pfr provisions on civil registry to absence

8/19/2019 PFR Provisions on Civil Registry to Absence

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Persons and Family Relations (Atty. Noel Canlas) AUF SOL - JD 1 2015 | 50

CIVIL REGISTRY

Articles 407 – 413, Civil Code

Art. 407. Acts, events and judicial decrees concerning the civil status

of persons shall be recorded in the civil register. (325a)

Art. 408. The following shall be entered in the civil register:

(1) Births;

(2) marriages;

(3) deaths;

(4) legal separations;

(5) annulments of marriage;

(6) judgments declaring marriages void from the beginning;

(7) legitimations;

(8) adoptions;

(9) acknowledgments of natural children;

(10) naturalization;

(11) loss, or (12) recovery of citizenship;

(13) civil interdiction;

(14) judicial determination of filiation;

(15) voluntary emancipation of a minor; and

(16) changes of name. (326a)

Art. 409. In cases of legal separation, adoption, naturalization and

other judicial orders mentioned in the preceding article, it shall be the

duty of the clerk of the court which issued the decree to ascertain

whether the same has been registered, and if this has not been done,

to send a copy of said decree to the civil registry of the city or

municipality where the court is functioning. (n)

Art. 410. The books making up the civil register and all documents

relating thereto shall be considered public documents and shall be

prima facie evidence of the facts therein contained. (n)

Art. 411. Every civil registrar shall be civilly responsible for any

unauthorized alteration made in any civil register, to any personsuffering damage thereby. However, the civil registrar may exempt

himself from such liability if he proves that he has taken every

reasonable precaution to prevent the unlawful alteration. (n)

Art. 412. No entry in a civil register shall be changed or corrected,

without a judicial order. (n)

Art. 413. All other matters pertaining to the registration of civil status

shall be governed by special laws. (n)

R.A. 9048 (2001)

REPUBLIC ACT NO. 9048 March 22, 2001

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVILREGISTRAR OR THE CONSUL GENERAL TO CORRECT A

CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR

CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL

REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING

FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE

OF THE PHILIPPINES

Section 1. Authority to Correct Clerical or Typographical Error and

Change of First Name or Nickname – No entry in a civil register shall

be changed or corrected without a judicial order, except for clerical or

typographical errors and change of first name or nickname which can

be corrected or changed by the concerned city or municipal civil

registrar or consul general in accordance with the provisions of this Act

and its implementing rules and regulations.

Section 2. Definition of Terms – As used in this Act, the following

terms shall mean:

(1) "City or Municipal civil registrar" refers to the head of the local civi

registry office of the city or municipality, as the case may be, who is

appointed as such by the city or municipal mayor in accordance with

the provisions of existing laws.

(2) "Petitioner" refers to a natural person filing the petition and who has

direct and personal interest in the correction of a clerical o

typographical error in an entry or change of first name or nickname in

the civil register.

(3) "Clerical or typographical error" refers to a mistake committed in the

performance of clerical work in writing, copying, transcribing or typing

an entry in the civil register that is harmless and innocuous, such as

misspelled name or misspelled place of birth or the like, which is visible

to the eyes or obvious to the understanding, and can be corrected o

changed only by reference to other existing record or records

Provided, however, That no correction must involve the change o

nationality, age, status or sex of the petitioner.

(4) "Civil Register" refers to the various registry books and related

certificates and documents kept in the archives of the local civil registry

offices, Philippine Consulates and of the Office of the Civil Registra

General.

(5) "Civil registrar general" refers to the Administrator of the Nationa

Statistics Office which is the agency mandated to carry out and

administer the provision of laws on civil registration.

(6) "First name" refers to a name or nickname given to a person which

may consist of one or more names in addition to the middle and las

names.

Section 3. Who May File the Petition and Where. – Any person having

direct and personal interest in the correction of a clerical otypographical error in an entry and/or change of first name or nickname

in the civil register may file, in person, a verified petition with the loca

civil registry office of the city or municipality where the record being

sought to be corrected or changed is kept.

In case the petitioner has already migrated to another place in the

country and it would not be practical for such party, in terms o

transportation expenses, time and effort to appear in person before the

local civil registrar keeping the documents to be corrected or changed

the petition may be filed, in person, with the local civil registrar of the

place where the interested party is presently residing or domiciled. The

two (2) local civil registrars concerned will then communicate to

facilitate the processing of the petition.

Citizens of the Philippines who are presently residing or domiciled in

foreign countries may file their petition, in person, with the neares

Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the consu

general shall be processed in accordance with this Act and its

implementing rules and regulations.

All petitions for the clerical or typographical errors and/or change o

first names or nicknames may be availed of only once.

Section 4. Grounds for Change of First Name or Nickname. – The

petition for change of first name or nickname may be allowed in any o

the following cases:




(1) The petitioner finds the first name or nickname to be

ridiculous, tainted with dishonor or extremely difficult to write

or pronounce.

(2) The new first name or nickname has been habitually and

continuously used by the petitioner and he has been publicly

known by that by that first name or nickname in the

community: or

(3) The change will avoid confusion.

Section 5. Form and Contents of the Petition. – The petition shall be in

the form of an affidavit, subscribed and sworn to before any person

authorized by the law to administer oaths. The affidavit shall set forth

facts necessary to establish the merits of the petition and shall show

affirmatively that the petitioner is competent to testify to the matters

stated. The petitioner shall state the particular erroneous entry or

entries, which are sought to be corrected and/or the change sought to

be made.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the

page of the registry book containing the entry or entries

sought to be corrected or changed.

(2) At least two (2) public or private documents showing the

correct entry or entries upon which the correction or change

shall be based; and

(3) Other documents which the petitioner or the city or

municipal civil registrar or the consul general may consider

relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise

be supported with the documents mentioned in the immediately

preceding paragraph. In addition, the petition shall be published at

least once a week for two (2) consecutive weeks in a newspaper of

general circulation. Furthermore, the petitioner shall submit acertification from the appropriate law enforcement agencies that he has

no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies

to be distributed as follows: f irst copy to the concerned city or municipal

civil registrar, or the consul general; second copy to the Office of the

Civil Registrar General; and third copy to the petitioner.

Section 6. Duties of the City or Municipal Civil Registrar or the Consul

General. – The city or municipal civil registrar or the consul general to

whom the petition is presented shall examine the petition and its

supporting documents. He shall post the petition in a conspicuous

place provided for that purpose for ten (10) consecutive days after he

finds the petition and its supporting documents sufficient in form and

substance.

The city or municipal civil registrar or the consul general shall act on

the petition and shall render a decision not later than five (5) working

days after the completion of the posting and/or publication requirement.

He shall transmit a copy of his decision together with the records of the

proceedings to the Office of the Civil Registrar General within five (5)

working days from the date of the decision.

Section 7. Duties and Powers of the Civil Registrar General. – The

civil registrar general shall, within ten (10) working days from receipt of

the decision granting a petition, exercise the power to impugn such

decision by way of an objection based on the following grounds:

(1) The error is not clerical or typographical;

(2) The correction of an entry or entries in the civil register is

substantial or controversial as it affects the civil status of a

person; or

(3) The basis used in changing the first name or nickname o

a person does not fall under Section 4.

The civil registrar general shall immediately notify the city or municipacivil registrar or the consul general of the action taken on the decision

Upon receipt of the notice thereof, the city or municipal civil registrar o

the consul general shall notify the petitioner of such action.

The petitioner may seek reconsideration with the civil registrar genera

or file the appropriate petition with the proper court.

If the civil registrar general fails to exercise his power to impugn the

decision of the city or municipal civil registrar or of the consul genera

within the period prescribed herein, such decision shall become fina

and executory.

Where the petition is denied by the city or municipal civil registrar or the

consul general, the petitioner may either appeal the decision to the civ

registrar general or file the appropriate petition with the proper court.

Section 8. Payment of Fees . – The city or municipal civil registrar o

the consul general shall be authorized to collect reasonable fees as a

condition for accepting the petition. An indigent petitioner shall be

exempt from the payment of the said fee.

Section 9. Penalty Clause. - A person who violates any of the

provisions of this Act shall, upon conviction, be penalized by

imprisonment of not less than six (6) years but not more than twelve

(12) years, or a fine of not less than Ten thousand pesos (P10,000.00

but not more than One Hundred Thousand pesos (P100,000.00), o

both, at the discretion of the court.

In addition, if the offender is a government official or employee he shasuffer the penalties provided under civil service laws, rules and

regulations.

Section 10. Implementing Rules and Regulations. - The civil registra

general shall, in consultation with the Department of Justice, the

Department of Foreign Affairs, the Office of the Supreme Cour

Administrator, the University of the Philippines Law Center and the

Philippine Association of Civil Registrars, issue the necessary rules

and regulations for the effective implementation of this Act not late

than three (3) months from the effectivity of this law.

Section 11. Retroactivity Clause. - This Act shall have retroactive

effect insofar as it does not prejudice or impair vested or acquired

rights in accordance with the Civil Code and other laws.

Section 12. Separability Clause. - If any portion or provision of this Ac

is declared void or unconstitutional, the remaining portions o

provisions thereof shall not be affected by such declaration.

Section 13. Repealing Clause - All laws, decrees, orders, rules and

regulations, other issuances, or parts thereof inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

Section 14. Effectivity Clause. - This Act shall take effect fifteen (15

days after its complete publication in at least two (2) nationa

newspapers of general circulation.




Implementing Rules and Regulations of R.A. 9048

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL

National Statistics Office

Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001

Subject: RULES AND REGULATIONS GOVERNING THE

IMPLEMENTATION OF REPUBLIC ACT NO. 9048

Pursuant to Section 10 of R.A. No. 9048, which took effect on 22 April

2001, the following rules and regulations are hereby promulgated for

the information, guidance and compliance of all concerned parties.

PRELIMINARY STATEMENT

Article 376 of the Civil Code provides that "No person can change his

name or surname without judicial authority.". Article 412 of the same

Code provides that "No entry in a civil register shall be changed or

corrected, without a judicial order.".

Republic Act No. 9048 amended Articles 376 and 412. Section 1 of this

amendatory law provides: "No entry in a civil register shall be changed

or corrected without a judicial order, except for clerical or typographical

errors and change of first name or nickname which can be corrected or

changed by the concerned city or municipal civil registrar or consul

general in accordance with the provisions of this Act and its

implementing rules and regulations.".

