Tag Archive: PSA Birth Certificate Delivery


08 - 29

My mom is a senior citizen enjoying all perks and privileges offered by our government to citizens her age.  She gets to beat long lines at grocery stores and rest rooms, watches movies for free at the mall at least once a week, and gets discounts when dining out.

As her designated carer, my major concern is her health.  Because of her age and deteriorating immune system, she now easily catches minor illnesses like cough and colds.  Lately, she has been complaining of a nagging pain in her right eye; sometimes, it would radiate to her right temple and then progress to a full-blown headache.  In times like these, we are thankful that our senior citizen mom is covered by Philhealth.  We are assured of assistance if only with her hospital bills.

If you are caring for a senior parent or grandparent, it is important that you are well-versed with the Philhealth’s medical assistance coverage for the elderly.  I have summarized the following information about senior citizens’ automatic membership with the Philhealth; this has helped me and my siblings understand and appreciate Philhealth’s efforts at providing much-needed assistance in our parents’ medical needs.

Read and share!

In what membership category will Philhealth enroll senior citizens with no coverage?

The Senior Citizen category shall be for a senior citizen who is:

  1. Not yet issued with a Philhealth Identification Number or PIN;
  2. A member in the formal or informal economy but has not qualifying contributions to be entitled to the Program benefits;
  3. Not an identified indigent under the National Household Targeting Systems for Poverty Reduction (NHTS-PR) or listahan of the Department of Social Welfare and Development (DSWD);
  4. Not currently a Sponsored Member;
  5. Not yet qualified as a Lifetime Member; and
  6. A qualified dependent of an NHIP member who has been declared in Philhealth’s membership database.

Can a Senior Citizen member declare dependents?

Yes, just like any other Philhealth Member.

What if the dependent of a Senior Citizen is a senior citizen as well?

Dependents of Senior Citizen members who are senior citizens themselves, e.g. legal spouses, can be enrolled as “Senior Citizen” members too.

What about senior citizens who are gainfully employed?  Will they continue to remit contributions?

Yes, senior citizens who are gainfully employed or remains to have a regular source of income shall continue to contribute to the NHIP.

Is the Senior Citizen category the same with the Lifetime Member Category?

No.  The LMP members need not pay contributions to be eligible to the benefits.  The Senior Citizen members have premium contributions which are paid from the proceeds of the Sin Tax Law.

What are the benefit entitlements of Senior Citizens?

Senior Citizen members will be entitled to benefits for inpatient hospital care, day/ambulatory services, Z-benefits and other special benefit packages.

Starting January 2015, Senior Citizen members along with the Lifetime Members and those registered as Kasambahays aged 60 years old and above shall also be entitled to the Primary Care Benefit Package: Tamang Servisyo sa Kalusugan ng Pamilya (Tsekap).

Will Senior Citizen Members be entitled to the No Balance Billing Policy of Philhealth?

Yes, along with Lifetime Members and those registered as Kasambahays aged 60 years old and above.

How will Senior Citizens avail of the benefits?

Senior Citizens only need to present their senior citizen card, MDR or any accepted proof of identity and age; provided the hospital has an HCI Portal installed.

A PBEF that says “YES” – the patient is entitled to the benefits shall serve as a basis for automatic deduction.

In case the hospital has no portal installed, the PBEF says ‘NO’, or the senior citizen was not able to enroll before discharge, then the following may be attached to the usual claims documents:

  1. duly accomplished Philhealth Member Registration Form (PMRF); and
  2. an acceptable proof of status as senior citizen including but not limited to the Senior Citizen’s Identification Card and Birth Certificate.

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

Chips And Nibblers (1)

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08-15

Now that the rainy season is upon us, a lot of areas in Metro Manila as well as in the provinces are once again on guard for the anticipated onslaught of typhoons and flash floods.  Sadly, no matter how well a community, city, or province prepare for the worst, a lot of families still get adversely affected by the wrath of these typhoons and thunderstorms.  Houses, vehicles, and businesses are destroyed mercilessly by nature, leaving its helpless owners wondering how they can rebuild their hard-earned investments.

The Social Security System responds to such emergency needs by offering its Calamity Loan privileges to SSS members in calamity-stricken areas, as declared by the government.

What is the SSS Calamity Loan?

This is a new and separate loan window from the regular salary loan offered to members who live or work in areas declared to be under the State of Calamity by the government.

The salary loan amount is determined by the SSS and is payable in two years in 24 equal monthly installments, with an annual interest rate of 10% and 1% monthly penalty for late payments.

How does a member qualify for the SSS Calamity Loan?

Members should have a home address or property in the covered areas and a minimum of 36 monthly contributions, six of which should be paid within the 12-month period preceding the date of application.

SSS will announce when they will start accepting calamity loan applications over the counter at their branches and only then will members’ applications be entertained.

