Tag Archive: PSA Birth Certificate problems


05 - 15

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

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

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

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

A lot, actually.

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

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

Cornelio vs. Cornelia

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

What should be done then?

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

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

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

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

Source: www.psa.gov.ph

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05 - 03

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

The solution depends on the marital status of the petitioner

A. If the petitioner is SINGLE:

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

B. If the petitioner is MARRIED:

  • Include a copy of your PSA marriage certificate.

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

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

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

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

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

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

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

Reference: www.psa.gov

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04 - 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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02-13

The DFA will always refer to the authenticated copy of our PSA birth certificate for the accuracy and completeness of our names.  The name, and how it is written, on the birth certificate is what will appear on the passport.

Miguel Oben is an illegitimate child.  He has always used his mother’s last name as his surname (Oben); he leaves the middle name field blank in all of his documents and IDs.  When he applied for a passport, he was required to present a copy of his PSA birth certificate.  He was shocked to find that his name on his birth certificate is Miguel Villanueva Oben – Villanueva being his biological father’s last name!  He verified this against the copy of the LCR where his birth was registered and got the same results.  When he presented his birth certificate to the DFA, his passport application was denied.

What must be done in such cases?

Miguel was left with no choice but to have the issue on his birth certificate rectified at the Local Civil Registry where his birth was registered.  Since he is an illegitimate child and his father’s name does not appear on his birth certificate (except for his last name that somehow found its way to Miguel’s middle name field), he should continue carrying his mother’s last name while the middle name field must be left blank.

While waiting for the results from the Local Civil Registry (which could take between 6 months to a year), Miguel tried appealing his case to the DFA.  It turns out that he needs the passport to visit his mother who suffered a stroke in Guam, USA.  Luckily, he was able to support this claim with documents from his mother’s doctors.

Although it is not customary for the DFA to work around identity and documentary issues of passport applicants, there are certain cases when the application is reconsidered and additional documents are required.  Cases similar to Miguel’s may be required to present an Affidavit of One and The Same Person in support of the IDs and documents he presented bearing his name as Miguel Oben.  Apart from the said Affidavit, Miguel also attached a signed letter to the DFA stating that he shall be presenting the annotated copy of his birth certificate upon renewal of his passport.

Again, these kinds of issues are handled and evaluated by the DFA on a case-to-case basis.  The results of the evaluation are entirely up to the discretion of DFA’s experts.  At the end of the day, the public is expected to adhere to the policies of the DFA as published in their website and as posted in their offices.

Source: www.dfa.gov.ph

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09 - 05

The last installment of our Manila City Hall series is about unreadable entries on civil registry documents and how the copies can be restored.  If your birth certificate could not be read because the prints have faded over time, it may not be honored as an authentic civil registry document.  Here is how you can have it reconstructed.

Reconstruction as per Registry Book

  1. Bring the certificate as per Registry Book.
  2. Old copy of birth certificate to be reconstructed (local or PSA copy).
  3. ID of document owner and requesting party (if reconstruction is requested by a representative only).
  4. Pay the fee of Php 240.00 and submit requirements to Ms Cecilia Amorin at Room 117-A.

Requirements as per Reconstruction as per Index Book

  1. Bring certificate as per Index Book.
  2. Old copy of birth certificate to be reconstructed (local or PSA copy).
  3. Birth certificate of brother or sister or Marriage Contract of the registrant.
  4. ID of document owner and requesting party (if reconstruction is requested by a representative only).
  5. Pay the fee of Php 240.00 and submit requirements to Ms. Cecilia Amorin at Room 117-A.

The first copy of your reconstructed birth certificate may be secured at any PSA branch nationwide.  Succeeding requests for copies of the reconstructed PSA birth certificate may be done by calling (02) 737-1111 or by ordering online at http://www.psahelpline.ph.

