HISTORICAL
BACKGROUND OF CIVIL REGISTRATION IN THE PHILIPPINES
There was no formal civil
registration in the country before the colonizers came. The laws and
decrees issued during the early Spanish regime were not concerned with
registration of vital events. Censuses were also non-existent so that
very little was known about its population. Fragmentary evidence shows
that some count on the fighting strength of each barangay was made when
tribal wars were frequent. Even the laws and decrees issued during the
latter part of the Spanish regime were not concerned with registration
of vital events.
However, the Catholic Church required every parish
to keep books of records of baptism, marriages and deaths. The various
religious orders, especially the Augustinian, Dominican, Franciscan and
Recollect Orders, maintained full records of these events and kept
these books in their parochial archives. This was the only system of
recording of vital events in the country in those years. Unfortunately,
most of these carefully preserved early records disappeared except
those from 1876 to 1885, inclusive, which are complete. It is
interesting to note that the cause of death was often omitted in the
early registrations of death.
It was only on 8 December 1889 when the Civil Code
of Spain took effect as law that institutions of civil registry and
civil marriage were first established in the Philippines. But in less
than a month, the same provisions pertaining to marriage, divorce, and
civil registry were suspended by an order from Governor General Weyler.
(Manual on Civil Registration, OCRG, Manila, 1983, pp.1-2).
The Centro Estadistica (Central Office of
Statistics) was created as a dependency of the Direccion General de
Administration Civil (Bureau of Civil Administration). Under this set
up, the parish priests were required to send to the Central Office of
Statistics in Manila, a detailed statements of Births, marriages, and
deaths that had occurred in their respective parishes during the year
immediately preceding their reports. Registration of Births included
the name, and sex of the child and the place of birth. The marriage
register covered the full names of the contracting parties, their ages,
sexes, races and birthplaces, and some remarks pertinent to the
information given. Death records indicated the name, age, sex and place
of birth of the deceased. Thus, the organization of this Central Office
of Statistics marked the beginning of the scientific treatment of vital
statistics in the Philippines. (Manual on Civil Registration, OCRG,
Manila, 1983,p. 2).
Civil Registration in the Philippines underwent
further changes during this period. The Municipal Law or Act No.
82, enacted by the Philippine Commission of 1901 provided in its
Section 20 that each municipal Secretary shall maintain the civil
registers of his locality.
On 21 October 1901, the Bureau of Archives was
created by the promulgation of Act No. 273. Section 3 of the Act
provided that one of the duties of the Chief of the Bureau was “ to
have the care and custody of such public records in accordance with law
or by the direction of the Civil Governor which shall be deposited in
the insular archives”. The Bureau thus became the depository of
important documents and some civil registry records kept there were
referred to as Old Spanish Documents.
The Provision was later incorporated in the
Administrative Code of 1916 (Act No. 2659) and subsequently in the
Revised Administrative Code of 1917 (Act No. 2711) as part of its
Section 2212.
On 8 March 1922, the Bureau of Archives was
incorporated as one of the divisions of the National Library. (Act
No.3022). The municipal secretaries were required to submit quarterly
reports on all registration matters to the Chief of the Division of
Archives. These regulations marked the onset of centralization of civil
registry records. Records available in the Archives Division were those
on Births, marriages and deaths from 1 January 1922 to 31 December
1931. Statistics on births, marriages, and deaths from 1800 to 1899
were kept in the Spanish Document Section of the Archives Division.
However, these were not sorted, classified nor catalogued. (Manual on
Civil Registration, OCRG, Manila 1983,pp.2-3).
WHAT IS CIVIL REGISTRATION?
It is a continuous, permanent and compulsory
recording of vital events in the life of an individual as birth,
marriage, death, as well as all decrees, legal instruments &
judicial orders affecting his civil status in appropriate registers as
mandated by Act No. 3753, the Civil Registry Law.
Republic Act 3753 known as
Civil Registry Law was approved on November 26, 1930 and took effect on
February 27, 1931. It has for its purpose the establishment of a civil
register in the Philippines wherein act, events, legal instruments and
court decrees concerning the civil status of persons shall be recorded.
The law excludes acts and events that occurred prior to February 27,
1931 and considered them as non-registrable. The director of National
Library was then designated as Civil Registrar General to enforce the
provisions of Civil Registration Law and the Municipal Treasurers acted
as the Local Civil Registrar in their municipality of assignment. The
authority of the Solemnizing Officers were also issued by the National
Library.}
In 1940, CA Act 591, created the Bureau of the
Census and Statistics (Aug. 19, 1940) and transferred the functions of
civil registration to the newly created Bureau, “ to carry out and
administer the provisions of Act 3753”.
