2017 HALAD PARA SA KAPWA EMPLEYADO:

Slides:



Advertisements
Similar presentations
SUPPLEMENTAL REGISTRATIONS Linda Rodriguez, Program Specialist Training Coordinator
Advertisements

The Least You Need to Know: Marriage Registration Statutes Derek Johnson, Field Services Vital Statistics Unit.
What Gives You the Right? MN Statutes & Rules Governing Birth Registration.
Getting Married in New York State
European Enforcement Order for uncontested claims
History of Vital Records Presented by Deborah Little-Bowser March 5, 2008.
THE BASICS OF CONSENT LAW Sheniece Smith, Esq.. BASICS State and federal laws require patients to have the right to consent to health care decisions.
FLOW CHART 1 Foreign Reciprocating Country (FRC) Seeks Paternity Establishment Through State IV-D Agency When Noncustodial Parent (NCP) is Living on a.
A PRESENTATION To the Workshop on the Improvement of Civil Registration and Vital Statistics in SADC Region Department of National Registration, Passport.
The Name Equality Act of 2007 AB 102 (Chapter 567, Statutes of 2007)
Issuing and Registering Marriage Licenses This presentation pertains to marriage licenses issued on or after 01/01/2009.
8. YEARS OF EXISTANCE OF REGISTER OF CIVIL STATUS IN SLOVENIA mag. Alenka Colja Bled,
Applying for Citizenship in Ireland by naturalisation. Presentation by Brian Killoran Information and Referral Service Coordinator Immigrant Council of.
Thank you for joining us today. Please ensure you call into the conference call number at or if your outside the U.S. The pass.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 53: Family Law Chapter 53: Family Law Business Law Legal, E-Commerce,
Massachusetts Registry of Vital Records and Statistics June, 2007 Extending Marriage Benefits to Same-Sex Couples: Massachusetts
RA 9858.
Court Decrees and Legal Instruments Affecting Marriage Agnes VST Devanadera Acting Secretary of Justice & Solicitor General.
1 The Constitution and the Family in Japan Shigenori Matsui University of British Columbia.
LOGO CIVIL REGISTRATION AND VITAL STATISTICS SYSTEM OF VIET NAM.
United Nations Workshop on Principles and Recommendations for a Vital Statistics System, Revision 3, for African English-speaking countries Addis Ababa,
Employment Eligibility Verification The I-9 Form Bluefield State College New River Community & Technical College.
BACKGROUND HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION INTER-COUNTRY ADOPTION ACT OF 1995 DOMESTIC.
2010 World Programme on Population and Housing Censuses Workshop on Civil Registration and Vital Statistics in the UNESCWA Region Cairo, Egypt, December.
United Nations Workshop on Principles and Recommendations for a Vital Statistics System, Revision 3, for African English-speaking countries Addis Ababa,
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 FAMILY LAW © 2010 Pearson Education, Inc., publishing as Prentice-Hall CHAPTER 53.
Third Regional Asian and Pacific Workshop on Production and Use of Vital Statistics Daejeon, Republic of Korea, 26 – 30 May 2014 Third Regional Asian and.
Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 Session 6.
United Nations Workshop on Principles and Recommendations for a Vital Statistics System, Revision 3, for African English-speaking countries Addis Ababa,
United Nations Workshop on Principles and Recommendations for a Vital Statistics System, Revision 3, for African English-speaking countries Addis Ababa,
"Human Rights and the European Union Regulations on Private International Law : the needs to protect the right of family members " Elisabetta Bergamini.
United Nations Workshop on Principles and Recommendations for a Vital Statistics System, Revision 3, for African English-speaking countries Addis Ababa,
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 2– Freedom Movement for Workers Bilateral.
“ S OLEMNIZATION AND REGISTRATION OF MARRIAGES OUTSIDE OF THE PHILIPPINES”
Mrs. Millard Family Relations.  Bride and groom both have to be 16, except in the case of pregnancy, verified by a doctor’s certificate  Legal guardian,
Guidance Process and Procedure for Entry and Exit visa for INGOs VIETNAM UNION OF FRIENDSHIP ORGANIZATIONS PEOPLE’S AID COORDINATING COMMITEE Final/Nov.
Renata Androsovych Prawo. The spouses have equal rights and obligations in marriage. They are obliged to conjugal life, to mutual help and faithfulness.
Lecture number 12 Topic: Basic rights, freedoms and duties of man and citizens in the Republic of Uzbekistan.
Family Law Final: The Law, From birth until death
Surrogacy Lunchbox Seminar 3 February 2016 Deborah Awyzio
Wyoming Statutes §§ through
MARRIAGE & DE FACTO RELATIONSHIPS
Civil registration system and its use for vital statistics
Recognition and enforcement of foreign judgments and arbitral awards in Russia Roman Zaitsev, PhD, Partner 05/09/2018.
Civil Registration Process: Place, Time, Cost, Late Registration
Section 20.1 Marriage Laws. Section 20.1 Marriage Laws.
Rhema ministerial association Australia
Philippine Statistics Authority
Bellwork.
SUPPLEMENTAL REGISTRATIONS
The Need for a Civil Registration System
Workshop for selected National CRVS Focal Points December 2017
CRVS in Russia Federation
Republic of the Philippines
SESSION 2. Guiding Principles of the Vital Statistics System
Thailand presentation
Disability Services Agencies Briefing On HIPAA
Saint Mary’s First Nation Membership Department
ISFL World Conference 2017 Amsterdam, VU University Amsterdam
Principles and Recommendations - History
Session 6. The Role of Health Institutions
Session 7. The Role of Health Institutions
CHALLENGES TO VOTER REGISTRATION APPLICATIONS AND REGISTERED VOTERS
Session 6. The Role of Health Institutions
FLOW CHART 1 Foreign Reciprocating Country (FRC) Seeks Paternity Establishment Through State IV-D Agency When Noncustodial Parent (NCP) is Living on a.
Family Law: Marriage, Divorce & the Family
Obtaining Proof of Decision-Making Authority
Freedom of movement of workers in the EU
Civil Registration Division Registration Administration Bureau Department of Provincial Administration Ministry of Interior By…….Mr.Susorot Pungboon.
Presentation transcript:

