Professional Documents
Culture Documents
AO1-1993 (IRR On Civil Registration Laws & Procedures) PDF
AO1-1993 (IRR On Civil Registration Laws & Procedures) PDF
1 Series of 1993
Implementing Rules and Regulations of Act No. 3753
and Other Laws on Civil Registration
(Volume 89, Number 2, Official Gazette; January 11, 1993)
HIS EXCELLENCY
PRESIDENT FIDEL V. RAMOS
Civil Registrar-General
CARLITO B. LALICON
ii
Civil Registration
Committee
Chairman
Lourdes J. Hufana
Vice-Chairman
Rosalinda L. Cabrera
Members
Preciosa B. Astillero
Lucinda M. Bitong
Julieto S. Bolivar
Wilhelmina C. Bumanglag
Zenaida R. dela Cruz
Marites C. Espinoza
Patricia Inez P. Estaniel
Marcelino N. Jorda
Ledesma L. Morante
Editha R. Orcilla
Veronica P. Pido
Lilia B. Tandoc
Benedicta A. Yabut
Janice R. Ybanez
iii
TABLE OF CONTENTS
PREFACE ....................................................................................................................................... 1
ADMINISTRATIVE ORDER NO.1, Series of 1993..................................................................... 2
PRELIMINARY STATEMENT .................................................................................................... 2
Title One - GENERAL PROVISIONS........................................................................................... 3
Rule 1. Duties and Powers of the Civil Registrar-General ......................................................... 3
Rule 2. Submission of the Appointment of Civil Registrar and other Pertinent Papers............. 3
Rule 3. Designation of Assistant Civil Registrar and Other signatories..................................... 4
Rule 4. Technical Control and Supervision of Civil Registrars.................................................. 4
Rule 5. Duties of the Civil Registrar........................................................................................... 4
Rule 6. Role of Barangay Secretary............................................................................................ 5
Rule 7. Civil Registry Books. ..................................................................................................... 5
Rule 8. Civil Registration Forms. ............................................................................................... 6
Rule 9. Operative Act of Registration......................................................................................... 7
Rule 10. Reporting of Vital Events Occurring Abroad............................................................... 8
Rule 11. Supplemental Report for Birth, Death and Marriage. .................................................. 8
Rule 12. Delayed Registration. ................................................................................................... 9
Rule 13. Posting of the Pending Application.............................................................................. 9
Rule 14. Recording of Delayed Registration. ............................................................................. 9
Rule 15. Duty to File a Complaint with the Prosecutor's Office. ............................................. 10
Rule 16. Reconstruction of Burned or Destroyed Civil Registry Records. .............................. 10
Rule 17. Fees............................................................................................................................. 10
Title Two REGISTRATION OF LIVE BIRTH ........................................................................ 11
Rule 18. Live Birth. .................................................................................................................. 11
Rule 19. Reglementary Period and Place of Registration......................................................... 11
Rule 20. Out-of-town Reporting of Birth. ................................................................................ 12
Rule 21. Persons Responsible to Report the Event................................................................... 13
Rule 22. Number of Copies to be Accomplished for Distribution. .......................................... 13
Rule 23. Birth Registration of Illegitimate children. ................................................................ 13
Rule 24. Non-Disclosure of Birth Records. .............................................................................. 14
Rule 25. Delayed Registration of Birth..................................................................................... 14
Title Three - REGISTRATION OF FOUNDLING...................................................................... 15
Rule 26. Foundling.................................................................................................................... 15
Rule 27. Reglementary Period and Place of Registration......................................................... 16
Rule 28. Persons Responsible to Report the Event................................................................... 16
Rule 29. Requirements for Registration of Foundling.............................................................. 16
Rule 30. Number of Copies to be Accomplished for Distribution. .......................................... 16
Title Four - REGISTRATION OF DEATH ................................................................................. 17
Rule 31. Death. ......................................................................................................................... 17
Rule 32. Reglementary Period and Place of Registration......................................................... 17
Rule 33. Persons Responsible to Report the Event. - ............................................................... 18
Rule 34. Number of Copies to be Accomplished for Distribution. .......................................... 19
Rule 35. Out-of-Town Reporting of Death............................................................................... 19
Rule 36. Mass Death. ................................................................................................................ 20
iv
APPENDIX 1................................................................................................................................ 38
Certificate of Live Birth............................................................................................................ 39
Certificate of Foundling............................................................................................................ 41
Certificate of Death................................................................................................................... 42
Certificate of Fetal Death.......................................................................................................... 44
Certificate of Marriage.............................................................................................................. 46
Application for Marriage License............................................................................................. 48
APPENDIX 2................................................................................................................................ 49
Civil Registry Form No. 1A (Birth-available).......................................................................... 50
Civil Registry Form No. 1B (Birth-not available) .................................................................... 51
Civil Registry Form No. 1C (Birth-destroyed) ......................................................................... 52
Civil Registry Form No. 2A (Death-available)......................................................................... 53
Civil Registry Form No. 2B (Death-not available)................................................................... 54
Civil Registry Form No. 2C (Death-destroyed)........................................................................ 55
Civil Registry Form No. 3A (Marriage-available) ................................................................... 56
Civil Registry Form No. 3B (Marriage-not available).............................................................. 57
Civil Registry Form No. 3C (Marriage-destroyed)................................................................... 58
Civil Registry Form No. 4A (Application for marriage license-available) .............................. 59
Civil Registry Form No. 4B (Application for marriage license-not available) ........................ 60
Civil Registry Form No. 4C (Application for marriage license-destroyed) ............................. 61
vi
PREFACE
Administrative Order No.1, Series, of 1993 issued by the Office of the Civil RegistrarGeneral embodies the implementing rules and regulations on civil registration and other
laws revising Administrative Order No.1, Series of 1983.