As provided under Section 10 of Republic Act No. 9048, the Civil

Registrar General promulgated these rules and regulations, in

consultation with the representatives from the Department of Justice,

Department of Foreign Affairs, Office of the Supreme Court

Administrator, University of the Philippines Law Center and Philippine

Association of Civil Registrars.

IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to correct clerical or typographical error and to

change first name or nickname. - The city/municipal civil registrar,

Consul General, including the Clerk of the Shari'a Court in his capacity

as District or Circuit Registrar of Muslim Marriages, Divorces,

Revocations of Divorces and Conversions, are hereby authorized to

correct clerical or typographical error and to change first name or

nickname in the civil register.

Rule 2. Definition of terms. - As used in this Order, the following

terms shall mean:

2.1. City or Municipal Civil Registrar (C/MCR) - Refers to the head of

the local civil registry office (LCRO) of the city or municipality, as the

case may be, who is appointed by the city or municipal mayor in

accordance with the provisions of existing laws.

2.2. Consul General (CG) - Refers to an official of the Department of

Foreign Affairs who has been issued the consular commissions by the

President and/or the Secretary of Foreign Affairs. In a foreign service

establishment of the Philippines where there is no Consul General, the

civil registration function and duties herein provided for the Consul

General shall be exercised and performed by the Consul or Vice

Consul who should be similarly issued consular commissions by the

President and/or the Secretary of Foreign Affairs.

2.3. District/Circuit Registrar (D/CR) - Refers to the Clerk of the Shari'a

District or Circuit Court acting in the performance of its civil registration

function with regard to Muslim Marriages, Divorces, Revocations o

Divorces and Conversions under Title VI, Book Two of Presidentia

Decree No. 1083 which is otherwise known as the Code of Muslim

Personal Laws.

2.4. Civil Registrar General (CRG) - Refers to the Administrator of the

National Statistics Office (NSO) which is the agency mandated to carry

out and administer the provisions of laws on civil registration.

2.5. Local Civil Registry Office (LCRO) - Refers to an office o

department in the city or municipal government that is mandated to

perform civil registration function.

2.6. Petitioner - Refers to a natural person filing the petition and who

has direct and personal interest in the correction of a clerical o

typographical error in an entry or change of first name or nickname in

the civil register.

2.7. Indigent petitioner - Refers to a destitute, needy and poo

individual who is certified as such by the social welfare and

development office of the city/municipal government.

2.8. Clerical or typographical error - Refers to a mistake committed in

the performance of clerical work in writing, copying, transcribing o

typing an entry in the civil register that is harmless and innocuous

such as misspelled name or misspelled place of birth or the like, which

is visible to the eyes or obvious to the understanding, and can be

corrected or changed only by reference to other existing record o

records: Provided, however, That no correction must involve the

change of nationality, age, status or sex of the petitioner.

2.9. First name - Refers to the name or nickname given to a person

which may consist of one or more names in addition to the middle and

last names.

2.10. Civil Register - Refers to the various registry books and related

certificates and documents kept in the archives of the LCROs

Philippine Consulates, Office of the Civil Registrar General, and Shari'a

District/Circuit Courts.

2.11. Newspaper of general circulation - Refers to a newspaper that is

published for the dissemination of local news and general information

that has a bona fide subscription list of paying subscribers; and that is

published at regular intervals.

2.12. Record-keeping civil registrar (RKCR) - Refers to the C/MCR in

whose archive is kept the record, which contains the error to be

corrected or the first name to be changed. This term shall be used only

in cases involving migrant petitioner.

2.13. Petition-receiving civil registrar (PRCR) - Refers to the C/MCR o

the city or municipality where the petitioner resides or is domiciled and

who receives the petition on behalf of the RKCR in the case of a

migrant petitioner.

2.14. Migrant petitioner (MP) - Refers to a petitioner whose presen

residence or domicile is different from the place where the civil registry

record to be corrected was registered.

2.15. Spouse - Refers to one's legal wife or legal husband.

2.16. Guardian - Refers to a person lawfully invested with the power

and charged with the duty, of taking care of the person and managing

the property and rights of another person, who, for defect of age

understanding, or self-control, is considered incapable of administering

his own affairs. This term may refer also to those who, under Article

216 of the Family Code, are authorized to exercise substitute parenta




authority over the child in default of parents or a judicially appointed

guardian. These persons are the following:

2.16.1. The surviving grandparent, as provided in Article 214

of the Family Code;

2.16.2. The oldest brother or sister, over twenty-one years of

age, unless unfit or disqualified; and

2.16.3. The child's actual custodian, over twenty-one yearsof age, unless unfit or disqualified.

Rule 3. Who may file the petition. - Any person of legal age, having

direct and personal interest in the correction of a clerical or

typographical error in an entry and/or change of first name or nickname

in the civil register, may file the petition. A person is considered to have

direct and personal interest when he is the owner of the record, or the

owner's spouse, children, parents, brothers, sisters, grandparents,

guardian, or any other person duly authorized by law or by the owner of

the document sought to be corrected: Provided, however, That when a

person is a minor or physically or mentally incapacitated, the petition

may be filed on his behalf by his spouse, or any of his children,

parents, brothers, sisters, grandparents, guardians, or persons duly

authorized by law.

Rule 4. Where to file the petition. - The verified petition may be filed,

in person, with the LCRO of the city or municipality or with the Office of

the Clerk of the Shari'a Court, as the case may be, where the record

containing the clerical or typographical error to be corrected, or first

name to be changed, is registered.

When the petitioner had already migrated to another place within the

Philippines and it would not be practical for such party, in terms of

transportation expenses, time and effort to appear in person before the

RKCR, the petition may be filed, in person, with the PRCR of the place

where the migrant petitioner is residing or domiciled.

Any person whose civil registry record was registered in the

Philippines, or in any Philippine Consulate, but who is presentlyresiding or domiciled in a foreign country, may file the petition, in

person, with the nearest Philippine Consulate, or in accordance with

Rule 3.

Rule 5. Processing of the petition. - The C/MCR shall:

5.1. Examine the petition as to completeness of requirements and

supporting documents as required under Rule 8.

5.2. Determine whether or not the civil registry document, which is the

subject of the petition, forms part of the civil register of his office. If it is

part of the civil register of his office, he shall assume jurisdiction,

otherwise, Rule 6 shall apply.

5.3. Receive the petition upon payment of the prescribed fees by the

petitioner.

5.4. Ensure that posting or publication requirement is complied with in

accordance with Rule 9.

5.5. Investigate and consider any third party intervention to the petition.

5.6. Enter all petitions in the appropriate record book, as may be

prescribed by the CRG, indicating therein, among others, the following

information:

5.6.1. Petition number

5.6.2. Name of petitioner

5.6.3. Type of petition

5.6.4. Date of petition

5.6.5. Date of receipt

5.6.6. Entry sought to be corrected/changed

5.6.7. Correction/Change made

5.6.8. Action taken or decision

5.7 Act on the petition within five (5) working days after the completion

of the posting and/or publication requirement. In case the C/MCR, CG

or D/CR approves the petition, he shall render his decision in a

prescribed form in triplicate copies, indicating therein the entry sough

to be corrected or the first name sought to be changed in the civi

register, and the corresponding correction or change made.

5.8 Deny the petition for correction of clerical or typographical erro

based on any of the following grounds:

5.8.1. The supporting documents are not authentic and

genuine.

5.8.2. The C/MCR has personal knowledge that a simila

petition is filed or pending in court or in any other LCRO.

5.8.3. The petition involves the same entry in the same

document, which was previously corrected or changed unde

this Order.

5.8.4. The petition involves the change of the status, sex

age or nationality of the petitioner or of any person named in

the document.

5.8.5. Such other grounds as the C/MCR may deem no

proper for correction.

5.9. In the case of petition for change of first name or nickname, the

C/MCR shall deny the petition based on any of the following grounds

in addition to Rule 5.8.1 to Rule 5.8.3:

5.9.1. The first name or nickname sought to be changed is

neither ridiculous, nor tainted with dishonor nor extremely

difficult to write or pronounce.

5.9.2. The new first name or nickname sought to be adopted

has not been habitually and continuously used by the

petitioner, and he has not been publicly known by that firs

name or nickname in the community.

5.9.3. There is no confusion to be avoided or created withthe use of the registered first name or nickname of the

petitioner.

5.10. Record the decision in the appropriate record book as

mentioned in Rule 5.6, and shall transmit said decision

together with the records of proceedings to the OCRG within

five (5) working days after the date of decision.

Insofar as applicable, Rule 5 shall be observed also by the CG and

D/CR.

Rule 6. Procedures for migrant petitioner. - When the petition is fo

or from a person who is a resident or domiciled in a place different from




10.4. Act on the petition and render a decision not later than five (5)

working days after the completion of the posting and/or publication

requirement.

10.5. Transmit a copy of the decision together with the records of the

proceedings to the OCRG within five (5) working days after the date of

the decision.

10.6. Perform such other duties and functions as may be necessary to

carry out the provisions of R.A. 9048.

Insofar as applicable, the CG and the D/CR shall perform the duties of

the C/MCR as provided for under this Rule.

Rule 11. Duties and powers of the CRG. - The CRG shall have the

following duties and powers:

11.1. Impugn the decision of the C/MCR or CG or D/CR within ten (10)

working days after receipt of the decision granting the petition based

on any of the following grounds:

11.1.1. The error is not clerical or typographical.

11.1.2. The correction of an entry in the civil register is

substantial or controversial as it involves the change of theage, sex, nationality or civil status of a person.

11.1.3. The petition for correction of clerical or typographical

error was not posted, or the petition for change of first name

was not published as required under Rule 9.

11.1.4. The basis used in changing the first name or

nickname of the person does not fall under any of the

following circumstances:

11.1.4.1. The name or nickname is ridiculous,

tainted with dishonor or extremely difficult to write

or pronounce.

11.1.4.2. The new first name or nickname hasbeen habitually and continuously used by the

petitioner and he has been publicly known by that

first name or nickname in the community.

11.1.4.3. The change of first name or nickname

will avoid confusion.

11.1.5. The C/MCR does not have authority to take

cognizance of the case.

11.2. Notify the C/MCR or the CG or the D/CR of the action taken on

the decision not later than ten (10) working days from the date of

impugning or approving the decision.

