Page 1 of 22

CIVIL REGISTRATION LAWS

Republic Act No. 10172
Republic Act No. 9858
Republic Act No. 9255
Republic Act No. 9048
Presidential Decree No. 1083
Presidential Decree No. 856
Act No. 3753
Act No. 3613
 Page 2 of 22

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

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 shall
be changed or corrected without a judicial
order, except for clerical or 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 or 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 terms shall 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 of day and month in the date of
 Page 3 of 22

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 or 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 for correction of a clerical or
typographical error, or for change of first 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 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.

No petition for correction of erroneous entry

concerning the date of birth or the sex of a
person shall be entertained except if the
petition is accompanied by earliest school
 Page 4 of 22

record or earliest school documents such as,

but not limited to, medical records, baptismal
certificate and other documents issued by
religious authorities; nor shall any entry
involving change of gender corrected except if
the petition is accompanied by a certification
issued by an accredited government physician
attesting to the fact that the petitioner has not
undergone sex change or sex transplant. The
petition for change of first name or nickname,
or for correction of erroneous entry concerning
the day and month in the date of birth or the
sex of a person, as the case may be, shall be
published at least once a week for two (2)
consecutive weeks in a newspaper of general
circulation.

Furthermore, the petitioner shall submit a

certification from the appropriate law
enforcements, 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: first 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.

SEC. 4. Section 8 of the Act is hereby amended to read

as follows:

SEC. 8. Payment of Fees. The city or

municipal civil registrar or 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.

The fees collected by the city or municipal civil

registrar or the consul general pursuant to this
Act 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.
 Page 5 of 22

SEC. 5. Separability Clause. If any provision of this

Act shall at any time be found to be unconstitutional or
invalid, the remainder thereof not affected by such
declaration shall remain in full force and effect.

SEC. 6. Repealing Clause. Any laws, decrees, rules or

regulations inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause. This Act shall take effect

fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation

REPUBLIC ACT NO. 10172 IMPLEMENTING RULES

AND REGULATIONS
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012

Subject: RULES AND REGULATIONS GOVERNING

THE IMPLEMENTATION OF 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 Act Numbered Ninety Forty-Eight.)

Pursuant to Section 2 of Act No. 3753, the Office

of the Civil Registrar General (OCRG) hereby
promulgates the following rules and regulations
of Republic Act No. 10172 which was approved on
August 15, 2012 for the information, guidance
and compliance of all concerned parties.

PRELIMINARY STATEMENT

Commonwealth Act No. 591 mandates the

National Statistics Office (NSO) through the OCRG
to carry out and administer the provisions of Act
 Page 6 of 22

No. 3753 otherwise known as the Civil Registry

Law.

This Order shall be suppletory to Administrative

Order No. 1, Series of 2001 (Implementing Rules
and Regulations, Republic Act No. 9048).

Republic Act No. 10172 amended Sections 1, 2, 5

and 8 of Republic Act No. 9048. 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, 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 or municipal
civil registrar (C/MCR) or consul general in
accordance with the provisions of this Act and its
implementing rules and regulations.

IMPLEMENTING RULES AND REGULATIONS

Rule 1. Authority to Correct Clerical or

Typographical Error

The duly appointed C/MCR in accordance with

the provisions of the existing laws, including the
Consul General, are hereby authorized to correct
clerical or typographical errors in the day and
month (date of birth) or sex of a person in the
civil register for birth.

Rule 2. Definition of Terms

As used in these rules, the following terms shall

mean:

2.1. 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 on the entry of day and
month in the date of birth or the sex of the
person, which is visible to the eyes or
obvious to the understanding, and can be
corrected or changed only by reference to
other existing record or records: Provided,
however, that no correction must involve
 Page 7 of 22

the change of nationality, age (refers to

the correction on the year of birth), or
legitimacy status of the
petitioner/document owner.

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
 Page 8 of 22

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 place where 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
 Page 9 of 22

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 of 2001, shall be observed.