This revision is due to the 1988 Family Code of the Philippines and the 1991 Local
Government Code plus the changing times which necessitate the new procedures in
registering these new events.
A new Instructions Manual on the accomplishment and coding of civil registry
documents was also prepared for the use of all persons involved in civil registration
work.
With these, we aim to assist civil registrars in registering vital events such as birth,
death, marriage, fetal death and other registrable events as required by law.
It is expected that these registration procedures and provisions will standardize the civil
registration system in the Philippines, resulting in current, complete and accurate vital
statistics in the country.
This Administrative Order is one of the outputs of the civil Registration Committee which
had several consultative meetings and in-depth researches on all the rules and
provisions contained herein.
TOMAS P. AFRICA
Administrator and
Civil Registrar-General
PRELIMINARY STATEMENT
Act No. 3753, has for its purpose, the establishment of a civil register in the Philippines
wherein acts, events, legal instruments and court decrees concerning the civil status of
persons shall be recorded. This law applies prospectively, hence, all acts and events
that occurred prior to 27 February 1931 are not registrable.
The head of the National statistics Office is the Civil Registrar-General.
The person in-charge of recording vital events and other documents affecting the civil
status of persons in cities and municipalities is the civil registrar. The civil Registry Law
embraces all acts of civil life affecting the status of persons and is applicable to all
persons residing in the Philippines.
________________
* Vol. 89, No.2, Official Gazette, January 11, 1993.
N.B. The notation in parenthesis after each paragraph or
rule indicates the source of that rule.
(N) means a new rule or regulation;
( 'n' ) where 'n' is any number, means the nth rule of Administrative Order No. 1 Series
of 1983, as in (3) to mean Rule 3 of the 1983 Administrative Order;
(a) means an amendment of a specified rule, as in
(3a) to mean Rule 3, as amended.
commission within five (5) days from receipt thereof, together with a specimen of his
handwritings and signatures properly authenticated by the mayor. (Section 443 (d) and
Section 454 (d), Local Government Code of the Philippines) (la)
j) transcribe and enter immediately upon receipt all registrable documents and judicial
decrees affecting the civil status of persons in the appropriate civil registry books;
k) receive applications for the issuance of a marriage license and after determining that
the requirements and supporting certificates and publication thereof for the prescribed
period have been complied with, shall issue the license upon payment of the authorized
fee to the treasurer;
l) coordinate with the Office of the civil Registrar-General (National Statistics Office) in
conducting educational campaigns for vital registration and assist in the preparation of
demographic and other statistics for the local government unit concerned; (Article 9,
section 479, The Local Government Code of 1991);
m) file, keep and preserve civil registry records as per archival system mandated by the
Local Government Code; (Section 374);
n) submit status reports on the condition of civil registry documents filed in the civil
registry office whenever there are changes of the previous status of files;
o) reconstruct destroyed civil registry records upon compliance with the requirements
following the procedures established by the Office of the civil Registrar-General; and
p) make available at all times the civil registry forms in his office. (3a)
Rule 6. Role of Barangay Secretary. - The barangay secretary shall assist the
civil registrar in the registration of births, deaths, and marriages occurring in his
jurisdiction. (Sec. 394 (c) (5), The Local Government Code of 1991) (9: 3a)
Rule 7. Civil Registry Books. - (1) Every civil registrar shall maintain, keep and
preserve in a secured place in his office the following registry books where he shall
properly enter the acts, events, and judicial decrees concerning the civil status of
persons:
a) Register of Births;
b) Register of Foundlings;
c) Register of Deaths;
d) Register of Marriages
e) Register of Court Decrees/Orders;
f) Register of Legal Instruments; and
g) Register of Applications for Marriage License (Article 25, Family Code). (4a)
(2) The following shall be recorded in the Register of Court Decrees/Orders:
a) Adoption/Rescission of adoption;
b) Annulment of marriage/Declaration of absolute nullity of marriage/Legal
separation/Court order setting aside the decree of legal separation;
Rule 8. Civil Registration Forms. - (1) Documents presented before the civil
registrar for registration are the following:
Rule 9. Operative Act of Registration. - (1) The civil registrar shall see to it that:
a) appropriate form is used; b) form is properly and completely filled up; c) entries are
correct; and d) proper attachments are submitted. (N)
(2) In case the entries are found incomplete or incorrect, the civil registrar shall require
the person concerned to fill up the document completely or to correct the entries, as the
case may be. (6:1a)
(3) When the document is accepted for registration, the date of receipt shall be recorded
in the space provided or it shall be stamped on the upper right hand margin, in
document where no space is provided, properly signed by the person receiving the
same. (6:1a)
(4) The documents received for the day shall be entered immediately in the appropriate
civil registry book, assigning therein the corresponding registry number. A document
which bears no registry number is presumed not registered. However, when such
