Republic of the'Ph,ilippinesOFFICE OF THE CIVIL REGISTR~R GENt=RAL

National Statistics OfficeManila

ADMINISTRATIVE ORDEERNO.1, SERIES OF 2010

Subject: RULES AN£? ,REGULATIONS. G(JV,~R,~;IN:G IblF;i.IMPLEI',{rENT A.TIONOFREPUBLIC. ACT ·.NO~..9858 (An Act ..Providing for' th~';k,tgl~ir;nation ()fChildrenjBprnto parents Below Marrying Age, Amending for the Purpose the Family Code of thePhilippines, as Amended)

Section 1 of Republic ~ct (R.A.) No. 9858 ,fu~her amended ArticJe 177 ofExecutive Order No. 209, otherwise known as the Family Code of the Philippines, toread as follows: .

"Art. 177 ...Children conceived. and. born outsipe pf wedlock or parentswho, at the time of the conception of the form~r; v,y.yre~ot disqualified gyany impedimentfo marry each other, orwere,.sd:,ai§qucrfified onl? becauseeither or both of them were below eighteen (tS) years of age, may belegitimated."

Commonwealth .Act No. 591 mandates th,E; Natioqal Statistics Office {N$O)·through the Office of the Civil Registrar General (OCRG)to carry out and administer theprovisionsof ActNo. 3753 otherwise known as the "Civil Registry Law".

Section 8 of Act. No. 3753 provides ..for the registration of legitimation bysubsequent marriage ofparents in the civil register.

Pursuant to Section 2 of R.A. No. 9858, the following rules arehereby adopted.

Ru Ie 1. Coverage

These rules shall 'apply to all children conceived and born outside of ll1arriage Ofparents who, at the ti,.rne of conception of, the C;hilp, \fVere. not disqualified by.anyimpediment to marry each other; or were so disqualifieCl.bnly because either or both ofthem were below eighteen (18) years of age.

Rule 2. Definition of Terms

As used in these rules, the foHowing terms shallmean:

2.1 Leqitimation- is a process whlereaChildborn.outof wedlock is consideredlegitimate by fiction of law due to the subsequent valid marriage of his/herparents. .

2.2 Minor parent - a person under 18 years old Who has a child.

2.3 Legal impediment- refers to all causes ahd.circumstances that may renderthe marriage void underthe Family Code of thePhfippmes such as:

a. prior existing marriage;

b. those contracted by any party below eighteen years of age even withthe consent of parents or guardians; ,

c. those-solemnized by any person not legally authorized to performmarri?~~ unless such marriages ..vv~;r~oontracted With either or-bothparties believing in good faith thatthe soh~mnizing officer had thelegal'authority·tb do so;

d. those. solemnized without a lice,rrse, bigamous or polygamousmarriages notfallinq underArticle41; ';

e. those, :<:;ontract§d'through mistake of:Qne contracting party: as to theidentity of the other: ,and

f. those subsequent marriages thafare,~()idunder Article 53.

Rule 3. RequlsttesforLeqttlmatlon

Before a child may be legitimated, the following $han;bE{estabHshed:

3.1 The parents! are .not disqualified, to r]l~l3r~· each other by ~ny :1~:g~1impedimentat the time of conception of the cl1fil~',·orareso disqualifiedbe:causeeither or both df,them is/areminor parent/s;

3.2 The child Is conceived and born outside availcl,imctrriage.

3.3 The-parents subsequently enter into avalid:rtJarria~ge.

Rule 4. Affidavitof Legitimation

4.1 Who ShaH Execute

4.1.1 Both parents shall execute a Joint Affidavit ofLeqitimation: and.

4.1.2 Theyurvivingparent in case o~e Ofth~'pa'rents dies or is presumeddead, shall execute anAffidavit of Legitirrj'atib(l;

In case where both parents died wi!R?8:t, executing any Affidayit. ofLegitimati9n; the child, if of age, may file anp~:titionfor legitimation incourt:If the Chilp is a minor, the judicially §8g8i~ted guardian or by.PTcTonsauthorizedby law to exercise substitute :P:~f~:r.talauthority as enu~e:;~~tedunder Article 216 of the Family Code oftjj'e PJhilippinesmay file the petifionin court.