Rule 6. Form and content of the petition

Insofar as applicable, Rule 8 of Administrative

Order No. 1, Series of 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 record, which 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 publisher 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 that the petitioner
has not undergone sex change or sex
transplant.

Rule 7. Posting and publication of the petition.

 Page 10 of 22

Insofar as applicable, Rule 9 of Administrative

Order No. 1, Series of 2001 shall be observed.

Rule 8. Duties of the C/MCR

Insofar as applicable, Rule 10 of Administrative

Order No. 1, Series of 2001 shall be observed.
In addition, the C/MCR shall issue a certification
on the authenticity of 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

Insofar as applicable, Rule 11 of Administrative

Order No. 1, Series of 2001 shall be observed.

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/or
month in the date of birth or sex. An indigent
petitioner shall be exempt 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.
 Page 11 of 22

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 all Philippine 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.

 Page 12 of 22

REPUBLIC ACT NO. 9858

AN ACT PROVIDING FOR THE LEGITIMATION OF
CHILDREN BORN TO PARENTS BELOW MARRYING
AGE, AMENDING FOR THE PURPOSE THE FAMILY
CODE OF THE PHILIPPINES, AS AMENDED

Section 1. Article 177 of Executive Order No. 209,

otherwise known as the "Family Code of the
Philippines", as amended, is hereby further amended
to read as follows:
"Art. 177. Children conceived and born outside of
wedlock of parents who, at the time of conception of
the former, were not disqualified by any impediment
to marry each other, or were so disqualified only
because either or both of them were below eighteen
(18) years of age, may be legitimated."
"Art. 178. Legitimation shall take place by a
subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the
legitimation."
Section 2. Implementing Rules. The civil Registrar
General shall, in consultation with the chairpersons of
the Committee on Revision of Laws of the House of
Representatives and the Committee on Youth, Women
and Family Relations of the Senate, the Council for the
Welfare of Children, the Department of Justice (DOJ),
the Department of Foreign Affairs (DFA), the office of
the Supreme Court Administrator, the Philippine
Association of Civil Registrars (PACR) and the UP Law
Center, issue the necessary rules/regulations for the
effective implementation of this Act not later than one
(1) month from its effectivity.
Section 3. Repealing Clause. All laws, presidential
decrees, executive orders, proclamations and/or
administrative regulations which are inconsistent with
the provisions of this Act are hereby amended,
modified, superseded or repealed accordingly.
Section 4. Effectivity Clause. This Act shall take effect
fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of
national circulation.
Approved,
Approved: DEC 20, 2009
 Page 13 of 22

REPUBLIC ACT NO. 9255

ADMINISTRATIVE ORDER NO. 1
Series of 2016

REVISED IMPLEMENTING RULES AND REGULATIONS

OF REPUBLIC ACT NO. 9255 (An Act Allowing
Illegitimate Children to Use the Surname of Their
Father, Amending for the Purpose Article 176 of
Executive Order No. 209, Otherwise Known as the
"Family Code of the Philippines")

As mandated by Republic Act No. 10625, the Civil

Registrar General promulgates the Revised
Implementing Rules and Regulations of Republic Act
No. 9255 based on the Supreme Court Ruling in the
case of "Grande vs . Antonio ", G.R. 206248 dated
February 18, 2014.

Rule 1. Coverage

This Revised Implementing Rules and Regulations shall

apply to all illegitimate children born during the
effectivity of R.A. No. 9255 ;

Rule 2. Definition of Terms

As used in this Revised Implementing Rules and

Regulations , the following terms shall mean:

2.1 Public Document refers to the Affidavit of

Admission of Paternity and other public documents
enumerated under Memorandum Circular 04-12
dated October 18, 2004 attached as Annex A.

2.2 Private Handwritten Instrument is an instrument in

the handwriting of the father and duly signed by him
where he expressly recognizes the paternity of the
child during his life.time.

2.3 Affidavit to Use the Surname of the Father (AUSF)

is an instrument executed in order to use the surname
of the father . The AUSF is a registrable document.

