administrative order no. 1, series of 1993

7/28/2019 Administrative Order No. 1, Series of 1993

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Administrative Order No. 1 Series of 1993

Implementing Rules and Regulations of Act No. 3753

and Other Laws on Civil Registration

(Volume 89, Number 2, Official Gazette; January 11, 1993)

National Statistics Office

Office of the Civil Registrar General

Manila

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REPUBLIC OF THE PHILIPPINES

HIS EXCELLENCY

PRESIDENT FIDEL V. RAMOS

OFFICE OF THE CIVIL REGISTRAR-GENERAL

TOMAS P. AFRICA

Civil Registrar-General

CARLITO B. LALICON

Civil Registry Coordinator

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Civil Registration

Committee

Chairman

Lourdes J. Hufana

Vice-Chairman

Rosalinda L. Cabrera

Members

Preciosa B. Astillero Marcelino N. Jorda

Lucinda M. Bitong Ledesma L. Morante

Julieto S. Bolivar Editha R. OrcillaWilhelmina C. Bumanglag Veronica P. Pido

Zenaida R. dela Cruz Lilia B. Tandoc

Marites C. Espinoza Benedicta A. Yabut

Patricia Inez P. Estaniel Janice R. Ybanez

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TABLE OF CONTENTS

PREFACE....................................................................................................................................... 1

ADMINISTRATIVE ORDER NO.1, Series of 1993..................................................................... 2

PRELIMINARY STATEMENT .................................................................................................... 2Title One - GENERAL PROVISIONS........................................................................................... 3Rule 1. Duties and Powers of the Civil Registrar-General ......................................................... 3

Rule 2. Submission of the Appointment of Civil Registrar and other Pertinent Papers............. 3

Rule 3. Designation of Assistant Civil Registrar and Other signatories..................................... 4Rule 4. Technical Control and Supervision of Civil Registrars.................................................. 4

Rule 5. Duties of the Civil Registrar........................................................................................... 4

Rule 6. Role of Barangay Secretary............................................................................................ 5Rule 7. Civil Registry Books. ..................................................................................................... 5

Rule 8. Civil Registration Forms. ............................................................................................... 6

Rule 9. Operative Act of Registration......................................................................................... 7

Rule 10. Reporting of Vital Events Occurring Abroad............................................................... 8Rule 11. Supplemental Report for Birth, Death and Marriage. .................................................. 8

Rule 12. Delayed Registration. ................................................................................................... 9

Rule 13. Posting of the Pending Application.............................................................................. 9Rule 14. Recording of Delayed Registration. ............................................................................. 9

Rule 15. Duty to File a Complaint with the Prosecutor's Office. ............................................. 10

Rule 16. Reconstruction of Burned or Destroyed Civil Registry Records. .............................. 10Rule 17. Fees............................................................................................................................. 10

Title Two REGISTRATION OF LIVE BIRTH ........................................................................ 11

Rule 18. Live Birth. .................................................................................................................. 11Rule 19. Reglementary Period and Place of Registration......................................................... 11

Rule 20. Out-of-town Reporting of Birth. ................................................................................ 12

Rule 21. Persons Responsible to Report the Event................................................................... 13

Rule 22. Number of Copies to be Accomplished for Distribution. .......................................... 13Rule 23. Birth Registration of Illegitimate children. ................................................................ 13

Rule 24. Non-Disclosure of Birth Records. .............................................................................. 14

Rule 25. Delayed Registration of Birth..................................................................................... 14Title Three - REGISTRATION OF FOUNDLING...................................................................... 15

Rule 26. Foundling.................................................................................................................... 15

Rule 27. Reglementary Period and Place of Registration......................................................... 16Rule 28. Persons Responsible to Report the Event................................................................... 16

Rule 29. Requirements for Registration of Foundling.............................................................. 16

Rule 30. Number of Copies to be Accomplished for Distribution. .......................................... 16

Title Four - REGISTRATION OF DEATH ................................................................................. 17Rule 31. Death. ......................................................................................................................... 17

Rule 32. Reglementary Period and Place of Registration......................................................... 17

Rule 33. Persons Responsible to Report the Event. - ............................................................... 18Rule 34. Number of Copies to be Accomplished for Distribution. .......................................... 19

Rule 35. Out-of-Town Reporting of Death............................................................................... 19Rule 36. Mass Death. ................................................................................................................ 20

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Rule 37. Death Under Medico-Legal Examination. ................................................................. 20

Rule 38. Fetal Death. ................................................................................................................ 21Rule 39. Delayed Registration of Death. .................................................................................. 21

Title Five - REGISTRATION OF MARRIAGE.......................................................................... 21

Rule 40. Marriage. .................................................................................................................... 22

Rule 41. Reglementary Period and Place of Registration......................................................... 22Rule 42. Person Responsible to Report the Event. ................................................................... 22

Rule 43. Number of copies to be Accomplished for Distribution ............................................ 22

Rule 44. Marriage in Transit within Philippine Territory......................................................... 22Rule 45. Marriages Exempt from the License Requirement..................................................... 22

Rule 46. Delayed Registration of Marriage. ............................................................................. 23

Title Six - REGISTRATION OF APPLICATION FOR MARRIAGE LICENSE ...................... 24Rule 47. Reglementary Period and Place of Registration......................................................... 24

Rule 48. Requisites of Application for Marriage License. ....................................................... 24

Rule 49. Number of copies to be Accomplished for Distribution. ........................................... 27

Title Seven - REGISTRATION OF COURT DECREE/ORDER................................................ 27

Rule 50. Reglementary Period and Place of Registration......................................................... 27Rule 51. Adoption..................................................................................................................... 27

Rule 52. Number of Copies to be Submitted for Registration and Distribution....................... 28Rule 53. Registration of a Decree of Adoption Issued by Foreign Court................................. 28

Rule 54. Annotations in the Civil Register. .............................................................................. 28

Rule 55. Preparation and Issuance of certificate of Live Birth of the Adopted child............... 28Rule 56. Nature of Proceedings and Records. .......................................................................... 30

Rule 57. Annulment of Marriage, Legal separation, or Declaration of Absolute Nullity of

Marriage.................................................................................................................................... 30Rule 58. Correction of Entry..................................................................................................... 30

Rule 59. Change of Name......................................................................................................... 30Rule 60. Presumptive Death. .................................................................................................... 31

Title Eight - REGISTRATION OF LEGAL INSTRUMENTS.................................................... 31

Rule 61. Place of Registration. ................................................................................................. 31

Rule 62. Number of copies to be submitted for Distribution.................................................... 31Rule 63. Affidavit of Reappearance.......................................................................................... 31

Rule 64. Affidavit of Acknowledgment/Affidavit of Admission of Paternity. ........................ 32

Rule 65. Authorization or Ratification of Artificial Insemination............................................ 32Rule 66. Legitimation by Subsequent Marriage of Parents. ..................................................... 32

Rule 67. Option to Elect Philippine Citizenship....................................................................... 34

Rule 68. Repatriation. ............................................................................................................... 34Title Nine - PENAL PROVISIONS ............................................................................................. 35

Rule 69. Violations of Act No. 3753. ....................................................................................... 35

Rule 70. Violations of Act 3613. .............................................................................................. 35Rule 71. violation of C.A. No. 625........................................................................................... 36

Rule 72. violation of Family Code............................................................................................ 36

Title Ten FINAL PROVISIONS ............................................................................................... 36

Rule 73. Civil Registry Law Coverage. .................................................................................... 36Rule 74. Repealing Clause........................................................................................................ 36

Rule 75. Effectivity Clause. ...................................................................................................... 37

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APPENDIX 1................................................................................................................................ 38

Certificate of Live Birth............................................................................................................ 39Certificate of Foundling............................................................................................................ 41

Certificate of Death................................................................................................................... 42

Certificate of Fetal Death.......................................................................................................... 44

Certificate of Marriage.............................................................................................................. 46Application for Marriage License............................................................................................. 48

APPENDIX 2................................................................................................................................ 49

Civil Registry Form No. 1A (Birth-available).......................................................................... 50Civil Registry Form No. 1B (Birth-not available) .................................................................... 51

Civil Registry Form No. 1C (Birth-destroyed)......................................................................... 52

Civil Registry Form No. 2A (Death-available)......................................................................... 53Civil Registry Form No. 2B (Death-not available)................................................................... 54

Civil Registry Form No. 2C (Death-destroyed)........................................................................ 55

Civil Registry Form No. 3A (Marriage-available) ................................................................... 56

Civil Registry Form No. 3B (Marriage-not available).............................................................. 57

Civil Registry Form No. 3C (Marriage-destroyed)................................................................... 58Civil Registry Form No. 4A (Application for marriage license-available) .............................. 59

Civil Registry Form No. 4B (Application for marriage license-not available) ........................ 60Civil Registry Form No. 4C (Application for marriage license-destroyed) ............................. 61

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PREFACE

Administrative Order No.1, Series, of 1993 issued by the Office of the Civil Registrar-General embodies the implementing rules and regulations on civil registration and other

laws revising Administrative Order No.1, Series of 1983.