In 1983, B.P. Blg. 337 transferred the function of
civil registration from the municipal Treasurer to the Municipal
Development Planning and Development Coordinator for the purpose of
generating statistics needed for planning that can be derived from the
data on civil registration.
Article Nine, Sec. 479 of the Local Government Code
of 1991 recognized the importance of civil registration, thus separated
the function of the civil registrar from the MPDC by creating a
mandatory position of Municipal Civil Registrar for every municipality.
With the created positions of MCRs, the function of civil registration
is no longer an extension or additional function to a certain position
such as the MPDC, the office hope for a great improvement in the field
of civil registration in the country.
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WHAT ARE VITAL EVENTS?
Vital events are those which have to do with an
individual’s entrance into or departure from life, together with the
changes in civil status which may occur to him during his lifetime. (UN
Handbook of Vital Statistics Methods,p.1).
In the Philippines, these events are birth, death,
marriage, annulment of marriage, declaration of void marriage,
foundling, legal separation, legitimation, acknowledgement,
guardianship, adoption, change of name, naturalization, election of
Philippine citizenship, civil interdiction, judicial determination of
filiation and emancipation of minors. (Manual on Civil Registration,
OCRG, Manila, 1983).
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Who is
charge to carry out and enforce the provisions of the Civil Registry
Law in the country?
The Administrator of the National Statistics Office in his
capacity as Civil Registrar-General shall carry out and enforce the
provisions of this act.
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Who will
assist the Civil Registrar-General in administering the Civil
Registration function in the field offices?
In administering the provisions of Act No. 3753 and other laws
on civil registration, the Civil Registrar-General is assisted by the
Regional Directors and Provincial Statistics Officers of the National
Statistics Office. They oversee and monitor civil registration
activities within their respective area of jurisdiction.
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Who is
charged to carry out and enforce the Civil Registry Laws in the Cities
and Municipalities?
The City Civil Registrar in the case of the City and the
Municipal Civil Registrar in the case of a municipality are charged to
carry out and enforce the civil registry laws.
(see Directory of
Municipal Civil Registrars in Antique)
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USES
OF CIVIL REGISTRATION DOCUMENTS
A. LEGAL USE
Generally, Civil Registry documents establish the occurrence of
birth, death, or marriages, and therefore provide prima facie evidence
of facts surrounding these events.
The following uses of the documents:
1. Births records present many facts about an
individual such as the person’s name, date and place of birth, parents,
religion, citizenship and many others.
2. Marriage certificate establishes a change in
civil status and the legal spouse.
3. Death certificate records the passing away
of an individual. These records are important in legal and personal
transactions, applying for jobs, obtaining passports for travel,
entrance to school, claiming insurance benefits and in others.
B. STATISTICAL USE
The records in civil registry documents provide reliable and
accurate data on the number of births, deaths, marriages, fetal deaths
and adoptions. We can also get data such as birth rate, death rate,
marriage rate, prevalence of diseases, mortality rate, and many others.
These are very essential in development planning and
policy-making.
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REGISTRATION
OF BIRTH
1. Who shall register?
1.) When the birth occurred in a hospital or clinic or in similar
institution, the administrator thereof shall be responsible in causing
the registration of such birth. However, it shall be the attendant at
birth who shall certify the facts of birth.
2.) When the birth did not occur in a hospital or clinic or in a
similar institution, the physician, nurse, midwife, “hilot”, or anybody
who attended to the delivery of the child shall be responsible both in
certifying the facts of birth and causing the registration of such
birth.
3.) In default of the hospital/clinic administrator or attendant
at birth, either or both parents of the child shall cause the
registration of the birth.
4.) When the birth occurs aboard a vehicle, vessel or airplane
while in transit, registration of the said birth shall be a joint
responsibility of the driver, captain or pilot and the parents, as the
case may be.
2. When to register?
The birth of a child shall be registered within thirty (30) days
from the time of birth.
3. Where to register?
Registration of birth shall be made in the Office of the Civil
Registrar where the birth occurred with exemptions like when a child is
born aboard a vehicle, vessel or airplane while in transit within the
Philippine territory and the exact place of birth cannot be
ascertained, the birth shall be recorded in the civil register of the
mother’s destination or the city or municipality where the mother
habitually resides.
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REGISTRATION
OF DEATH
Who shall register?
1. It shall be the responsibility of the physician
who last attended the deceased or the administrator of the hospital or
clinic where the person died to prepare the proper death certificate
and certify as to the cause of death. The death certificate shall then
be forwarded within forty-eight (48) hours after death, to the health
officer who shall examine the Certificate of Death and then affix his
signature in the appropriate box and shall order its registration in
the Office of the Civil Registrar.