document bears the date of receipt, name and signature of the civil registrar, it is
deemed registered, in which case the civil registrar or his authorized personnel shall be
liable for damages sustained by any party as a result of the non-registration of the
document. (6:3a)
Rule 10. Reporting of Vital Events Occurring Abroad. All vital events
occurring to Filipinos residing abroad (permanently or temporarily) shall be reported to
the Philippine Foreign Service Establishments of the country of residence or where the
vital event took place or where none is located thereat, in the Philippine Foreign Service
Establishments of the country nearest the place of residence of the party concerned or
where the vital event occurred. - (N)
Rule 11. Supplemental Report for Birth, Death and Marriage. - (1) A
supplemental report using the appropriate form (Certificate of Live Birth, certificate of
Death, certificate of Fetal Death or certificate of Marriage) maybe filed to supply
information inadvertently omitted when the document was registered. However, the
"Medical certificate" in the Certificate of Death and Certificate of Fetal Death and all
applicable certifications contained in the certificate of Marriage should be accomplished
correctly and completely before registration. Hence, no supplemental report having
reference to the mentioned certificates is acceptable. (N)
(2) The supplemental report shall not be used in any manner to change or to correct any
entry which was previously entered in the civil register, or to circumvent the provision of
Article 412 of the Civil Code of the Philippines which prohibits any change or correction
of an entry in the civil register without judicial order. (11:1a)
(3) The civil registrar shall accept only one supplemental report for not more than two
omitted information in any registered event. In cases where there are more than two
omitted information, all papers related thereto shall be forwarded 'to the Office of the
Civil Registrar-General. (N)
(4) The supplemental report may be filed by the parent/guardian or the party concerned,
if of age, who shall execute an affidavit indicating the entry/ies missed in the registration
and the reasons why there was a failure in supplying the required entry. (11:2a)
(5) The supplemental report shall be filled up only with respect to province,
city/municipality, registry number, and the following items: "Name"; "Informant";
"Prepared by"; and "Received at the Office of the civil Registrar" for birth and death and
"Name of Contracting Parties" and "Received at the Office of the civil Registrar" for
marriage. The omitted information shall be entered in the appropriate space/s (12:1a)
(6) The certificate used in the preceding paragraph shall be marked "Supplemental
Report" and shall be submitted with the certified true copy of the registered document to
the Office of the civil Registrar where the event occurred.
(12:2a)
(7) Upon receipt of the application, the civil registrar shall enter in the "Remarks" portion
of the corresponding civi1 register "with Supplemental Report" , "Prepared by ", date of
entry and the omitted
entry/ies. (12: 3a)
(8) When the interested party requests a copy of the certificate, a certified true copy or a
certified transcription using standard form bearing the effects of the supplemental report
shall be issued. The remarks "with Supplemental Report" shall be indicated in the upper
right hand corner of the certified true copy or certified transcription to be issued. (N)
Rule 12. Delayed Registration. - A report of vital event made beyond the
reglementary period is considered delayed. (N)
Rule 13. Posting of the Pending Application. - (1) A notice to the public on
the pending application for delayed registration shall be posted in the bulletin board of
the city/municipality for a period of not less than ten (10) days. (47a)
(2) If after ten (10) days, no one opposes the registration, the civil registrar shall
evaluate the veracity of the statements made in the required documents submitted.
(48:1a)
(3) If after proper evaluation of all documents presented and investigation of the
allegations contained therein, the civil registrar is convinced that the event really
occurred within the jurisdiction of the civil registry office, and finding out that said event
was not registered, he shall register the delayed report thereof. (48:2a)
(4) The Civil Registrar, in all cases of delayed registration of birth, death and marriage,
shall conduct an investigation whenever an opposition is filed against its registration by
taking the testimonies of the parties concerned and witnesses in the form of questions
and answers. After investigation, the civil registrar shall forward his findings and
recommendations to the Office of the Civil Registrar-General for appropriate action.
(57:1a)
(5) The Civil Registrar-General may, after review and proper evaluation, deny or
authorize the registration. (57:2a)
Rule 15. Duty to File a Complaint with the Prosecutor's Office. - In every
case of delayed registration, the civil registrar shall file a complaint with the city
provincial prosecutor's office for appropriate action under section 17 of Act No. 3753.
The action filed in court by the prosecutor against the party for failure to register shall
not suspend or stop the registration, neither should it be a ground for refusal by the civil
registrar to register the delayed report of birth, death or marriage or any registrable
document. (55a)
Rule 17. Fees. - (1) No fee shall be collected for the registration of birth, foundling,
death and marriage. (60:1a)
(2) For the registration of legal instruments, court decrees or orders, and the issuance of
certified copies or certifications of civil registry records, fees may be collected in
accordance with the existing laws. In every case, an official receipt shall be issued.