This revision is due to the 1988 Family Code of the Philippines and the 1991 LocalGovernment Code plus the changing times which necessitate the new procedures inregistering these new events.

A new Instructions Manual on the accomplishment and coding of civil registrydocuments was also prepared for the use of all persons involved in civil registrationwork.

With these, we aim to assist civil registrars in registering vital events such as birth,

death, marriage, fetal death and other registrable events as required by law.

It is expected that these registration procedures and provisions will standardize the civilregistration system in the Philippines, resulting in current, complete and accurate vitalstatistics in the country.

This Administrative Order is one of the outputs of the civil Registration Committee whichhad several consultative meetings and in-depth researches on all the rules andprovisions contained herein.

TOMAS P. AFRICAAdministrator andCivil Registrar-General

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National Statistics OfficeOFFICE OF THE CIVIL REGISTRAR-GENERAL

Manila

ADMINISTRATIVE ORDER NO.1, Series of 1993

Subject: Implementing Rules and Regulations of Act No. 3753 and other Laws onCivil Registration

Pursuant to section 2 of Act No. 3753, otherwise known as the civil Registry Law. whichtook effect on 27 February 1931, the following rules and regulations amendingAdministrative Order No.1, Series of 1983 governing the application and enforcement ofAct No. 3753 and other laws on civil registration are hereby promulgated for theinformation, guidance and compliance of all concerned.

PRELIMINARY STATEMENT

Act No. 3753, has for its purpose, the establishment of a civil register in the Philippineswherein acts, events, legal instruments and court decrees concerning the civil status ofpersons shall be recorded. This law applies prospectively, hence, all acts and eventsthat occurred prior to 27 February 1931 are not registrable.

The head of the National statistics Office is the Civil Registrar-General.

The person in-charge of recording vital events and other documents affecting the civilstatus of persons in cities and municipalities is the civil registrar. The civil Registry Lawembraces all acts of civil life affecting the status of persons and is applicable to allpersons residing in the Philippines.

________________* Vol. 89, No.2, Official Gazette, J anuary 11, 1993.N.B. The notation in parenthesis after each paragraph orrule indicates the source of that rule.

(N) means a new rule or regulation;( 'n' ) where 'n' is any number, means the nth rule of Administrative Order No. 1 Seriesof 1983, as in (3) to mean Rule 3 of the 1983 Administrative Order;(a) means an amendment of a specified rule, as in(3a) to mean Rule 3, as amended.

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The principal elements that characterize persons are:

a) their nationality;

b) their filiation which unites them to their parents and through them, to a givenfamily name; and

c) the different facts showing the beginning and the end of their civil personalityand any modification thereof. These facts are:

i) birth;ii) recognition;iii) legitimation;iv) adoption;v) marriage;

vi) legal separation; andvii) death.

Title One - GENERAL PROVISIONS

Rule 1. Duties and Powers of the Civil Registrar-General . - The CivilRegistrar-General shall have the following duties and powers:

a) To enforce the provisions of Act No. 3753;

b) To prepare and issue regulations for carrying out the purposes of Act No. 3753 andother laws relative to civil registration, and to prepare and order printed the necessaryforms for its proper compliance;

c) To give orders and instructions to the city/municipal civil registrars with reference tothe performance of their duties as such; and

d) To report any violation of the provisions of Act No. 3753 and other laws on civilregistration, and all irregularities, negligence or incompetency of city/municipal civilregistrar to the concerned mayor who shall take the proper disciplinary action against

the offender. (Section 2, Act No. 3753 as amended by Local Government Code section455(b) (1) (x) and Section 444(b) (1) (x)) (N)

Rule 2. Submission of the Appointment of Civil Registrar and otherPertinent Papers. -The civil registrar shall furnish the Office of the civil Registrar-General a copy of his appointment duly approved by the sangguniang bayan orsangguniang panlungsod, as the case may be, and duly attested by the civil Service

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commission within five (5) days from receipt thereof, together with a specimen of hishandwritings and signatures properly authenticated by the mayor. (Section 443 (d) andSection 454 (d), Local Government Code of the Philippines) (la)

Rule 3. Designation of Assistant Civil Registrar and Other signatories.

- (1) The civil registrar may authorize one or more from among the senior officials of hisstaff to sign in his behalf all papers and documents pertaining to civil registrationwhenever he is absent or unable to perform his duties on account of physical or legalcauses. (2:1a) (2) For this purpose, the Office of the civil Registrar General shall befurnished with a copy of their authorization together with specimen of their handwritingsand signatures properly authenticated by the civil registrar.(2:2a)

Rule 4. Technical Control and Supervision of Civil Regist rars. - The civilRegistrar-General shall have technical control and supervision on civil registrars andofficials mentioned in Rule 3 (1). In the exercise of this technical and supervisoryfunction, the Civil Registrar General shall have the power to declare ultra vires any act

of civil- registrars inconsistent with the prescribed standards, criteria and proceduresmentioned in this implementing rules and regulations and other pertinent laws on civilregistration. (2:3a)

Rule 5. Duties of the Civil Regist rar. -The civil registrar shall take charge of theoffice of the civil registry and shall:

a) file registrable certificates and documents presented to them for entry;

b) compile the same monthly and prepare and send any information required of them bythe civil Registrar-General;

c) issue certified transcripts or copies of any certificate or document registered, uponpayment of the proper fees; d) order the binding, properly classified, of all certificates ordocuments registered during the year;

e) send to the Civil Registrar-General, (through his designated representative) duringthe first ten days of each month, a copy of entries made during the preceding month, forfiling;

f) index the same to facilitate search and identification in case any information isrequired;

g) administer oaths, register purposes; free of charge, for civil (Section 12, Act 3753)h) accept all registrable documents and judicial decrees/orders affecting the civil statusof persons;

i) file, keep and preserve in a secured place the books required by law;

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j) transcribe and enter immediately upon receipt all registrable documents and judicialdecrees affecting the civil status of persons in the appropriate civil registry books;

k) receive applications for the issuance of a marriage license and after determining thatthe requirements and supporting certificates and publication thereof for the prescribed

period have been complied with, shall issue the license upon payment of the authorizedfee to the treasurer;

l) coordinate with the Office of the civil Registrar-General (National Statistics Office) inconducting educational campaigns for vital registration and assist in the preparation ofdemographic and other statistics for the local government unit concerned; (Article 9,section 479, The Local Government Code of 1991);

m) file, keep and preserve civil registry records as per archival system mandated by theLocal Government Code; (Section 374);

n) submit status reports on the condition of civil registry documents filed in the civilregistry office whenever there are changes of the previous status of files;

o) reconstruct destroyed civil registry records upon compliance with the requirementsfollowing the procedures established by the Office of the civil Registrar-General; and

p) make available at all times the civil registry forms in his office. (3a)

Rule 6. Role of Barangay Secretary. -The barangay secretary shall assist thecivil registrar in the registration of births, deaths, and marriages occurring in hisjurisdiction. (Sec. 394 (c) (5), The Local Government Code of 1991) (9: 3a)

Rule 7. Civil Registry Books. - (1) Every civil registrar shall maintain, keep andpreserve in a secured place in his office the following registry books where he shallproperly enter the acts, events, and judicial decrees concerning the civil status ofpersons:

a) Register of Births;b) Register of Foundlings;c) Register of Deaths;d) Register of Marriagese) Register of Court Decrees/Orders;

f) Register of Legal Instruments; andg) Register of Applications for Marriage License (Article 25, Family Code). (4a)

