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What are the registrable documents under the Civil Registration Law of the Philippines?

Birth Application for Marriage License Marriage Death Legal nstruments Court Decrees! "rders #oundling Bac$ to #A%s Who are legitimate children? Children born after one hundred and eight& da&s following the celebration of the marriage' and before three hundred da&s following its dissolution or the separation of the spouses shall be presumed to be legitimate( )Art( *++' Civil Code of the Philippines, Children conceived or born during the marriage of the parents are legitimate( Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor are li$ewise legitimate children of the husband and his wife' provided that both of them authori-ed or ratified such insemination in a written instrument e.ecuted and signed b& them before the birth of the child( /he instrument shall be recorded in the civil registr& together with the birth certificate of the child( )Art( 012' #amil& Code of the Philippines, Bac$ to #A%s s the child considered legitimate although the mother ma& have declared against its legitimac&? /he child shall be considered legitimate although the mother ma& have declared against its legitimac& or ma& have been sentenced as an adulteress( )Art 013' #amil& Code of the Philippines, Bac$ to #A%s What are the rights of legitimate children? Legitimate children shall have the right4 0( /o bear the surnames of the father and the mother' *( /o receive support from them' from their ascendants' and in a proper case' from their brothers and sisters' in conformit& with article *50' and 6( /o the legitimate and other succesional rights which this Code recogni-e in their favor( )Art( *16' Civil Code of the Philippines, Bac$ to #A%s Does the practice of some #ilipino Muslim of using the first name of the father as the famil& name of the children violate the provisions on the use of surnames? Legitimate child have the right to bear the surname of the father and of the mother( )Art( 1*)a, of P( D( 0786 Code of Muslim Personal Law of the Philippines,

/he provisions of the law governing use of surnames were formulated in order to avoid confusion in the use of surnames' and to settle doubts on their proper use )Report of Code Commission' p( +0' cited in /olentino' 9upra' p( *30,' we are unable to find an& provision in the Muslim Code or the Civil Code which would authori-e the use of the name as the famil& name surname of the children of Muslim parents' the purposes of registration' especiall& in accomplishing the Certificate of Live Birth )Mun( #orm :o( 07*,( Accordingl&' unless the law is amended to reflect the alleged tradition or practice' the children should bear the famil& or surname of their father for registration purposes( )"pinion :o( 00*' 9eries of 058+' from the Minister of ;ustice <stelito P( Mendo-a, Bac$ to #A%s Who are illegitimate children? Children conceived and born out of a valid marriage are illegitimate' unless otherwise provided in the #amil& Code )Art( 01+' #( C(, Bac$ to #A%s Who are considered illegitimate children? /he following are illegitimate children4 0( Children born to couples who are not legall& married or of common=law marriages> *( Children born of incestuous marriages> 6( Children born bigamous marriages> 2( Children born of adulterous relations between parents> +( Children born of marriages void for reason of public polic& under Art 68 of the #amil& Code> 1( Children born of couples below 08' whether there are married )which married is void, or not> and 3( Children born of other void marriages under Art( 0+ unless otherwise provided( )"CR? Cir( :o( 85=06 dated ;ul& 03' 0585, Bac$ to #A%s What is the rule on the registration of births of illegitimate children who were born prior to August 6' 0588? llegitimate children as defined under the Civil Code of the Philippines who were born prior to August 6' 0588 and whose births were not previousl& registered shall be registered under the following rules in addition to those provided for dela&ed registration of births4 0( Recognition or ac$nowledgement of an illegitimate child ma& be made @ointl& b& the father and mother or b& onl& one of them )Art( *31' C( C(, When the father or the mother ma$es the recognition separatel&' he or she shall not reveal the name of the person with whom he or she had the child> neither shall he or she state an& circumstance whereb& the other parent ma& be identified )Art( *87' C( C(, *( An illegitimate child has the right to bear the surname of the parent recogni-ing him )par( 0' Art( *8*' C( C(, Aowever' an illegitimate child who