2017 HALAD PARA SA KAPWA EMPLEYADO: Republic of the Philippines PHILIPPINE STATISTICS AUTHORITY Negros Oriental Provincial Office 2017 HALAD PARA SA KAPWA EMPLEYADO: Lecture on Civil Registration Department of Education Division of Negros Oriental September 18, 2017

Republic Act No. 10625 Philippine Statistical Act of 2013

Philippine Statistics Authority 02/20/2017 Was created by virtue of Republic Act 10625, otherwise known as the “Philippine Statistical Act of 2013” was signed into law by then Pres. Benigno Simeon C. Aquino III on September 12, 2013.

Philippine Statistics Authority 02/20/2017 It merged four major statistical agencies of the government, namely: National Statistics Office (NSO) National Statistics Coordination Board (NSCB) Bureau of Agricultural Statistics (BAS) Bureau of Labor and Employment Statistics (BLES)

Philippine Statistics Authority FUNCTIONS It serves as the central statistical authority on primary data collection It conducts censuses on different sectors of the Philippine economy such as population, housing, agriculture, fisheries and business It collects, compiles, analyzes and publishes statistical information on the economic, social, demographic, political affairs and general affairs of the people of the Philippines

Philippine Statistics Authority It enforces the civil registration functions in the Philippines Issue certifications and authenticate civil registry documents Archive civil registry documents Generate and disseminate vital statistics report Process annotated civil registry documents affected by Court Decrees, Legal Instruments, Republic Act 9048, Republic Act 10172 and Supplemental Reports. Provides technical supervision over local civil registry offices.

Halad Para sa Kapwa Empleyado RATIONALE

Presidential Proclamation No. 1106 Signed by former Pres. Benigno Simeon C. Aquino, which declares the Years 2015 – 2024 as the Civil Registration and Vital Statistics (CRVS) Decade

Presidential Proclamation No. 1106 The order reads, “The Philippines values the importance of civil registry documents to establish identity and civil statues, supports universal civil registration, and commits itself to producing accurate, complete, and updated vital statistics.”

Presidential Proclamation No. 1106 All agencies and instrumentalities of the National Government and local government units, including government-owned or -controlled corporations, in consultation with the private sector, development partners and the citizenry, are hereby enjoined to actively support all activities and programs relevant to the Get every Pinoy and Pinay in the Picture.”