(2) The following shall be recorded in the Register of Court Decrees/Orders:

a) Adoption/Rescission of adoption;b) Annulment of marriage/Declaration of absolute nullity of marriage/Legalseparation/Court order setting aside the decree of legal separation;

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c) Change of name or correction of entry;d) civil interdiction;e) Declaration of presumptive death of the absent spouse/J udicial declaration ofabsence;f) Compulsory recognition of illegitimate child/Voluntary recognition of minor

illegitimate child;g) Appointment of guardian/Termination of guardianship;h) J udicial determination of filiation;i) J udicial determination of the fact of reappearance of absent spouse, ifdisputed;j) Naturalization certificate/Cancellation of naturalization certificate;k) Separation of property/Revival of former property regime; -l) Emancipation of orphaned minor; andm) Other registrable court decrees/orders. (N)

(3) The following shall be recorded in the Register of Legal Instruments:

a) Affidavit of reappearance;b) Acknowledgment;c) Acquisition of citizenship;d) Authorization and ratification of artificial insemination;e) certificate of legal capacity to contract marriage;f) Legitimation;g) Option to elect Philippine citizenship;h) Partition and distribution of properties of spouses and delivery of the children'spresumptive legitimate;i) Marriage settlements and any modification thereof;

j) Repatriation document with oath of allegiance;k) Voluntary emancipation of minor;l) Waiver of rights/interests of absolute community of property; andm) Other registrable legal instruments. (N)

(4) The Office of the Civil Registrar-General shall maintain a Register of SolemnizingOfficers issued with Certificates of Registration of Authority to Solemnize Marriage inaccordance with Article 7 (2) of the Family Code. (N)

(5) The books making up the civil register and all records relating thereto shall beconsidered public documents and shall be prima facie evidence of the facts containedtherein. The registry books shall be kept in a safe place and under no circumstance,shall the books or documents be removed from the office except by order of acompetent court, in which case, proper receipt shall be issued. In this case, a certifiedtrue copy of the document removed shall be made and retained by the issuing office forits reference and file. (62a)

Rule 8. Civil Registration Forms. - (1) Documents presented before the civilregistrar for registration are the following:

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a) Accomplished certificate of Live Birth (Municipal Form No. 102, RevisedJ anuary 1993)

b) Accomplished certificate of Foundling (OCRG Form No. 101, Revised J anuary

1993);

c) Accomplished certificate of Death (Municipal Form No. 103, Revised J anuary1993);

d) Accomplished certificate of Fetal Death (Municipal Form No. 103-A, RevisedJ anuary1993);

e) Accomplished certificate of Marriage (Municipal Form No. 97, Revised J anuary1993);

f) Accomplished Application for Marriage License (Municipal Form No. 90,Revised J anuary 1993); and

g) certified true copy of court decree or legal instrument and such otherregistrable documents concerning the civil status ofpersons. (5a)

(2) Every priest, minister or rabbi authorized by his denomination, church, sect orreligion to solemnize marriage shall file his sworn Application for Registration ofAuthority to Solemnize Marriage using OCRG-S.O. No. 1 to the Office of the civilRegistrar-General. The Office of the civil Registrar-General, upon receiving such

application and being satisfied that the denomination, church, sect, or religion of theapplicant operates in the Philippines, shall record the certificate of Registration ofAuthority to Solemnize Marriage (OCRG-S.O. No.2; Sept. 1, 1988), the name of suchpriest, minister, or rabbi in the Register of Solemnizing Officers and shall issue suchcertificate to the authorized solemnizing officer. (N)

Rule 9. Operative Act of Registration. - (1) The civil registrar shall see to it that:a) appropriate form is used; b) form is properly and completely filled up; c) entries arecorrect; and d) proper attachments are submitted. (N)

(2) In case the entries are found incomplete or incorrect, the civil registrar shall require

the person concerned to fill up the document completely or to correct the entries, as thecase may be. (6:1a)

(3) When the document is accepted for registration, the date of receipt shall be recordedin the space provided or it shall be stamped on the upper right hand margin, indocument where no space is provided, properly signed by the person receiving thesame. (6:1a)

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(4) The documents received for the day shall be entered immediately in the appropriatecivil registry book, assigning therein the corresponding registry number. A documentwhich bears no registry number is presumed not registered. However, when suchdocument bears the date of receipt, name and signature of the civil registrar, it isdeemed registered, in which case the civil registrar or his authorized personnel shall be

liable for damages sustained by any party as a result of the non-registration of thedocument. (6:3a)

Rule 10. Reporting of Vital Events Occurring Abroad. All vital eventsoccurring to Filipinos residing abroad (permanently or temporarily) shall be reported tothe Philippine Foreign Service Establishments of the country of residence or where thevital event took place or where none is located thereat, in the Philippine Foreign ServiceEstablishments of the country nearest the place of residence of the party concerned orwhere the vital event occurred. - (N)

Rule 11. Supplemental Report for Birth, Death and Marriage. - (1) A

supplemental report using the appropriate form (Certificate of Live Birth, certificate ofDeath, certificate of Fetal Death or certificate of Marriage) maybe filed to supplyinformation inadvertently omitted when the document was registered. However, the"Medical certificate" in the Certificate of Death and Certificate of Fetal Death and allapplicable certifications contained in the certificate of Marriage should be accomplishedcorrectly and completely before registration. Hence, no supplemental report havingreference to the mentioned certificates is acceptable. (N)

(2) The supplemental report shall not be used in any manner to change or to correct anyentry which was previously entered in the civil register, or to circumvent the provision ofArticle 412 of the Civil Code of the Philippines which prohibits any change or correction

of an entry in the civil register without judicial order. (11:1a)

(3) The civil registrar shall accept only one supplemental report for not more than twoomitted information in any registered event. In cases where there are more than twoomitted information, all papers related thereto shall be forwarded 'to the Office of theCivil Registrar-General. (N)

(4) The supplemental report may be filed by the parent/guardian or the party concerned,if of age, who shall execute an affidavit indicating the entry/ies missed in the registrationand the reasons why there was a failure in supplying the required entry. (11:2a)

(5) The supplemental report shall be filled up only with respect to province,city/municipality, registry number, and the following items: "Name"; "Informant";"Prepared by"; and "Received at the Office of the civil Registrar" for birth and death and"Name of Contracting Parties" and "Received at the Office of the civil Registrar" formarriage. The omitted information shall be entered in the appropriate space/s (12:1a)

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(6) The certificate used in the preceding paragraph shall be marked "SupplementalReport" and shall be submitted with the certified true copy of the registered document tothe Office of the civil Registrar where the event occurred.(12:2a)

(7) Upon receipt of the application, the civil registrar shall enter in the "Remarks"portionof the corresponding civi1 register "with Supplemental Report" , "Prepared by ", date ofentry and the omittedentry/ies. (12: 3a)

(8) When the interested party requests a copy of the certificate, a certified true copy or acertified transcription using standard form bearing the effects of the supplemental reportshall be issued. The remarks "with Supplemental Report" shall be indicated in the upperright hand corner of the certified true copy or certified transcription to be issued. (N)

Rule 12. Delayed Registration. - A report of vital event made beyond the

reglementary period is considered delayed. (N)

Rule 13. Posting of the Pending Application. - (1) A notice to the public onthe pending application for delayed registration shall be posted in the bulletin board ofthe city/municipality for a period of not less than ten (10) days. (47a)

(2) If after ten (10) days, no one opposes the registration, the civil registrar shallevaluate the veracity of the statements made in the required documents submitted.(48:1a)

(3) If after proper evaluation of all documents presented and investigation of the

allegations contained therein, the civil registrar is convinced that the event reallyoccurred within the jurisdiction of the civil registry office, and finding out that said eventwas not registered, he shall register the delayed report thereof. (48:2a)

(4) The Civil Registrar, in all cases of delayed registration of birth, death and marriage,shall conduct an investigation whenever an opposition is filed against its registration bytaking the testimonies of the parties concerned and witnesses in the form of questionsand answers. After investigation, the civil registrar shall forward his findings andrecommendations to the Office of the Civil Registrar-General for appropriate action.(57:1a)