is not recogni-ed or ac$nowledged b& both parents in accordance with law shall be registered under the surname of the mother )"pinion :o( 023 9( 0581' Minister of ;ustice, 6( Recognition shall be made in the record of birth' a will' statement before a record' or an& authentic writing )Art( *38' C( C(,( f made on record of birth at the time of registration the affidavit of ac$nowledgement printed at the bac$ of the certificate of live birth shall be signed and sworn to @ointl& b& the parents of the illegitimate child' or onl& b& the mother if the father refuses )9ec( +' Act :o( 63+6,( Bac$ to #A%s Ma& an illegitimate child born on or after August 6' 0588 carr& the surname of the father if the father e.ecutes an affidavit of admission of paternit&? llegitimate children born on or after August 6' 0588 shall use the surname of the mother( )9ection 0 "CR? Circular :o( 2 dates "ctober 00' 0588, /he father of an illegitimate child who wishes to have his name indicated in item 06 of the Certificate of Live Birth shall e.ecute an affidavit of Admission of Paternit& in lieu of the affidavit of ac$nowledgement( /he purpose of affidavit of admission of paternit& is for the support and succession onl&' and it does not entitle the illegitimate child to use the surname of his father( )9ection * "CR? Circular :o( 2 dates "ctober 00' 0588, Bac$ to #A%s What is the rule on registration of births of illegitimate children who were born on August 6' 0588 and thereafter? /he following rules shall govern the registration of illegitimate children who were born on August 6' 0588 and thereafter4 0( An illegitimate child shall use the surname of his mother )Art( 031' #( C(, regardless of whether or not his father admits paternit&( )"pinion of the Civil Code Revision Committee' 9eptember *6' 0588, *( /he name of the father of the illegitimate child ma& be indicated on the birth certificate of the latter whenever the former e.ecutes an affidavit of admission of paternit&' provided that such affidavit shall not affect the naming of the illegitimate child( )"pinion of the Civil Code Revision Committee' 9eptember *6' 0588, 6( /he affidavit mentioned in the immediatel& preceding paragraph' if e.ecuted b& the father shall be permanentl& attached to and shall form part of the birth certificate of the illegitimate child( the birth certificate in such a case must have a remar$ BWith Attached Affidavit of Admission of Paternit&B impressed with a rubber stamp at the upper left=hand margin and dul& signed b& the local civil registrar or authori-ed civil registr& personnel( 2( llegitimate children falling under this classification who were not registered within the prescribed period of registration shall compl& with the reCuirement of dela&ed registration of births( )9ection 2 Circular :o( 85=06 dated ;ul& 03' 0585, Bac$ to #A%s

What consist the full name of an individual? /he full name of an individual consists of a first or given name' a middle name which is the motherDs maiden surname and the last name which is generall& the fatherDs surname( <ntries of names in the birth certificate should' as much as possible and legall& permissible' follow the above convention( ) ( M( p( 02, Bac$ to #A%s s it permissible to leave the first name of the child blan$ in case the parents cannot decide on the name &et? f until registration the parents are not decided on the first name for the child' write onl& the middle and last name but never write BBab& Bo& or Bab& ?irlB( <ntries such as B;r(B or B B affi.ed to an individualDs first name to distinguish him from an ascendant of the same name are acceptable as added identification( ) ( M( p( 02=0+, Bac$ to #A%s What are the rules in ma$ing the entr& of the last name of a child? #or a child born to a legall& married couple' write the last name of father> #or a child born to a mother who is not married during a pregnanc& and at the time of birth' the following rules shall appl&4 0( f the child was born on or after August 6' 0588' write the last name of the mother( *( f the child was born before August' 6 05884 <nter the last name of the father if both parents e.ecute the Affidavit of Ac$nowledgement at the bac$ of the Certificate of Live Birth( <nter the last name of the ac$nowledging parent if either the father or the mother alone ac$nowledges the child( n this case' no information should lead to the identit& of the parent not ac$nowledging the child' that is' the space provided for the information about the parent must have B:ot ApplicableB' or B:( A(B as entr&( f no parent ac$nowledges the child' enter the last name of the mother( ) ( M( p( 0+=01, Bac$ to #A%s What is the rule in the registration of the place of birth? 0( #or births that occur in hospital' clinic or institution' write the complete name and address of the hospital or institution( *( #or births that did not occur in an& of the above institution' write the complete address where birth occurred( ) ( M( p( 03, Bac$ to #A%s s it important to indicate the date and place of the marriage of the parents in certificate of live birth? t is e.tremel& important that this item )item 08, is not left blan$' otherwise' the legitimac& of the child will be Cuestioned( f the parents have forgotten the e.act date of their marriage' enter the appro.imate

