Local Civil Registrar

VISION

Achieve and attain a hundred percent (100%) civil registration and generate current, complete, and accurate vital registrable events in the City of Naga; and Provide a highest quality of service to the citizens in the field of registration, document issuances, preservation and archiving.

MISSION

Inspire and assist the public in the full implementation of civil registration such as birth, death and marriage; and Ensure the realization of its mandate of efficient and effective issuances and preservation of vital registrable events.


 

REPUBLIC ACT 10172

What is R.A. 10172?

It is an act furthering the authority of City/Municipal Civil Registrar or Consul General to correct clerical errors in the day and month of birth or sex of a person without the need for judicial order. It is an amendment of R.A. 9048.

What can be corrected in R.A. 10172?

Clerical or typographical errors in an entry in the civil registrar that is harmless, such as misspelled name or misspelled place of the date of 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 of records.

What are the entries which cannot be corrected?

No correction must involve the change of nationality, age, or status of a person.

What are the form and the contents of the petition?

The petition for correction of clerical or typographical errors shall in a form of an affidavit subscribed and sworn to before any person authorized by law to administer oaths. The affidavit shall contain facts to establish merits and shall affirmatively show that the petitioner is competent to testify to the matters stated. Particular entry/entries which is/are sought to the corrected shall be stated in the petition. Petition shall be supported by the following documents:

Certified true machine copy of the Certificate of Live Birth (COLB ) or of the page of the registry book containing the entry/entries to be corrected.
At least two (2) public or private documents showing the correct entry/entries upon which, correction shall be based.
Other documents which the petitioner or civil registrar or consul general may consider relevant or necessary for the approval of the petition.

For the correction of entries concerning the date of birth or sex of a person, following documents are also needed aside from those cited above:

Earliest school record or school documents such as medical records, baptismal certificate or other documents issued by religious authorities (baptismal).

Certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change of sex transplant; which shall be issued a Certificate of Authenticity by the C/MCR concerned.

The petition for change of first name or nickname or correction of the day and month of birth or sex shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Thus, an Affidavit of Publication shall also be submitted.

The petitioner shall also submit a certification of no pending case or no criminal record from appropriate law enforcement agencies ( NBI Clearance, Police Clearance and Employer’s Clearance or Affidavit of Non Employment).

The petition and its supporting papers shall be filed first copy to the concerned city/municipality city registrar or the consul general ; second copy to the Office of the Civil Registrar General; and third copy to the petitioner.

Who may file the petition?

a. For correction of entry on the day/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 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 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 children, parents, brothers, sisters, guardians, or persons duly authorized by law.

b. 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.

Where to file the petition for correction?

a. For correction of entry on the day and/or month in the date of birth

May be filed with the C/MCR of the city of municipality or the Philippine Consulate

When the petitioner has migrated to another place within the Philippines, the petition may be filed with the C/MCR of the place where the petitioner is residing.

A person whose birth record residing in the Philippines, the presently residing in the Philippines, the petition may be filed with C/MCR of the place of residence.

Any person whose birth record was registered in the Philippines, or in nay Philippine Consulate, but who is presently residing abroad, may file the petition with the nearest Philippine Consulate.

b. For correction of clerical and typographical error in the entry of sex:

The petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, where the record to be corrected is registered.

Are there any fees to be collected?

Rule 10 of the implementing rules and regulation of this act, authorized the C/MCRs to collect 3,000 pesos from every petitioner for petition to correct the day and/or month in the date of birth or sex. An indigent petitioner shall be exempted from paying the required fee provided that a certification from City/Municipal Social Welfare and Development Office than the petitioner is indigent shall be presented.

When a petition is filed in a CG, a filing fee of one hundred fifty U.S. dollars ($150) or its equivalent value in local currency shall be collected.

In the case of 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.

All fees collected by the C/MCR or the consul general shall accrue to the funds of the LCRO concerned or the OCG 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 effectively 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 herein shall be uniform in all cities and municipalities in the country, and in all Philippine Consulate.


 

WHAT IS CIVIL REGISTRATION?

It is a continuous, permanent, and compulsory recording of vital events occurring in the life of an individual such as birth, marriage, and death, as well as all court decrees, and legal instruments affecting his civil status in appropriate registers as mandated by Act No. 3753, the Civil Registry Law.