CIVIL REGISTRATION SYSTEM 02/20/2017 CIVIL REGISTRATION SYSTEM

What is Civil Registration? 02/20/2017 the continuous, permanent and compulsory recording in appropriate Registers, of all vital events in life of an individual such as birth, marriage, death as well as legal instruments and judicial orders affecting civil status. 12

What are its importance? 02/20/2017 Legally - as prima facie evidence of facts surrounding the event to establish the occurrence of birth, death or marriage 2. Statistically – to provide data which is essential in development planning. Birth records determine a person’s legal identity (name and nationality or citizenship), age, dependency, inheritance rights and others. Marriage records establish the fact of the occurrence of marriage as proof of parentage to confer legitimacy, inheritance rights, insurance benefits, pensions and other legal matters or benefits that relate to a married man and his wife and their children. Death records provide legal facts relevant to claims of inheritance, insurance and settlement of properties of the deceased.

What are the registrable act and events? 02/20/2017 Live Birth » is the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life. 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. Death » refers to the permanent disappearance of all evidence of life at any time after live birth has taken place.

What is Civil Registration? 02/20/2017 Foundling » is a deserted or abandoned child found, with parents, guardian or relatives being unknown; or a child committed to institution, unknown facts of birth and parentage Legal instrument » is a sworn statement in a form of affidavit which affects the civil status of person (e.g., legitimation, acknowledgment and marriage settlements) Court decree » is a judicial order that affects the civil status of person (e.g., legal separation, annulment of marriage, and adoption)

Uses of Civil Registry Documents Entrance to School Board Examination Application for Jobs (local / abroad) Obtaining Passports Application for VISA Claiming Insurance Benefits (GSIS, SSS, PhilHealth) Others 02/20/2017

Registration procedure? 02/20/2017 Place of Registration: As a general rule, the place of registration is the city or municipality where the event occurs.

Requirements for Late Registration 02/20/2017 Number of days Reglementary period Kind of Doc. Requirements for Late Registration Affidavit of Delayed Registration 2 Documents Proving Birth of Child Affidavit of 2 Disinterested Persons Certificate of Marriage, if married Birth 30 days Affidavit of Delayed Registration Authenticated copy of Cert. of Burial Approval for registration by the Health Officer Death 30 days Legal capacity of the contracting parties who must be male and female Consent freely given in the presence of the solemnizing officer Authority of the solemnizing officer Valid marriage license Marriage ceremony, appearance of the contracting parties before the solemnizing officer, personal declaration that they take each other as husband and wife, in the presence of not less than two witnesses of legal age 15 days with license 30 days exempt of license Affidavit of Delayed Registration Application for marriage license bearing date of issuance except those exempt from marriage license A certification issued by church or solemnizing officer Marriage

Modes of Request for issuance of birth, marriage, death SECPA Where Fees Duration CRS Serbilis Outlet (birth, marriage & death = Php 140.00); (CENOMAR / Advisory on Marriages = Php 195.00) More or less 30 minutes PSA Helpline Plus (for local only) (https://nsohelpline.ph) (birth, marriage & death = Php 350.00); (CENOMAR / Advisory on Marriages = Php 450.00) 2 to 7 working days PSA e-CENSUS (for local and abroad) (https://www.ecensus.com.ph/Default.aspx) Local (birth, marriage & death = Php 315.00); (CENOMAR / Advisory on Marriages = Php 415.00) Abroad (birth, marriage & death = USD 20.00); (CENOMAR / Advisory on Marriages = USD 25.00) Local = 3 to 9 working days Abroad = 6 to 8 weeks Batch Request Entry and Query System (BREQS) Payment depends on the LGU More or less 1 week

civil registry documents Issuance of copies of civil registry documents Relevant Laws

Presidential Decree No. 603 Article 7, the “record of a person’s birth shall be kept strictly confidential and no information relating hereto shall be issued except on the request of the following: The person himself, or any person authorized by him; His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor; The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth; In case of the person’s death, the nearest of kin. Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the court.

Republic Act No. 1073 Civil Registrar General issued Office Memorandum No. 2017-050 in support of Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012” Certificate of Marriage, Certificate of Death, Certificate of no Marriage (CENOMAR) and Advisory on Marriages, can only be issued by: The person himself, or through a duly authorized representative; His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor; The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth; In case of the person’s death, the nearest of kin.