(5) The Civil Registrar-General may, after review and proper evaluation, deny orauthorize the registration. (57:2a)

Rule 14. Recording of Delayed Registration. - In every case of delayedregistration of birth, death, marriage and other registrable documents, the entry in thecivil registry book and the registry number transcribed on the certificate of vital eventshall be in red ink. The remarks "Delayed Registration" shall be written on the upperright hand margin of the certificate and the "Remarks" portion of the registry book. (56a)

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Rule 15. Duty to File a Complaint wi th the Prosecutor 's Office. - In everycase of delayed registration, the civil registrar shall file a complaint with the cityprovincial prosecutor's office for appropriate action under section 17 of Act No. 3753.The action filed in court by the prosecutor against the party for failure to register shall

not suspend or stop the registration, neither should it be a ground for refusal by the civilregistrar to register the delayed report of birth, death or marriage or any registrabledocument. (55a)

Rule 16. Reconstruction of Burned or Destroyed Civil RegistryRecords. - (1) To reconstruct burned or destroyed records, the Office of the civilRegistrar may request certified true copies from the Office of the civil Registrar Generalstating the year and type of documents for reconstruction. The Office of the CivilRegistrar-General shall advise the civil registrar as to the availability of the records andcost, and the required Requisition Issue Voucher with certification on the availability offunds duly approved by the mayor. In case some records are not available at the Office

of the civil Registrar-General, the civil registrar shall conduct an information campaignaimed at making the public submit their individual copies of civil registry records asbasis for reconstruction. (N)

(2) For records not available at the Office of the Civil Registrar and Office of the CivilRegistrar-General, the civil registrar shall require the interested party to submit to theOffice of the civil Registrar, a copy of the document previously registered or anauthentic copy thereof issued by the civil registrar or by the Office of the civil Registrar-General. The civil registrar shall then examine the document with respect to thesignature of the issuing officer appearing in the document and if found to be true andgenuine, it shall be sufficient evidence for the registration of the document. The same

shall be accepted for recording in the appropriate civil registry book without additionalrequirements. (63:1a)

(3) In case the party could not present a copy of the document that was previouslyregistered nor an authentic copy thereof or even if these are presented but thegenuineness or authenticity of the signature of the civil registrar or the issuing officercannot be established, the pertinent procedures for late registration shall apply. (63:2)

Rule 17. Fees. - (1) No fee shall be collected for the registration of birth, foundling,death and marriage. (60:1a)

(2) For the registration of legal instruments, court decrees or orders, and the issuance ofcertified copies or certifications of civil registry records, fees may be collected inaccordance with the existing laws. In every case, an official receipt shall be issued.(60:2)

(3) All expenses in connection with the operation and maintenance of the civil registryoffice shall be paid out of the city or municipal funds. (61)

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Title Two REGISTRATION OF LIVE BIRTH

Rule 18. Live Birth. - (1) Live birth is the complete expulsion or extraction of aproduct of conception from its mother, irrespective of the duration of pregnancy, which

after such separation, breathes or shows any other evidence of life, such as beating ofthe heart, pulsation of the umbilical cord, or definite movement of voluntary muscles,whether or not the umbilical cord has been cut off or the placenta is still attached; eachproduct of such birth is considered alive. (N)

(2) A fetus with an intra-uterine life of seven (7) months or more and born alive at thetime it was completely delivered from the maternal womb but died later shall beconsidered as live birth and shall be registered in the Register of Births. (22:2a)

(3) However, if the fetus had an intra-uterine life of less than seven (7) months, it is notdeemed born if it dies within twenty-four (24) hours after its complete delivery from the

maternal womb (Article 41, R.A. 386). For statistical purposes, certificate of Live Birthshall be prepared in duplicate, a copy of which shall be forwarded to the Office of theCivil Registrar-General and the other for the civil registrar's file. (22:3a)

Rule 19. Reglementary Period and Place of Registration. - (1) The birth ofa child shall be registered within thirty (30) days from the time of birth in the Office of theCivil Registrar of the city municipality where the birth occurred, except in the followingcases:

a) when a child is born aboard a vehicle, vessel or airplane while in transit withinthe Philippine territory and the exact place of birth cannot be ascertained, the

birth shall be recorded in the civil register of the mother's destination or the city ormunicipality where the mother habitually resides;

b) when the child is born aboard a vessel or airplane en route to the Philippinesand the exact place of birth cannot be ascertained, the birth shall be recorded inthe civil register of the city or municipality where the mother habitually resides ifshe is a resident of the Philippines, and if either the father or mother or bothparents are citizens of the Philippines. If the parents of the child are bothforeigners but residents of the Philippines, the birth shall be recorded in the cityor municipality where the mother habitually resides in the Philippines. If theparents are both foreigners but not residents of the Philippines, the birth may be

recorded in the civil register of Manila, if they so desire; and

c) when the child, whose mother or father or both parents are citizens of thePhilippines, is born aboard a vessel or airplane en route to another country fromthe Philippines, or from any country, the birth shall be recorded in the PhilippineForeign Service Establishment of the country of the mother's destination. 8:2a)

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(2) In any case under this Rule, the place of birth shall be entered in the civil register asfollows:

a) if birth occurred aboard a vehicle, indicate in the civil register as the place ofbirth the name of the vehicle, route, plate number and other necessary

description of the vehicle;

b) if birth occurred aboard a vessel, indicate in the ,civil register as the place ofbirth the name of the vessel, route, voyage number, registry number and othernecessary description of the vessel; and

c) if birth occurred aboard an airplane, indicate in the civil register as the place ofbirth, the name of the airplane, route, flight number and other necessarydescription of the airplane. (N)

Rule 20. Out-of-town Reporting of Birth. - (1) Out-of town reporting of birth

occurs when the Certificate of Live Birth is presented to the civil registrar of a city ormunicipality which is not the place of birth, not for registration but to be forwarded to thecivil registrar of the city or municipality where the birth occurred and where it should beregistered. (N)

(2) The duty of accepting certificate of Live Birth for out-of-town reporting by theconcerned civil registrar may also be performed by the civil Registrar-General or by hisauthorized representatives who are the Regional Administrators and ProvincialStatistical Officers of the National Statistics Office.

(3) For the purpose of out-of-town reporting of birth, the following requirements shall be

complied with by the concerned party:

a) the party who is applying for out-of-town reporting of birth shall execute anaffidavit declaring therein, among other things, the facts of birth and the reasonswhy said birth was not recorded in the civil register of the city or municipalitywhere it occurred. The affidavit which must be attested by at least two (2)witnesses, shall serve as an application for registration and shall be submitted tothe civil registrar together with four (4) copies of the Certificate of Live Birth;

b) if the application is for delayed registration of birth, the requirements under therules governing delayed registration of birth shall also be complied with;

c) the civil registrar or the authorized representative of the National StatisticsOffice to whom the application for out-of town reporting is presented may requirefrom the applicant such other supporting papers as may be considerednecessary in establishing the facts of birth especially those pertaining to the dateand place of birth and filiation of the child whose birth is being sought forregistration;

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d) the Certificate of Live Birth, for the purpose of this Rule, shall have marginalannotation' in the form of the following remark: "Registered pursuant to Rule 20of Administrative Order No.1, S. 1993"; and

e) the civil registrar of the city or municipality where the out-of-town reporting is

sought, upon receipt of the certificate of Live Birth and pertinent papers, shallproceed with the registration. He shall indicate the date when he received thedocument, and shall sign over his printed name in the appropriate space in thecertificate of Live Birth. When the certificate of Live Birth has been duly recordedand assigned a registry number, the civil registrar shall send back the originalcopy to the civil registrar or the authorized representative of the NationalStatistics Office who forwarded the certificate of Live Birth, who in turn shall givethe copy bearing the registry number to the registrant. (N)

Rule 21. Persons Responsible to Report the Event. - (1) When the birthoccurred in a hospital or clinic or in a similar institution, the administrator thereof shall

be responsible in causing the registration of such birth. However, it shall be theattendant at birth who shall certify the facts of birth. (9:1a)

(2) When the birth did not occur in a hospital or clinic or in a similar institution, thephysician, nurse, midwife, "hi lot", or anybody who attended to the delivery of the childshall be responsible both in certifying the facts of birth and causing the registration ofsuch birth. (9:2a)