(60:2)
(3) All expenses in connection with the operation and maintenance of the civil registry
office shall be paid out of the city or municipal funds. (61)
10
Rule 19. Reglementary Period and Place of Registration. - (1) The birth of
a child shall be registered within thirty (30) days from the time of birth in the Office of the
Civil Registrar of the city municipality where the birth occurred, except in the following
cases:
a) when a child is born aboard a vehicle, vessel or airplane while in transit within
the Philippine territory and the exact place of birth cannot be ascertained, the
birth shall be recorded in the civil register of the mother's destination or the city or
municipality where the mother habitually resides;
b) when the child is born aboard a vessel or airplane en route to the Philippines
and the exact place of birth cannot be ascertained, the birth shall be recorded in
the civil register of the city or municipality where the mother habitually resides if
she is a resident of the Philippines, and if either the father or mother or both
parents are citizens of the Philippines. If the parents of the child are both
foreigners but residents of the Philippines, the birth shall be recorded in the city
or municipality where the mother habitually resides in the Philippines. If the
parents are both foreigners but not residents of the Philippines, the birth may be
recorded in the civil register of Manila, if they so desire; and
c) when the child, whose mother or father or both parents are citizens of the
Philippines, is born aboard a vessel or airplane en route to another country from
the Philippines, or from any country, the birth shall be recorded in the Philippine
Foreign Service Establishment of the country of the mother's destination. 8:2a)
11
(2) In any case under this Rule, the place of birth shall be entered in the civil register as
follows:
a) if birth occurred aboard a vehicle, indicate in the civil register as the place of
birth the name of the vehicle, route, plate number and other necessary
description of the vehicle;
b) if birth occurred aboard a vessel, indicate in the ,civil register as the place of
birth the name of the vessel, route, voyage number, registry number and other
necessary description of the vessel; and
c) if birth occurred aboard an airplane, indicate in the civil register as the place of
birth, the name of the airplane, route, flight number and other necessary
description of the airplane. (N)
Rule 20. Out-of-town Reporting of Birth. - (1) Out-of town reporting of birth
occurs when the Certificate of Live Birth is presented to the civil registrar of a city or
municipality which is not the place of birth, not for registration but to be forwarded to the
civil registrar of the city or municipality where the birth occurred and where it should be
registered. (N)
(2) The duty of accepting certificate of Live Birth for out-of-town reporting by the
concerned civil registrar may also be performed by the civil Registrar-General or by his
authorized representatives who are the Regional Administrators and Provincial
Statistical Officers of the National Statistics Office.
(3) For the purpose of out-of-town reporting of birth, the following requirements shall be
complied with by the concerned party:
a) the party who is applying for out-of-town reporting of birth shall execute an
affidavit declaring therein, among other things, the facts of birth and the reasons
why said birth was not recorded in the civil register of the city or municipality
where it occurred. The affidavit which must be attested by at least two (2)
witnesses, shall serve as an application for registration and shall be submitted to
the civil registrar together with four (4) copies of the Certificate of Live Birth;
b) if the application is for delayed registration of birth, the requirements under the
rules governing delayed registration of birth shall also be complied with;
c) the civil registrar or the authorized representative of the National Statistics
Office to whom the application for out-of town reporting is presented may require
from the applicant such other supporting papers as may be considered
necessary in establishing the facts of birth especially those pertaining to the date
and place of birth and filiation of the child whose birth is being sought for
registration;
12
d) the Certificate of Live Birth, for the purpose of this Rule, shall have marginal
annotation' in the form of the following remark: "Registered pursuant to Rule 20
of Administrative Order No.1, S. 1993"; and
e) the civil registrar of the city or municipality where the out-of-town reporting is
sought, upon receipt of the certificate of Live Birth and pertinent papers, shall
proceed with the registration. He shall indicate the date when he received the
document, and shall sign over his printed name in the appropriate space in the
certificate of Live Birth. When the certificate of Live Birth has been duly recorded
and assigned a registry number, the civil registrar shall send back the original
copy to the civil registrar or the authorized representative of the National
Statistics Office who forwarded the certificate of Live Birth, who in turn shall give
the copy bearing the registry number to the registrant. (N)
Rule 21. Persons Responsible to Report the Event. - (1) When the birth
occurred in a hospital or clinic or in a similar institution, the administrator thereof shall
be responsible in causing the registration of such birth. However, it shall be the
attendant at birth who shall certify the facts of birth. (9:1a)
(2) When the birth did not occur in a hospital or clinic or in a similar institution, the
physician, nurse, midwife, "hi lot", or anybody who attended to the delivery of the child
shall be responsible both in certifying the facts of birth and causing the registration of
such birth. (9:2a)
(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. (9:1a)
(4) When the birth occurs aboard a vehicle, vessel or airplane while in transit,
registration of said birth shall be a joint responsibility of the driver, captain or pilot and
the parents, as the case may be. (N)
13
the illegitimate child shall carry the surname of the acknowledging parent. If no parent
acknowledged the child, he shall carry the surname of the mother. (10:2a)
(3) The names of the acknowledging parent is shall be indicated in the certificate of Live
Birth. (10:2a)
(4) An illegitimate child born on or after 3 August 1988 shall bear the surname of the
mother. (N)
14
> 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 present whereabouts of the mother.
iii) 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, kindergarten, or preparatory);
> income tax return of parents;
> insurance policy;
> medical records; and
> others, such as barangay captains certification.
iv) affidavit of two disinterested persons who might have witnessed or
known the birth of the child. (46:1aa)
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:
i) all the requirements for a child who is less than eighteen (18) years old;
and
ii) Certificate of Marriage (46:1ba) if married.