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

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08 - 31

A few months back, we featured an article on the conditions for married women to use their maiden names on their passports.  In that article, it was mentioned that a married woman needs to show proof that her marriage has been annulled or that she has been widowed before she can revert to her maiden name on her passport.

How easy (or difficult) is it really to get your maiden name back especially on major IDs like a passport or a driver’s license?  Here is a personal experience I would like to share for everyone’s information and guidance.

======================

My mom had her passport renewed at a DFA satellite office a few weeks back.  She was excited to have this processed as she saw it as a chance to change her name on her passport back to her maiden name.  Ever since she and my dad were granted their annulment several years ago, she had been diligently updating her IDs with her maiden name and her passport was actually foremost in her agenda.

She went to the DFA satellite office with her IDs, a copy of her original birth certificate (she was born in 1946), her annulment papers, and her old passport.  When she advised the DFA personnel that she would like to revert to her maiden name, she was requested to present a copy of her PSA birth certificate.  Since she did not have a copy ready with her, she decided to reschedule her passport renewal.

We ordered for a copy of her PSA birth certificate online through PSAHelpline.ph.  In less than 15 minutes, we were done with the entire ordering and payment process because the site accepts credit card payments!  In two days, my mom received a parcel from PSAHelpline.ph.

When she opened the package, she wasn’t entirely surprised to find a Negative Certificate instead of a copy of her birth certificate.  The PSA does not have a copy of her birth records.  We were advised by a friend who works at the Quezon City Hall to file for a late registration of our mother’s birth details that will then be forwarded to the PSA for certification.  Doing so would mean traveling all the way back to Cabanatuan City, my mom’s birth place.

Since my mom did not want to wait that long to have her passport renewed, she agreed to just use her married last name.  I advised that this may be a wise decision if she intends to apply for a tourist visa to the U.S. soon as her previous visas were issued under her married name.

When she agreed to keep her married name, all she needed to submit was a copy of her Senior Citizen ID and her old passport.  She is scheduled to pick up her new passport on September 21st, her 70th birthday.

===========================

You see ladies, getting your maiden name back is not as easy as most think.  So before giving it up, consider other possibilities.  In documents such as passports, you actually have the option to use your maiden name even if you are already married.

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Here are the requirements you need to prepare when filing for a correction on your maiden middle name after you have been married.

What to bring:

  1. 2 latest certified/local copies and 2 latest PSA (formerly NSO) birth certificate to be corrected.
  2. 2 latest certified copy of marriage contract of the document owner.
  3. 2 latest certified copies of PSA birth certificate of at least 2 children of the document owner.
  4. 2 copies of baptismal certificate of the document owner.
  5. 2 copies of school records (Elementary, High School, or College – form 137 or Transcript of Records).
  6. 2 certified copies of voter’s registration record/voter’s affidavit (COMELEC).
  7. 2 latest original NBI Clearance (purpose: For Change of Name).
  8. 2 latest original PNP Clearance (purpose: For Change of Name).
  9. 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.
  10. Other documents which the LCR may consider relevant and necessary for the approval of the Petition, such as the following:
    • GSIS/SSS Records
    • Medical Records
    • Business Records
    • School Records
    • Insurance
    • Land Title
    • Bank Passbook

All marriage contracts, birth and death certificates to be submitted should be latest certified photocopies when issued in Manila.  If issued outside Manila, must be on Security Paper of PSA (formerly NSO).

Steps to Follow:

  1. Submit all requirements to RA 9048 receiving table for assessment and initial interview.  Please bring all original documents and ID (Table 1 & 2).
  2. Preparation of petition paper (Computer Table).
  3. Proceed to Room 214, City Legal’s Office, and have petition papers notarized.
  4. Pay at the Tax Payer’s Lounge:
    • Registration Fee – P1,000
    • Certified True Copy Fee – P230
    • Transmittal Fee – P210
  5. Proceed to Table 3 for the receiving and filing of petition papers and all other documents.  You will be given a schedule for follow ups as well.

The Manila LCR does not conduct interviews during Fridays.