Violations and Penalties of RA 10173 Unauthorized Processing of Personal Information and Sensitive Personal Information Accessing Personal Information and Sensitive Personal Information Due to Negligence Improper Disposal of Personal Information and Sensitive Personal Information Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes Unauthorized Access or Intentional Breach Concealment of Security Breaches Involving Sensitive Personal Information Malicious Disclosure Unauthorized Disclosure Combination or Series of Acts Imprisonment is from 6 months to 6 years + Php 100,000.00 to 5,000,000.00

Requirements for the issuance of SECPA If the claimant Requirements Owner Official receipt ID of the owner Parent ID of the claimant parent Son or Daughter NOTE: must be of legal age (18 and above) ID of the claimant child Spouse ID of the claimant spouse Copy of the marriage contract Legal guardian, if the owner is a minor ID of the legal guardian Original copy of the Affidavit of Guardianship

Requirements for the issuance of SECPA If the claimant Requirements Common-law spouse of a deceased person with minor child / children Official receipt ID of the common-law spouse Copy of the birth certificate of the child acknowledged by deceased parent or a copy of Affidavit of Acknowledgement, Admission of Paternity or copy of Authentic writing such as GSIS/SSS, Philhealth, insurance application or school cards signed by the father Nearest of kin of the deceased birth certificate owner (e.g. siblings, grandchildren, grandparents, aunt and uncle), if the deceased person has not married or the spouse is deceased, or no offspring; or the parents had already died ID of the nearest blood relative Copy of the Death Certificate of the Birth Certificate owner

Court Decrees and Legal Instruments that affect civil register

Republic Act No. 9048

Republic Act No. 9048 An act authorizing the city or municipal civil registrar, the consul general, or district / circuit registrar the to correct clerical or typographical error in an entry and/or change of first name or nickname in the civil register without need of judicial order. Consul general shall have the authority to correct clerical or typographical error in an entry and / or change of first name or nickname if the event occurred outside the Philippines. Example: Juan De la Cruz Santiago is born in Japan to Filipino parents. His record of birth is available in the PSA since his record of birth was reported in the Embassy of the Philippines in Japan. However, when he requested a PSA copy of his birth certificate, there are erroneous entries appearing on his birth certificate. To correct the clerical or typgraphical errors in his birth certificate, Juan may request for correction of clerical or typographical error under the provisions of RA 9048 from the consul general (CG) through the Office of the Consular Affairs, which is under the Department of Foreign Affairs.

Republic Act No. 9048 AMENDS ARTICLES 376 AND 412 OF THE CIVIL CODE ARTICLE 376 prohibits the changing of name or surname of a person without a judicial authority. ARTICLE 412 prohibits any correction or change of entry in a civil register without a judicial order.

Republic Act No. 9048 It authorizes the local civil registrar, the consul general to, or the district / circuit registrar Correct clerical or typographical errors in any entry appearing in the civil registry documents Change the first name of a person in his civil registry document under certain grounds specified under the law Limitations: Entries on the Nationality, Age, Sex and Status appearing in the Certificate of Live Birth

Examples of clerical or typographical errors under Republic Act No CLERICAL ERRORS Misspelling Juanito vs. Jaunito Omitted Letters Christopher vs. Cristopher Unnecessary letters were included Florante vs. Floriante

Province: Dumaguete City City/Mun: Negros Oriental Examples of clerical or typographical errors under Republic Act No. 9048 CLERICAL ERRORS Superimposed letter Mario vs. Matio r Hyphen is omitted Mag-aso vs Magaso Misplaced entries Province: Dumaguete City City/Mun: Negros Oriental 32

Examples of clerical or typographical errors under Republic Act No 02/20/2017 CLERICAL ERRORS Date is impossible / unreasonable 30 February 1999; 30 October 2096 Date of Marriage of Parents at child’s COLB is inconsistent with registered COM of parents civil wedding January 21, 1998 church wedding June 8, 1998 NOTE: RA 9048 is applicable to correct erroneous dates of birth, as shown in the example, since these are cases where the date is impossible / unreasonable. NOTE: Civil wedding, which was held on January 21, 1998, was the first to occur; while the church wedding held on June 8, 1998, was the second to occur. Question: Which of the event (wedding) should be registered? Answer: The first wedding, which is the civil wedding, shall be registered. What if in the birth certificate/s of child/ren, the second marriage – the church wedding – was the date and place entered in the date and place of marriage of parents? To correct the wrong date and place of marriage, a petition for correction of clerical and typographical error can be filed under the provision of RA 9048.