2. It shall be the responsibility of the
nearest relative or person who has knowledge of the death to report the
same within forty-eight (48) hours if the deceased died without medical
attendance. The health officer shall examine the deceased and shall
certify as to the cause of death and direct the registration of the
death certificate to the Office of the Civil Registrar within the
reglementary period of thirty (30) days.
3. Where death occurs in a vehicle/vessel/airplane,
the driver/ ship captain/ pilot, as the case maybe, shall report such
deaths to the concerned health officer. In accidents where there are no
survivors, it is the responsibility of the owner of the
vehicle/vessel/airplane to make the report of death.
4. In the absence of a health officer or his
authorized representative in the place of registration, or when it is a
non-working day and the health officer or his authorized representative
is not expected to be in his office, the death should be reported
within forty-eight (48) hours after its occurrence by the nearest kin
of the deceased or by any person having knowledge of the death to the
mayor, or to any member of the Sangguniang Bayan, or to the municipal
secretary, who shall issue the Certificate of Death for burial purpose.
5. The mayor, any member of the Sangguniang Bayan or
the municipal secretary, as the case may be, shall sign the medical
certification portion of the Certificate of Death, and the same shall
be accepted for registration by the civil registrar concerned, provided
that the Certificate of Death and the Register of Death shall carry a
mark that registration was made pursuant to Section 91 of P.D. No. 856.
When to register? - Within 30 days from the time of death.
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REGISTRATION OF FETAL DEATH
Fetal death is the death prior to the complete
expulsion of a product of conception, irrespective of the period of
pregnancy. The death is indicated by the fact that after such
separation, the fetus does not breath nor show any evidence of life,
such as the beating of the heart, pulsation of the umbilical cord or
definite movement of voluntary muscles.
2. The registration of fetal death shall follow the
procedure in the registration of death.
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R EGISTRATION
OF MARRIAGE
Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during
the marriage within the limits provided by this code. (Article 1,
Family Code of the Philippines).
A. When and where to register?
In ordinary marriage, the time for submission of the
Certificate of Marriage is within fifteen (15) days following the
solemnization of marriage while in marriage exempted from license
requirement, the prescribed period is thirty (30) days, at the place
where the marriage was solemnized.
B. Who will report the event?
The
solemnizing officer has the duty to report the marriage to the Office
of the Civil Registrar where the marriage was solemnized.
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Republic Act No.
9048
The law was enacted through a consolidation of House Bill No. 9797
and Senate Bill No. 2159 authored by Congressman Magtanggol Gunigundo,
Jr. and Senator Renato Cayetano, respectively. It was approved by
President Gloria M. Arroyo on March 22, 2001 and took effect on August
22 of the same year.
The new law amends Article 376 and Article 412 of the Civil Code of
the Philippines. The former prohibits the changing of name or
nickname of a person without a judicial authority while the latter
prohibits any corrections or change of entry in a civil register
without a judicial order.
Clerical or typographical errors under R.A. No. 9048 are limited to
those mistakes committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register
that is harmless and innocuous, visible to the eyes or obvious to the
understanding and can be corrected only by reference to other existing
record or records.
For the change of first name or nickname, the grounds are the
following: 1) Finds it 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
publicly known by that first name or nickname in the community, and; 3)
The change will avoid confusion.
Excluded from coverage of the new law are those that involve the change
of nationality, age, status or sex. An entry in the civil register
previously corrected or first name previously changed on the basis of a
court order shall not be corrected or changed again under R.A. No. 9048.
The following supporting documents are admissible as basic
requirements:
1. Certified machine copy of the certificate containing the
alleged erroneous entry or entries.
2. Not less than two (2) public or private documents upon
which the correction shall be based:
2.1. Baptismal certificate
2.2. Voter's affidavit
2.3. Employment record
2.4. GSIS record
2.5. SSS record
2.6. Medical record
2.7. Business record
2.8. School record
2.9. Driver's license
2.10. Insurance
2.11. Civil registry records ascendants
2.12. Land Titles/Tax Declaration
2.13. Certificate of Land Transfer
2.14. Bank Passbook
2.15. NBI/Police Clearance
2.16. And others.
3. Notice of certification of posting
Posting of the petition is required. It will
become available only ten (10) days after the acceptance of the
petition by the City or Municipal Civil Registrar (C/MCR).