 

What you need to know about

Requirements


Requirements to use the surname of the father (r.a.9255)

Affidavit of Acknowledgment (if not yet acknowledged by the father);
Affidavit to Use the Surname of the Father.


Fees and other applicable expenses:

  • Affidavit of Acknowledgment P 50.00
  • Registration of Acknowledgment P200.00
  • Affidavit to Use the Surname of the Father P 50.00
  • Registration of AUSF P200.00
  • Endorsement Fee to NSO-Manila P100.00
  • Postal Money Order issued to :

National Statistics Office

Quezon City P140.00

  • Mailing-LBC with prepaid pouch P260.00

Requirements for legitimation

  1. CENOMAR – Certificate of No Record of Marriage of parents;
  2. NSO- Certificate of Marriage;
  3. Affidavit of Acknowledgment if the child was registered not acknowledged by his father;
  4. Affidavit of Legitimation.

Fees and other applicable expenses:

  • CENOMAR (P270.00 x 2) P540.00
  • Marriage Certificate P215.00
  • Affidavit of Acknowledgment P 50.00
  • Registration of Acknowledgment P200.00
  • Affidavit of Legitimation P 50.00
  • Registration of Legitimation P200.00
  • Endorsement Fee to NSO-Manila P100.00
  • Postal Money Order issued to:

National Statistics Office

Quezon City P140.00

  • Mailing-LBC with prepaid pouch P260.00
  • Certificate of Live Birth P 10.00

Requirements for delayed registration of birth

A.) If the person is less than eighteen (18) years old, the following shall be required:

1. Negative Certification from:

    • National Statistics Office (NSO)
    • Local Civil Registrar’s Office (LCRO)

2. 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 father:

  • Baptismal Certificate;
  • School Records;
  • Income Tax Return of parent/s;
  • Insurance Policy;
  • Medical Records;
  • Others, such as Barangay Captain’s Certification.

3. Affidavit of two disinterested persons who might have witnessed or known the Birth of the child.

4. Marriage Certificate of parents.

5. Four (4) copies of the Certificate of Live Birth duly accomplished and signed by the proper parties.

B.) If the person is eighteen (18) years old or above, he shall apply for late registration of his birth and the requirements shall be:

  1. All the requirements for a child who is less than eighteen (18) years old; and 
  2. Certificate of Marriage, if married.

FEES: – Delayed Registration within Naga P 250.00

  – Processing Fee for Out of Town Delayed Registration P 500.00

 


 

ADMINISTRATIVE ORDER NO.1, Series of 1993, Rule 24

Non Disclosure of Birth Records

The records of a person’s birth shall be kept strictly confidential and no information relating thereto sl any of the following:'
The concerned person himself, or any person authorized by him;
His spouse, his parents or parents, his direct descendants, or guardian or institution legally in-cha
The court or proper public official whenever absolutely necessary in administrative, judicial or other identity of the child’s parents or other circumstances surrounding his birth; and
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 hundred pesos, or both in the discretion of the court. (Article 7, P.D.603)

  Requirements for application of marriage license with previous marriage/s

  1. All applicable requirements for applicants 18 years old and above; and
  2. Death Certificate of Spouse;or
  3. Certified True Copy of Annulment with Certificate of Finality;
  4. NSO Copy of Certificate of Marriage with annotation of the Court Decision.

Requirements for application of marriage license with a foreigner partner

  1. All applicable requirements for applicants 18 years old and above; and
  2. Legal Capacity to Contract Marriage, issued by their respective diplomatic or Consular Officials;
  3. Divorce Decree /Death Certificate of spouse whichever is applicable.

Requirements for application of marriage license

(At least one of the applicants must be a resident of Naga, Cebu)

(18 years old and above)

  1. NSO Copy of Birth Certificate;
  2. Certificate of No Record of Marriage (CENOMAR);
  3. Valid Identification Card (I.D.) and CEDULA;
  4. Certificate of Marriage Counseling and Family Planning;

**Applicants to attend the seminar for them to secure the Certificate**

      5. Parents of the applicants to sign the Consent/Advice form if below 25years old;

**To submit copy of the Death Certificate for deceased parent/s**

      6. Filled-up Application Form for Marriage License.

Marriage fees

NOTE: Maybe required to submit additional requirements as the case arises.