(2) Delayed registration of birth, like ordinary registration made at the time of birth, shall
be filed at the Office of the Civil Registrar of the place where the birth occurred. (46:3)
(3) Upon receipt of the application for delayed registration of birth, the civil registrar shall
examine the completely and correctly filled up and all requirements complied with. (47a)
(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 (1). (49:2a)
Rule 28. Persons Responsible to Report the Event. (1) Immediately after
finding a foundling, the finder shall report the case to the barangay captain of the place
where the foundling was found, or to the police headquarters, whichever is nearer or
convenient to the finder. When the report is duly noted either by the barangay captain or
by the police authority, the finder shall commit the child to the care of the Department of
Social Welfare and Development or to a duly licensed orphanage or charitable or similar
institution. Upon commitment, the finder shall give to the charitable institution his copy
of the Certificate of Foundling, if he had registered the foundling. (N)
(2) In case the finder is awarded the custody of the foundling by the proper authority, he
shall give a name for the child and shall report the same to the civil registrar of the city
or municipality where the child was found. Otherwise, the giving of name to the child
and its registration as foundling shall be the responsibility of the Department of social
Welfare and Development or of the orphanage or charitable or similar institution where
the child was committed. (13:2a)
16
five (5) days from receipt thereof as follows: first copy to the registrant; second copy to
the Office of the Civil Registrar General; and third copy shall be retained for his file. (N)
(5) The death of a person in a vehicular accident, airplane crash or shipwreck within the
jurisdiction of the Philippines and the site of the accident or the place where the victim
was found cannot be determined, the certificate of Death shall be issued by the health
officer of the place of burial and shall be registered in the Office of the civil Registrar of
the said city/municipality. (18:2a)
(6) The death of a person aboard a vessel in the high seas shall be registered in the
Office of the civil Registrar of the place of burial upon presentation of a certificate of
Death issued by the health officer of the said place, or by the ship doctor, if any;
otherwise, the ship captain shall issue and cause the registration of the death certificate.
(19:1a),
(7) If the person was buried or drowned. in the high seas, or for any other reason, the
body was not recovered, registration shall be made in the civil registry office of the place
of last known address of the deceased in the Philippines, or if not resident of the
Philippines, registration shall be made in the civil registry office of Manila. The ship
doctor or captain or the health officer, in the exercise of his wise discretion, may issue
and cause the registration of the death certificate. In such case, the following
requirements shall be complied with:
i. Affidavit of the surviving spouse, parent, guardian or next of kin in the order
mentioned stating, among other things, the circumstances surrounding the death
and
ii. The health officer shall make the annotation Body Not Recovered in the
remarks/ annotation box of the death certificate.(19:2a)
Rule 33. Persons Responsible to Report the Event. (1) It shall be the responsibility of the physician who last attended the deceased or the
administrator of the hospital or clinic where the person died to prepare the proper death
certificate and certify as to the cause of death. The death certificate shall then be
forwarded within forty-eight (48) hours after death, to the health officer who shall
examine the certificate of Death and then affix his signature in the appropriate box and
shall order its registration in the Office of the civil Registrar. (15a)
(2) It shall be the responsibility of the nearest relative or person who has knowledge of
the death to report the same within forty-eight (48) hours if the deceased died without
medical attendance. The health officer shall examine the deceased and shall certify as
to the cause of death and direct the registration of the death certificate to the Office of
the Civil Registrar within the reglementary period of thirty (30) days. (16a)
(3) Where death occurs in a vehicle/vessel/airplane, the driver/ship captain/pilot, as the
case maybe, shall report such death to the concerned health officer. In accidents where
18
19
Rule 36. Mass Death. - Mass death occurs when several persons die due to natural
calamities, accidents, epidemics etc. Where the deceased cannot be identified, the
health officer, upon submission of an affidavit by two disinterested persons, in the
exercise of his wise discretion, may issue and cause the registration of the death
certificate bearing the annotation "Body Not Identified". The affidavit referred to in the
aforementioned statement shall contain the following information:
a) sex of the deceased;
b) estimated age;
c) distinguishing features;
d) condition of the body when found;
e) date when the body was found;
f) place where the body was found; and
g) circumstances surrounding the death. (N)
Rule 37. Death Under Medico-Legal Examination. - (1) A case of death for
investigation by the National Bureau of Investigation or other investigative agency of the
government where the body of the deceased is subject to autopsy or examination by
medico-legal officers is a case for medico-legal. (N)
20
(2) When the death under medico-legal investigation has not been registered in the
place of death, the head of the National Bureau of Investigation or of other investigative
agency or his authorized representative shall cause the registration of such death
through the health officer of the city or municipality where the death occurred. The
medico-legal officer shall accomplish and sign the medical certification of the certificate
of Death. (N)
Rule 38. Fetal Death. - (1) Fetal death is the death prior to the complete expulsion
of a product of conception, irrespective of the period of pregnancy. The death is
indicated by the fact that after such separation, the fetus does not breathe nor show any
other evidence of life, such as the beating of the heart, pulsation of the umbilical cord or
definite movement of voluntary muscles. (22:1a)
(2) The registration of fetal death shall follow the procedure in the registration of death.
