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WE GOT MARRIED RECENTLY, CAN MY 2 YEAR OLD SON USE HIS FATHER’S SURNAME?

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CitizenServices Says:

 

Dear Mommy,

 

File for LEGITIMATION to the Local Civil Registrar Office (LCRO) where the birth of the child is registered. The requirements for registration of Legitimation of illegitimate children are:

  • Certified True Copy of Certificate of Marriage,
  • Certified True Copy of the Certified of Live Birth of the Child,
  • Acknowledgement of Paternity (if not acknowledged in the COLB),
  • Affidavit of Legitimation executed by both parents w/c shall contain the ff. facts:
    1. Names of the parents,
    2. that at the time when the child as conceived, the aforesaid parents could have contracted marriage and subsequently contracted marriage,
    3. date & place when such marriage was solemnized,
    4. name of the officer who solemnized/officiated the marriage,
    5. city/municipality where such marriage was recorded,
    6. name of the child to be legitimated, and other facts of birth,
    7. date & place where the birth of child was registered, and
    8. the manner by w/c the child was acknowledged by the parents w/c may be in the child’s record of birth, in a will, a statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after August 1988).

Repatriation and the oath of allegiance to the constitution & the Philippine Government shall be filed in the CRO of the city municipality where the instrument was executed. However, if the Philippine citizenship is re-acquired by naturalization, the order of the court granting citizenship shall be recorded in the Register of Court Decrees/Orders following the rules of registration of court decrees.

Steps

  1. Submission & Review of Required Documents
    Submit the required documents to CRO staff, who will review the submitted documents for annotation & registration.
  2. Payment of Fees
    Proceed to the City Treasurer’s Office for the payment of requisite fees.
  3. Record of Request
    Present your Official Receipt to the CRO staff who will record the request to the logbook.
  4. Registration of Legal Instrument/Annotation to the Affected
    Civil Registry Record CRO staff enters the legal instrument to the Registry Book, and annotates it to the affected record.
  5. Preparation of Annotated Record
    CRO Staff prepares the annotated civil registry record.
  6. Release of Documents EIC releases the document to the client.

 

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I FAILED TO REGISTER MY SON’S BIRTH WHO IS NOW 7 YEARS OLD, HOW CAN I REGISTER HIM?

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CitizenServices Says:

 

Dear Mommy,

 

  1. The requirements are: If the person is less than eighteen (18) years old, the following shall be required:
    • Four (4) copies of the Certificate of Live Birth duly accomplished and signed by the proper parties;
    • Accomplished Affidavit for Delayed Registration at the back of Certificate of Live Birth by the father, mother, or guardian, declaring therein, among other things, the following:
      1. name of child
      2. date and place of birth
      3. name of the father if the child is illegitimate and has been acknowledged by him;
      4. if legitimate, the date and place of marriage of parents; and reason for not registering the birth within thirty (30) days after the date of birth

    In case the party seeking late registration of the birth of an illegitimate child is not the mother, the party shall, in addition to the foregoing facts, declare in a sworn statement the recent whereabouts of the mother.

    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 the child has been acknowledged):

    • baptismal certificate;
    • school records (nursery, kinder-garten, or preparatory);
    • income tax return of parent/s;
    • insurance policy;
    • medical records; and
    • others, such as barangay captain’s certification.
    • Affidavit of two disinterested persons who might have witnessed or known the birth of the child.

    If the person is eighteen (18) years old or above.

    • All the requirements for the person who is less than eighteen (18) years old; and Certificate of Marriage, if married.
  2. Delayed registration of birth, like ordinary registration of birth, shall be filed at the Office of the civil Registrar of the place where the birth occurred.
  3. Upon receipt of the application for delayed registration of birth, the civil registrar shall examine the Certificate of Live Birth presented, whether it has been completely and correctly filled in and all requirements have been complied with.
  4. In the delayed registration of the birth of an alien, travel documents showing the origin and nationality of the parents shall be presented in addition to the requirements mentioned in Rule 25.

 

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MY HUSBAND WOULD LIKE TO ADD OUR YOUNGEST CHILD AS DEPENDENT IN SSS, HOW CAN HE UPDATE HIS MEMBERSHIP?

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CitizenServices Says:

 

Dear Mommy,

 

Changes in a member’s record should be reported immediately to the nearest SSS office by accomplishing SSS Form E-4 (Member’s Data Amendment) and submit a photocopy of the following:

birth or baptismal certificate of children for new/ additional /change of dependents/beneficiaries.

In the absence of the above-mentioned documents, submit a Certificate of Loss or Non-availability of the documents from the Local Civil Registrar of the place where the member was baptized and any two (2) of the following secondary documents, one of which with recent photo and date of birth, are acceptable:

  • Record of Employment
  • GSIS member’s Record
  • Certificate from the National Archives
  • Alien Certificate of Registration (ACR)
  • Birth Certificate of Children
  • Certificate of Naturalization issued by the Bureau of Immigration
  • Marriage Contract
  • Driver’s License issued by LTO
  • School records
  • Voter’s ID Card or Affidavit duly authenticated by COMELEC
  • TIN card
  • Life Insurance Policy
  • NBI Clearance
  • Pag-ibig Member’s Data Form
  • PHIC Member’s Record
  • Permit to carry firearms issued by the Fire & Explosives Unit, Camp Crame
  • Certification from the Office of the Cultural Minorities (Aetas, Negritoes, Mangyans, Manobos, Etc.)

For Muslim members, a certificate from the Sharia Court should always be attached to the supporting documents for the following member’s data change requests:

  1. marriage certificate for change of civil status;
  2. certificate of divorce for divorce
  3. certificate of conversion for conversion

WHAT ARE THE STEPS IN APPLYING FOR A PASSPORT?