(3) In default of the hospital/clinic administrator or attendant at birth, either or bothparents of the child shall cause the registration of the birth. (9:1a)

(4) When the birth occurs aboard a vehicle, vessel or airplane while in transit,registration of said birth shall be a joint responsibility of the driver, captain or pilot andthe parents, as the case may be. (N)

Rule 22. Number of Copies to be Accomplished for Distribution. - Itshall be the duty of the person concerned to accomplish and send four (4) copies of theCertificate of Live Birth to the civil registrar for registration. After the registration, the civilregistrar shall distribute copies of the document bearing the civil registry number withinfive (5) days from receipt thereof as follows: first copy to the registrant; second copy tothe Office of the civil Registrar General; third copy shall be retained for his file; andfourth copy to the attendant at birth. (N)

Rule 23. Birth Registration of Illegitimate children. (1) Children conceivedor born during the marriage of the parents are legitimate. Children conceived and bornoutside a valid marriage unless otherwise provided in the Family Code are illegitimate.(10:1a)

(2) An illegitimate child born before 3 August 1988 and acknowledged by both parentsshall principally use the surname of the father. If recognized by only one of the parents,

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the illegitimate child shall carry the surname of the acknowledging parent. If no parentacknowledged the child, he shall carry the surname of the mother. (10:2a)

(3) The names of the acknowledging parent is shall be indicated in the certificate of LiveBirth. (10:2a)

(4) An illegitimate child born on or after 3 August 1988 shall bear the surname of themother. (N)

Rule 24. Non-Disclosure of Birth Records. - (1) The records of a person'sbirth shall be kept strictly confidential and no information relating thereto shall be issuedexcept on the request of any of the following:

a) the concerned person himself, or any person authorized by him;

b) his spouse, his parent or parents, his direct descendants, or guardian or

institution legally in-charge of him, if he is a minor;

c) the court or proper public official whenever absolutely necessary inadministrative, judicial or other official proceedings to determine the identity ofthe child's parents or other circumstances surrounding his birth; and

d) in case of the person's death, the nearest of kin. (N)

(2) Any person violating the prohibition shall suffer the penalty of imprisonment of atleast two months or a fine in an amount not exceeding five hundred pesos, or both inthe discretion of the court. (Article 7, P.D. 603) (N)

Rule 25. Delayed Registration of Birth.(1)The requirements are:

a) if the person is less than eighteen (18) years old, the following shall berequired:

i) four (4) copies of the certificate of Live Birth duly accomplished andsigned by the proper parties;

ii) accomplished Affidavit for Delayed Registration at the back of thecertificate of Live Birth by the father, mother or guardian, declaring therein,

among other things, the following:

> name of child;> date and place of birth;> name of the father if the child is illegitimate and has beenacknowledged by him;> if legitimate, the date and place of marriage of parents; and

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> reason for not registering the birth within thirty (30) days after thedate of birth.

In case the party seeking late registration of the birth of an illegitimatechild is not the mother, the party shall, in addition to the foregoing facts, declare

in a sworn statement the present whereabouts of the mother.

iii) any two of the following documentary evidences which may show thename of the child, date and place of birth, and name of mother (and nameof father, if the child has been acknowledged)

> baptismal certificate;> school records (nursery, kindergarten, or preparatory);> income tax return of parents;> insurance policy;> medical records; and

> others, such as barangay captains certification.

iv) affidavit of two disinterested persons who might have witnessed orknown the birth of the child. (46:1aa)

b) If the person is eighteen (18) years old or above, he shall apply for lateregistration of his birth and the requirements shall be:

i) all the requirements for a child who is less than eighteen (18) years old;and

ii) Certificate of Marriage (46:1ba) if married.

(2) Delayed registration of birth, like ordinary registration made at the time of birth, shallbe filed at the Office of the Civil Registrar of the place where the birth occurred. (46:3)

(3) Upon receipt of the application for delayed registration of birth, the civil registrar shallexamine the completely and correctly filled up and all requirements complied with. (47a)

(4) In the delayed registration of the birth of an alien, travel documents showing theorigin and nationality of the parents shall be presented in addition to the requirementsmentioned in Rule 25 (1). (49:2a)

Title Three - REGISTRATION OF FOUNDLING

Rule 26. Foundl ing. - Foundling is a deserted or abandoned infant or a child found,with parents, guardian, or relatives being unknown, or a child committed in anorphanage or charitable or similar institution with unknown facts of birth and parentage.(13:1a)

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Rule 27. Reglementary Period and Place of Registration.(1) Registrationof the foundling in the Office of the civil Registrar of the city/municipality where the childwas found shall be made by the finder/charitable institution within thirty (30) days fromthe date of finding/commitment of the child. (13:1a)

(2) Any report made after the 30-day period shall be considered late, and the concernedparty shall be required to state in a sworn statement the circumstances that caused thelate reporting to the civil registrar. (N)

Rule 28. Persons Responsible to Report the Event. (1) Immediately afterfinding a foundling, the finder shall report the case to the barangay captain of the placewhere the foundling was found, or to the police headquarters, whichever is nearer orconvenient to the finder. When the report is duly noted either by the barangay captain orby the police authority, the finder shall commit the child to the care of the Department ofSocial Welfare and Development or to a duly licensed orphanage or charitable or similar

institution. Upon commitment, the finder shall give to the charitable institution his copyof the Certificate of Foundling, if he had registered the foundling. (N)

(2) In case the finder is awarded the custody of the foundling by the proper authority, heshall give a name for the child and shall report the same to the civil registrar of the cityor municipality where the child was found. Otherwise, the giving of name to the childand its registration as foundling shall be the responsibility of the Department of socialWelfare and Development or of the orphanage or charitable or similar institution wherethe child was committed. (13:2a)

Rule 29. Requirements for Registration of Foundling. No foundling shall be

recorded in the civil register unless the following requirements are complied with:

a) certificate of Foundling (OCRG Form No. 101, Revised J anuary 1993)accomplished correctly and completely;

b) Affidavit of the finder stating the facts and circumstances surrounding thefinding of the child, and the fact that the foundling has been reported to thebarangay captain or to the police authority, as the case may be; and

c) Certification of the barangay captain or police authority regarding the reportmade by I the finder, stating among other things, that no one has claimed the

child or no one has reported a missing child whose description may be the sameas the foundling as of the date of the certification. (N)

Rule 30. Number of Copies to be Accomplished for Distribution. - Itshall be the duty of the person concerned to accomplish and send three (3) copies ofthe certificate of Foundling to the civil registrar for registration. After registration, the civilregistrar shall distribute copies of the certificate bearing the civil registry number within

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five (5) days from receipt thereof as follows: first copy to the registrant; second copy tothe Office of the Civil Registrar General; and third copy shall be retained for his file. (N)

Title Four - REGISTRATION OF DEATH

Rule 31. Death. - (1) Death is a permanent disappearance of all evidence of life atany time after live birth has taken place (postnatal cessation of vital functions withoutcapability of resuscitation). (U.N. Statistical Commission) (N).