11.3. Act on all appeals or reconsideration duly filed by the petitioner.

11.4. Devise or cause to be devised the forms necessary or required

for the effective implementation of this Order.

11.5. Perform such other duties and functions as may be necessary to

carry out the provisions of R.A. 9048.

Rule 12. Effect of approving the petition for change of name. -

When the petition for a change of first name is approved by the C/MCR

or CG or D/CR and such decision has not been impugned by the CRG,

the change shall be reflected in the birth certificate by way of marginal

annotation. In case there are other civil registry records of the same

person which are affected by such change, the decision of approving

the change of first name in the birth certificate, upon becoming fina

and executory, shall be sufficient to be used as basis in changing the

first name of the same person in his other affected records withou

need for filing a similar petition. In such a case, the successfu

petitioner shall file a request in writing with the concerned C/MCR, CG

or D/CR to make such marginal annotation, attaching thereto a copy o

the decision.

Rule 13. Effect of denying the petition. - Where the petition is no

granted by the C/MCR, CG or D/CR, as the case may be, the petitione

may either appeal the decision to the CRG within ten (10) working days

from receipt of the decision, or file the appropriate petition with the

proper court. In case the petitioner opts to appeal the decision to the

CRG, the latter shall render decision within thirty (30) calendar days

after receipt of the appeal. The CRG shall furnish the C/MCR, CG o

D/CR a copy of the decision not later than ten (10) working days afte

the date of the decision.

Rule 14. Appeal. - When the petition is denied by the C/MCR, the

petitioner may appeal the decision to the CRG, in which case, the

following guidelines shall be observed:

14.1. The adversely affected petitioner shall file the notice of appeal to

the concerned C/MCR within ten (10) working days after the receipt othe latter's decision.

14.2. The C/MCR shall, within five (5) working days after the receipt o

the notice of appeal from the petitioner, submit the petition and al

supporting documents to the CRG.

14.3. The CRG shall render decision on the appeal within thirty (30

calendar days after receipt thereof. The decision of the CRG shall be

transmitted to the concerned C/MCR within ten (10) working days afte

the date of the decision. Within ten (10) working days after receipt o

the decision, the C/MCR shall notify the petitioner and shall carry ou

the decision.

14.4. When the petitioner fails to seasonably file the appeal, the

decision of the C/MCR disapproving the petition shall become final and

executory, and the only option left for the petitioner shall be to file the

appropriate petition with the proper court.

14.5. The petitioner may file the appeal to the CRG on any of the

following grounds:

14.5.1. A new evidence is discovered, which when

presented, shall materially affect, alter, modify or reverse the

decision of the C/MCR.

14.5.2. The denial of the C/MCR is erroneous or no

supported with evidence.

14.5.3. The denial of the C/MCR is done with grave abuse o

authority or discretion.

Insofar as applicable, Rule 14 shall be observed in the case of a

petition denied by the CG or D/CR.

Rule 15. Failure of the CRG to impugn. - If the CRG fails to impugn

the decision of the C/MCR, CG or D/CR within ten (10) working days

after receipt of the decision granting the petition, such decision shal

become final and executory.

Rule 16. Effect of impugning the decision. - Where the decision o

the C/MCR, CG or D/CR is impugned by the CRG, the petitioner may

appeal the decision by way of reconsideration with the latter within

fifteen (15) working days from receipt of the decision and shall be




based only on the ground of new evidence discovered, or file the

appropriate petition with the proper court. The decision which shall be

rendered by the CRG within thirty (30) calendar days after receipt of

the appeal shall be final and executory.

Rule 17. Recording, filing and retrieval of decision. - The CRG shall

prescribe the proper recording, filing and retrieval system of the

decisions.

Rule 18. Authority to collect filing and other fees. - The C/MCR or

the D/CR is hereby authorized to collect from every petitioner a filing

fee in the amount of one thousand pesos (P1,000.00) for the correction

of clerical or typographical error, and three thousand pesos

(P3,000.00) for change of first name or nickname. An indigent

petitioner as defined under Rule 2.7, shall be exempt from the payment

of said fee.

In the case of a petition filed with the CG, a filing fee of fifty U.S. dollars

($50.00) or its equivalent value in local currency for the correction of

clerical or typographical error, and one hundred fifty U.S. dollars

($150.00) or its equivalent value in local currency for the change of first

name, shall be collected.

In the case of a migrant petitioner for correction of clerical ortypographical error, there shall be a service fee of five hundred pesos

(P500.00) to be collected by the PRCR. In case the petition is for

change of name, the service fee is one thousand pesos (P1,000.00).

The service fee shall accrue to the city or municipal government of the

PRCR. The PRCR shall also collect the filing fee from the migrant

petitioner, which shall be in the form of postal money order or other

form of payment which shall be payable to and transmitted to the

RKCR, together with the petition and supporting documents.

When the petitioner files petition for correction of clerical or

typographical error, simultaneously with a petition for change of first

name, and the same document is involved, the petitioner shall pay only

the amount corresponding to the fee for the petition for change of first

name.

The local legislative body shall ratify the fees herein prescribed upon

effectivity of this Order. Prior to ratification by the local legislative body,

all fees collected in connection with this Order shall go to the LCRO

trust fund: Provided, however, That the fees prescribed herein shall be

uniform in all cities and municipalities in the country, and in all

Philippine Consulates.

Rule 19. Penalty clause. - A person who violates any of the provisions

of R.A. No. 9048 and of this Order shall, upon conviction, be penalized

by imprisonment of not less than six (6) years but not more than twelve

(12) years, or a fine of not less than ten thousand pesos (P10,000.00)

but not more than one hundred thousand pesos (P100,000.00), or

both, at the discretion of the court. In addition, if the offender is a

government official or employee, he shall suffer the penalties provided

under existing civil service laws, rules and regulations.

Rule 20. Periodic review. - The Civil Registrar General may call for

periodic review of the IRR as may be necessary.

Rule 21. Retroactivity clause. - This Order shall have retroactive

effect insofar as it does not prejudice or impair vested or acquired

rights in accordance with the Civil Code and other laws.

Rule 22. Separability clause. - If any portion or provision of this Order

is declared void or unconstitutional, the remaining portions or

provisions thereof shall not be affected by such declaration.

Rule 23. Repealing clause. - All circulars, memoranda, rules and

regulations or parts thereof inconsistent with the provisions of this

Order are hereby repealed or modified accordingly.

Rule 24. Effectivity clause. - This Order shall take effect fifteen (15

days after its publication in a newspaper of general circulation.

R.A. 10172

REPUBLIC ACT NO. 10172

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL

REGISTRAR OR THE CONSUL GENERAL TO CORRECT

CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND

MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON

APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A

JUDICIAL ORDER, AMENDING FOR THIS PURPOSE REPUBLIC

ACT NUMBERED NINETY FORTY-EIGHT

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to

as the Act, is hereby amended to read as follows:

“SECTION 1. Authority to Correct Clerical or Typographical Error and

Change of First Name or Nickname. – No entry in a civil register sha

be changed or corrected without a judicial order, except for clerical o

typographical errors and change of first name or nickname, the day

and month in the date of birth or sex of a person where it is patently

clear that there was a clerical or typographical error or mistake in the

entry, which can be corrected or changed by the concerned city o

municipal civil registrar or consul general in accordance with the

provisions of this Act and its implementing rules and regulations.”

SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to

read as follows:

“SEC. 2. Definition of Terms. – As used in this Act, the following termsshall mean:

(1) xxx xxx

(2) xxx xxx

(3) ‘Clerical or typographical error’ refers to a mistake committed in the

performance of clerical work in writing, copying, transcribing or typing

an entry in the civil register that is harmless and innocuous, such as

misspelled name or misspelled place of birth, mistake in the entry o

day and month in the date of birth or the sex of the person or the like

which is visible to the eyes or obvious to the understanding, and can

be corrected or changed only by reference to other existing record o

records: Provided, however, That no correction must involve the

change of nationality, age, or status of the petitioner.”

SEC. 3. Section 5 of the Act is hereby amended to read as follows:

“SEC. 5. Form and Contents of the Petition. – The petition fo

correction of a clerical or typographical error, or for change of firs

name or nickname, as the case may be, shall be in the form of an

affidavit, subscribed and sworn to before any person authorized by law

to administer oaths. The affidavit shall set forth facts necessary to

establish the merits of the petition and shall show affirmatively that the

petitioner is competent to testify to the matters stated. The petitione

shall state the particular erroneous entry or entries, which are sought to

be corrected and/or the change sought to be made.




2.2. Sex – Refers to the biological and physiological characteristics that

define men and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or

day of birth of the petitioner/document owner which is sought to be

corrected.

2.4. Accredited Government Physician – Refers to a licensed doctor of

medicine who is registered with the Professional Regulations

Commission (PRC) and is employed in any government hospitals,

health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the

accredited government physician attesting to the fact that the

petitioner/document owner has not undergone sex change or sex

transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the

correction of a clerical or typographical error in the day and/or month in

the date of birth of a person in the civil register for birth, may file the

petition.

A person is considered to have direct and personal interest when he is

the owner of the record, or the owner's spouse, children, parents,

brothers, sisters, grandparents, guardian, or any other person duly

authorized by law or by the owner of the document sought to be

corrected; Provided; however, that when a person is a minor or

physically or mentally incapacitated, the petition may be filed on his/her

behalf by his/her spouse, or any of his/her children, parents, brothers;

sisters; grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex:

The petitioner affected by such error shall personally file the petition

with the civil registry office where the birth certificate is registered.

Rule 4. Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the

day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or

municipality or the Philippine Consulate, as the case may be, where

the birth record containing the day and/or month in the date of birth to

be corrected is registered.

When the petitioner has migrated to another place within the

Philippines and it is not practical for such party, in terms of

transportation expenses, time and effort to appear before the C/MCR of

the place of birth, the petition may be filed with the C/MCR of the placewhere the petitioner is residing or domiciled.

Any person whose birth record was reported abroad and presently

residing in the Philippines, the petition may be filed with the C/MCR of

the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in

any Philippine Consulate, but who is presently residing or domiciled in

a foreign country, may file the petition with the nearest Philippine

Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city

or municipality or the Philippine Consulate, as the case may be, where

the record containing the entry of sex in the birth certificate to be

corrected is registered.

Rule 5. Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series o

2001, shall be observed.