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CitizenServices Says:

 

Dear Mommy,

 

  1. Log on to http://www.passport.com.ph
  2. Click the “Set an Appointment” button
  3. Select a DFA office location nearest you (ASEANA, Alabang, Ali Mall, Manila, Megamall, Galleria)
  4. Enter the CAPTCHA code and click the “Start Individual Appointment Process” button.
  5. Fill up the online application form completely and click “Submit”
  6. Read the requirements list and click “Continue”
  7. Read the important reminders and click “Continue”
  8. Choose an appointment date and time
  9. Confirm and print your application form. Check this from your submitted email. You need to click the confirmation link to finalize your appointment.
  10. Go to your chosen DFA office on the time and date of your appointment.

These are the steps when applying for your passport onsite:

  1. Present your printed application form to the Verification Counter
  2. Proceed to the Processing Area and present your requirements
  3. Proceed to the Cashier to pay for the passport fees
  4. Proceed to the Encoding Area for biometrics
  5. Proceed to the Passport Delivery Counter to have your passport delivered to you after the release date

HOW CAN I CORRECT THE MISSPELLED NAME IN MY BIRTH CERTIFICATE?

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CitizenServices Says:

 

Dear Mommy,

 

The wrongly spelled first name in the birth certificate should be corrected by filing a petition for correction of clerical error under the provisions of Republic Act 9048.

Who Shall File

  • owner of the record
  • owners spouse
  • children
  • parents
  • brothers
  • sisters
  • grandparents
  • guardian
  • other person duly authorized by law or by the owner of the document sought to be corrected;
  • if owner of the record is a minor or physically or mentally incapacitated, petition may be filed by his spouse, or any of his children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

 

Where to File

  • If born in the Philippines
    • The petition shall be filed with the local civil registry office of the city or municipality where the birth is registered.
    • When the petitioner had already migrated to another place within the Philippines and it would not be practical for such party to appear in person with the civil registrar of the place of birth, the petition may be filed with the civil registry office where he/she is currently residing
  • If born abroad
    • If born abroad, with the Philippine Consulate where the birth was reported.

 

Supporting Documents

  1. Certified machine copy of the birth record containing the entry to be corrected;
  2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS/SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants;
  3. Notice/Certificate of Posting;
  4. Payment of one thousand Pesos (P1,000.00) as filing fee. For petitions filed abroad a fee of $50.00 or equivalent value in local currency shall be collected;
  5. Other documents which may be required by the concerned civil registrar.

 

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IF THE PARENTS ARE ABROAD, HOW CAN THEY APPLY FOR THEIR CHILD’S PASSPORT IN THE PHILIPPINES?

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CitizenServices Says:

 

Dear Mommy,

 

If both parents are abroad:

  • Affidavit of Support and Consent (ASC) executed by either parent indicating the name of the traveling companion (authenticated by the nearest Philippine Embassy or Consulate General). If minor is illegitimate, mother should execute the ASC.
  • Special Power of Attorney (SPA) with an attached photocopy of either parent’s valid passport (authenticated by the nearest Philippine Embassy or Consulate General) authorizing a representative in assisting the child to apply for a passport. If minor is illegitimate, mother should execute the SPA.
  • Original and photocopy of DSWD Clearance
  • Birth Certificate in SECPA of child
  • Marriage Certificate in SECPA of parents
  • Baptismal Certificate/school ID of child
  • There is no need to secure a DSWD Clearance if the minor traveling abroad has parents who are in the Foreign Service or living abroad or are immigrants, provided he/she is holding a valid pass such as a dependent’s visa / pass / identification card or permanent resident visa / pass / identification card which serves as proof that he / she is living with parents abroad.
  • Proper ID of the duly authorized representative (Please refer to List of Acceptable IDs)

 

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CAN AN ILLEGITIMATE CHILD USE HIS/HER FATHER’S SURNAME?

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CitizenServices Says:

 

Dear Mommy,

 

YES! Under RA 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”

“Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.”

 

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I’M A SINGLE MOM, HOW CAN I FILE MY CHILD’S BIRTH PROPERLY?

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CitizenServices Says:

Dear Mommy,

Birth Registration of Illegitimate Children

  1. Children conceived or born during the marriage of the parents are legitimate. Children conceived and born outside a valid marriage unless provided in the Family Code are illegitimate.
  2. An illegitimate child born before August 3, 1988 and acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, the illegitimate child shall carry the surname of the acknowledging parent. If no parent acknowledged the child, he/she shall carry the surname of the mother.
  3. The name/s of the acknowledging parent/s shall be indicated in the Certificate of Live birth,
  4. An illegitimate child born on or after August 3, 1988 shall bear the surname of the mother.
  5. An illegitimate child born or after the implementation of R.A. 9255 w/c took effect on June 2, 2004, fifteen days after its publication, the child can use the surname of the father if acknowledged. And still, if no parent acknowledged the child, he/she shall carry the surname of the mother.

 

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IN THE ABSENCE OF PARENTS, WHO ARE RESPONSIBLE IN REPORTING A CHILD’S BIRTH?

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CitizenServices Says:

 

Dear Mommy,

 

  1. When the birth occurred in a hospital or clinic or in a similar institution, the administrator thereof shall be responsible for causing the registration of such birth. However, it shall be the attendant at birth who shall certify to 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, or anybody who attended 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.It shall be the duty of the person concerned to accomplish and send four (4) copies of the Certificate of Live Birth to the civil registrar for registration. After registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days from receipt thereto as follows:
    1. First copy to the registrant,
    2. Second copy to the Civil Registrar-General,
    3. Third copy to be retained in the file of the city/ municipal civil registrar,
    4. Fourth copy to the attendant at birth or the hospital/ clinic administrator as the case may be.

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