&ear( f the& cannot appro.imate the &ear' enter BforgottenB( <nter B:ot ApplicableB if the child has un$nown father or mother( <nter BEn$nownB' BDonDt FnowB' BD( F(B if the informant could not suppl& the information( <nter B:ot MarriedB if the parents of the child are not legall& married on or before the birth of the child and their names appeared in tem 1 and tem 06( ) ( M( p( *2=*+, Bac$ to #A%s What is the implication if tem ** )Received at the "ffice of the Civil Registrar, is not signed b& the receiver? /he signature affi.ed in this item indicates that the certificate was filed and accepted b& the civil registrar( /he date indicates whether the birth certificates were filed within he reglementar& period( /he absence of the necessar& signature in the tem ** can be a basis for Cuestioning the validit& of the certificate( ) ( M( p( *3, Bac$ to #A%s What is meant b& an Bout=of=town Reporting of BirthB? An out=of=town reporting of birth is meant as4 An out=of=town reporting of birth occurs when the Certificate of Live Birth is presented to the civil registrar of a cit& or municipalit& which is not the place of birth' not for registration but to be forwarded to the civil registrar of the cit& or municipalit& where the birth occurred and where it should be registered( /he dut& of accepting Certificate of Live Birth for out=of=town reporting b& the concerned civil registrar ma& also be performed b& the Civil Registrar=?eneral or b& his authori-ed representatives who are the Regional Administrators and Provincial 9tatistics "fficers of the :ational 9tatistics "ffice( )Rule *7' A( "( :o 0' 9( 0556, Bac$ to #A%s What are the reCuirements to be complied with b& the concerned parties in the out= of=town reporting of birth? 0( /he part& who is appl&ing for out=of=town reporting of birth shall e.ecute an affidavit declaring therein' among other things' the facts of birth and the reasons wh& said birth was not recorded in the civil registrar of the cit& or municipalit& where it occurred( /he affidavit which must be attested b& at least two )*, witnesses' shall serve as an application for registration shall be submitted to the civil registrar together with four )2, copies of the Certificate of Live Birth> *( f the application is for dela&ed registration of birth' the reCuirements under the rules governing dela&ed registration of birth shall also be complied with> 6( /he civil registrar or the authori-ed representative of the :ational 9tatistics "ffice to the application for out=of=town reporting is presented ma& reCuire

from the applicant such other supporting papers as ma& be considered necessar& in establishing the facts of birth especiall& those pertaining to the date and place of birth and filiations of the child whose birth is being sought for registration> 2( /he Certificate of Live Birth' for the purpose of this Rule' shall have the marginal annotation in the form of the following remar$4 BRegistered pursuant to Rule *7 of the Administrative "rder :o( 0' 9( 0556B> and +( /he civil registrar of the cit& or municipalit& where the out=of=town reporting is sought' upon receipt of the Certificate of Live Birth and pertinent papers' shall proceed with the registration( Ae shall indicate the date when he received the document' and shall sign over his printed name in appropriate space in the Certificate of Live Birth( When the Certificate of Live Birth has been dul& recorded and assigned a registr& number' the civil registrar shall send bac$ the original cop& to the civil registrar or the authori-ed representative of the :ational 9tatistics "ffice who forwarded the Certificate of Live Birth' who in turn shall give the cop& bearing the registr& number to the registrant( )Rule *7' A( "( "rder :o 0' 9( 0556, Bac$ to #A%s What is the legitimation and who can be legitimated? 0( Legitimation is a remed& b& means of which those who in fact were not born in wedloc$ and should therefore' be considered illegitimate' are' b& fiction' considered legitimate' it being supposed that the& were born when their parents were alread& validl& married( )0 Manresa ++7' as cited on p( *+0' Aandboo$ on #amil& Code of the Philippines' Alicia G( 9empio=Di&, *( "nl& children conceived and born outside of wedloc$ of parents who' at the time of the conception of the former' were not disCualified b& an& impediments to marr& each other' ma& be legitimated( )Art( 033' #amil& Code, 6( Legitimation of children b& subseCuent marriage of parents shall be recorded in the civil registr& office of the place where the birth was recorded( /he reCuirements for registration of legitimation of illegitimate children are4 o Certificate of Marriage> o Certificate of Live Birth of the child> o Ac$nowledgement )not reCuired for illegitimate children born on or after August 6' 0588,> o Affidavit of legitimation e.ecuted b& both parents shall contain the following facts4 0( /he name of the parents> *( /hat at the time when child was conceived' the aforesaid parents could have contracted marriage' and that the& subseCuentl& contracted marriage> 6( /he date and place when such marriage was solemni-ed> 2( /he name of the officer who officiated the marriage> +( /he cit& or municipalit& where such marriage was recorded> 1( /he name of the child to be legitimated' and the other facts of birth> 3( /he date and place where the birth of the child was registered> and 8( /he manner b& which the child was ac$nowledged b& the