Examples of clerical or typographical errors under Republic Act No Other Clerical errors Da rwin Ari l Christino e

Change of First Name through Republic Act No. 9048 There should Grounds for changing of first name. First name is ridiculous, tainted with dishonor, or difficult to pronounce Examples Mirasoledanellamorenacharel to Mirasol Bb.Boy Jimmy to Jimmy Lucifer to Lucio

Change of First Name through Republic Act No. 9048 New first name has been habitually used and publicly known by that name Examples: Maria Cecilia to Ma. Cecilia Ricardo to Ricky

Change of First Name through Republic Act No. 9048 Change on first name will avoid confusion Example: Your name is Milagros Rose dela Cruz and your neighbor’s name is Milagros Rosy dela Cruz. All balikbayan boxes goes to Milagros Rosy dela Cruz instead to your name or address. Change from To Milagros Rose dela Cruz Rose Mila dela Cruz

Where to file the petition? At the Local Civil Registry Office (LCRO) where the record was registered. However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

Petition Fee Php 3,000.00 FILING FEE For clerical error An additional of Php 500.00 for migrant petitioner For change of first name Php 3,000.00 An additional of Php 1000.00 for migrant petitioner NOTE: An indigent petitioner shall be exempted from the payment of the fee.

REPUBLIC ACT NO. 10172

Republic Act No. 10172 An act further authorizing the City or Municipal Civil Registrar or the Consul General to correct clerical or typographical errors in the day and month in the date of birth or sex of a person appearing in the civil register without need of a judicial order, amending for this Purpose Republic Act 9048.

Republic Act No. 10172 City / Municipal Civil Registrar or the Consul General is authorized to correct clerical or typographical errors Day in the date of birth Month in the date of birth Sex in the birth certificate

Error in the day in the date of birth Examples of Republic Act No. 10172 Error in the day in the date of birth Juan dela Cruz was born in a hospital on August 19, 1974. He used the same date in his school and employments records. When he applied for a birth certificate, as required by DFA for passport application, the date of birth as shown in the birth certificate was August 20, 1974. The erroneous date of birth can be corrected through RA 10172

Error in the month in the date of birth Examples of Republic Act No. 10172 Error in the month in the date of birth Juan dela Cruz used January 26, 1988 as the date of birth since childhood days. He was baptized on February 1, 1988. When he requested for a copy of his birth certificate, he found out that the date of birth was recorded as “February 26, 1988”. Based on the evidence presented by Juan dela Cruz, the correct date of birth is January 26, 1988 and not February 26, 1988. The erroneous month of birth of Juan dela Cruz can be corrected through RA 10172.

No entry in the day / month Examples of Republic Act No. 10172 No entry in the day / month Juan dela Cruz was born on March 29, 1972. However, in the PSA copy, the entry appeared as “March 1972” only. In the LCRO, the date of birth appeared as “March 29, 1972”. The day of birth in the PSA copy can be corrected through RA 10172.   Juan dela Cruz was born on May 15, 1987. However, in the LCRO copy, the date of birth appeared as “May 1987”. In the PSA copy, the date of birth appeared as “May 15, 1987”. The day of birth in the LCRO copy can be corrected through RA 1017.

Where to file the petition under RA 10172? at the Local Civil Registry Office (LCRO) where the record was registered. However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

Who may file the Petition? Where to file the petition under RA 10172? Who may file the Petition? For correction of SEX The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered.

Correction of clerical error (day, month in the date of birth and Sex) Republic Act No. 10172 Correction of clerical error (day, month in the date of birth and Sex) Php 3,000.00 An additional Php 1,000.00 for migrant petitioner Note: An indigent petitioner shall be exempted from the payment of the fee.

