birth Certificate, Marriage Certificate, or Baptismal Certificate.

e. Proof that applicant has not applied for foreign citizenship, e.g. resident alien card (green card).

These requirements may vary depending on the host country of the Philippine Embassy you will be applying to.

4. But how about if the passport IS already expired?

If your passport got lost or is already expired and you need to travel back to the Philippines, you have to secure a Travel Document from the Philippine Embassy in your host country.

What is a Travel Document?

  • Travel documents are issued to Philippine nationals returning to the Philippines, who for one reason or another, have lost their passport or cannot be issued a regular passport.
  • It is also issued to Filipino citizens who are being sent back to the Philippines.
  • It is valid for a non-extendable period of thirty (30) days from date of issuance and only for a one-way direct travel to the Philippines.  It cannot be used for re-entry to the host country.

The travel Document can only be issued when:

  • The consular officer determines that its use is warranted by emergency/critical circumstances.
  • It cannot be used as a short cut in complying with the requirements for the renewal of a passport or the replacement of a lost passport.

Renewing your Philippine passport abroad may be the last thing you would want to do while on a trip, whether as a tourist or an overseas worker.  You can avoid this by simply making sure that your passport is kept up-to-date.  Until the law on the 10-year validity period for Philippine Passports has been ratified, we all need to exert a little more effort in making sure that our passports are updated and are not expiring anytime soon.

Sources:

http://www.dfa.gov.ph/2013-04-04-07-00-36

http://bangkokpe.dfa.gov.ph/consular-office/services/passport/travel-document

http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/

http://www.pinoyhood.com/renew-passport-abroad/

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02-08

A passport applicant was denied because her name on her birth certificate did not match any of the IDs and clearances she presented to the DFA.  Why is this so?

Janine’s parents’ marriage was annulled shortly after she turned one year old.  After the annulment, her mother immediately reverted to using her maiden last name.  Since the mother had sole custody of Janine, she decided to drop the father’s last name and had Janine use her maiden name in all of her records instead.

Now, at 34 years old, Janine applied for her passport (for the first time) and was shocked when she was told her application was denied.  According to the DFA, the name on her birth certificate and the names on the rest of her documents and IDs do not match.  And because of this, she needs to have her birth certificate amended first before her application could be entertained.

Janine was willing to just use her name as it appears on her birth certificate but they explained to her that this could not be done.  The DFA verifies a person’s identity against all of the documents and IDs required of an applicant and since her names do not match, they could not issue her a passport.

What are the requirements when applying for a passport for the first time?

  1. Personal appearance of applicant.
  2. Confirmed appointment
  3. Duly accomplished application form (may be downloaded from the DFA website).
  4. Birth Certificate in PSA Security Paper (SECPA) or Certified True Copy of Birth Certificate issued by the Local Civil Registrar (LCR) and duly authenticated by the PSA.
  5. Valid picture IDs and supporting documents to prove identity such as:
    • Government-issued picture IDs:
      • Digitized SSS ID
      • Driver’s License
      • GSIS E-card
      • PRC ID
      • IBP ID
      • OWWA ID
      • Digitized BIR ID
      • Senior Citizen’s ID
      • Unified Multi-purpose ID
      • Voter’s ID
      • Old College ID
      • Alumni ID
      • Old Employment IDs
    • And at least two of the following:
      • PSA Marriage Contract
      • Land Title
      • Seaman’s Book
      • Elementary or High School Form 137 or Transcript of Records with readable dry seal.
      • Government Service Record
      • NBI Clearance
      • Police Clearance
      • Barangay Clearance
      • Digitized Postal ID
      • Readable SSS-E1 Form or Microfilmed Copy of SSS E1 Form
      • Voter’s Certification, List of Voters and Voter’s Registration Record
      • School Yearbook

Janine presented her PSA Birth Certificate, her college IDs, her company ID, and her Voter’s ID.  Of the four, only her birth certificate shows her last name as that of her father’s while the rest were all her mother’s maiden last name.

She was advised to proceed to the Local Civil Registry where her birth was registered and inquire about the processes involved in changing her surname (as a result of the nullification of her parents’ marriage).  Once her birth certificate has been duly annotated with the necessary changes (on her last name), she may apply for her passport once again.

Source: http://www.dfa.gov.ph/index.php/2013-04-04-06-59-48

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02-07

A child born out of wedlock is an illegitimate child.  Under the law, such children shall carry their mother’s last name on their birth certificates unless their father provides his consent to let the child use his last name.  In cases when the parents of an illegitimate child decide to marry later on, the child’s status is effectively changed to “legitimate”.  And as a legitimzied child, he or she is given the same entitlements as that of a legitimate child, retroacting to the time of the child’s birth.  This includes the child’s right to use her father’s surname.

So how come “legitimized” children, who have been using their father’s last name since after their parents got married (after their birth), are still required to execute an AUSF (Affidavit to Use Surname of Father) if they want to use their father’s last name on their passports?  (Otherwise, their passports shall bear the last name of the mother as if their birth right is still illegitimate).