Rule 6. Form and content of the petition


2001 shall be observed. In addition, as supporting documents to the

petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;

6.3. Baptismal certificate and other documents issued by religious

authorities;

6.4. A clearance or a certification that the owner of the document has

no pending administrative, civil or criminal case, or no criminal recordwhich shall be obtained from the following:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police.

6.5. The petition for the correction of sex and day and/or month in the

date of birth shall include the affidavit of publication from the publishe

and a copy of the newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a

medical certification issued by an accredited government physician tha

the petitioner has not undergone sex change or sex transplant.

Rule 7. Posting and publication of the petition.


2001 shall be observed.

Rule 8. Duties of the C/MCR



In addition, the C/MCR shall issue a certification on the authenticity o

the certification issued by the accredited government physician

certifying that the petitioner/document owner has not undergone sex

change or sex transplant.

Rule 9. Duties and powers of the CRG



Rule 10. Authority to collect filing and other fees

The C/MCR is hereby authorized to collect from every petitioner three

thousand pesos (P3,000.00) for petition to correct the day and/o

month in the date of birth or sex. An indigent petitioner shall be exemp

from paying the required payment, provided that the petition is

supported by a certification from the City/Municipal Social Welfare

Office that the petitioner/document owner is indigent.




In the case of a petition filed with the CG, a filing fee of one hundred

fifty U.S. dollars ($150.00) or its equivalent value in local currency for

the correction of clerical or typographical error is required.

In the case of a migrant petition, there shall be a service fee of one

thousand pesos (P1,000.00) to be collected by the PRCR.

When a petitioner/document owner files petition for correction of

clerical error under R.A. 9048, simultaneously, with a petition for

correction of clerical error under R.A. 10172, and the same document

is involved, the petitioner/document owner shall pay only the amount of

P3,000.00 corresponding to the fee under R.A. 10172.

All fees collected by the C/MCR or the consul general pursuant to this

Law shall accrue to the funds of the Local Civil Registry Office

concerned or the Office of the Consul General for modernization of the

office and hiring of new personnel and procurement of supplies, subject

to government accounting and auditing rules.

The local legislative body shall ratify the fees herein prescribed upon

effectivity of this Order. Prior to ratification by the local legislative body,

all fees collected in connection with this Order shall go to the LCRO

trust fund, provided, however, that the fees prescribed therein shall be

uniform in all cities and municipalities in the country, and in allPhilippine Consulates.

Rule 11. Retroactivity clause

This Order shall have retroactive effect insofar as it does not prejudice

or impair vested or acquired rights in accordance with the Civil Code

and other laws.

Rule 12. Separability clause

If any portion or provision of this Order is declared void or

unconstitutional, the remaining portions or provisions thereof shall not

be affected by such declaration.

Rule 13. Repealing clause.

All circulars, memoranda, rules and regulations or parts thereof

inconsistent with the provisions of this Order are hereby repealed or

modified accordingly.

Rule 14. Effectivity clause.

This Order shall take effect fifteen (15) days after its publication in the

Official Gazette or in at least two newspapers of general circulation.

Approved this 24th day of October 2012.

P.D. 651 (1975)

PRESIDENTIAL DECREE No. 651 January 31, 1975

REQUIRING THE REGISTRATION OF BIRTHS AND DEATHS IN

THE PHILIPPINES WHICH OCCURED FROM JANUARY 1, 1974

AND THEREAFTER

WHEREAS, government surveys reveal that every year twenty five to

forty per cent of all births and death occurring in the Philippines are not

registered in the office of the local civil registrar as required by Act

3753;

WHEREAS, this big number of under-registration adversely affects the

program of government in promoting the health and social conditions of

the people especially the youth because of difficulty in gathering

complete vital statistics due to the under-registration of births and

deaths;

WHEREAS, to provide primary sources of vital statistics for use in

various population studies in order to formulate more effective health

and social plan for the country, the immediate registration o

unregistered births and deaths is imperative;

WHEREAS, this will be another landmark in the continuing efforts o

the government to improve the social conditions of the people with the

aid of accurate vital statistics, and is in line with the observance of the

1974 world population year;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution

do hereby order and decree that all births and deaths that occurred

within the period starting January 1, 1974 to the date when this decree

becomes effective, but were not registered, and those that will occu

thereafter, shall be registered in accordance with the following

procedures;

Section 1. Registration of births. All babies born in hospitals, maternity

clinics, private homes, or elsewhere within the period starting from

January 1, 1974 up to the date when this decree becomes effectiveirrespective of the nationality, race, culture, religion or belief of thei

parents, whether the mother is a permanent resident or transient in the

Philippines, and whose births have not yet been registered must be

reported for registration in the office of the local civil registrar of the

place of birth by the physician, nurse, midwife, hilot, or hospital or clinic

administrator who attended the birth or in default thereof, by eithe

parent or a responsible member of the family or a relative, or any

person who has knowledge of the birth of the individual child.

The report referred to above shall be accompanied with an affidavi

describing the circumstances surrounding the delayed registration.

Section 2. Period of registration of births. The registration of the birth

of babies referred to in the preceding section must be done within sixty

(60) days from the date of effectivity of this decree without or fee or any

kind. Babies born after the effectivity of this decree must be registered

in the office of the local civil registrar of the place of birth within thirty

(30) days after birth, by the attending physician, nurse, midwife, hilot o

hospitals or clinic administrator or, in default of the same, by eithe

parent or a responsible member of the family or any person who has

knowledge of the birth.

The parents or the responsible member of the family and the attendan

at birth or the hospital or clinic administrator referred to above shall be

jointly liable in case they fail to register the new born child. If there was

no attendant at birth, or if the child was not born in a hospital o

maternity clinic, then the parents or the responsible member of the

family alone shall be primarily liable in case of failure to register the

new born child.

Section 3. Proof of birth registration a pre-requisite to schoo

enrolment and allowance of tax exemption. Henceforth, starting with

the year 1975, the presentation of a birth certificate shall be a pre

requisite to enrolment in the first grade in all public and private schools

in the country and allowance of tax exemption for dependents unde

the National Internal Revenue Code.

Section 4. Registration of deaths. All persons, irrespective o

nationality, race, culture, religion and belief, whether a permanen

resident or a transient in the Philippines, who died in hospitals, clinic

private homes, or elsewhere, within the period from January 1, 1974 to




the date of effectivity of this decree, whose deaths have not yet been

registered, must be reported for registration through the local health

officer to the local civil registrar of the place of death, by the physician

who attended the deceased or in default thereof, by the nearest

responsible relative or by any person who has knowledge of such

death.

The report referred to above shall be accompanied by an affidavit

describing the circumstances surrounding the delayed registration.

Section 5. Period of reporting and registration of deaths. The

registration of deaths referred to in the preceding section must be done

within sixty (60) days from the date of effectivity of this decree without

fine or fee of any kind. Deaths occurring after the effectivity of this

decree must be reported by the nearest responsible relative or any

person who has knowledge of the death within 48 hours after death to

the local health officer of the place of death, who shall then issue the

corresponding certificate of death and order its registration in the office

of the local civil registrar within thirty (30) days after death. In case the

deceased was attended to by a physician, the latter must issue the

necessary certificate of death within 48 hours after death and submit

the same to the local health officer of the place of death, who shall

order its registration in the office of the local civil registrar within the

said period of thirty (30) days after death.

Section 6. No registration fee. No fees of any kind shall be imposed for

the registration of births or deaths within the prescribed period.

However, for the issuance of a certified copy of any birth or death

document, or transcript of the entries from the civil register, upon the

request of the interested party, a certification fee shall be collected in

accordance with existing law.

Section 7. Assistance of barrio captain and barangay chairman. All

barrio captains and barangay chairman shall have responsibility for

disseminating this decree among their constituents and for assisting in

the registration of births and deaths occurring within their respective

jurisdictions to insure complete coverage of these events.

Section 8. Implementing official. The Civil Registrar General in hereby

authorized to issue rules and regulations, orders or circulars to

implement this decree.

Section 9. Penalty. Any person required under this decree to report for

registration any fact concerning the civil status of persons and who fails

to do so, or who deliberately makes false statements in the birth or

death form and presents the same for registration, or who violates any

rule or regulation which may be issued pursuant to this decree, and

any local public health officer who fails to perform his duties as

provided for in this decree, or violates any rule or regulation which may

be issued pursuant to this decree, shall upon conviction, be punished

by a fine of not less than P500.00 nor more than P1,000.00 or

imprisonment of not less than three (3) months nor more than six (6)months, or both, in the discretion of the court.

Section 10. Repealing Clause. Any provision of law, ordinance, rules

and regulations inconsistent with the provisions of this decree, are

hereby repealed or modified accordingly.

Section 11. Effectivity. This decree shall take effect forty five (45) days

after its approval.

Done in the City of Manila, this 31st day of January, in the year of Our

Lord, nineteen hundred and seventy-five.

NCIP Adm. Order No. 01-98 (June 9, 1998)

National Commission on Indigenous Peoples

Administrative Order No. 1

Series of 1998

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO

8371, OTHERWISE KNOWN AS “THE INDIGENOUS PEOPLES’

RIGHTS ACT OF 1997”

Section 8. Recognition of Customary Laws and Practices Governing

Civil Relations.

Marriage as an inviolable social institution shall be protected

Marriages performed in accordance with customary laws, rites

traditions and practices shall be recognized as valid. As proof o

marriage, the testimony of authorized community elders or authorities

of traditional socio- political structures shall be recognized as evidence

of marriage for purposes of registration. Accordingly, the NCIP sha

coordinate with the Office of the Civil Registrar General (OCRG) to

establish an appropriate procedure for the registration of marriages

performed under customary laws to include, among others, the

following:

a) System of facilitating early and late registration o

marriages performed under Customary Laws the OCRG

shall issue guidelines to their local offices for this

purpose;

b) The OCRG Certificate of Marriage forms for use o

authorized tribal leaders/elders solemnizing marriages

under Customary Laws shall be translated in the

language understood by both parties;

c) The NCIP, in consultation and coordination with

ICCs/IPs, shall cause the registration and regula

update of a list of those authorized to solemnize

marriages according to customary laws; and

d) The NCIP field offices in coordination with Local Civ

Registrar offices shall ensure that all marriagesperformed under Customary Laws before the

enactment of IPRA shall be registered accordingly and

from thereon, marriages performed under Customary

Laws shall be registered within fifteen (15) days

following the solemnization.