Are OFWs and Seafarer members qualified to apply?

Yes they are, as long as they can show proof that their property is covered by the calamity.  They can apply through their designated representatives who should present an authorization letter to the SSS.

What are the requirements when applying for a calamity loan?

Apart from their SSS ID, a member must submit a Barangay Certification that will attest to their residence in the declared calamity area or to their current status as an OFW or seafarer.  Any previous calamity loans must be fully paid before the member can avail of another calamity loan.

My property is covered by the calamity area, how come my application for an SSS calamity loan was denied?

Those who availed of the SSS Loan Restructuring Program and those with final benefit claims such as for total permanent disability and retirement, are excluded from the program.

Take note that calamities are not restricted to natural disasters such as storms, earthquakes, drought, and the like.  SSS members in war-torn Marawi have been declared qualified to avail of the said calamity loan.

For more information on the SSS calamity loan, you may visit their website at www.sss.gov.ph or visit the nearest SSS office in your area.

 

Source:

www.sss.gov.ph

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06- 16

Getting married is a once-in-a-lifetime event and all brides-to-be want nothing less than a perfect wedding day.  From the weather, to the place of ceremony, to the littlest of details in the bride’s wedding gown, everything should be flawless.  All because in the Philippines, you’re only supposed to marry once.

Over the years, weddings have become more and more elaborate, more detailed, and more personal.  From the basic white and ecru color motifs, couples have learned to be more bold and creative with their choices in colors, clothing, and quite recently, even the look and feel of the ceremony and reception areas.  Yes, weddings have become more fun and meaningful, yet it has also elevated the costs involved in achieving the desired “themes and motifs”, as wedding organizers would often say.

So how exactly do you plan, organize, and celebrate the perfect dream wedding without breaking the bank?  We researched on this topic and found quite a handful of information from wedding suppliers, organizers, and even brides themselves!  We are sharing everything that we’ve gathered so far and hope these could help you plan the perfect, yet not too expensive, wedding day for you.

  1. Choose the date and time.

According to wedding bloggers, you actually need to decide on the date and time before you even decide on the budget.  A wedding in June could be cheaper than a wedding in December or February since the latter months are considered by most businesses as peak months.

  1. Draft your entourage and guest list.

After you’ve confirmed the date, it is easier to list down the people you wish to be present on your wedding day, including and most importantly, your wedding entourage.  Save up on call toll charges by creating an online group chat or call them through the internet.

  1. Budget. Budget. Budget.

Now that you have a pretty good idea how many people will attend your big day, it is time to work on the wedding budget.  Before deciding how much you intend to spend, you would need to first discuss who will shoulder which expenses.

Filipino wedding traditions are very different from Western culture where the father of the bride shoulders majority, if not all, of the wedding expenses.  Filipino parents seldom shoulder their kids’ weddings unless extremely necessary.  If at all, it is the groom’s parents who share more in the wedding expenses than the bride’s.  Case in point: if you can’t afford your wedding yet, how do you plan to manage a lifelong marriage?

You will have to create a long list of items that need to be purchased, built, and sewn.  Keep in mind too that expenses do not end when you’ve made your way to the altar and exchanged “I dos”.  Your suppliers, drivers, relatives, and other people who will be helping out in your celebration need to be fed, sheltered, and dressed up too.  Prepare your petty cash for incidental expenses that are sure to crop up during the day itself.

  1. Finalize your booking for the ceremony and reception venue.

Weddings are commonly held during the dry months, beginning in December to the early weeks of June.  Top wedding destinations are the cool cities of Tagaytay, Batangas, and Baguio, while more adventurous couples are also keen on celebrating their union by the seashores of La Union, Boracay, Cebu, and Bohol.  The choices are endless and choosing could be fun except you have a budget and guests to consider.  Choose a venue that is not too far from where most of your guests will be coming from.  If you are on a tight budget, we suggest that you hold your ceremony and reception in the same place.  This cuts your expenses on rental fees, decorations, and travel by more than half.

  1. Book your wedding suppliers.

When choosing wedding suppliers, gather as much information from other newlyweds, relatives, and friends as you can.  This gives you first-hand information on the suppliers’ quality of service, negotiable rates, and other important details.  Remember, you do not need to “outsource” everything.  You can borrow, ask for, and create things on your own.  Wedding organizers were non-existent in the ‘80s and ‘90s but are now virtually indispensable.  If they were able to hold grand weddings in the past without the expensive services of a coordinator, why can’t you now?  Ask for your friends’ assistance and delegate assignments to your bride’s maids.  You’d be surprised to find out how much your “squad” wants to be part of your wedding preparations!

If you should spend (or splurge!) on suppliers, you’d be wise to focus on your caterer and photographers.  Your guests will remember your wedding more from the kind and quality of food you served and the candid and wacky photos they will be posting in social media.