2.4 Local Civil Registry Office (LCRO) is a department in

the city or municipal government mandated to
perform civil registration functions .
 Page 14 of 22

2.5 Philippine Foreign Service Post (PFSP) refers to all

Philippine embassies , missions , consulates general
and other foreign service establishments maintained
by the Department of Foreign Affairs

(Section 5[k] of Republic Act No. 7157 (An Act Revising

Republic Act No. 708, as amended).

As used in this Revised Implementing Rules and

Regulations, the PFSP shall refer only to Embassies and
Consulates General of the Philippines abroad. The
Embassy is headed by an Ambassador while the
Consulate General is headed by a Consul General. The
Ambassador is the head of the PFSP while a Consulate
General is headed by the Consul General who has also
Consul and/or Vice Consul to assist him in the
performance of the consular functions. An Embassy
has a Consular Section and this is under the Consul
General who supervises the consular functions of the
Embassy.

2.6 The Civil Registrar General (CRG) is the head

of the Philippine Statistics Authority who has the
power to issue orders and instructions to the Local
Civil Registrars regarding the performance of their
duties.

2.7 Guardian refers to a person lawfully invested with

the power, and charged with the duty, of taking care of
one who, for defect of age, understanding, or self
control , is considered incapable of administering his
own affairs . The term "guardian " also refers to
those authorized to exercise substitute parental
authority over the child in default of parents or a
judicially-appointed guardian (Title IX, Family Code).
Those exercising substitute parental authority are the
following :

1) The surviving grandparent, as provided in Article

214, Family Code of the Philippines;

2) The oldest brother or sister, over 21 years of age,

unless unfit or disqualified (Article 216(2), Family Code;
and
 Page 15 of 22

3) The child's actual custodian , over 21 years of age ,

unless unfit or disqualified , as provided in Article
216(3), Family Code of the Philippines.

2.8 Certificate of Live Birth (COLB) or Municipal Form

No. 102 is the prescribed form used for the declaration
of facts and circumstances surrounding the birth of a
person for purposes of registration.

2.9 Report of Birth (ROB) is the prescribed form

used for the declaration of facts and circumstances
surrounding the birth of a person born abroad to
Filipino parentis for purposes of registration .

Rule 3. What to File

The following documents shall be filed at the LCRO or

PFSP for registration :

3.1 Affidavit of Admission of Paternity

3.2 Private Handwritten Instrument

3.3 Affidavit to Use the Surname of the Father

Rule 4. Who may file

The following persons are authorized to file at the

LCRO or PFSP:

4.1 The father , mother, the person himself , if of age,

or the guardian, may file the Affidavit of Admission of
Paternity.

4.2 The father , mother, the person himself, if of age,

or the guardian , may file the Affidavit to Use the
Surname of the father .

4.3 The father shall personally file the Private

Handwritten Instrument (PHI) , if the proof of filiation
is through a PHI, at the LCRO/PFSP for registration.

The mother , the person himself, if of age, or the

guardian , may file the PHI if the father is already
deceased. The PHI can be accepted provided there are
supporting documents to prove filiation .
 Page 16 of 22

Rule 5. Where to register

For births that occur in the Philippines , the Affidavit of

Admission of Paternity , Private Handwritten
Instrument or Affidavit to Use the Surname of the
Father executed in the Philippines shall be registered
at the LCRO of the place of birth.

For births that occur within or outside the

Philippines, the Affidavit of Admission of Paternity ,
Private Handwritten Instrument or Affidavit to Use
the Surname of the Father executed outside the
Philippines shall be registered at the PFSP of the
country of residence , or where there is none, to the
PFSP of the country nearest the place of residence
of the party concerned.

For births that occur outside the Philippines, the

Affidavit of Admission of Paternity, Private
Handwritten Instrument, or Affidavit to Use the
Surname of the Father executed in the Philippines shall
be registered at the Local Civil Registry Office of the
place of execution .

Rule 6. When to Register

The Affidavit of Admission of Paternity , Private

Handwritten Instrument, or the Affidavit to Use the
Surname of the Father shall be registered within
twenty (20) days from the date of execution.
Otherwise , the rules on delayed registration under
Administrative Order No. 1, Series of 1993 (IRR of Act.
No. 3753 and Other Laws on Civil Registration) shall
apply.