When a child is “legitimized”, certain procedures must be undertaken in order to apply the child’s father’s last name on the child’s birth certificate.  Unless the necessary amendments and attachments have been officially applied on the child’s birth certificate, her right to use her father’s last name may still be questioned.

When applying for a passport, the DFA requires a copy of the applicant’s PSA Birth Certificate.  This shall be their basis for the person’s information, including and most especially, the person’s name.  If the birth certificate is not supported by documents attesting to the fact that the person has been “legitimized”, he or she may not be able to use the father’s last name on his passport.

If you were legitimized (due to subsequent marriage of your parents), you need to accomplish the following in relation to your use of your father’s last name:

a. Visit the office of the Local Civil Registrar where your birth was registered and secure the following documents:

  • Affidavit of Paternity/Acknowledgment (certified photocopy)
  • Joint Affidavit of Legitimation
  • Certification of Registration of Legal Instrument (Affidavit of Legitimation)
  • Certified True Copy of Birth Certificate with remarks/annotation based on the legitimation by subsequent marriage.

b. Verify that the birth certificate (of the legitimated child) and the marriage contract of the parents have been certified by the PSA.  If not, secure it from the city or municipal Civil Registrar’s Office where the child was registered and where the parents were married.

When applying for a passport and you would like to use your father’s last name:

  • Bring a copy of your PSA Birth Certificate.
  • Check to make sure that your copy includes an annotation regarding your new status as legitimated.
  • If the legitimized child is still a minor, the mother must be present during the passport application.
  • If the mother is abroad, the person accompanying the child (including the father), must be able to execute the following:
    • Affidavit of Support and Consent
    • Special Power of Attorney authenticated by the Philippine Embassy in the country where the mother resides.

A legitimized child may use her father’s last name on her passport provided her PSA Birth Certificate bears the necessary annotations regarding her legitimation and documented proof that the father has allowed the child to use his last name (AUSF, Affidavit of Support and Consent).

Sources:

http://www.dfa.gov.ph/

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

http://www.manilatimes.net/illegitimate-child-has-to-use-mothers-surname/230283/

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02-06

Applying for your child’s first passport is one of the most important things you need to accomplish after securing the certification of his birth certificate and before he begins with school.  The Department of Foreign Affairs (DFA) prioritizes passport applications for children aged 7 years old and below.  Parents no longer need to secure an appointment in order to be accommodated; they will be attended to as long as they have the complete set of documents needed for passport application.  We released a blog on the list of requirements and processes involved when applying for a minor’s passport.

But what if the minor applicant is an illegitimate child?  Is there a different set of documentary requirements that the parent or parents need to prepare?  In the absence of the mother, can the father apply for the child’s passport?  What if the child’s mother is a minor as well, will the DFA honor her application for her child’s passport?

We ran a research on this specific subject on passport applications and would like to share what we gathered from the DFA website and other related sources.

General requirements for illegitimate minor applicants:

  1. Personal appearance of the minor applicant.
  2. Personal appearance of child’s mother and her valid IDs or valid passport.  If the child’s mother resides abroad, the applicant’s guardian must present the following:
    • Affidavit of Support and Consent.
    • Special Power of Attorney authenticated by the Philippine Embassy in the country where the mother resides.
    • If the mother is in the Philippines, she must appear before the DFA office in order for the passport application to be processed.  The above supporting documents are applicable only if the child’s guardians can show proof that the mother is residing abroad.
  3. If the child’s mother is likewise a minor:
    • Personal appearance of child’s mother (who is a minor) and the child’s maternal grandparent/s.
    • PSA Birth Certificate of minor applicant and mother (who is a minor).
    • Affidavit of Support and Consent executed by the maternal grandparent/s indicating the name of the traveling companion.
    • DSWD clearance if the minor child will be traveling with the person other than the maternal grandparents.
    • Proof of identity of mother and maternal grandparent/s.
  4. Original birth certificate of minor in Security Paper issued by the PSA or Certified True Copy of Birth Certificate issued by the Local Civil Registrar and duly authenticated by the PSA.
    • Transcribed Birth Certificate from the LCR is required when entries in the PSA Birth Certificate are blurry or unreadable.
    • Report of birth duly authenticated by PSA is required if minor was born abroad.
  5. Document of identity with photo, if the minor is 8-17 years old (for first time and renewal applicant) such as School ID or Form 137 with readable dry seal.
  6. For minor applicants who never attended school, a Notarized Affidavit of Explanation executed by the mother detailing the reasons why the child is not in school.
  7. Original and photocopy of valid passport of the person traveling with the minor.

Clearly, the only instance when the DFA would entertain passport applications for illegitimate minors filed by a person other than his mother is if the mother is not in the Philippines.  Otherwise, only the child’s mother may transact with the DFA in order to obtain a passport for the illegitimate child.

If the child’s mother is also a minor or is physically or mentally impaired, the child’s maternal grandparents are next in line as authorized individuals to apply for the minor child’s passport.

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

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