And then again, if you have a brother who cooks mean dishes and friends who like to take beautiful photos, you can consider yourself one blessed woman!

  1. Save-the-dates and Wedding Invitations

If you can tap the limitless reach of social media to let everyone know when you’re getting married, use that.  Save-the-date cards add to your expenses and do not do much in ensuring that your guests will show up, so why bother?

While there are hundreds of wedding invitation suppliers who undoubtedly could come up with the most creative invitations for you, remember, you can easily copy a design online and print these yourself!  Invitations end up in people’s waste baskets or filed in a long forgotten shelf anyway, so why spend so much on these stuff?  Take a trip to the bookstore and channel the Martha Stewart in you.  Creating your wedding invitations could also be a good bonding opportunity with your mom, your sisters, and friends.

  1. Buying your wedding apparel.

Divisoria and Baclaran boast of designer quality fabrics that you can send to your trusty seamstress who can create lovely pieces for you and your groom.  If you are paying for your entourage’s gowns, then these two places in Manila are your best bets.  Buying off the rack is convenient but can be too pricey.  Also, expect to lose some weight (or gain some if you’re the type who eats when stressed) after all the stressful wedding preparations so having your gown done by a seamstress will prove to be more convenient when you need some adjustments  done before the big day (because having your gowns altered by designer stores cost money!).

  1. Wedding Permits, Licenses, and Seminars

Now these are the things your wedding suppliers, not even your expensive wedding coordinators, will remind you to accomplish.  Ironically, all your pricey wedding preparations will go to waste if you fail to secure the necessary documents for getting married.

First, you need to secure a Marriage License.  Keep in mind that a marriage license is only valid for 120 days.

Also, secure copies of your PSA birth certificates and CENOMAR (Certificate of No Marriage).  Check your documents for spelling errors and other inaccuracies.

Attend required seminars and retreats (required by either your parish or your municipality) and secure the necessary certifications.  These requirements vary per municipality and parish.

Word of the wise: Accomplish all permits, documents, and seminars yourselves, do not hire the services of fixers no matter how busy you think you are.

  1. Account your expenses

Keep a journal of your expenses and mark off all items that have been paid off and those that will be settled at a later date.  Keep track of your checks, receipts, acknowledgments, and other proofs of payment to avoid confusion and unnecessary expenses.

  1. Hold a pre-wedding gathering of your entourage and suppliers.

It does not have to be fancy; you just need to get them together to ease any tension and encourage coordination.  This is best done a week before the big day.  Include a rehearsal of sorts just to fine tune each person’s responsibility and involvement in the occasion.

Remember, you cannot achieve perfection so leave room for last-minute emergencies and allow your team some errors and oversights.  No matter how hard you prepare, something is bound to go wayward and it’s all part of the fun and excitement.

So enjoy the moment while it lasts.  You will soon realize that preparing for a wedding that lasts for a day pales in comparison to preparing for the marriage that is expected to last a lifetime.

Best wishes!

Chips And Nibblers (1)

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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 - 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 - 18

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/

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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

Chips And Nibblers (1)

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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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02-06

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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30

A most common issue encountered by Filipinos with their birth certificates are misspelled first, middle, or last names.  These can go from just a single misplaced letter to an entire unknown name that somehow made it to the person’s birth certificate by mistake.  If you need to have your name corrected or changed, you may do so at the city or municipality where your birth was registered.

Here is the list of requirements and fees when filing for an affidavit for clerical error and change of first name at the Quezon City Hall.  This is also otherwise known as Republic Act 9048.

Requirements for Clerical or Typographical Error:

  1. Certified true machine copy of the Certificate sought to be corrected.  Make three copies.
  2. Documents showing the correct entry/entries upon which the correction shall be based such as Baptismal Certificate, Voter’s ID, School Records, GSIS records, SSS records, medical records, business records.
  3. Other relevant documents as the Registrar may require.
  4. Filing Fee: PHP1,000 and additional service fee for Migrant Petitioner of PHP500.00.

Requirements for Change of First Name/Nickname:

  1. Certified true machine copy of the Certificate sought to be corrected.  Make three copies.
  2. Clearance from the following authorities (these are MANDATORY):
    • Clearance from Employer or Certification that the applicant has no pending case with the company (if employed).
    • Affidavit of No Employment (if the applicant is not employed).
    • NBI or PNP Clearance
    • Documents showing the correct entry/entries upon which the correction shall be based, such as: Baptismal Certificate, Voter’s ID, School records, GSIS records, SSS records, medical records, business records.
    • Other relevant documents as the Registrar may require.
  3. Filing fee: PHP3,000.00 and additional service fee for Migrant Petitioner of PHP1,000.00.

Applicants must proceed to the Civil Registry Department for further instructions.

Source:

http://quezoncity.gov.ph/index.php/qc-services/requirements-a-procedures/261-civilregguide

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