A Notice of the Application for Marriage License shall be posted for ten (10)

consecutive days after receipt of the application, and Marriage License will be

issued after the completion of the period of publication.

Fees:

Application for Marriage License –Filipino P 150.00

Application for Marriage License with Foreign Spouse P 1,000.00

Marriage Counselling Fee P 150.00

Application for Marriage License form P 10.00

Marriage License Fee P 25.00

Requirements for delayed registration of death

  1. Four (4) copies of Certificate of Death that have been accomplished correctly and completely;
  2. Affidavit of Delayed Registration (at the back of the Certificate of Death) which shall be executed by the hospital or clinic administrator if the person died in the hospital, clinic or similar institution; or if the person died elsewhere, by the attendant-at-death. In the default of the hospital or clinic administrator or attendant-at-death, the affidavit shall be executed by any of the nearest relative of the deceased when he was still alive; and
  3. Authenticated copy of the certificate of burial, cremation, or any other means of corpse disposal.

What you need to know about

Who may file the petition?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.

A person is considered of legal age when he is 18 years old and above. Thus, a minor (less than 18 years old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of his first name.

Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of first name:

(1) Owner of the record that contains the error to be corrected or first name to changed.
(2) 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.

What supporting documents are required for correcting a clerical or typographical error in a civil registry document?

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirements:

(1) Certified machine copy of the certificate containing the alleged erroneous entry or entries.

(2) Not less than two public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.

(3) Notice and Certificate of Posting

(4) Certified machine copy of the Official Receipt of the filing fee

(5) Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

What should be the form and content of the petition?

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.

Basically, the petition must contain the following facts or information:

  • Merits of the petition
  • Competency of the petitioner
  • Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first name

What is 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”

It is a law following illegitimate children to use the surname of their father provided that the father has acknowledged the child, amending Article 176 of Executive Order No. 209 (Family Code of the Philippines).

The law was signed by President Arroyo on 24 February 2004 and took effect on 19 March 2004, fifteen days after its publication in the Manila Times and Malaya.

The implementing rules and regulations (IRR) was approved on 18 May 2004 and took effect on 02 June 2004, fifteen days after its publication in the Manila Times.

Scope of RA 9255

This law applies to all illlegitimate children born before or after the effectivity of RA 9255 which covers unregistered births wherein illegimate children use the surname of their mother.

CAN AN ILLEGITIMATE CHILD WHOSE MOTHER IS BELOW EIGHTEEN YEARS OLD WHEN THE CHILD WAS BORN USE THE SURNAME OF HIS/HER FATHER PURSUANT TO RA 9255?

Yes, provided that the father of the child has admitted paternity of the child.


 

What is Republic ACT 9048?

Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order.

RA 9048 amends Articles 376 and 4102 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order.

President Gloria Macapagal-Arroyo approved the Act on 22 March 2001. With The law taking effect on 22 April 2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in the newspaper in August of the same year.

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:

  • correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex,age,nationality and status of a person.
  • change of a person's first name in his/her civil registry document under certain grounds specified under the law through administrative process.

WHAT ARE THE USES OF CIVIL REGISTRY DOCUMENTS?

Basically, there are two uses:

1. Legally, these records establish the occurrence of birth, death, or marriage, and therefore provide prima facie evidence of facts surrounding these events.

Birth records present many facts about an individual such as person’s name, date and place of birth, parents, religion, and citizenship, among others. The marriage certificate establishes a change in civil status and the legal spouse, while the death certificate records the passing away of an individual. These records are important in legal and personal transactions, applying for jobs, obtaining passports for travel, entrance to school, claiming insurance benefits, and in others.

2. Statistically, these records provide data on the number of births, deaths, marriage, fetal deaths, adoptions, and the like, which in turn are essential in development planning.

WHAT MUST BE REGISTERED?

Registrable vital events are:

  1. Birth
  2. Death
  3. Fetal death
  4. Marriage

WHO SHOULD REPORT THE EVENT?

Birth

  • The ­administrator of the hospital, clinic, or similar institution where the birth occurred
  • The physician, midwife, or any person who attended the delivery of the child; or
  • In default of the hospital or clinic administrator or attendant-at-birth, either or both of the child’s parents.