4. Other documents
Depending on the nature of the clerical error to
be corrected, the petitioner may submit other relevant documents to the
C/MCR to furhter ensure approval of his petition. The C/MCR may
also require other documents in addition to what had already been
submitted by the petitioner.
For the change of first name, the following supporting documents are
required:
1. All the documents required to be submitted by the
petitioner for the correction of clerical error shall be submitted also
by the petitioner for change of first name.
2. Clearance form authorities
Those with criminal record or those with pending
administrative, civil or criminal case are prohibited from changing
their first name.
Therefore, a petitioner for change of name shall be required to
submit clearances from the following authorities:
2.1. Employer, if employed
2.2. National Bureau of Investigation
2.3. Philippine National Police
2.4. Other such clearances as may be required by the City or Municipal
Civil Registrar.
3. Proof of publication
Petition for a change of first name is required
to be published in a newspaper of general circulation at least once a
week for two (2) consecutive weeks. As proofs of the publication,
the petitioner is required to submit the affidavit of publication from
the publisher and copy of the newspaper clipping.
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Republic
Act No. 9255 
Revised IRR (ADMINISTRATIVE ORDER NO. 1, Series of 2016)
Paper on Revised IRR by
Atty. Lourdines C. dela Cruz
What is R.A. 9255?
It is a law allowing illegitimate children to use
the surname of their father provided that the father has acknowledge
the child, amending Article 176 of Executive Order No. 209 (Family Code
of the Philippines)
The law was signed by President Arroyo on 24
February 2004 and took effect on 19 March 2004, fifteen days after its
publication in the Manila Times and Malaya.
The implementing rules and regulations (IRR)
was approved on 18 May 2004 and took effect on 02 June 2004, fifteen
days days after its publication in the Manila Times.
Scope of R.A. 9255
The law applies to all illegitimate children born
before or after the effectivity of R.A. 9255 which covers unregistered
births and registered births wherein illegitimate children use the
surname of their mother
What are the requirements in order that an
illegitimate child can use the surname of his/ her father?
The requirement is a document, public or private,
wherein the child is recognized as such by the father. These are the
affidavit found at the back of the certificate of Live Birth (COLB), a
separate public document executed by the father, or a private
handwritten instrument made by the father expressly recognizing the
child as his. In case of the latter, the instrument must be in the
handwriting of the father and signed by him.
The Affidavit to Use the Surname of the Father
(AUSF) is used in cases where recognition is made through a private
handwritten instrument, or when the birth has already been registered
under the mother's surname with or without father's recognition.
For private handwritten instruments, other
documents are required to be submitted to support the claim made. In
particular, submission of any two of the following is needed:
1. Employment records
2. SSS/ GSIS records
3. Insurance
4. Certification of membership in any organization
5. Statement of Assets and Liabilities
6. Income Tax Return (ITR)
Consent of the child is necessary, if the child is
eighteen (18) years old or more at the time of the recognition.
Who may file?
The father, mother, child, if of the legal age, or
the guardian may file the public document or AUSF in order for the
child to use the surname of the father.
Where to file the public document or the AUSF?
1. If the child was born in the Philippines and the
public documents or the AUSF was executed in the Philippines, the
public document or the AUSF shall be registered at the Local Civil
Registry Office (LCRO) of the place where the child is Born.
2. If the child was born in the Philippines and the
public document or the AUSF was executed outside the Philipines, the
public document or the AUSF shall be registered at the LCRO of Manila.
3. If the child was born outside the Philippines
and the public document or the AUSF was executed in or outside the
Philippines, the public document or the AUSF shall be registered at the
LCRO of Manila.
After registration of the public document or the
AUSF, the LCRO of the place of birth shall annotate the record of birth
and the appropriate entry in the registry book. For births which
occurred outside the Philippines, the annotation of the record of birth
shall be done by the OCRG.
When should the public document or the AUSF be
filed?
Recognition or acknowledgement made in a public
document other than the record of birth or the AUSF shall be registered
within 20 days from the date of execution.
Can an illegitimate child whose mother is below
eighteen years old when the child was born use the surname of his/ her
father pursuant to R.A. 9255?
Yes, provided that the father of the child has
admitted paternity of the child.
For registered births, can the original surname of
the child in the Certificate of Live Birth be changed or corrected
after availing R.A. 9255?
No. No entries in the Certificate of Live Birth
shall be changed or corrected. Only annotations shall be written in the
Certificate of Live Birth indicating the surname that the child shall
use.
For births yet to be registered, can the child
automatically use the surname of his/ her father?
Yes, provided that the father executes an Affidavit
of Admission of Paternity at the time of registration.
How to secure a copy of the annotated document from
OCRG?