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

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In a previous post, we discussed the requirements and processes involved when changing the first name of a birth certificate owner who is already married.  Today’s post is about filing a petition for the change of first name of an unmarried individual at the Manila City Hall.

What to bring:

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

(b). 2 copies of baptismal certificate.

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

(d). 2 certified copies of Voter’s Registration record/voter’s affidavit (COMELEC).

(e). 2 copies of Certificate of No Administrative case from employer (for employed document owners).

(f). 2 copies of Affidavit of Non-employment (for unemployed document owners).  Indicate the following on the document: “For change of Name and No Pending Administrative/Criminal case”.

(h). 2 photocopies of certificate of business registration.

(i). 2 copies of latest original NBI Clearance.  Indicate purpose as: For Change of Name.

(j). 2 copies of latest original PNP Clearance.  Indicate purpose as: For Change of Name.

(k). 2 copies of valid ID of petitioner and document owner and 1 copy of latest Community Tax Certificate from the place of work or residence.

(l). Other documents which the Office may consider relevant and necessary for the approval of the petition such as:

  • GSIS/SSS Records
  • Diploma (Elementary, High School, or College/Vocational)
  • Medical Records
  • Business Records
  • Service Records
  • Insurance
  • Certificate of Land Title
  • Passbook

(m). SPA (Special Power of Attorney).  If the petitioner is abroad or sick, he/she can be represented by a 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 copies or on Security Paper (SECPA) of the Philippine Statistics Authority (PSA).
  2. After the compliance of the requirements, please proceed to the information counter and get a number for pre-interview and bring the original copies of the supporting documents (Personal Records).  Please be reminded that only applicants with complete requirements will be entertained for pre-interview.
  3. Publication of the petition for two (2) consecutive weeks in a newspaper of general and national circulation (list of newspapers and the rest of the procedures will be provided during the final interview).
  4. Processing of petition is four (4) months and will commence on the date the petition was received by the Manila City Hall.
  5. Fees are as follows:
    1. Registration Fees – P3,000 (Certified Photocopy)
    2. Single Petition – P230
    3. Double Petition – P330
    4. Additional Payment – P30 for documents with supplemental reports

Payments for publication and notary of the petition are not included.  The Manila City Hall does not conduct interviews during Fridays.

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

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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/

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If the place of birth written on your birth certificate is not the same as the one written on your passport or any other document that you use as an identification, you might encounter problems with your transactions as this is a vital ID information.

Here are the steps you need to follow when filing for correction of your place of birth under RA 9048:

What You Need To Bring:

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

(b). 2 latest certified copies of certification from the hospital indicating the exact hospital address.  IF the hospital or clinic where the birth certificate owner was born is no longer in existence, the petitioner needs to submit a certification from the Barangay stating that the said hospital or clinic was formerly established in the area and is now no longer in operation.

(c). 2 copies of baptismal certificate.

(d). 2 copies of school records, Elementary and High School, either Form 137/138 or Certificate or College Transcript of Records (TOR).

(e). 2 Certified copies of Voter’s Registration record/voters’ affidavit (COMELEC).

(f). 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.

(g). SPA (Special Power or Attorney).  If the petitioner is abroad, or sick, he/she can be represented by a lawyer or his/her nearest relative (up to third degree of consanguinity).

Reminders:

  1. All civil documents from the PSA (Birth, Marriage, and Death) to be submitted should be the latest certified local copy or on Security Paper from the PSA.
  2. After the compliance of the requirements, please proceed to the information counter.  Only applicants with complete requirements will be allowed to proceed to pre-interview.
  3. Processing of the petition is four (4) months and will commence on the date the petition is received by the Manila City Hall.
  4. Payments are as follows:
    • Registration Fee – P1,000
    • Certified Xerox Copy – P230
    • Transmittal Fee – P210
    • Additional Payment  for documents with supplemental – P30

Please be advised that the city hall does not conduct interviews during Fridays.

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

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