(2) A fetus with an intra-uterine life of seven (7) months or more and born alive at thetime it was completely delivered from the maternal womb but died later shall beconsidered as death and shall be registered in the Register of Deaths. (22:2a)

(3) However, a fetus with an intra-uterine life of less than seven (7) months is not

deemed born if it dies within twenty-four (24) hours after its complete delivery from themother's womb. For statistical purposes, a certificate of Death shall be prepared induplicate and a copy of each shall be forwarded to the Office of the Civil Registrar andthe Office of the Civil Registrar-General. (22:3a)

Rule 32. Reglementary Period and Place of Registration. - (1) Registrationshall be made in the Office of the civil Registrar of the city/municipality where it occurredwithin thirty (30) days from the time of death. (Sec. 5, P.D. 651) (14:2a)

(2) The death of a person in a vehicle, airplane or vessel while in, transit within thejurisdiction of the Philippines and where the exact place of death cannot be determined,

the Certificate of Death shall be issued by the health officer of the place ofburial/cremation and shall be registered in the Office of the civil Registrar of the saidcity/municipality. If the place of burial/cremation is outside the Philippines, the deathshall be registered in the Office of the civil Registrar of Manila. (18:1a)

(3) When a citizen of the Philippines dies aboard a vessel or airplane en route to thePhilippines and the exact place of death cannot be ascertained, the death shall beregistered in the Office of the civil Registrar of the city or municipality where. the personhabitually resides before his death, if he was a resident of the Philippines. Otherwise,the death shall be registered in the civil Registrar of Manila. If the deceased is aforeigner and a resident of the Philippines, the death shall be registered in the Office of

the civil Registrar where the deceased habitually resides. If the deceased is a foreignerand not a resident, his death shall be registered in the Office of the civil Registrar ofManila. (N)

(4) When a citizen of the Philippines dies aboard a vessel or airplane? en route to othercountry from the Philippines, or from any other country, and the exact place of deathcannot be ascertained, the death shall be reported in the Philippine Foreign ServiceEstablishments of the country of destination of the deceased. (N)

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(5) The death of a person in a vehicular accident, airplane crash or shipwreck within thejurisdiction of the Philippines and the site of the accident or the place where the victimwas found cannot be determined, the certificate of Death shall be issued by the healthofficer of the place of burial and shall be registered in the Office of the civil Registrar of

the said city/municipality. (18:2a)

(6) The death of a person aboard a vessel in the high seas shall be registered in theOffice of the civil Registrar of the place of burial upon presentation of a certificate ofDeath issued by the health officer of the said place, or by the ship doctor, if any;otherwise, the ship captain shall issue and cause the registration of the death certificate.(19:1a),

(7) If the person was buried or drowned. in the high seas, or for any other reason, thebody was not recovered, registration shall be made in the civil registry office of the placeof last known address of the deceased in the Philippines, or if not resident of the

Philippines, registration shall be made in the civil registry office of Manila. The shipdoctor or captain or the health officer, in the exercise of his wise discretion, may issueand cause the registration of the death certificate. In such case, the followingrequirements shall be complied with:

i. Affidavit of the surviving spouse, parent, guardian or next of kin in the ordermentioned stating, among other things, the circumstances surrounding the deathand

ii. The health officer shall make the annotation Body Not Recovered in theremarks/ annotation box of the death certificate.(19:2a)

Rule 33. Persons Responsible to Report the Event. -

(1) It shall be the responsibility of the physician who last attended the deceased or theadministrator of the hospital or clinic where the person died to prepare the proper deathcertificate and certify as to the cause of death. The death certificate shall then beforwarded within forty-eight (48) hours after death, to the health officer who shallexamine the certificate of Death and then affix his signature in the appropriate box andshall order its registration in the Office of the civil Registrar. (15a)

(2) It shall be the responsibility of the nearest relative or person who has knowledge of

the death to report the same within forty-eight (48) hours if the deceased died withoutmedical attendance. The health officer shall examine the deceased and shall certify asto the cause of death and direct the registration of the death certificate to the Office ofthe Civil Registrar within the reglementary period of thirty (30) days. (16a)

(3) Where death occurs in a vehicle/vessel/airplane, the driver/ship captain/pilot, as thecase maybe, shall report such death to the concerned health officer. In accidents where

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there are no survivors, it is the responsibility of the owner of the vehicle/vessel/airplaneto make the report of death. (N)

(4) In the absence of a health officer or his authorized representative in the place ofregistration, or when it is a non-working day and the health officer or his authorized

representative is not expected to be in his office, the death should be reported withinforty-eight (48) hours after its occurrence by the nearest kin of the deceased or by anyperson having knowledge of the death to the mayor, or to any member of theSangguniang Bayan, or to the municipal secretary, who shall issue the Certificate ofDeath for burial Purposes. (20:1a)

(5) The mayor, any member of the Sangguniang Bayan or the municipal secretary, asthe case may be, shall sign the medical certification portion of the Certificate of Death,and the same shall be accepted for registration by the civil registrar concerned,provided that the certificate of Death and the Register of Deaths shall carry a remarkthat registration was made pursuant to Section 91 of P.D. No. 856. (20:2a)

Rule 34. Number of Copies to be Accomplished for Distribution. - Itshall be the duty of the person concerned to accomplish and send four (4) copies of thecertificate of Death to the civil registrar for registration. After registration, the civilregistrar shall distribute copies of the document bearing the civil registry number withinfive (5) days from receipt thereof as follows: first copy to the registrant; second copy tothe Office of the civil Registrar General; third copy shall be retained for filing; and fourthcopy to the attendant at death. (N)

Rule 35. Out-of-Town Reporting of Death. - (1) When registration is notpossible in the place of death and the Certificate of Death was presented to the civil

registrar of the city or municipality other than the place of death, it shall be accepted bythe civil registrar not for registration but to be forwarded to the civil registrar of the city ormunicipality, where the death occurred, for registration. (21a)

(2) The duty of accepting certificate of Death for out-of-town reporting by the concernedcivil registrar may also be performed by the civil Registrar-General or by his authorizedrepresentatives who are the Regional Administrators and Provincial Statistical Officersof the, National Statistics Office.

(3) The following procedures and requirements shall be observed and complied with bythe concerned parties:

a) the party who is applying for registration of death shall execute an affidavitdeclaring therein, among other things, the name of the deceased, the facts ofdeath and the reasons why said death was not recorded in the civil register of thecity or municipality where it occurred. The affidavit which must be attested to byat least two (2) witnesses, shall serve as an application for registration and shallbe submitted to the health officer of the place where the death certificate waspresented;

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b) if the application is for delayed registration of death, the requirements underthe rules governing the delayed registration of death shall also be complied with;

c) if there was no Certificate of Death issued for the deceased from the place of

death, the health officer of the receiving civil registry office shall cause and directthe registration of the death by issuing the certificate of Death, if the deceased isa civilian. If the deceased is a member of the Armed Forces of the Philippinesand the cause of death is related to military operations, the certificate of Deathshall be issued by the military physician;

d) the receiving civil registrar or the authorized representative of the Nationalstatistics Office, after having been convinced that the certificate of Death wascorrectly and completely accomplished and the registration of death wasapproved by the health officer, shall forward the same to the civil registrar of theplace of death for registration. The civil registrar of the place of death shall

indicate the date when the document was received by him, and shall sign hisname in the appropriate space in the certificate of Death;

e) after recording the death in the civil register and assigning registry number inthe certificate of Death, the civil registrar of the place of death shall send onecopy to the other civil registrar for transmission to the registrant; and

f) the certificate of Death, for the purpose of this 'Rule, shall have marginalannotation in the form of the following remark: "Registered pursuant to Rule 35 of

Administrative Order No.1. S. 1993". (N)

Rule 36. Mass Death. - Mass death occurs when several persons die due to naturalcalamities, accidents, epidemics etc. Where the deceased cannot be identified, thehealth officer, upon submission of an affidavit by two disinterested persons, in theexercise of his wise discretion, may issue and cause the registration of the deathcertificate bearing the annotation "Body Not Identified".The affidavit referred to in theaforementioned statement shall contain the following information:

a) sex of the deceased;b) estimated age;c) distinguishing features;d) condition of the body when found;

e) date when the body was found;f) place where the body was found; andg) circumstances surrounding the death. (N)

Rule 37. Death Under Medico-Legal Examination.- (1) A case of death forinvestigation by the National Bureau of Investigation or other investigative agency of thegovernment where the body of the deceased is subject to autopsy or examination bymedico-legal officers is a case for medico-legal. (N)

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(2) When the death under medico-legal investigation has not been registered in theplace of death, the head of the National Bureau of Investigation or of other investigativeagency or his authorized representative shall cause the registration of such deaththrough the health officer of the city or municipality where the death occurred. The

medico-legal officer shall accomplish and sign the medical certification of the certificateof Death. (N)

Rule 38. Fetal Death. - (1) Fetal death is the death prior to the complete expulsionof a product of conception, irrespective of the period of pregnancy. The death isindicated by the fact that after such separation, the fetus does not breathe nor show anyother evidence of life, such as the beating of the heart, pulsation of the umbilical cord ordefinite movement of voluntary muscles. (22:1a)

(2) The registration of fetal death shall follow the procedure in the registration of death.(N)