Section 9. Right to a Name, Identity and History. The fundamenta

right of a person to a name and peoples’ right to their history shall be

recognized and respected. Accordingly, the ICCs/IPs naming systems

and customs shall also be recognized and respected and shall have

the right to their indigenous names registered with the Civil Registry as

their formal appellation to be used in all official documents establishing

their identity.

In close coordination with the Office of the Civil Registrar Genera

(OCRG) the NCIP shall take appropriate measures to facilitate the

registration of the ICCs/IPs indigenous names. For purposes o

effective and efficient civil registration of births and deaths and census

taking, the NCIP field offices shall be deputized to register said births

and deaths. The paternal or maternal grandfather’s name maybe used

as surname. All registrations and census shall be submitted to the

nearest Office of Local Registrar.

The ICCs/IPs have the right to their histories and to maintain the

indigenous names of places within and outside their domains tha

reflect their unique identity.




Act No. 3753, Law on Registry of Civil Status (1930)

Commonwealth Act No. 3753 November 26, 1930

Law on Registry of Civil Status

Section 1. Civil Register. – A civil register is established for recording

the civil status of persons, in which shall be entered: (a) births; (b)

deaths; (c) marriages; (d) annulments of marriages; (e) divorces; (f)

legitimations; (g) adoptions; (h) acknowledgment of natural children; (i)

naturalization; and (j) changes of name.

Section 2. Civil Registrar-General his duties and powers. – The

director of the National Library shall be Civil Registrar-General and

shall enforce the provisions of this Act. The Director of the National

Library, in his capacity as Civil Registrar-General, is hereby authorized

to prepare and issue, with the approval of the Secretary of Justice,

regulations for carrying out the purposes of this Act, and to prepare and

order printed the necessary forms for its proper compliance. In the

exercise of his functions as Civil Registrar-General, the Director of the

National Library shall have the power to give orders and instructions to

the local Civil registrars with reference to the performance of their

duties as such. It shall be the duty of the Director of the National

Library to report any violation of the provisions of this Act and allirregularities, negligence or incompetency on the part of the officers

designated as local civil registrars to the (Chief of the Executive Bureau

or the Director of the Non-Christian Tribes) Secretary of the Interior, as

the case may be, who shall take the proper disciplinary action against

the offenders.

Section 3. Local Civil Registrars. – Except in the City of Manila,

where the duties of local civil registrar shall be performed by the officer

of the Philippine Health Service designated by the Director of said

service, the Treasurers of the regular municipalities, municipal districts

and cities shall be local civil registrars of the respective municipalities,

municipal districts or cities and shall perform the duties imposed upon

them by this Act without extra compensation, in addition to their

ordinary duties. In his capacity as local civil registrar, the officerdesignated by the Director of the Health Service as local civil registrar

of Manila and the treasurers above mentioned shall be under the

direction and supervision of the Civil Registrar-General.

Section 4. Civil Register Books. – The local registrars shall keep and

preserve in their offices the following books, in which they shall,

respectively make the proper entries concerning the civil status of

persons:

1. Birth and death register;

2. Marriage register, in which shall be entered not only the

marriages solemnized but also divorces and dissolved

marriages.

3. Legitimation, acknowledgment, adoption, change of name

and naturalization register.

Section 5. Registration and Certification of Birth. – The declaration

of the physician or midwife in attendance at the birth or, in default

thereof, the declaration of either parent of the newborn child, shall be

sufficient for the registration of a birth in the civil register. Such

declaration shall be exempt from the documentary stamp tax and shall

be sent to the local civil registrar not later than thirty days after the

birth, by the physician, or midwife in attendance at the birth or by either

parent of the newly born child.

In such declaration, the persons above mentioned shall certify to the

following facts: (a) date and hour of birth; (b) sex and nationality o

infant; (c) names, citizenship, and religion of parents or, in case the

father is not known, of the mother alone; (d) civil status of parents; (e

place where the infant was born; (f) and such other data may be

required in the regulation to be issued.

In the case of an exposed child, the person who found the same shal

report to the local civil registrar the place, date and hour of finding and

other attendant circumstances.

In case of an illegitimate child, the birth certificate shall be signed and

sworn to jointly by the parents of the infant or only the mother if the

father refuses. In the latter case, it shall not be permissible to state o

reveal in the document the name of the father who refuses to

acknowledge the child, or to give therein any information by which such

father could be identified.

Any fetus having human features which dies after twenty four hours o

existence completely disengaged from the maternal womb shall be

entered in the proper registers as having been born and having died.

Section 6. Death certificate and register. – No human body shall be

buried unless the proper death certificate has been presented andrecorded in the office of the local civil registrar. The physician who

attended the deceased or, in his default the health officer concerned, o

in default of the latter, any member of the family of the deceased or any

person having knowledge of the death, shall report the same to the

local health authorities, who shall issue a death certificate and sha

order the same to be recorded in the office of the local civil registrar

The death certificate, which shall be issued by the attending physician

of the deceased or, in his default, by the proper health officer, shal

contain the following data be furnished by the person reporting the

death; (a) date and place of death; (b) full name, (c) age, (d) sex, (e

occupation or profession, (f) residence; (g) status as regards marriage

(h) nationality of the deceased, and (i) probable cause of death.

During epidemics, bodies may be buried provided the proper deathcertificates have been secured, which shall be registered not later than

five days after the burial of the body.

Section 7. Registration of marriages. – All civil officers and priests o

ministers authorized to solemnize marriages shall send a copy of each

marriage contract solemnized by them to the local civil registrar within

the time limit specified in the existing Marriage Law.

In cases of divorce and annulment of marriage, it shall be the duty o

the successful petitioner for divorce or annulment of marriage to send a

copy of the final decree of the court to that local civil registrar of the

municipality where the dissolved or annulled marriage was solemnized

In the marriage register there shall be entered the full name and

address of each of the contracting parties, their ages, the place anddate of the solemnization of the marriage, the names and addresses o

the witnesses, the full name, address, and relationship of the mino

contracting party or parties or the person or persons who gave thei

consent to the marriage, and the full name, title, and address of the

person who solemnized the marriage.

In cases of divorce or annulment of marriages, there shall be recorded

the names of the parties divorced or whose marriage was annulled, the

date of the decree of the court, and such other details as the

regulations to be issued may require.

Section 8. Registration of legitimations by subsequent marriage

– The acknowledgment of the children legitimated by subsequen




marriage, referred to in article one hundred and twenty-one of the Civil

Code, may be recorded in the legitimation register, entering: (a) The

names of the parents; (b) that at the time when the children were

conceived, the aforesaid parents could have contracted marriage, and

that they actually contracted marriage, stating the date and place when

such marriage was solemnized, the minister who officiated, and the

civil register where such marriage was recorded; (c) the names of the

children legitimated with reference to their birth certificates.

Section 9. Registration of acknowledgment by public instrument.

– Any voluntary acknowledgment by the natural parents or by only one

of them by public instrument, shall be recorded in the acknowledgment

register of the civil registrar of the municipality where the decree was

issued. The names of the interested parties and such other data as

may be required by the regulations to be issued shall be entered in

register.

It shall be the duty of the natural parents whose voluntary

acknowledgment was may be means of a public instrument to send a

certified copy thereof to the local civil registrar of the municipality in the

civil register whereof the birth of the acknowledged child was recorded,

not later than twenty days after the execution of such instrument, for

the registration thereof.

Section 10. Registrations of adoptions, changes of name, and

naturalization. – In cases of adoptions, changes of name, and

naturalization, it shall be the duty of the interested parties or petitioners

to register the same in the local civil registrar of the municipality where

the birth of the acknowledged child was registered setting forth the

following data: (a) full name of the natural child acknowledged; (b) age;

(c) date and place of birth; (d) status as to marriage, and residence of

the child acknowledged; (e) full name of the natural father or mother

who makes the acknowledgment; (f) full name of the notary public

before whom the document was acknowledged; (g) full names of

witnesses to document; (h) date and place of acknowledgment of said

document and entry and page number of the notarial register in which

the name was recorded.

Section 11. Duties of clerks of Court to register certain decisions.

– In cases of legitimation, acknowledgment, adoption, naturalization

and change of given or family name, or both, upon the decree which

issued the decree to ascertain whether the same has been registered,

and if this has not been done, to have said decree recorded in the

office of the civil registrar of the municipality where the court is

functioning.

Section 12. Duties of local civil registrar. – Local civil registrars

shall (a) file registrable certificates and documents presented to them

for entry; (b) complete the same monthly and prepare and send any

information required of them by the Civil Registrar-General; (c) issue

certified transcripts or copies of any certificate or document registered

upon payment of proper fees; (d) order the binding, properly classified,of all certificates or documents registered during the year; (e) send to

the Civil Registrar-General, during the first ten days of each month, a

copy of the entries made during the preceding month for filing; (f) index

the same to facilitate search and identification in case any information

is required, and (g) administer oaths, free of charge, for civil register

purposes.

Section 13. Documents registered are public documents. – The

books making up the civil register and all documents relating thereto

shall be considered public documents and be prima facie evidence of

the truth of the facts therein contained. They shall be open to the public

during office hours and shall be kept in a suitable safe which shall be

furnished to the local civil registrar at the expense of the general fund

of the municipality concerned. The local registrar shall not under any

circumstances permit any document entrusted to his care to be

removed from his office, except by order of a court, in which case the

proper receipt shall be taken. The local civil registrar may issue

certified copies of any document filed, upon payment of the proper fees

required in this Act.

Section 14. Expenses and fees of the office of the civil registrar. –

All expenses in connection with the establishment of local civil registers

shall be paid out of municipal funds, and for this purpose, municipa

councils and boards shall make the necessary appropriation out o

their available general funds:

For the registration of documents and for certified copies of documents

on file in the local civil registrar’s office, fees shall be charged in

accordance with the following schedule:

For registration of legitimations P2.00

For registration of an adoption 2.00

For registration of an annulment of marriage 10.00

For registration of a divorce 10.00

For registration of naturalization 20.00

For registration of a change of name 2.00

For certified copies of any documents in the register, for each one

hundred words 20.00

The Civil Registrar General or any local civil registrar may issue

certified copies of documents free of charge for official use or at the

request of a competent court. All fees collected for such purposes shal

accrue to the general fund of the municipality concerned.