Copies of annotated documents which underwent
through R.A. 9255 can be secured at the OCRG after submission of the
following documents:
a. Certified copy of the original Certificate of
Live Birth (no annotation)
b. Copy of the annotated document
c Certified copy of the public document and AUSF or
private handwritten instrument and AUSF, together with the supporting
documents and consent of the child, if eighteen (18) years old or over.
How much is the processing fee for an annotated
document?
Processing fee is P125.00 per copy.
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What/Who
are the Indigenous Cultural Communities/ Indigenous Peoples?
Group of people or
homogenous societies identified by self-ascription and ascription by
others, who have
- continuously live as organized
community on communally bounded and defined territory, and
- under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language and customs, traditions and other distinctive
cultural traits, or
- through resistance to political,
social and cultural inroads of colonization, non-indigenous religions
and cultures, became historically differentiated from the majority of
Filipinos.
ICCs/IPs likewise include
peoples who are regarded as indigenous on account of their descent from
the populations, which inhabited in the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishments of present state
boundaries, who retain some or all of their own social, economic,
cultural and political institutions, but who may have been displaced
from their traditional domains or who may have been resettled outside
their ancestral domains.
What are the Registrable Acts and Events for
ICCs/IPs?
1) Birth
2) Death
3) Marriage
4) Dissolution of Marriage
5) Revocation of Dissolution of Marriage
6) Court decrees/orders and legal
instruments insofar as applicable for ICCs/IPs
What are the Registry Books which shall be kept by
the City/Municipal Civil Registrar aside from the other registry books
that are currently kept by them for ICCs/IPs?
1) Register of
Marriage Dissolution
2) Register of revocation of dissolution
of marriage
What are the Forms to be Used?
1) Municipal Form
No. 102 (IP Form No.1)
2) Municipal Form No. 103 (IP Form No.2)
3) Municipal Form No. 97 (IP Form No. 3)
4) IP Form No. 4 (Certificate of
Dissolution of Marriage)
5) IP Form No. 5 (Statement of Revocation
of Dissolution of Marriage)
What are the Requirements for Registration
of Birth of ICCs/IPs?
If person is below
18 years old:
1. Four (4)
copies of the Certificate of Live Birth (COLB) with Attachment IP Form
1 duly accomplished and signed by the proper parties. The name of
the child maybe.
° one name/indigenous/tribal name
° first name/middle name and last name not following filial
relationship
° first name, middle name and last name according t filial
relationship
° other names
If delayed registration:
1.
Accomplished affidavit for delayed registration at the back of the COLB
by the father, mother or guardian.
2. Any two of the following documentary
evidences which may show the name of the child, date and place of
birth, and name of mother (and name of father if acknowledged)
a) bptismal certificate;
b) school records (nursery kindergarten,
or preparatory);
c) income tax return of parent/s;
d) insurance policy;
e) medical records; and
f) certification from tribal chieftain/leaders for the existence
of the tribe in the area.
3. Affidavit of two (2) disinterested
persons who might have witnessed or known the birth of the child
If person is 18 years old and above:
1) all
requirements for a child who is below 18 years old; and
2) Certification of marriage, if
married.
What are the requirements for Registration
of Death of ICCs/IPs?
1) Four (4)
copies of the Certificate of Death with Attachment IP Form 2 duly
accomplished and signed by proper parties;
If delayed registration:
2) Affidavit
of delayed registration which shall be executed in hospital/clinic
administrator if the person died in hospital, clinic and similar
institution, or if person died elsewhere, by attendant at death.
The affidavit shall state the following:
-
name of the deceased
- facts of death
- date and place of
burial/cremation
- cause of not
reporting the event within 30 days.
3) Approval
for registration by the health officer in the box provided in the
Certificate of Death
What are the requirements for Registration of
Marriage of ICCs/IPs?
If delayed
registration:
1)
The testimony of authorized community elders, solemnizing officers or
authorities of traditional socio-political structures and stating the
facts and circumstances of marriage.
What are the Requirements for Registration of
Dissolution of Marriage of ICCs/IPs?
1) Five (5)
copies of Certificate of Dissolution of Marriage duly accomplished and
signed by the proper parties;
2) Certification
from NCIP Provincial Office (of the area where the marriage was
celebrated) stating that the parties are members of a particular ICC/IP
and that tha marriage dissolution was made in accordance with customary
law and practice.
What are the Requirements for Registration
of Revocation of Dissolution of Marriage of ICCs/IPs?
1) Five (5)
copies of Statement of Revocation of Dissolution of Marriage duly
accomplished and signed by the proper parties.
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