Supplemental Report

Supplemental Report 02/20/2017 Is used to supply entries or information in the Certificate of Live Birth, Certificate of Marriage, Certificate of Death and Certificate of Fetal Death, which are inadvertently omitted when the document was registered.

Examples of clerical errors that can be corrected through Supplemental Report First name, middle or surname is / are omitted (FIRST) (MIDDLE) (LAST) Protasio Rizal Date of Birth is omitted (DAY) (MONTH) (YEAR) ______________________________

Examples of clerical errors that can be corrected through Supplemental Report Entry in the SEX is omitted SEX (Male / Female) Both entries of Male and Female are marked with X SEX __X___Male ___X__Female

At the local civil registry office where the document was registered Examples of clerical errors that can be corrected through Supplemental Report At the local civil registry office where the document was registered

Court Decrees

What is a Court Decree (CD)? Is a court order which is registrable. It has undergone a hearing and the petition was approved by a competent court.

Registrable Court Decrees Adoption / Rescissions of Adoption Recognition of foreign judgment (e.g. foreign decree of divorce & annulment) Annulment of marriage / Declaration of absolute nullity of marriage Legal Separation / Court Decree setting aside the decree of legal separation Annulment - Art. 4 “The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Art. 35 (2). A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.” There are void marriages and there are voidable marriages. If your marriage is void, it is regarded as never having taken place. Technically, if your marriage never took place, then there is no need to go to court to obtain a decree of annulment - you may simply act as though the marriage never happened. However, it is advisable to obtain a court order declaring that your marriage is annulled in order to remove any doubt. If your marriage is voidable, it is considered to be a valid marriage until a decree of annulment is made.

Registrable Court Decrees Declaration of presumptive death of the absent spouse / Judicial determination of the fact of reappearance of absent spouse Correction of clerical or typographical errors appearing in the record of birth, marriage, and death.

Registration procedure When to register? 10 days after the decision becomes final Who registers? The successful petitioner The Clerk of Court If other persons: civil registrar verifies Where to register? LCRO of the place where the decision was granted

Process flow of foreign CD Step 1 Foreign CD shall be registered at the LCRO Manila Step 2 Secure certified copy foreign CD w/ attached Certificate of Registration from LCRO Manila Step 3 File a petition with the RTC in the Philippines to recognize foreign CD

Process flow of foreign CD Step 4 Secure Certified copy of the Foreign Judgment, Registration of the Foreign CD, Court decision recognizing the foreign CD (RTC), Finality, Registration of the foreign judgment from the LCRO where the court is functioning. Step 5 Secure certified copy foreign CD w/ attached Certificate of Registration from LCRO Manila Step 6 File a petition with the RTC in the Philippines to recognize foreign CD

Legitimation and Republic Act 9858

Art. 164 of the Family Code of the Philippines Legitimate Children Art. 164 of the Family Code of the Philippines Legitimate children are those children “conceived or born during the marriage of the parents”

Legitimate Children “EVELYN ” - is a legitimate 02/20/2017 “EVELYN ” - is a legitimate child bearing the surname of the father If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary: 1. A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage; 2. A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage. MARRIED couple, who is 18 years old and over, bore a child named “EVELYN” EVELYN

Illegitimate Children Art. 165 of the Family Code of the Philippines Illegitimate children are those children “conceived or born outside a valid marriage” of the parents.

Illegitimate Children 02/20/2017 ROBERT is an illegitimate child since he was born out of wedlock Robert, an illegitimate child, shall use the surname of the mother, and shall be under the parental authority of the mother. However, Robert may use the surname of his father if their filiation has been expressly recognized by the father through Affidavit of Acknowledgment for those children born prior to the effectivity of the Family Code of the Philippines, which was on August 3, 1998; or Affidavit of Admission of Paternity or Public Handwritten Instruments and Affidavit to Use the Surname of the Father for those children born on or after March 19, 2004. Legal Impediment – all causes and circumstances that may render the marriage void under the Family Code of the Philippines such as: •prior existing marriage; •Those contracted by any party below eighteen years of age even with the consent of parents or guardians Without legal impediment means, both parents have the legal capacity to contract marriage. Both are of legal age – 18 years and above; If either one or both have previous marriages, such marriages should have been legally dissolved – i.e. death of one spouse or dissolution through annulment or divorce - before another valid marriage could be contracted by both parties. UNMARRIED couple, without legal impediment, bore a child named “ROBERT” ROBERT

Art. 177 - 182 of the Family Code of the Philippines Legitimated Children Art. 177 - 182 of the Family Code of the Philippines Legitimated children are those born as illegitimate children but have become legitimate since parents subsequently entered into a valid marriage.