parents which ma& be in the childDs record of birth' in a will' a statement before a court of record' or an& authentic writing( )not reCuired for illegitimate children born on or after August 6' 0558, 2( #or a child to be considered legitimated b& subseCuent marriage' it is necessar& that4 o /he parents could have legall& contracted marriage at the time the child was conceived> o /he the child has been ac$nowledged b& the parents before or after the celebration of their marriage> and o /he ac$nowledgement has been made with the consent of the child' if age or with the approval of court' is a minor' unless it has been made in the certificate before the court of record' or in an& authentic writing( /he original famil& name of the child as appearing in Registrar of Births shall not be erased or deleted' but in the remar$s space shall be written BLegitimated b& 9ubseCuent MarriageB indicating the famil& name which the child shall bear b& virtue of the legitimation also giving reference to the entr& number in the Registrar of Legal nstruments( When the interested part& reCuests a cop& of the birth certificate of a legitimated child a certified cop& of the certificate of Live Birth bearing annotation BLegitimated b& 9ubseCuent Marriage on HHHHHHHHHH )date of marriage, at HHHHHHHHHH )place of marriage,B or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true cop& shall be issued( )Rule 11' A( "( :o( 0' 9( 0556, Bac$ to #A%s Aow does legitimation ta$e place? Legitimation shall ta$e place b& a subseCuent valid marriage between parents( /he annulment of a voidable marriage shall not affect the legitimation( )Art( 038' #amil& Code of the Philippines, Bac$ to #A%s What is adoption? Adoption ma& be considered a process Bto ta$e into oneDs famil& through legal means and raise as one ownDs childB( )the ?roiler nternational Dictionar&' Gol( 0' 05804 Aoughton Mifflin Compan&, Adoption is also defined as Ba @udicial act which creats between two persons a relationship similar to that which result from legitimate paternit& and filiationsB( )A Galverde 236' Cuoted in Prasnic$ vs( Rep( of the Phil( 11+,)Civil Law Reviewer b& Desiderio P( ;urado' 088* /welfth <dition with 9upplement published b& :ational Boo$ 9tore' nc(, Rule 0 "CR? Circular :o( 57=* dated March *8' 0557 li$ewise define Adoption as a legal process pursuant to P( D( :o( 176' as amended b& <.ecutive order :o( *75 )#amil& Code of the Philippines, in which a childDs legal right and duties toward his

natural parents are terminated and similar rights and duties toward his adoptive parents are substituted( Adoption is alwa&s a @uridical act )La-ati v( Campos' 5* 9CRA *+7, and it cannot be granted administrativel&( And because there can be no valid adoption without a court decree granting the same' a mere agreement of adoption between the adopters and the parents of the child is not a valid adoption )Inigo v( Republic' 5+ Phil( *22,' nor the mere fact that the child has lived with the alleged adopter who had treated him li$e his own child sufficient t establish a valid adoption between the alleged adopter and the child )La-atin v( Campos' 5* 9CRA *+7,( Bac$ to #A%s What are the reCuirements for registration of adoption? /he following documents shall be submitted to the local civil registrar for entr& in the Register of Court Decrees4 0( #our )2, copies of @udicial decree of adoption to be distributed as follows4 first cop& to the registrant' second cop& for the local civil registrar ma$ing the entr&' third cop& to the local civil registrar of the place where the birth of the child was originall& registered and the fourth cop& to the "ffice of the Civil Registrar=?eneral( *( #our )2, copies of the birth certificate of the adopted to be distributed in accordance with the immediatel& preceding paragraph( )"CR? Circular :o( 57=* dated March *8 0557 Bac$ to #A%s What are the reCuirements that shall be complied with b& concerned parties in the preparation and issuance of the Amended Certificate of Live Birth of the adopted child? /he following reCuirements shall be complied with b& the concerned parties4 0( Certification of registration of the adoption decree to be issued b& the civil registrar of the cit& or municipalit& where the adoption decree was recorded> *( Authenticated cop& of the adoption decree bearing registr& number and date of registration> 6( Cop& of the registered Certificate of Live Birth of the adopted child( f the birth of the adopted child was not previousl& registered in the civil registrar with the childDs natural parents under the rules governing dela&ed registration of birth> 2( f the adopted child was a foundling' the document to be amended in his Certificate of Live Birth based on the available information which ma& be obtained from the adopting parents' or from reliable and competent sources> +( /he amended Certificate of Live Birth shall be attached to the original Certificate of Live Birth of the child which is filed at the "ffice of the Civil Registrar> and 1( When the interested part& reCuests a cop& of the amended Certificate of Live Birth' the cop& to be issued shall not bear the annotation or an& remar$ that

will disclose the facts of the adoption( )Rule ++ A( "( :o( 0' 9( 0556,