(N)
21
Rule 42. Person Responsible to Report the Event. The solemnizing officer
has the duty to report the marriage to the Office of the civil Registrar where the marriage
was solemnized. (N)
22
23
(4) In case of doubt, the civil registrar may verify the authenticity of. the marriage
certification by checking from the church record/log book and the solemnizing officer
who performed the marriage and the church official who issued the certification. (54:2a)
Rule 48. Requisites of Application for Marriage License. - (1) The local
civil registrar, upon receiving such application, shall require the presentation of the
original birth certificates or, in default thereof, the baptismal certificates of the
contracting parties or copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of the documents required
by this Article (now Rule) need to be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity. (Article 12 paragraph 1, Family
Code) (N) If either of the contracting parties is unable to produce his birth or baptismal
certificate or a certified copy of either because of the destruction or loss of the original,
or if it is shown by an affidavit of such party or of any other person that such birth or
baptismal certificate has not yet been received though the same has been required of
24
the person having custody thereof at least fifteen days prior to the date of the
application, such party may furnish in lieu thereof his current residence certificate or an
instrument drawn up and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall contain the sworn
declaration of two witnesses of lawful age, setting forth the full name, residence and
citizenship of such contracting party and of his or her parents, if known, and the place
and date of birth of such party. The nearest of kin of the contracting .parties shall be
preferred as witnesses, or, in their default, persons of good reputation in the province or
the locality. (Article 12 paragraph 2, Family Code) (N) The presentation of the birth or
baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the
lawful age of said parties, as stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age. (Article 12 paragraph 3,
Family Code) (N)
(2) In case either of the contracting parties has been previously married, the applicant
shall be required to furnish, instead of the birth or baptismal certificate required in the
last preceding Article (now paragraph), the death certificate of the deceased spouse or
the judicial decree of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage, its case the death certificate cannot
be secured, the party shall make an affidavit setting forth this circumstance and his or
her actual civil status and the name and date of death of the deceased spouse. (Article
13, Family Code) (N)
(3) In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding Articles, exhibit to the local civil registrar,
the consent to their marriage of their father, mother, surviving parent or guardian, or
persons having legal charge of them, in the order mentioned. Such consent shall be
manifested in writing by the interested party, who personally appears before the proper
local civil registrar, or in the form of an affidavit made in the presence of two witnesses
and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said applications. (Article 14,
Family Code) (N)
(4) Any contracting party between the age of twenty one and twenty-five shall be
obliged to ask their parents or guardian for advice upon the intended marriage. If they
do not obtain such advice, or if it be unfavorable, the marriage license shall not be
issued till after three months following the completion of the publication of the
application thereof. A sworn statement by the contracting parties to the effect that such
advice has been sought, together with the written advice given, if any, shall be attached
to the application for marriage license. Should the parents or guardian refuse to give
any advice, this fact shall be stated in the sworn statement. (Article 15, Family Code)
(N)
25
(5) In the cases where parental consent or parental advice is needed, the party or
parties concerned shall, in addition to the requirements of the preceding Articles, attach
a certificate issued by a priest, imam or minister authorized to solemnize marriage
under Article 7 of this Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have undergone marriage
counseling. Failure to attach said certificate of marriage counseling shall suspend the
issuance of the marriage license for a period of three months from the completion of the
publication of the application. Issuance of the marriage license within the prohibited
period shall subject the issuing officer to administrative sanctions -but shall not affect
the validity of the marriage. (Article 16 paragraph 1, Family Code) (N) Should only one
of the contracting parties need parental consent or parental advice, the other party must
be present at the counseling referred to in the preceding paragraph. (Article 16
paragraph 2, Family Code) (N)
(6) The local civil registrar shall prepare a notice which shall contain the full names and
residences of the applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive days on a bulletin board
outside the office of the civil registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall request all persons having
knowledge of any impediment to the marriage to advise the civil registrar thereof. The
marriage license shall be issued after the completion of the period of publication. (Article
17, Family Code) (N)
(7) In case of any impediment known to the local civil registrar or brought to his
attention, he shall note down the particulars thereof and his findings thereon in the
application for a marriage license, but shall nonetheless issue said license after the
completion of the period of publication, unless ordered otherwise by a competent court
at his own instance or that of any interested party. No filing fee shall be charged for the
petition nor a bond required for the issuance of the order. (Article 18, Family Code) (N)
(8) When either or both of the contracting parties are citizens of a foreign country, it
shall be necessary for them before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by their respective diplomatic or