Rule 39. Delayed Registration of Death. - No delayed report of death shall beaccepted for registration unless the following procedures and requirements areobserved and complied with by the concerned parties:

a) four (4) copies of Certificate of Death which must be accomplished correctlyand completely;

b) affidavit for delayed registration which shall be executed by the hospital/clinicadministrator if the person died in the hospital, clinic or similar institution, or if theperson died elsewhere, by the attendant at death. In default of the hospital/clinic

administrator or attendant at death, the affidavit shall be executed by any of thenearest relative of the deceased, or by any person having legal charge of thedeceased when he was still alive;

c) the affidavit referred to in (b) shall state among other things, the name of thedeceased, the facts of his death, the date and place of burial or cremation, andthe circumstances why the death was not reported for registration within thirty(30) days after death;

d) authenticated copy of the certificate of burial, cremation or of other means ofcorpse disposal; and

e) approval for registration by the health officer in the box provided in thecertificate of Death. (50a)

Title Five - REGISTRATION OF MARRIAGE

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Rule 40. Marriage. - Marriage is a special contract of permanent union between aman and a woman entered into in accordance with law for the establishment of conjugaland family life. It is the foundation of the family and an inviolable social institution whosenature, consequences, and incidents are governed by law and not subject to stipulation,except that marriage settlements may fix the property relations during the marriage

within the limits provided by this Code. (Article 1, Family Code of the Philippines) (N)

Rule 41. Reglementary Period and Place of Registration. - In ordinarymarriage, the time for submission of the certificate of Marriage is within fifteen (15) daysfollowing the solemnization of marriage while in marriage exempt from licenserequirement, the prescribed period is thirty (30) days, at the place where the marriagewas solemnized. (26:2a)

Rule 42. Person Responsible to Report the Event.The solemnizing officerhas the duty to report the marriage to the Office of the civil Registrar where the marriagewas solemnized. (N)

Rule 43. Number of copies to be Accomplished for Distribution . - It shallbe the duty of the person concerned to accomplish and send four (4) copies of thecertificate of Marriage to the civil registrar for registration. After the registration, the civilregistrar shall distribute copies of the document bearing the civil registry number withinfive (5) days from receipt thereof as "follows: first copy to the contracting parties; secondcopy to the Office of the civil Registrar-General; third copy shall be retained for filing;and fourth copy to the solemnizing officer. (26:1a)

Rule 44. Marriage in Transit within Philippine Territory. - A marriagesolemnized while in transit within Philippine territory is registrable at the place ofdestination or usual residence of either party. (N)

Rule 45. Marriages Exempt from the License Requirement. - (1) Inmarriages exempt from license requirement, the solemnizing officer in accordance withChapter 2 of the Family Code, shall indicate in the space provided in the Certificate ofMarriage any of the following particular provisions of the Family Code under which suchmarriage was performed. The civil registrar shall enter the same in the remarks columnof the marriage register:

a)Article 27 - in case either or both of the contracting parties are at the point ofdeath, the marriage may be solemnized without requiring a marriage licenseeven if the ailing party subsequently survives;

b)Article 28 - if the residence of either party is so located that there is no meansof transportation to enable such party to appear personally before the civilregistrar, the marriage may be solemnized without the marriage license;

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c) Article 33 - marriages among Muslims or among members of the ethniccultural communities may be performed validly without the marriage license,provided that they are solemnized in accordance with their customs, rites, orpractices; or

d)Article 34 - the marriage license is not necessary for the marriage of a manand a woman who have lived together as husband and wife for at least five yearsand without any legal impediment to marry each other. (27a)

(2) In the cases mentioned in the two preceding articles (Rule 45(1), a and b), thesolemnizing officer shall state in an affidavit executed before the local civil registrar(now civil registrar) or any other person legally authorized to administer oaths that themarriage was performed in articulo mortis or that the residence of either party,specifying the barrio or barangay, is so located that there is no means of transportationto enable such party to appear personally before the civil registrarand that the officertook the necessary steps to ascertain the ages and relationship of the contracting

parties and the absence of a legal impediment of the marriage. (Article 29, FamilyCode)

(3) In the case mentioned in (d), the contracting parties shall state the fact that theyhave lived togetheras husband and wife forat least five years and without any legalimpediment to marry each other.The solemnizing officer shall also state under oath thathe ascertained the qualifications of the contracting parties and found no legalimpediment to the marriage. (N)

(4) Legal forms for the affidavits mentioned may be found in the Certificate of Marriage.If affidavits are executed as a separate instrument four (4) copies shall be executed and

shall be sent to the civil registrar together with the four (4) copies of marriage certificate.(N)

Rule 46. Delayed Registration of Marriage. - (1) In delayed registration ofmarriage, the solemnizing officer or the person reporting or presenting the marriagecertificate for registration shall be required to execute and file an affidavit in supportthereof, stating the exact place and date of marriage, the facts and circumstancessurrounding the marriage and the reason or cause of the delay. (53:1a)

(2) The submission of the application for marriage license bearing the date when themarriage license was issued except for marriage exempt from marriage licenses shall

be required. (N)

(3) Where the original or duplicate copy of the certificate of Marriage could not bepresented either because it was burned, lost or destroyed, a certification issued in lieuthereof, by the church or solemnizing officer indicating date of said marriage based ontheir record or log book shall be sufficient proof of marriage and the civil registrar mayaccept the same for registration. (54:1a)

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(4) In case of doubt, the civil registrar may verify the authenticity of. the marriagecertification by checking from the church record/log book and the solemnizing officerwho performed the marriage and the church official who issued the certification. (54:2a)

Title Six - REGISTRATION OF APPLICATION FOR MARRIAGELICENSE

Rule 47. Reglementary Period and Place of Registration. - (1) Where amarriage license is required, each of the contracting parties shall file separately a swornapplication for such license with the proper local civil registrar (now civil registrar) whichshall specify the following:

a) Full name of the contracting party;b) Place of birth;c) Age and date of birth;d) civil status;e) If previously married, how, when and where the previous marriage wasdissolved or annulled;f) Present residence and citizenship;g) Degree of relationship of the contracting parties;h) Full name, residence and citizenship of the father;i) Full name, residence and citizenship of the mother; andj) Full name, residence and citizenship of the guardian or person having charge,in case the contracting party has neither father nor mother and is under the ageof twenty-one years. (Article 11, Family Code) (N)

(2) The local civil registrar concerned shall enter all applications for marriage licensesfiled with him in a registry book strictly in the order in which the same are received. Heshall record in said book the names of the applicants, the date on which the marriagelicense was issued, and such other data as may be necessary. (Article 25, FamilyCode) (N)

Rule 48. Requisites of Application for Marriage License. - (1) The localcivil registrar, upon receiving such application, shall require the presentation of theoriginal birth certificates or, in default thereof, the baptismal certificates of thecontracting parties or copies of such documents duly attested by the persons havingcustody of the originals. These certificates or certified copies of the documents requiredby this Article (now Rule) need to be sworn to and shall be exempt from thedocumentary stamp tax. The signature and official title of the person issuing thecertificate shall be sufficient proof of its authenticity. (Article 12 paragraph 1, FamilyCode) (N) If either of the contracting parties is unable to produce his birth or baptismalcertificate or a certified copy of either because of the destruction or loss of the original,or if it is shown by an affidavit of such party or of any other person that such birth orbaptismal certificate has not yet been received though the same has been required of

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the person having custody thereof at least fifteen days prior to the date of theapplication, such party may furnish in lieu thereof his current residence certificate or aninstrument drawn up and sworn to before the local civil registrar concerned or any publicofficial authorized to administer oaths. Such instrument shall contain the sworndeclaration of two witnesses of lawful age, setting forth the full name, residence and

citizenship of such contracting party and of his or her parents, if known, and the placeand date of birth of such party. The nearest of kin of the contracting .parties shall bepreferred as witnesses, or, in their default, persons of good reputation in the province orthe locality. (Article 12 paragraph 2, Family Code) (N) The presentation of the birth orbaptismal certificate shall not be required if the parents of the contracting parties appearpersonally before the local civil registrar concerned and swear to the correctness of thelawful age of said parties, as stated in the application, or when the local civil registrarshall, by merely looking at the applicants upon their personally appearing before him, beconvinced that either or both of them have the required age. (Article 12 paragraph 3,Family Code) (N)