Death

  • The administrator (or his authorized representative) of the hospital, clinic, or similar institution where the person died;
  • The person who last attended the deceased (such as physician, nurse, midwife, faith healer, or other persons) when the place of death is not in a hospital, clinic or similar institution; or
  • The nearest relative of the deceased or any person who has knowledge of the facts of death, when there is no attendant-a-death or the place of death is not in the hospital, clinic or similar institution.

Marriage

  • the solemnizing officer or the person officiating the marriage (such as priest, judge, imam, and the like); or
  • In default of the solemnizing officer, either or both of the contracting parties.

WHEN SHOULD AN EVENT BE REGISTERED?

Birth, death and fetal deaths should be reported to the Office of the Civil Registrar where the event transpired not later than thirty (30) days from occurrence.

Marriages exempted from the license requirement should be reported to the Office of the Civil Registrar not later than (30) days from occurrence.

On the other hand, marriages that require licenses should be reported to the Office of the Civil Registrar not later than fifteen (15) days after the date marriage.

Events not registered within the period stated above are considered late or delayed registration.

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first name shall be accepted unless the petitioner submits the required supporting papers, as follows:

  1. All the documents required of the petitioner for the correction of clerical error shall also be required of the petitioner for change of first name.
  2. Clearance from authorities such as clearance from employer, if employed; the National Bureau of Investigation; the Philippine National Police; and other clearances as may be required by the concerned C/MCR.
  3. Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings should be attached.

 

What are the conditions under RA 9048 that the petitioner needs to comply with?

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or

(3) The change will avoid confusion.

Requirements in order that an illegitimate child can use the surname of his/her father (Republic Act 9255)

The requirement is a document, public or private, wherein the child is recognized as such by the father.These are the affidavit found at the back of the Certificate of Live Birth (COLB), a separate public document executed by the father, or a private handwritten instrument made by the father expressly recognizing the child as his. In case of the latter the instrument must be in the handwriting of the father and signed by him.

The Affidavit to Use the Surname of the Father (AUSF) is used in cases where recognition is made through a private handwritten instrument, or when the birth has already been registered under the mother’s surname with or without father’s recognition.

For private handwritten instruments, other documents are required to be submit-ted to support the claim made. In particular, submission of any two of the following is needed:

  1. Employment records
  2. SSS/GSIS records
  3. Insurance
  4. Certification of membership in any organization
  5. Statement of Assets and liabilities
  6. Income Tax Return (ITR)

Consent of the child is necessary, if the child is eighteen (18) years old or more at the time of the recognition.

WHO MAY FILE?

The father, mother, child, if of the legal age, or the guardian may file the public document or AUSF in order for the child to use the surname of the father.

WHERE TO FILE THE PUBLIC DOCUMENT OR THE AUSF?

1. If the child was born in the Philippines and the public document or the AUSF was executed in the Philippines, the public document or the AUSF shall be registered at the Local Civil Registry Office (LCRO) of the place where the child was born.

2. If the child was born in the Philippines and the public document or the AUSF was executed outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila.

3. If the child was born outside the Philippines and the public document or the AUSF was executed in or outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila.

After registration of the public document or the AUSF, the LCRO of the place of birth shall annotate the record of birth and the appropriate entry in the registry book. For births which occurred outside the Philippines, the annotation of the record of birth shall be done by the OCRG.

WHEN SHOULD THE PUBLIC DOCUMENT OR THE AUSF BE FILED?

Recognition or acknowledgment made in a public document other than the record of birth or the AUSF shall be registered within 20 days from the date of execution.

HOW MUCH IS THE FEE IN FILLING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filling fees:

v. One thousand pesos (P 1,000.00) for the correction of clerical error
v. Three thousand pesos (P3,000.00) for the change of first name


In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:

v. Fifty U.S. dollars ($ 50.00) for the correction of clerical or typographical error
v. One hundred fifty U.S. dollars ($150.00) for the change of first name


A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar Civil Registrar (PRCR).

This service fee shall accrue to the local treasury of the PRCR.

v. Five hundred pesos (P500.00) for correction of clerical of typographical error
v. One thousand pesos (P 1,000.00) for change of first name


WHERE THE PETITION SHOULD BE FILED?

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari’ a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are 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.

 


 

Functional Chart

functional chart

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