Rule 7. How to Register

7.1 The City/Municipal Civil Registrar (C/MCR), Consul

General , Consul, or Vice Consul shall examine the
completeness and correctness of entries in the
Certificate of Live Birth (COLB)/Report of Birth (ROB) ,
and the supporting documents . If there are
inconsistencies , the C/MCR, Consul Genera l, Consul ,
or Vice Consul, shall not accept the documents for
registration .

7.2 Accept the following documents for registration :

 Page 17 of 22

COLB/ROB
Affidavit of Admission of Paternity
Private Handwritten Instrument
Affidavit to Use the Surname of the Father

7.3 Record the entries of the COLB/ROB in the Register

of Births, Affidav it of Admission of Paternity , Private
Handwritten Instrument and the Affidavit to Use the
Surname of the Father in the Register of Legal
Instruments .

7.4 Annotate the COLB/ROB and enter the annotation

on the Remarks portion of the Register of Births.

7.5 Distribute the annotated COLB/ROB , registered

Affidavit of Admission of Paternity , Affidavit to Use
the Surname of the Father, or Private Handwritten
Instrument including any supporting document as
follows:
first copy to the CRG;
second copy to the LCRO/PFSP where the event was
registered;
third copy to the registrant/owner of the document;
fourth copy shall be retained for filing by the
LCRO/PFSP.

7.6 Issue certified copies of COLB/ROB or certified

transcription (LCR Form 1A) with annotations and cert
ified copies of the Affidavit of Admission of Paternity,
AUSF, and Private Handwritten Instrument.

Rule 8. Effects of Recognition

8.1 As a rule, an illegitimate child not acknowledged

by the father shall use the surname of the mother.

8.2 Illegitimate child acknowledged by the father shall

use the surname of the mother if no AUSF is executed.

8.3 An illegitimate child aged 0-6 years old

acknowledged by the father shall use the surname of
the father, if the mother or the guardian , in the
absence of the mother , executes the AUSF.

8.4 An illegitimate child aged 7 to 17 years old

acknowledged by the father shall use the surname of
the father if the child executes an AUSF fully aware of
 Page 18 of 22

its consequence as attested by the mother or

guardian .

8.5 Upon reaching the age of majority , an illegitimate

child acknowledged by the father shall use the
surname of his father provided that he executes an
AUSF without need of any attestation .

Rule 9. Annotations

9.1 For births not yet registered:

9.1.1 Without Affidavit to Use the Surname of the

Father

a. If Affidavit of Admission of Paternity at the back of

the COLB is executed and there is no AUSF executed by
the mother or the person himself , the child shall be
registered under the surname of the mother. There
shall be no annotation on the COLB. However, there
shall be annotation on the Remarks Column of the
Register of Births as follows:

"Acknowledged by (name of father) on (date of

execution of the Affidavit of Admission of Paternity)."

b. If a separate Affidavit of Admission of Paternity is

executed and there is no AUSF executed by the mother
or the person himself, the child shall be registered
under the surname of the mother. There shall be an
annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:

"Acknowledged by (name of father) on (date of

execution of the Affidavit of Admission of Paternity)
under (Registry No. of the Affidavit of Admission of
Paternity)."

c. If a Private Handwritten Instrument is executed and

there is no AUSF executed by the mother or the
person himself, the child shall be registered under
the surname of the mother . There shall be an
annotation on the COLB/ROB and on the Remarks
Column on the Register of Births as follows:

"Acknowledged by (name of father) under (Registry

No. of the Private Handwritten Instrument)."
 Page 19 of 22

9.1.2 With Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity at the back of

the COLB is executed and an AUSF is executed by the
mother or the guardian, in the absence of the mother,
or the person himself , the child shall be registered
under the surname of the father . There shall be no
annotation on the COLB. However , there shall be
annotation on the Remarks Column of the Register of
Births as follows :