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4.2 Contents of the Affidavit of Legitimation

The Affidavit of Legitimation shall contain the following:

4.2.1 the names of the parents and place of-residence;

4.2.2 the date and place when such marriage was solemnized;

4.2.3 the name of-the officer who officiatedthe marriage;

4.2.4 the name of the child to be legitimat~d;

4.2.5 the date and place where the chilcLWasborn;

4.2.6 a statement that at the til1]e<vl/~~8th~ :,child...was con~fiy.~d.' tHeaforesaidpareats were not disqualifiedl,~,y-'an¥ i'mpedime?t to .·rnanyea(}hother except age, and that they 5u'lDs§;quently entered into a validmarriage; and - ,

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4.2.7 a statement that by virtue ofthe'sD'~:seqLle:ntmarriage, the saicfchildis now le§itimatecL

Rule 5. Registration pmcedures

5.1 Who shaUJ~egister

The following shall register the affidavit ofHegitirihation:

5.1.1 The father and/or mother of the chi'l'cLtobe legitimated; or

5.1.2 The child if of legal age; or

5.1.3 An¥ person authorized by-the above or by.law as providedbyArticle216 of the Family Code.

5.2 What to Register

The Affidavit of Legitimation shall be registered. It shall be supported bythe folloWi,ngdocuments:

a. CertifiedTrueCopy (CTC) ofth~ Certifiq-afeof Live Birth of the child;_b. CTC(Jfthe Certificate of Marriage:ot'P§pents;c. Certificate of,No Marriage of bot~'pctt~Mts;-d. Death certificate of the deceased: parentis in case of death df either

parent; ande. Court order of the presumptive death, in case one of the parents is

presumed dead.

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5.3 When to Register

The Affidavit of Legitimation shall be registered within thirty (30) daysfrom the date of execution.

5.4 Where to Register

5.4.1 The ~ffidavit of Legitimation e~~cut~~:~ithfn the Philippih~S shallbereqistered at.the Local Civil RegistrY'E?~IF~(LCRO) where the childwasborn, ifthe birth occurred in thePhiJippin~s:

5.4.2 The Affidavitof Leqitirnation e~e9ut~:~,i"~\Nithitlthe. Philippines. ~h§11 JSereqistered at the City Civil Registra('·(GCR) of Manila, if the' 'birthoccurred outsldethe Philippines.

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5.4.3 The.A~idavitofLegitimation exe;sute9,~8:P;t$,idl~theP~ilippin~s~W~$,t~J~rthe . bitth occurre? within or out~}~.:~ th~. Philippines, sW~lt; beauthenticate~· by. the. consu.I.·••.~eper9It8Tihis~8er repr~sen~a,tiye"i~ tryenearest·.Philippine Consulate GeneraltE>,'~~~Srl1b~.ssy.whicn.~as,juri9Bi~ti9:nover th~ place ,wHere one or bottr 9f~4@:~,';p?r~ntsreside ...The COR ofManila shall register the authentic'atecr~~fidavitof Leqitirnation.

Rule 6. Effects ofLeqltimation

6.1 'The effects of legitirTlation shall ret.ro~~t'i.a.t::;"~:~'y,tini~.of·.the..birth,.of:th,:·,Rhild.The child shall enjoy the same rights:a's'le€H.~imat~children. (Arfi:cle 174 ofthe Family Code ofthePhilippines) . "

"6.2 The annul,rnent. of a voidable. marriage;:i!:~:9:aH.nbtaffect the legifim'alion.(Article 178!ofthe Family Code of the PhilippInes)

6.3 The Certificate of Live Birth (Cal; 8) a'Q'd R~gister of Births sh:a:lr beannotated as follows:

6.3.1 If the birth was registered using thesLltn.:an1e\ofthe father:

"Legitimated by the subsequent marri~g,~ of parents < NameofFather> and <Name of Mother> on <.D~te_ofN{arriage> at <Placeof Marriage> under registry number: <Registry Number of theAffidavifof Legitimation >".