Section 15. Preservation of present register books. – All birth

death and marriage registers and other papers relating thereto a

present in the keeping of the municipal secretaries or the clerk of theMunicipal Court of Manila shall be transferred by the same to the

officers acting as local civil registrars in each city or municipality and

shall form part of the archives of the latter.

Section 16. False statement. – Any person who shall knowingly make

false statement in the forms furnished and shall present the same fo

entry in the civil register, shall be punished by imprisonment for no

less than one month nor more than six months, or by a fine of not less

than two hundred pesos nor more than five hundred or both, in the

discretion of the court.

Section 17. Failure to report. – Other violations. – Any person whose

duty is to report any fact concerning the civil status of persons and who

knowingly fails to perform such duty, and any person convicted ohaving violated any of the provisions of this Act shall be punished by a

fine of not less than ten pesos nor more than two hundred.

Section 18. Neglect of duty with reference to the provisions o

this Act. – Any local registrar who fails properly to perform his duties in

accordance with the provisions of this Act and of the regulations issued

hereunder, shall be punished for the first offense, by an administrative

fine in a sum equal to his salary for not less than fifteen days nor more

than three months, and for a second or repeated offense, by remova

from the service.

Section 19. Application of this Act to the special provinces. – The

Director of the National Library, in his capacity as Civil Registrar




General, is hereby authorized upon recommendation of the (Director of

Bureau of Non-Christian Tribes) Secretary of the Interior, to designate

the municipalities in the specially organized provinces where the

provisions of this Act shall be applied.

Section 20. Transitory provisions. – All rights, duties and powers

established by Act Numbered thirty-six hundred and thirteen, entitled

the Marriage Law, with the reference to the procedure for the issuance

of the marriage license prior to the solemnization of marriage, the

registration, of marriages, and the filing of the documents in connection

therewith, conferred and imposed by said Act upon the clerk of the

Municipal Court of Manila and the municipal secretaries, are hereby

transferred to the officer of the Health Service in accordance with

section three of this Act, and to the municipal treasurers, respectively,

in their capacity as local registrars.

All duties and powers established by subsections (d) and (e) of section

twenty-one hundred and twelve of the Administrative Code, imposed

and conferred by said section upon the municipal secretaries, are

hereby likewise transferred to the municipal treasurers in their capacity

as local civil registrars.

Section 21. All acts or parts of acts inconsistent herewith are

hereby repealed.

Section 22. This Act shall take effect three months after its

approval.

IRR of Act No. 3753

*See attached file

OCRG Adm. Order No. 1-88 (October 17, 1988)

Rules and Regulations governing the Granting of Authority to

Solemnize Marriage To Bishops, Heads of Religion and Religious

Sects, Priests, Rabbis, Imams and Religious ministers and Their

Registration With the Office of the Civil Registrar General.

E.O. No. 157 (February 15, 1994)

EXECUTIVE ORDER NO. 157 February 15, 1994

ESTABLISHING A CIVIL REGISTRATION SYSTEM FOR MUSLIM

FILIPINOS

WHEREAS, civil registration is the systematic recording of act and

events concerning the civil status of persons;

WHEREAS, civil registration is meant for all Filipinos, regardless of

political affiliation or religious belief, and hence an effective tool of

attaining national solidarity and unity that can spur economic recovery

and growth;

WHEREAS, Muslim Filipinos have yet to be assimilated into the system

of civil registration established on 27 February 1931 by Act No. 3753

because of their district customs, practices and rites;

WHEREAS, this Administration has acknowledged with much concern

the problems and inconveniences encountered and experienced by

Muslim Filipinos whose civil status has remained undocumented;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines,

by virtue of the powers vested in me by law, do hereby declare the

establishment of a system of civil registration that considers the distinct

customs, practices and rites of Muslim Filipinos, and hereby order:

Sec. 1. The Civil Registrar General shall immediately implement the

rules and regulations governing the registration of acts and events

concerning civil status of Muslim Filipinos as provided in Administrative

Order No. 2, Series of 1993;

Sec. 2. The Civil Registrar General shall collaborate with the officials o

the Autonomous Region in Muslim Mindanao, local government units

and other government agencies and instrumentalities in the conduct o

information dissemination, trainings, conferences, and seminars o

city/municipal civil registrars and other civil registration personnel.

Sec. 3. The Civil Registrar General is hereby authorized to exercise

such powers and perform such functions as may be necessary for the

proper and effective implementation and maintenance of the system o

civil registration for Muslim Filipinos.

Sec. 4. For the purpose of carrying out the provisions of this Order, the

National Statistics Office is hereby authorized to use its savings from

the 1993 appropriations and, in case of insufficiency thereof, the

necessary amount shall be taken from the savings of the Office of the

President.

Sec. 5. This order shall take effect immediately.

OCRG Adm. Order No. 2-93 (January 6, 1993)

Not found. Repealed by OCRG Adm. Order No. 1-05 (June 20

2005)

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL

National Statistics Office

Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2005

Pursuant to Section 2 of Act No. 3753, otherwise known as the Civi

Registry Law of the Philippines, which took effect on 27 February 1931

in conjunction with Section 3, Executive Order No. 157 (E.O. 157)Establishing a Civil Registration System for Muslim Filipinos, and

Chapters 1 and 2, Title VI, Book II of Presidential Decree No. 1083

(P.D. 1083), also known as the Code of Muslim Personal Laws of the

Philippines, which took effect on 4 February 1977, the following rules

and regulations are hereby promulgated for the information, guidance

and compliance of all concerned.

PRELIMINARY STATEMENT

Administrative Order No. 2, Series of 1993 (AO No. 2, S. 1993) is

hereby revised to provide a more responsive civil registration system

for Muslim Filipinos whether residing here or abroad.

The head of the National Statistics Office is the Civil Registrar Genera

(CRG). The City/Municipal Civil Registrar (C/MCR) is in charge o

recording birth, marriage, death and other registrable acts and events

occurring among the Muslims in cities and municipalities and is

appointed by the Mayor in accordance with the Local Governmen

Code of 1991 and/or the ARMM Local Government Code. For Muslim

marriage, divorce, revocation of divorce and conversion to Islam

recording thereof is the responsibility of the Clerk of Court of the

Shari'a Circuit Court hereinafter referred to as Circuit Registrar (Article

83, P. D. 1083). All judicial decrees and legal instruments concerning

civil status of Muslim Filipinos issued by the Shari'a Court shall be

registered in accordance with AO No. 1, S. 1993 and this Order.

Rule 1. Civil Registration System for Muslim Filipinos




Executive Order No. 157 issued on February 15, 1994 by the President

of the Republic of the Philippines established the Civil Registration

System for Muslim Filipinos.

Rule 2. Definition of Terms:

As used in these rules:

1. Muslim is a person who testifies to the oneness of GOD and

the Prophethood of Muhammad (Peace Be Upon Him) andprofesses Islam.

2. Muslim Personal Law includes all laws relating to personal

status, marriage and divorce, matrimonial and family

relations, succession and inheritance and property relations

between spouses as provided for in the Muslim Code (P.D.

1083).

3. Muslim Laws refer to all the ordinances and resolutions

governing Muslims as found principally in the Qur'an and

the Hadith.

4. Ada means customary law.

5. Circuit Registrar is the Clerk of the Shari'a Circuit Court

acting in the performance of their function under Title VI,

Book II of P.D. 1083 and this Order.

6.

District Registrar is the Clerk of the Court ofthe Shari'a District Court acting in the performance of their

function under Title VI, Book II of P.D. 1083 and this Order.

7. Idda is the period of waiting prescribed for a woman whose

marriage has been dissolved by death or by divorce the

completion of which shall enable her to contract a new

marriage.

8. Talaq is the repudiation of the wife by the husband.

9. Tafwid is the exercise by the wife of the delegated right to

repudiate.

10. Wali is the guardian in marriage.

11. Muslim Code refers to Presidential Decree No. 1083 (P.D.

1083).

Rule 3. Registrable Acts and Events Concerning Civil Status ofMuslim Filipinos

The following acts and events concerning civil status of Muslim

Filipinos shall be recorded in the appropriate civil registry book:

1. Acts and events enumerated under Rule 7 of AO No. 1, S.

1993 insofar as they are applicable to Muslim Filipinos; and

2. Muslim marriages, divorces, revocation of divorces,

conversion to Islam, and other registrable documents.

Rule 4. Registry Book

The Circuit Registrar shall keep and preserve in his office the following

registry books:

1. Register of Muslim Marriages;

2. Register of Muslim Divorces;

3. Register of Revocation of Muslim Divorces;

4. Register of Conversion to Islam;

5. Register of Legal Instruments; and

6. Register of Court Decrees/Orders

Rule 5. Civil Registration Forms

1. Documents presented before the C/MCR for registration of

vital events of Muslim Filipinos are the following:

• Accomplished Certificate of Live Birth and attachment

• Accomplished Certificate of Death and attachment

• Accomplished Certificate of Marriage with attachment i

the marriage was performed in accordance with P.D

1083 and there is no Shari'a Court in the place where

the marriage was solemnized.

2. Documents presented before the District/Circuit Registrar are

the following:

•

Accomplished Certificate of Marriage and attachment

• Accomplished Certificate of Divorce

• Accomplished Certificate of Revocation of Divorce

• Accomplished Certificate of Conversion to Islam

Rule 6. Applicability

This Order shall apply in all cities and municipalities in the Philippines

where acts and events concerning civil status of Muslim may occur

However, in cases where the act or event occur in a foreign country

the same shall be governed by Rule 10 of AO No. 1, S. 1993, and

other applicable laws taking into consideration the beliefs, customs and

practices of Muslims thereat. In addition, the duty of the C/MCR or the

Circuit Registrar insofar as civil registration is concerned may be

performed by the authorized official of the Philippine Foreign ServiceEstablishment.

Rule 7. Registration of Births

Registration of births of Muslim Filipinos shall be governed by pertinen

provisions of AO No. 1, S. 1993 and supplemented by the following

specific rules:

1. Regardless of the period of intra-uterine life of the fetus when

born alive, however briefly, the birth of the child shall be

recorded in the Register of Births as a live birth.

2. The first name of the father or the surname of either the

father or the mother may be used as the child's last name

subject to Islamic or Muslim Law or Ada (customary laws).

3.