(2) In case either of the contracting parties has been previously married, the applicantshall be required to furnish, instead of the birth or baptismal certificate required in thelast preceding Article (now paragraph), the death certificate of the deceased spouse orthe judicial decree of the absolute divorce, or the judicial decree of annulment ordeclaration of nullity of his or her previous marriage, its case the death certificate cannotbe secured, the party shall make an affidavit setting forth this circumstance and his orher actual civil status and the name and date of death of the deceased spouse. (Article13, Family Code) (N)

(3) In case either or both of the contracting parties, not having been emancipated by aprevious marriage, are between the ages of eighteen and twenty-one, they shall, in

addition to the requirements of the preceding Articles, exhibit to the local civil registrar,the consent to their marriage of their father, mother, surviving parent or guardian, orpersons having legal charge of them, in the order mentioned. Such consent shall bemanifested in writing by the interested party, who personally appears before the properlocal civil registrar, or in the form of an affidavit made in the presence of two witnessesand attested before any official authorized by law to administer oaths. The personalmanifestation shall be recorded in both applications for marriage license, and theaffidavit, if one is executed instead, shall be attached to said applications. (Article 14,Family Code) (N)

(4) Any contracting party between the age of twenty one and twenty-five shall beobliged to ask their parents or guardian for advice upon the intended marriage. If theydo not obtain such advice, or if it be unfavorable, the marriage license shall not beissued till after three months following the completion of the publication of theapplication thereof. A sworn statement by the contracting parties to the effect that suchadvice has been sought, together with the written advice given, if any, shall be attachedto the application for marriage license. Should the parents or guardian refuse to giveany advice, this fact shall be stated in the sworn statement. (Article 15, Family Code)(N)

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(5) In the cases where parental consent or parental advice is needed, the party orparties concerned shall, in addition to the requirements of the preceding Articles, attacha certificate issued by a priest, imam or minister authorized to solemnize marriageunder Article 7 of this Code or a marriage counselor duly accredited by the proper

government agency to the effect that the contracting parties have undergone marriagecounseling. Failure to attach said certificate of marriage counseling shall suspend theissuance of the marriage license for a period of three months from the completion of thepublication of the application. Issuance of the marriage license within the prohibitedperiod shall subject the issuing officer to administrative sanctions -but shall not affectthe validity of the marriage. (Article 16 paragraph 1, Family Code) (N) Should only oneof the contracting parties need parental consent or parental advice, the other party mustbe present at the counseling referred to in the preceding paragraph. (Article 16paragraph 2, Family Code) (N)

(6) The local civil registrar shall prepare a notice which shall contain the full names and

residences of the applicants for a marriage license and other data given in theapplications. The notice shall be posted for ten consecutive days on a bulletin boardoutside the office of the civil registrar located in a conspicuous place within the buildingand accessible to the general public. This notice shall request all persons havingknowledge of any impediment to the marriage to advise the civil registrar thereof. Themarriage license shall be issued after the completion of the period of publication. (Article17, Family Code) (N)

(7) In case of any impediment known to the local civil registrar or brought to hisattention, he shall note down the particulars thereof and his findings thereon in theapplication for a marriage license, but shall nonetheless issue said license after the

completion of the period of publication, unless ordered otherwise by a competent courtat his own instance or that of any interested party. No filing fee shall be charged for thepetition nor a bond required for the issuance of the order. (Article 18, Family Code) (N)

(8) When either or both of the contracting parties are citizens of a foreign country, itshall be necessary for them before a marriage license can be obtained, to submit acertificate of legal capacity to contract marriage, issued by their respective diplomatic orconsular officials. (Article 21 paragraph 1, Family Code) (N) stateless persons orrefugees from other countries shall, in lieu of the certificate of legal capacity hereinrequired, submit an affidavit stating the circumstances showing such capacity tocontract marriage. (Article 21 paragraph 2, Family Code) (N)

(9) The local civil registrar shall require the payment of the fees prescribed by law orregulations before the issuance of the marriage license. No other sum shall be collectedin the nature of a fee or tax of any kind for the issuance of said license. It shall,however, be issued free of charge to indigent parties, that is, those who have no visiblemeans of income or whose income is insufficient for their subsistence, a factestablished by their affidavit or by their oath before the local civil registrar. (Article 19,Family Code) (N)

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(10) The license shall be valid in any part of the Philippines for a period of one hundredtwenty days from the date of issue, and shall be deemed automatically canceled at theexpiration of said period if the contracting parties have not made use of it. The expirydate shall be stamped in bold characters on the face of every license issued. (Article 20,

Family Code) (N)

Rule 49. Number of copies to be Accomplished for Distribution. - It shallbe the duty of the contracting parties to accomplish four (4) copies of the Application forMarriage License for registration. After the registration, the civil registrar shall distributecopies of the document bearing the civil registry number as follows: first copy to theregistrant; second copy to the Office of the civil Registrar-General; third copy shall beretained for his file; and fourth copy to the solemnizing officer. (N)

Title Seven - REGISTRATION OF COURT DECREE/ORDER

Rule 50. Reglementary Period and Place of Registration.- (1) In case of acourt decree/order concerning the status of a person, it shall be the duty of the clerk ofcourt to advise the successful petitioner to have the decree/order registered in the civilregistrar's office where the court is functioning, within ten (10) days after the decree/order has become final. (58: 1a)

(2) If it is another person who shall register the decree other than the clerk of court, thecivil registrar shall verify if the copy of the decision is authentic. Otherwise, he shallrefuse the registration thereof. It is likewise the duty of the clerk of court which issued

the decree to ascertain whether the same has been registered, and if not, to have thesaid decree recorded. (58: 1a)

(3) The civil registry office where the event of the decree/order was registered shallforward a certified true copy of the decision to the Office of the civil Registrar where anevent affected was originally registered. The latter shall make the proper annotations inthe document and in the applicable registry book. He shall likewise send a certified truecopy of the annotated document and the registered court decree to the Office of the civilRegistrar General within ten (10) days from receipt thereof. (37:2a)

Rule 51. Adoption. - The decree of adoption shall be recorded in the civil registerwithin thirty (30) days after the date of issue of the final judgment of the court. If notmade within the prescribed period, registration of the same shall be considered late, inwhich case, the registrant who may be the adopter, natural parents, adopted child, clerkof court or any interested party shall execute an affidavit showing the circumstancesand reasons why the adoption was not reported for registration within the prescribedperiod (N)

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Rule 52. Number of Copies to be Submitted for Registration andDistribution. - The registrant shall submit to the concerned civil registrar four (4)certified true copies of the court decree of adoption. After it has been recorded in theRegister of Court Decrees/Orders and assigned a registry number, copies shall bedistributed by the' civil registrar as follows: first copy to the registrant; second copy to

the civil Registrar-General; third copy to the civil registrar of the city /municipality wherethe birth of the adopted child was recorded; and the fourth copy shall be retained for hisfile. (N)

Rule 53. Registration of a Decree of Adoption Issued by ForeignCourt. - A decree of adoption issued by a foreign court is acceptable for registration inthe Philippines and the same shall be registered only in the Office of the civil Registrarof Manila. After registration, the civil Registrar of Manila shall furnish the civil registrar ofthe place where the birth was originally registered (if birth was registered in thePhilippines) a certified true copy of the decree. (21 SCRA 1033) (39:1a)

Rule 54. Annotations in the Civil Register. - (1) After recording the decree ofadoption in the civil register and assigning a registry number by the civil registrar of thecity or municipality where the court issuing the decree is situated, the adopter, naturalparents of the child, adopted child, clerk of court or any interested party shall submit onecopy of said decree to the civil registrar of the city or municipality where the birth of theadopted child was recorded for annotation in the Register of Births and for thepreparation of amended certificate of Live Birth. (38:1a)

(2) The following annotation shall be made under the column "Remarks" of the Registerof Births, along the line where the facts of birth of the adopted child are entered:"Adopted by (state the name of the adopter) pursuant to a decree issued by (state thename of the judge) of (state the name of the court, branch number and location) inspecial proceedings number(state the case number) on (state the date of the decree)".(N)

Rule 55. Preparation and Issuance of certificate of Live Birth of theAdopted child. (1) The following requirements shall be complied with by theconcerned parties:

a) certification of registration of the adoption decree to be is