6.3.2 If the birth was registered using the sGfn:arne'of the mother:

((Legitim~ted' by. the subsequenrlTlatr.i~,g.(3'()f parents .'< Nome ofFather> and <Neme. of Mother> on <[)~,t$:;,'GrMarriage? at <Placeof Marriage> un;der registry nUfrlb~r,)~~gistry Number of theAffidavit of Legitimation >. The child shan::be known as < Name of

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the child by virtue of the legitimation>".

Rule 7. Issuance of Certified Copy of Certificate ofLive Birth (COlS) and CertifiedTranscription from the Register alBinOs (lCR Form 1A)

7.1 No entry in the ~riginal copy of the COLB~m~11be changed when a ce~ifiedtrue copy is issued. It shall only bear the. anhotatlon as provided underRule6.3.

7.2 The certifiedtranscription (LGR Form 1A) frorn.the'.Register of Births issuedshall bear theJollowing effects: .

a. The last name of the child shall be cihang~d .to the surname of thefather;

b. The middle name of the child shall be the maiden surname of themother;

c. The n~~ll1eof the father and other rete'\Ia'ntidforrhation, if not indIcatedin the COlS'shall be entered;

d. The entry on the date and place ofmEJrfiageshali be entered.

The annotation "Legitimated bysub§~;~~~tJt Iparriage of parentsunde~, Registry .Number<Regi~try N:§~~er -ot .the Affidavit ofLegitimation>" shall appear on'the-lRerriarks spa<?e.

Rule 8. Processing of Documents at the Local CiviJ'fR~'g'istryOffice.(LCRO)

8.1 For births occurrinqIn the Philippines an'(j.'the Affidavit of leg'itihlationexecuted inthe Philippines .

8.1.1 Th~ .e-. City/Municipal Civil ~;:9i~tr~:r (G/~CR) shall examine th:eAffidavit of Legitimation and the suppotti'ng documents for authenticity,completeness and consistency;

8.1.2 The C/MCR shall register the AffidavifofLegitimation in the Registryof Legal Instruments;

8.1.3 The C/MCR shall annotatethe COLB:and the Register of Births;

8.1.4 The C/MCR shall issue a certjfi.ed, copy of COLB or G:riifiedtranscription (LCR Form 1A) with. ~l1nolations and/or Affid~~ir ()fLegitimation upon request of authorized persons (Section 7, PresidentialDecree 603); .

8.1.5 The C/MGR shall send to OCRG .certitled copy of the following:

a. Annotated COLB;b. COLBwithout annotation, ifa\taiTable;c. Affidavit of Legitimation;

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d. Certificate of Registration ofthe Affidavit of Legitimation;e. Certificate of Marriage; andf. Other supporting documents as applicable such as Certificate

of Death, Divorce, Declarationof.Nullity, etc.

8.2 For births occurrlnq in the Philippines a_n,HthetAffidavitof Legitimationexecuted outside the Philippines

8.2.1 The Affidavit of Legitimation sh~:lll;,?~eau~henticated by the Son~ulGeneral. or his/her. representative .in tQ-~' nearest Philippine CO,t19.wlateGeneral qr Embassy which has JtJfisdicti(jn over the place where one orboth of the parents reside.