Upon receipt of the Certificate of Live Birth or COLB

(Municipal Form 102, revised January 1993), the C/MCR

shall examine Item No. 15 (Religion of the Father). In case

the entry therein is "Islam", the C/MCR shall accomplish

Municipal Form 102 and require the informant to give the

following data in the Attachment: Name of child, date of birth

in the Hijrah calendar and its equivalent in Gregoria

calendar and the ethnic affiliation of parents.

4. Municipal Form No. 102 and the attachment shall be

permanently kept together and shall constitute the record o

birth.

Rule 8. Registration of Deaths

Registration of deaths of Muslim Filipinos shall be governed by thepertinent provisions of AO No. 1, S. 1993 and supplemented by the

following specific rules:

1. In accordance with the Islamic law and jurisprudence, the

dead body shall be buried as soon as possible even withou

the certificate of death; provided that the death shall be

reported by the person who performed the burial rites (or by

the nearest kin) within forty-eight (48) hours after the date o

burial to the local health authority who shall certify the cause

of death. In the absence of the health officer or his

authorized representative, the death shall be reported to the

Mayor or any member of the Sangguniang




Panlungsod/Bayan, or the Municipal Secretary as the case

may be, who shall certify as to the possible cause of death.

2. Upon receipt of the Certificate of Death (Municipal Form 103,

revised January 1993), the C/MCR shall examine Item No. 3

(Religion). In case the entry therein is "Islam", the C/MCR

shall require the informant to accomplish or to give the

following data in order to accomplish Municipal Form 103

Attachment: name of the deceased including Haj name if

any, date of birth, name of the person who performed theburial rites and the name of the surviving spouse(s).

3. Municipal Form No. 103 and the attachment shall be

permanently kept together and shall constitute the record of

death.

Rule 9. Registration of Marriages

Registration of marriages among Muslim Filipinos shall be governed by

the following rules:

1. Marriage (Nikha) among Muslim Filipinos is not only a civil

contract but a social institution. Its nature, consequences

and incidents are governed by P.D. 1083 and the Shari'a,

and are not subject to stipulations, except that the marriage

settlements may, to a certain extent, fix the property relationsof the spouses (Article 14, P.D. No. 1083).

2. Marriage among Muslim Filipinos performed under their

customs, traditions, rites and practices shall be reported

within thirty (30) days after the date of marriage by the

officiating person, or in his default, by the parties to the

marriage for registration, to the Circuit Registrar of the city or

municipality where the Shari'a Circuit Court exists. Where

there is no Shari'a Circuit Court, marriages among Muslim

Filipinos shall be registered at the Local Civil Registry Office

(LCRO) where the marriage was celebrated with the

annotation that the marriage is in accordance with P.D. 1083

both in the Certificate of Marriage and the Marriage

Register.

3.

The person officiating the marriage shall indicate in the

Certificate of Marriage (Municipal Form 97, revised January

1993) that said marriage was solemnized in accordance with

P.D. No. 1083, and fill up the attachment to the Certificate of

Marriage with the following information: amount

of mahr(dowry); first or subsequent marriage; tafwid, if

granted and such other stipulations. The Certificate of

Marriage and the attachment shall be permanently kept

together and shall constitute the record of marriage.

4. The Certificate of Marriage shall be prepared in five (5)

copies and shall be distributed by the Circuit Registrar, or by

the C/MCR, as the case may be, as follows: first copy to the

contracting parties; second copy to the Civil Registrar

General (CRG); third copy to the Circuit Registrar/C/MCR;

the fourth copy to the District Registrar if marriage was

registered at the Shari'a Court; and the fif th copy to the

solemnizing officer.

5. Other matters related to registration of marriages among

Muslim Filipinos not covered by this Rule shall be governed

by the pertinent provisions of Administrative Order No. 1,

Series of 1993.

Rule 10. Registration of Divorces

Registration of divorces among Muslim Filipinos shall be governed by

the following rules:

1. Divorce is the formal dissolution of the marriage bond in

accordance with P.D. 1083 to be granted only after the

exhaustion of all possible means of reconciliation between

the spouses. It may be effected by the following:

2. Repudiation of the wife by the husband (talaq);

• Vow of continence by the husband (ila );

• Injurious assimilation of the wife by the husband (zihar )

• Acts of imprecation (li'an );

•

Redemption by the wife (khul );• Exercise by the wife of the delegated right to repudiate

(tafwid ); or

• Judicial decree (faskh) (P.D. 1083).

3. A divorce pronounced by the husband or by the wife in case

of tafwid and such other forms of divorce shall not become

irrevocable until the expiration of the prescribed "idda". The

first and second divorce (talaq) are revocable during the

"idda" and the third is irrevocable. If the spouses fail to

reconcile during the "idda" they can only reconcile through a

new contract of marriage. In case of the third divorce, they

cannot anymore reconcile to each other unless the wife is

married by an intervening husband and the latter divorces

her and after the expiration of the "idda," the former husband

may remarry her.4. Any Muslim husband who has pronounced a talaq shal

without delay, file with the Clerk of Court of the Shari'a Circui

Court of the place where his family resides or domiciles, or in

the most accessible Shari'a Court, a written notice of such

fact and the circumstances attendant thereto, after having

served a copy thereof to the wife concerned. The notice filed

shall be conclusive evidence that talaq has been pronounced

and shall constitute the Certificate of Divorce. In case the

divorce is through a court decree, the corresponding decision

shall constitute the Certificate of Divorce.

5. All Certificates of Divorce or Court Decrees shall be

registered in the Shari'a Circuit Court. TheShari'a Circu

Court or LCRO where the marriage was registered shall be

furnished a copy of the Certificate of Divorce or Court Decre

for annotation in the Certificate of Marriage and the Marriage

Register. Five (5) copies of the Certificate of Divorce or Cour

Decree shall be submitted for registration within thirty (30

days after the date of divorce by the interested party.

6. The Circuit Registrar shall distribute the five (5) copies of the

Certificate of Divorce or court decree of divorce as follows

first copy to the husband; second copy to the wife; third copy

to the OCRG; the fourth copy to the District Registrar; and

the fifth copy for his file.

Rule 11. Registration of Revocation of Divorces

Registration of revocation of divorces among Muslim Filipinos shall be

governed by the following rules:

1. Within seven (7) days after the revocation of a divorce by

reconciliation (ruju), the husband shall, with the wife's written

consent, file a sworn statement thereof in five (5) copies with

the Circuit Registrar of the city or municipality where the

Certificate of Divorce or court decree of divorce was

previously registered. The fact of revocation of divorce sha

be annotated in the Certificate of Divorce or court decree o

divorce and the Marriage Register. Such revocation sha

also be forwarded to the Circuit Registrar or C/MCR of the

place where the marriage was registered for prope

annotation in the Certificate of Marriage and Marriage

Register.




Rule 16. Repealing Clause - AO No. 2, S. 1993 and all other rules

and regulations, orders, memoranda or circulars issued by the Civil

Registrar General which are inconsistent with these rules and

regulations are hereby repealed or modified accordingly.

Rule 17. Separability Clause- If any provision of this Order is

declared invalid or unconstitutional, the remaining provisions not

affected thereby shall continue in full force and effect.

Rule 18. Effectivity Clause - This Order shall take effect fifteen (15)

days after its publication in a newspaper of general circulation in the

Philippines.

FUNERALS

Articles 305 – 310, Civil Code

Art. 305. The duty and the right to make arrangements for the funeral

of a relative shall be in accordance with the order established for

support, under Article 294. In case of descendants of the same degree,

or of brothers and sisters, the oldest shall be preferred. In case of

ascendants, the paternal shall have a better right.

Art. 306. Every funeral shall be in keeping with the social position ofthe deceased.

Art. 307. The funeral shall be in accordance with the expressed wishes

of the deceased. In the absence of such expression, his religious

beliefs or affiliation shall determine the funeral rites. In case of doubt,

the form of the funeral shall be decided upon by the person obliged to

make arrangements for the same, after consulting the other members

of the family.

Art. 308. No human remains shall be retained, interred, disposed of or

exhumed without the consent of the persons mentioned in articles 294

and 305.

Art. 309. Any person who shows disrespect to the dead, or wrongfully

interferes with a funeral shall be liable to the family of the deceased for

damages, material and moral.

Art. 310. The construction of a tombstone or mausoleum shall be

deemed a part of the funeral expenses, and shall be chargeable to the

conjugal partnership property, if the deceased is one of the spouses.

Sec. 50 (a), Act No. 1956 (May 20, 1909)

ACT NO. 1956 - AN ACT PROVIDING FOR THE SUSPENSION OF

PAYMENTS, THE RELIEF OF INSOLVENT DEBTORS, THE

PROTECTION OF CREDITORS, AND THE PUNISHMENT OF

FRAUDULENT DEBTORS

Sec. 50. The following are the preferred claims which shall be paid inthe order named:

(a) Necessary funeral expenses of the debtor, or of his wife, or

children who are under their parental authority and have no

property of their own, when approved by the court;

Article 85, Revised Penal Code

Art. 85. Provisions relative to the corpse of the person executed

and its burial. — Unless claimed by his family, the corpse of the

culprit shall, upon the completion of the legal proceedings subsequent

to the execution, be turned over to the institute of learning or scientific

research first applying for it, for the purpose of study and investigation,

provided that such institute shall take charge of the decent burial of the

remains. Otherwise, the Director of Prisons shall order the burial of the

body of the culprit at government expense, granting permission to be

present thereat to the members of the family of the culprit and the

friends of the latter. In no case shall the burial of the body of a person

sentenced to death be held with pomp.

Article 153, Revised Penal Code

Art. 153. Tumults and other disturbance of public orders

Tumultuous disturbance or interruption liable to cause

disturbance. — The penalty of arresto mayor in its medium period to

prision correccional in its minimum period and a fine not exceeding

1,000 pesos shall be imposed upon any person who shall cause any

serious disturbance in a public place, office, or establishment, or sha

interrupt or disturb public performances, functions or gatherings, o

peaceful meetings, if the act is not included in the provisions of Articles

131 and 132.

The penalty next higher in degree shall be imposed upon persons

causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous i

caused by more than three persons who are armed or provided withmeans of violence.

The penalty of arresto mayor shall be imposed upon any person who in

any meeting, association, or public place, shall make any outcry

tending to incite rebellion or sedition or in such place shall display

placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos

shall be imposed upon these persons who in violation of the provisions

contained in the last clause of Article 85, shall bury with pomp the body

of a person who has been legally executed.