consular officials. (Article 21 paragraph 1, Family Code) (N) stateless persons or
refugees from other countries shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances showing such capacity to
contract marriage. (Article 21 paragraph 2, Family Code) (N)
(9) The local civil registrar shall require the payment of the fees prescribed by law or
regulations before the issuance of the marriage license. No other sum shall be collected
in the nature of a fee or tax of any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties, that is, those who have no visible
means of income or whose income is insufficient for their subsistence, a fact
established by their affidavit or by their oath before the local civil registrar. (Article 19,
Family Code) (N)
26
(10) The license shall be valid in any part of the Philippines for a period of one hundred
twenty days from the date of issue, and shall be deemed automatically canceled at the
expiration of said period if the contracting parties have not made use of it. The expiry
date shall be stamped in bold characters on the face of every license issued. (Article 20,
Family Code) (N)
Rule 51. Adoption. - The decree of adoption shall be recorded in the civil register
within thirty (30) days after the date of issue of the final judgment of the court. If not
made within the prescribed period, registration of the same shall be considered late, in
which case, the registrant who may be the adopter, natural parents, adopted child, clerk
of court or any interested party shall execute an affidavit showing the circumstances
and reasons why the adoption was not reported for registration within the prescribed
period (N)
27
Rule 54. Annotations in the Civil Register. - (1) After recording the decree of
adoption in the civil register and assigning a registry number by the civil registrar of the
city or municipality where the court issuing the decree is situated, the adopter, natural
parents of the child, adopted child, clerk of court or any interested party shall submit one
copy of said decree to the civil registrar of the city or municipality where the birth of the
adopted child was recorded for annotation in the Register of Births and for the
preparation of amended certificate of Live Birth. (38:1a)
(2) The following annotation shall be made under the column "Remarks" of the Register
of Births, along the line where the facts of birth of the adopted child are entered:
"Adopted by (state the name of the adopter) pursuant to a decree issued by (state the
name of the judge) of (state the name of the court, branch number and location) in
special proceedings number (state the case number) on (state the date of the decree)".
(N)
28
29
Rule 56. Nature of Proceedings and Records. - All records, books and
papers relating to the adoption shall be kept strictly confidential subject to the provision
of Article 38, P. D. 603. (N)
Rule 58. Correction of Entry. - (1) No entry in the civil register shall be changed
or corrected, without judicial order. (Article 412, Civil Code) (59:1a)
(2) The correction of clerical errors of a harmless and innocuous nature shall be made
only upon the order of a competent court, example, a) name which is clearly misspelled;
b) occupation of parents; c) insertion of additional name; and d) any other entries.
(59:1a)
(3) The entry appearing in the register shall remain and the corrected entry shall be
indicated in the remarks column of the register. (N)
(4) When the interested party requests a copy of his/her record, a certified true copy or
a certified transcription bearing the annotation "Correction of Entry" giving reference to
the entry number in the Register of Court Decrees shall be issued. The certified
transcription to be issued shall bear the correction as ordered by the court. (N)
Rule 59. Change of Name. - (1) No person can change his name or surname
without judicial authority (Article 376, civil Code) (N)
(2) The name appearing in the civil register shall remain and the new name shall be
indicated in the remarks column of the same civil register. (41:a)
(3) When the interested party requests a copy of his/her record, a certified true copy or
a certified transcription bearing the annotation "Change of Name" giving reference to
the entry number in the Register of Court Decrees shall be issued. The certified
transcription to be issued shall bear the new name as per court order. (41:a)
30
31
32
33
Rule 67. Option to Elect Philippine Citizenship. (1) The option to elect
Philippine citizenship in accordance with subsection (4) Section 1, Article IV, of the
Constitution shall be expressed in a statement to be signed and sworn by the party
concerned before any officer authorized to administer oaths, and shall be filed with the
nearest civil registry. The said party shall accompany the aforesaid statement with the
oath of allegiance to the Constitution and the Government of the Philippines. (Section 1,
C.A. No. 625) (N)
(2) The instrument of an option to elect Philippine citizenship shall be registered at the
Office of the civil Registrar of the city/municipality where the instrument was executed
not later than thirty (30) days from the date of execution and upon payment of the
required fee of ten pesos (P 10.00) and other required fees. (43:1a)
(3) After registration of the instrument of election, the civil registrar shall furnish the
Office of the civil Registrar-General and the Solicitor General a copy of each of the
document. (43:2a)
(4) Only legitimate children of an alien father and a Filipino mother at the time of
marriage to her alien husband are entitled to elect Philippine citizenship under the 1935
Constitution of the Philippines and Commonwealth Act No. 625 upon attaining the age
of majority. (Op. No,. 387, Series 1951) (44:1)
(5) Under the 1973 Constitution, those whose fathers or mothers are citizens of the
Philippines are considered Filipinos and shall no longer elect Philippine citizenship upon
attaining the age of majority. However, this applies only to persons born on or after
January 17, 1973. (44:2)
(6) Election of the Philippine citizenship executed, subscribed and sworn to before the
Philippine Embassy and Consular Officer abroad, together with his oath of allegiance,
shall be registered in the Office of the civil Registrar of Manila. (Section 2, C.A. No. 625)
(45a)
Rule 68. Repatriation. - (1) The instrument of repatriation and the oath of