Legitimated Children ROBERT is an illegitimate 02/20/2017 Robert’s status has changed from illegitimate child to legitimated child ROBERT is an illegitimate child since he was born outside the wedlock of the parents. Change of the child’s status must be requested in the LCR Without legal impediment means, both parents have the legal capacity to contract marriage. Both are of legal age – 18 years and above. (For an illegitimate child to be legitimated, both parents should reach the age of maturity at the of conception of the child. NOTE: Parents should be 18 years or older at the time of conception, not at the time when the child was born. If an illegitimate children was conceived and born to parents below marrying age, the child could not be LEGITIMATED. If either one or both have previous marriages, such marriages should have been legally dissolve – i.e. death of one spouse or dissolution through annulment or divorce - before another valid marriage could be contracted by both parties. (Legitimation of illegitimate children born to parents with previous marriages, a valid marriage dissolution prior to the time when the child was born is required. Parents entered into a subsequent valid marriage UNMARRIED couple, without legal impediment, bore a child named “ROBERT” Robert becomes a legitimated child ROBERT

Requisites of Legitimation Parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s; Subsequent valid marriage Both parents should reach the legal age at the time of conception of the child Both parents have no previous marriages at the time of conception of the child Legal Age - This was based on the family code, and was prior to RA 9858. In the case that one or both of the parents have been found to have previous marriage after annotation on the child’s records upon approval of request for legitimation, the annotations must be cancelled thru court order.

Legitimation of Children Born to parents below marrying age Republic Act No. 9858 Legitimation of Children Born to parents below marrying age

Prior to Republic Act No. 9858 02/20/2017 The only impediment is the age of parents at the time of conception Grace cannot be LEGITIMATED prior to Republic Act No. 9858 Grace is an illegitimate child conceived and born of parent/s below 18 years old Court Decree of ADOPTION GRACE

It is an amendment of Article 177 of the Family Code Republic Act No. 9858 It is an amendment of Article 177 of the Family Code “Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.”

Effectivity of Republic Act No. 9858 Upon reaching the age of maturity, the child’s parents entered into a valid marriage GRACE GRACE Grace is an illegitimate child, conceived and born to parents below 18 years old Grace becomes a LEGITIMATED CHILD with the EFFECTIVITY OF REPUBLIC ACT NO. 9858

Affidavit to Use the Surname of the Father Republic Act No. 9255 Affidavit to Use the Surname of the Father (AUSF)

What are the requirement for legitimation? 02/20/2017  Article 176 of the Family Code of the Philippines “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….”

Republic Act No. 9255 An illegitimate child not acknowledged by the father shall use the surname of the mother. An illegitimate child acknowledged by the father shall use the surname of the mother if no AUSF is executed.

Effectivity of Republic Act No. 9255   This Revised IRR shall apply to all illegitimate children born on or after 19 March 2004, the effectivity of R.A. No. 9255. This includes all unregistered births and registered births under the surname of the mother.

Effectivity of Republic Act No. 9255   Illegitimate children born on 3 August 1988 to 18 March 2004 may still be acknowledged by the father through an Affidavit of Admission of Paternity (AAP) or Private Handwritten Instrument (PHI) but cannot use the surname of the father under Republic Act No. 9255. However, a petition in court may be filed in order that the child can use the surname of the father.

Effectivity of Republic Act No. 9255  However, for COLBs of illegitimate children born on 3 August 1988 to 18 March 2004 which were processed based on AO No. 1 Series of 2004 of RA 9255 prior to the issuance of this revised IRR, are considered valid.

Who will execute the AUSF? An illegitimate child aged 6 years old and below 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.

Who will execute the AUSF? 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 its consequence as attested by the mother or guardian.

Who will execute the AUSF? An illegitimate child acknowledged by the father shall use the surname of his father provided that he executes an AUSF upon reaching the age of majority, no attestation from the mother or guardian is required.

Philippine Statistics Authority (PSA) Thank You!

Questions?