"Acknowledged by (name of father) on (date of

execution of the Affidavit of Admission of Paternity)
pursuant to RA 9255. "

b. If Affidavit of Admission of Paternity is executed in a

separate public document , and an AUSF is executed by
the mother or the guardian , in the absence of the
mother, or the person himself , the child shall be
registered under the surname of the father. There shall
be an annotation on the COLB/ROB and on the
Remarks Column of the Register of Births as follows:

"Acknowledged by (name of father) on (date of

execution of the Affidavit of Admission of Paternity)
under (Registry No. of the Affidavit of Admission of
Paternity)" pursuant to RA 9255."

c. If a Private Handwritten Instrument is executed and

an AUSF is executed by the mother or the guardian, in
the absence of the mother or the person himself , the
child shall be registered under the surname of the
father. There shall be an annotation on the COLB/ROB
and on the Remarks Column of the Register of Births as
follows:

"Acknowledged by (name of father) under (Registry

No. of the Private Handwritten Instrument)" pursuant
to RA 9255. "

9.2 For births previously registered under the

surname of the mother and not acknowledged by the
father
 Page 20 of 22

9.2.1 Without Affidavit to Use the Surname of the

Father

a. If Affidavit of Admission of Paternity is executed in a

separate public document and there is no AUSF
executed by the mother or the guardian , in the
absence of the mother, or the person himself , the
COLB/ROB and on the Remarks Column of the
Register of Births shall be annotated as follows :

"Acknowledged by (name of father) on (date of

execution of the Affidavit of Admission of Paternity)
under (Registry No. of the Affidavit of Admission of
Paternity) ."

b. If a Private Handwritten Instrument is presented

and there is no AUSF executed by the mother or the
guardian , in the absence of the mother , or the
person himself , the COLB/ROB and on the Remarks
Column of the Register of Births shall be annotated as
follows:

"Acknowledged by (name of father) under (Registry No.

of the Private Handwritten Instrument)."

9.2.2. With Affidavit to Use the Surname of the Father

a. If Admission of Paternity is executed in a separate

public document , and an AUSF is executed by the
mother or the guardian , in the absence of the
mother , or the person himself , the child shall use
the surname of the father . There shall be an
annotation in the COLB/ROB and on the Remarks
Column of the Register of Births as follows :

"Acknowledged by (name of father) on (date of ex

ecution of the Affidavit of Admission of Paternity)
under (Registry No. of the Affidavit of Admission of
Paternity). The child shall be known as (full name of the
child) pursuant to RA 9255."

b. If a Private Handwritten Instrument is presented and

an AUSF is executed by the mother or the guardian , in
the absence of the mother , or the person himself,
the child shall use the surname of the father . There
shall be an annotation on the COLB/ROB and on
 Page 21 of 22

the Remarks Column of the Register of Births as

follows:

"Acknowledged by (name of father) under (Registry No

of the Private Handwritten Instrument)." The child shall
be known as (full name of the child) pursuant to RA
9255."

9.3 For births previously registered using the surname

of the mother and the child is acknowledged by the
father

9.3.1 With Affidavit to Use the Surname of the Father

If the AUSF is executed by the mother or the guardian ,

in the absence of the mother , or the person himself ,
the child shall use the surname of the father. There
shall be an annotation on the COLB/ROB and on the
Remarks Column of the Register of Births as follows :

''The child shall be known as (full name of the child)

pursuant to RA 9255."

Rule 10. Separability Clause

If any provision of this Revised Implementing Rules and

Regulations is declared void or unconstitutional , the
remaining portions or provisions thereof shall not be
affected by such declaration .

Rule 11. Repealing Clause

All circulars , memoranda , rules and regulations or

parts thereof inconsistent with the provisions of this
Revised Implementing Rules and Regulations are
hereby repealed or modified accordingly.

Rule 12. Effectivity

This Revised Implementing Rules and Regulations shall

take effect 15 days after its publication in a newspaper
of general circulation in the Philippines .

Approved this 22nd of March 2016

LISA GRACE S. BERSALES, Ph.D.

 Page 22 of 22

National Statistician and Civil Registrar General