Republic of the Philippines PHILIPPINE STATISTICS AUTHORITY Negros

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 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 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 a. Issue certifications and authenticate civil registry documents b. Archive civil registry documents c. Generate and disseminate vital statistics report d. Process annotated civil registry documents affected by Court Decrees, Legal Instruments, Republic Act 9048, Republic Act 10172 and Supplemental Reports. e. Provides technical supervision over local civil registry offices.

RATIONALE Halad Para sa Kapwa Empleyado

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

What is Civil Registration? 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? 1. 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. –

What are the registrable act and events? 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? 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, Phil. Health) Others

Registration procedure? • Place of Registration: ➢As a general rule, the place of registration is the city or municipality where the event occurs.

Kind of Doc. Birth Death Number of Reglementary period days Requirements for Late Registration 30 days • Affidavit of Delayed Registration • Authenticated copy of Cert. of Burial • Approval for registration by the Health Officer 15 days with license Marriage Affidavit of Delayed Registration • • 30 days exempt of license 2 Documents Proving Birth of Child Affidavit of 2 Disinterested Persons Certificate of Marriage, if married • 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

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

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: 1. The person himself, or any person authorized by him; 2. His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in -charge of him if he is a minor; 3. 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; 4. 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: 1. The person himself, or through a duly authorized representative; 2. His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor; 3. 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; 4. 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. 00

Requirements for the issuance of SECPA If the claimant Requirements • Owner 1. Official receipt 2. ID of the owner • Parent 1. Official receipt 2. ID of the claimant parent • Son or Daughter NOTE: must be of legal age (18 and above) 1. Official receipt 2. ID of the claimant child • Spouse 1. Official receipt 2. ID of the claimant spouse 3. Copy of the marriage contract • Legal guardian, if the owner is a minor 1. Official receipt 2. ID of the legal guardian 3. 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 1. Official receipt 2. ID of the common-law spouse 3. 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 1. Official receipt 2. ID of the nearest blood relative 3. 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. 28

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. 9048 CLERICAL ERRORS ❑ Misspelling Juanito vs. Jaunito ❑ Omitted Letters Christopher vs. Cristopher ❑ Unnecessary letters were included Florante vs. Floriante 31

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/Mun: Negros Oriental 32

Examples of clerical or typographical errors under Republic Act No. 9048 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

Examples of clerical or typographical errors under Republic Act No. 9048 • Other Clerical errors Da rwin Ari l e Christino

Change of First Name through Republic Act No. 9048 There should Grounds for changing of first name. 1. First name is ridiculous, tainted with dishonor, or difficult to pronounce Examples Mirasoledanellamorenacharel to Mirasol Bb. Boy Jimmy to Jimmy Lucifer to Lucio 35

Change of First Name through Republic Act No. 9048 2. New first name has been habitually used and publicly known by that name Examples: Maria Cecilia to Ma. Cecilia Ricardo to Ricky 36

Change of First Name through Republic Act No. 9048 37 3. 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 FILING FEE For clerical error Php 1, 000. 00 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 certificat e

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

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.

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.

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.

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 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 1. First name, middle or surname is / are omitted (FIRST) (MIDDLE) (LAST) Protasio Rizal (MONTH) (YEAR) 2. Date of Birth is omitted (DAY) _______________

Examples of clerical errors that can be corrected through Supplemental Report 3. Entry in the SEX is omitted SEX (Male / Female) 4. Both entries of Male and Female are marked with X SEX __X___Male ___X__Female

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

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

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”

63 Legitimate Children “EVELYN ” - is a legitimate child bearing the surname of the father 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.

65 Illegitimate Children ROBERT is an illegitimate child since he was born out of wedlock UNMARRIED couple, without legal impediment, bore a child named “ROBERT” ROBERT

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.

67 Legitimated Children ROBERT is an illegitimate Robert’s status child since he has changed from illegitimate was born child tothe outside legitimated wedlock ofchild the parents. UNMARRIED couple, without Parents entered legal into a subsequent impediment, valid boremarriage 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

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

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

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

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

What are the requirement for legitimation? 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 surname of the mother. shall use the • 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?