Article 2165, Civil Code

Art. 2165. When funeral expenses are borne by a third person, withou

the knowledge of those relatives who were obliged to give support to

the deceased, said relatives shall reimburse the third person, should

the latter claim reimbursement. (1894a)

Article 2219 (9), Civil Code

Art. 2219. Moral damages may be recovered in the following and

analogous cases:

(9) Acts mentioned in Article 309;

The spouse, descendants, ascendants, and brothers and sisters may

bring the action mentioned in No. 9 of this article, in the order named.

Article 2244, Civil Code

Art. 2244. With reference to other property, real and personal, of the

debtor, the following claims or credits shall be preferred in the orde

named:

(1) Proper funeral expenses for the debtor, or children

under his or her parental authority who have no

property of their own, when approved by the court;




Sec. 13 (b), R.A. 1161 (June 18, 1954)

Republic Act No. 1161 June 18, 1954

AN ACT TO CREATE A SOCIAL SECURITY SYSTEM PROVIDING

SICKNESS, UNEMPLOYMENT, RETIREMENT, DISABILITY AND

DEATH BENEFITS FOR EMPLOYEES

Section 13. Death Benefits . — Upon the covered employee's death,

his primary beneficiaries shall be entitled to the monthly pension and

his dependents to the dependents' pension: Provided, That he has paid

at least thirty-six monthly contributions prior to the semester of death:

Provided, further, That if the foregoing condition is not satisfied his

primary beneficiaries shall be entitled to a lump sum benefit equivalent

to thirty-five times the monthly pension: Provided, further, That if he

has no primary beneficiaries, his secondary beneficiaries shall be

entitled to a lump sum benefit equivalent to twenty times the monthly

pension: Provided, however, That the minimum death benefit shall not

be less than the total contributions paid by him and his employer on his

behalf nor less than one thousand pesos: Provided, finally, That the

beneficiaries of the covered employee who dies without having paid at

least three monthly contributions shall be entitled to the minimum

benefit. (As amended by Sec. 5, P.D. No. 1202, S-1977 and Sec. 8,

P.D. No. 1636, S-1979)

Section 13-B. Funeral Benefit . — A funeral grant of two thousand

pesos shall be paid to help defray the cost of funeral expenses upon

the death of a covered member, permanently totally disabled employee

or retiree. (As amended by Sec. 11, P.D. No. 735, S-1975; Sec. 2, E.O.

No. 28, S-1986; and Sec. 7, E.O. No. 102, S-1986)

Sec. 13-B, R.A. 8282 (May 1, 1997)

SEC. 13. Death Benefits. " Upon the death of a member who has paid

at least thirty"six (36) monthly contributions prior to the semester of

death, his primary beneficiaries shall be entitled to the monthly

pension: Provided, That if he has no primary beneficiaries, his

secondary beneficiaries shall be entitled to a lump sum benefitequivalent to thirty"six (36) times the monthly pension. If he has not

paid the required thirty"six (36) monthly contributions, his primary or

secondary beneficiaries shall be entitled to a lump sum benefit

equivalent to the monthly pension times the number of monthly

contributions paid to the SSS or twelve (12) times the monthly pension,

whichever is higher.

SEC. 13"B. Funeral Benefit. " A funeral grant equivalent to Twelve

thousand pesos (P12,000.00) shall be paid, in cash or in kind, to help

defray the cost of funeral expenses upon the death of a member,

including permanently totally disabled member or retiree.

Sec. 23, R.A. 8291 (May 30, 1997)

AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146, AS

AMENDED, EXPANDING AND INCREASING THE COVERAGE AND

BENEFITS OF THE GOVERNMENT SERVICE INSURANCE

SYSTEM, INSTITUTING REFORMS THEREIN AND FOR OTHER

PURPOSES

SEC. 23. Funeral Benefits. - The amount of the funeral benefits shall

be determined and specified by the GSIS in the rules and regulations

but shall not be less than Twelve thousand pesos (P12,000.00):

Provided, That it shall be increased to at least Eighteen thousand

pesos (P18,000.00) after five (5) years and shall be paid upon the

death of:

(a) an active member as defined under Section 2 (e) of this Act

or

(b) a member who has been separated from the service, bu

who may be entitled to future benefit pursuant to Section 4 o

this Act; or

(c) a pensioner, as defined in Section 2 (o) of this Act; or

(d) a retiree who at the time of his retirement was of pensionable

age under this Act but who opted to retire under Republic Ac

No. 1616.

SURNAMES

Article 176, Family Code

Art. 176. Illegitimate children shall use the surname and shall be unde

the parental authority of their mother, and shall be entitled to support in

conformity with this Code. The legitime of each illegitimate child shal

consist of one-half of the legitime of a legitimate child. Except for this

modification, all other provisions in the Civil Code governing

successional rights shall remain in force. (287a)

Article 189 (1), Family Code

Art. 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate

child of the adopters and both shall acquire the reciprocal rights and

obligations arising from the relationship of parent and child, including

the right of the adopted to use the surname of the adopters;

Article 193, Family Code

Art. 193. If the adopted minor has not reached the age of majority a

the time of the judicial rescission of the adoption, the court in the same

proceeding shall reinstate the parental authority of the parents by

nature, unless the latter are disqualified or incapacitated, in which case

the court shall appoint a guardian over the person and property of the

minor. If the adopted person is physically or mentally handicapped, thecourt shall appoint in the same proceeding a guardian over his person

or property or both.

Judicial rescission of the adoption shall extinguish all reciprocal rights

and obligations between the adopters and the adopted arising from the

relationship of parent and child. The adopted shall likewise lose the

right to use the surnames of the adopters and shall resume his

surname prior to the adoption.

The court shall accordingly order the amendment of the records in the

proper registries. (42a, PD 603)

R.A. 9048 (2001)

*See page 50

R.A. No. 9255 (2004) and CSC Adm. Order No. 01-04 (IRR)

*See page 41

Article 39 (3), P.D. 603

Article 39. Effects of Adoption. - The adoption shall:

3. Entitle the adopted person to use the adopter's surname;




Art. 43. The termination of the subsequent marriage referred to in the

preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to

its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal

partnership, as the case may be, shall be dissolved and

liquidated, but if either spouse contracted said marriage in

bad faith, his or her share of the net profits of the community

property or conjugal partnership property shall be forfeited in

favor of the common children or, if there are none, the

children of the guilty spouse by a previous marriage or in

default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except

that if the donee contracted the marriage in bad faith, such

donations made to said donee are revoked by operation of

law;

(4) The innocent spouse may revoke the designation of the

other spouse who acted in bad faith as beneficiary in any

insurance policy, even if such designation be stipulated as

irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad

faith shall be disqualified to inherit from the innocent spouseby testate and intestate succession. (n)

Art. 44. If both spouses of the subsequent marriage acted in bad faith,

said marriage shall be void ab initio and all donations by reason of

marriage and testamentary dispositions made by one in favor of the

other are revoked by operation of law. (n)

Article 11 (2), P.D. 1083 (Code of Muslim Personal Laws)

Art. 11. Extinction of personality.

(2) After an absence of seven years, it being unknown

whether or not the absentee still lives, he shall be presumed

dead.

Article 98, P.D. 1083 (Code of Muslim Personal Laws)

Article 98. Succession by absentee . The share of an heir who is

missing or otherwise absent at the time of the death of the decedent

shall be reserved:

(a) Until he reappears and claims it;

(b) Until he is proven dead; or

(c) Until the lapse of ten years after which he shall be

resumed dead by decree of the court.

Article 143 (c), P.D. 1083 (Code of Muslim Personal Laws)

Article 143. Original jurisdiction.

(1) The Shari'a District Court shall have exclusive original jurisdiction

over:

(c) Petitions for the declaration of absence and death and for

the cancellation or correction of entries in the Muslim

Registries mentioned in Title VI of Book Two of this Code;

Rule 72, Sec. 1 (m), 1964 Rules of Court

Sec. 1. Subject matter of special proceedings. - Rules of special

proceedings are provided for in the following cases:

(m) Declaration of absence and death;

Rule 73, Sec. 4, 1964 Rules of Court

Sec. 4. Presumption of death. - For purposes of settlement of his

estate, a person shall be presumed dead if absent and unheard from

for the periods fixed in the Civil Code. But if such person proves to be

alive, he shall be entitled to the balance of his estate after payment o

all his debts. The balance may be recovered by motion in the same

proceeding.

Rule 107, Sec. 1 - 8, 1964 Rules of Court

RULE 107

Absentees

Sec. 1. Appointment of Representative . — When a person

disappears from his domicile, his whereabouts being unknown, and

without having left an agent to administer his property, or the powe

conferred upon the agent has expired, any interested party, relative o

friend, may petition the Court of First Instance of the place where the

absentee resided before his disappearance, for the appointment of a

person to represent him provisionally in all that may be necessary. In

the City of Manila, the petition shall be filed in the Juvenile and

Domestic Relations Court.

Sec. 2. Declaration of Absence ; Who May Petition . — After the

lapse of two (2) years from his disappearance and without any news

about the absentee or since the receipt of the last news, or of five (5

years in case the absentee has left a person in charge of the

administration of his property, the declaration of his absence and

appointment of a trustee or administrator may be applied for by any o

the following:

(a) The spouse present;

(b) The heirs instituted in a will, who may present an

authentic copy of the same;

(c) The relatives who would succeed by the law o

intestacy; and

(d)

Those who have over the property of the absenteesome right subordinated to the condition of his death.

Sec. 3. Contents of Petition . — The petition for the appointment of a

representative, or for the declaration of absence and the appointmen

of a trustee or an administrator, must show the following:

(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs instituted

in the will, copy of which shall be presented, and of the

relatives who would succeed by the law of intestacy;

(c) The names and residences of creditors and others who

may have any adverse interest over the property of the

absentee;

(d)

The probable value, location and character of theproperty belonging to the absentee.

Sec. 4. Time of Hearing ; Notice and Publication Thereof. — When

a petition for the appointment of a representative, or for the declaration

of absence and the appointment of a trustee or administrator, is filed

the court shall fix a date and place for the hearing thereof where al

concerned may appear to contest the petition.

Copies of the notice of the time and place fixed for the hearing shall be

served upon the known heirs, legatees, devisees, creditors and othe

interested persons, at least ten (10) days before the day of the hearing

and shall be published once a week for three (3) consecutive weeks

prior to the time designated for the hearing, in a newspaper of genera