8.2.2 Th~ eCR of Manil ashall exam1n~:t~-; A~idavit ofLegitiF~tibh andthe supporting documents for authenticity, Completeness' andconsistency;

8.2.3 The CCR Of, ..Manila ~hal.l.Tf;gX8tgt(thejauthenti9~ted ~ffig:~~it: ofLegitimation together with the. suppor:tr:~;g:ddd,uments as m-ettti-o-ned-inRule 5.2. -

8.2.4 The' CCR of Manila. shall fo~a,rda .copy of' the Affidavit ofLegitimation and supporting documerits: as mentioned in 5.2 to theC/MGR where the birth was registerecL_

8.2.5 The elMeR where the birthWast~g:rst~te¢l shall annotate:th~;C-QLBand the Register of Births;

8.2.6' The C/MCR·.where the birth .•was·h~g'istered shall issue-.a .c~~~fiedcopy of GOLB or certified transcription '(8rD-R Harm lA) with a_nn~t~tiorl'supon request of authorized persons.(Sectton 7, Presidential Decree'HOG};

8.2.7.Th.e elMeR where the birth wa$ ,registered' shall send to_OGREScertified copy ofthe following:

a. Annotated COLB;. . 'b. COLB without annotation, ifavatlable:c. Affidavito! Legitimation;d. Certificate of Registration -ofttleAffidavit of Legitimation;e. Certificate ofMarri(;lge; a'nd '.. .... '. . •f. Other supporting docurnent$ a.~-ppp}icable such as·Ce'ttificate

of Death, Divorce, Dec:;laratiQh:of-NuHity,etc.

8.3 For. births occurrillg ..outside t~?. \lli;J.ippines and the Affidavit ofLegitimation executed in the PhilipPine~- -

8.3. t The CCR of. Manila shall- re:g_i~t~r.the;Affidavit of -L~giNrrfationtogetherwith the supporting documents:a:-s-mentioned in-Rule 52.

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,8.3.2 Ths CCR of Manila shall forward a copy of the Affidavit ofLegitimation and supporting documents to the OCRG.

8.4 For births occurring outside the Philippines and the Affidavit ofLegitimation executed outside the Philippines'

8.4.1 The Affidavit of Legitimation shall be authenticated by the ConsulGeneral or his/her representative in the nearest Philippine ConsulateGeneral or Embassy which has jurisdiction over the place where one orboth of the parents reside. '

8.4.2 The CCR of Manila shall examine the Affidavit of Legitimation andthe supporting documents for authenticity, .completeness andconsistency;

8.4.3 The CCR of Manila shall reqister the authenticated Affidavit oflegitimation together with the supporting documents as mentioned inRule 5.2.

8.4.4 The CCR of Manila shall forward a copy of the Affidavit ofLegitimation and supporting documents to the OCRG.

Rule 9. Processing of Documents at the OCRG

9. i The' OCRG shall examine the annotated COlB, Affidavit of legitimation andall supporting documents submitted for authenticity an,d consistency;

9,'2 The OCRG shall 'annotate Report of Births following Rule 6.3;

9.3 The OCRG shall file the documents submitted by the C/MGRs in its archives;and

9.4 The OCRG shall issue a certified copy of the annotated COlB and/orAffidavit of legitimation' upon request of authorized persons (Section 7,Presidential Decree 603).

Rule 10. Retroactivity Clause

These rules shall have retroactive effect for all births occurring within and outsidethe Philippines after the effectivity of the Family Code.

, Rule 11. Separability Clause

If any portion or provision of this Implementing Rules, and Regulations is declaredvoid or unconstitutional, the remaining portions thereof shall not be affected by such

declaration.

Rule 12. Repealing Clause

All circulars, memoranda, rules and regulations or parts thereof inconsistent withthe provisions of these rules are hereby repealed or modified accordingly.

Rule 13. Effectivity

These rules shall take effect 15 days after its publication in a newspaper ofgeneral circulation in the Philippines.

Approved this ~th day of Oct. 2010

LL-~M~r_:_CARMELITA N. EFflcTA

Civil Registrar General

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