allegiance to the Constitution and the Government of the Philippines shall be filed in the
Office of the civil Registrar 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. (42:1a)
(2) When the party requests a certified true copy of the legal instrument registered, a
certified copy' shall be issued upon payment of fees prescribed by laws. (N)
34
Rule 70. Violations of Act 3613. - (1) Any municipal secretary or clerk of the
Municipal Court of Manila who issues a marriage license to a person entitled thereto or
fails to issue the same within twenty-four hours after the time when, according to law, it
was proper to issue the same, shall be punished by imprisonment for not less than one
month nor more than two years, or by a fine of not less than two hundred pesos nor
more than two thousand pesos. (Section 38) (N)
(2) Any priest or minister solemnizing marriage without being authorized by the Director
of the Bureau of Public Libraries (now by the Civil Registrar-General) or who upon
solemnizing marriage, refuses to exhibit his authorization in force when called upon to
do so by the parties or parents, grandparents, guardians, or persons having charge; and
any bishop or officer, priest, or minister of any church, religion or sect the regulations
and practices whereof require banns or publications previous to the solemnization of
marriage in accordance with section 10 who authorized the immediate solemnization of
a marriage that is subsequently declared illegal, or any officer, priest or minister
solemnizing marriage in violation of the provisions of this Act, shall be punished by
imprisonment of not less than one month nor more than two years, or by a fine of not
less than two hundred pesos nor more than two thousand pesos. (Section 39) (N)
(3) Any officer, minister or priest, solemnizing marriage in a place other than those
authorized by this Act, shall be punished by a fine of not less than twenty-five pesos nor
more than three hundred pesos, or by imprisonment of not more than one month, or
both, in the discretion of the court. (Section 40) (N)
35
(4) Any officer, priest, or minister failing to deliver to either of the contracting parties one
of the copies of the marriage contract (now Certificate of Marriage) or to forward the
other copy to the authorities within the period fixed by law for said purpose, shall be
punished by imprisonment of not more than one month, or by a fine of not more than
three hundred pesos, or both, in the discretion of the court. (Section 41) (N)
(5) Any officer, priest, or minister who, having solemnized a marriage "in articulo mortis"
or any other marriage of an exceptional character (now marriage exempt from license
requirement), fails to comply with the provisions of Chapter II of this Act, shall be
punished by imprisonment of not less than one month nor more than two years, or a fine
of not less than three hundred pesos nor more than two thousand pesos, or both, in the
discretion of the court. (Section 42) (N)
(6) Any priest or minister of the gospel of any denomination, church, sect, or religion
convicted for violation of any of the provisions of this Act, or of any crime involving moral
turpitude shall, in addition to the penalties incurred in each case, be disqualified to
solemnize marriage for a period of not less than six months nor more than six years at
the discretion of the court. (Section 45) (N)
Rule 71. violation of C.A. No. 625. - The penalty of prision correccional, or a fine
not exceeding ten thousand pesos, or both, shall be imposed on anyone found guilty of
fraud or falsehood in making the statement prescribed for the registration of option to
elect Philippine citizenship. (Section 4 CA No. 625) (65a)
Rule 74. Repealing Clause. - All previous rules and regulations, orders,
memoranda or circulars issued by the Civil Registrar-General not inconsistent with
these rules and regulations shall continue to be in full force and effect, otherwise, the
same shall be deemed repealed or modified accordingly. (69)
36
Rule 75. Effectivity Clause. These rules and regulations shall take effect
fifteen(15) days after publication in the Official Gazette. (N)
Done in the city of Manila, Philippines, this 18th day of December, 1992.
Tomas P. Africa
Administrator and
Civil Registrar-General
Approved:
By authority of the President:
EDELMIRO A . AMANTE
Executive Secretary
37
APPENDIX 1
38
39
40
Certificate of Foundling
41
Certificate of Death
42
43
44
45
Certificate of Marriage
46
47
48
APPENDIX 2
49
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
_________________________________
50
__________________, 19_____
We
certify
that
this
office
has
no
record
of
birth
of
__________________________,
who
is
alleged
to
have
been
born
on
_______________________
in
this
city/municipality,
of
parents
___________________________________ and _________________________________.
Hence, we cannot issue, as requested, a true copy of his/her Certificate of
Live Birth or transcription from the Register of Births.
We also certify that the records of births for the year __________ are
still intact in the archives of this office.
This certification is issued to ______________________________________
upon his/her request.
Amount Paid:_____________
O.R. Number:_____________
Date Paid :_____________
Note:A
mark,
certification.
erasure
or
alteration
51
of
any
entry
invalidates
this
________________, 19________
TO WHOM IT MAY CONCERN:
We certify that the records of births filed in the archives of this
office include those which were registered from __________ to present.
However, the records of births during the period ____________ to ____________
were totally destroyed by ___________________. Hence we cannot issue as
requested a true transcription from the Register of Births or true copy of the
certificate of Live Birth of ___________________________________________, who
is alleged to have been born on ____________________ in this city/municipality
of parents ___________________________ and _____________________________.
We also certify that for every registered birth, this office submits a
copy of the Certificate of Live Birth to the office of the Civil RegistrarGeneral,National Statistics Office, R. Magsaysay Blvd., Sta. Mesa, Manila. In
view of this, the interested party is hereby advised to make further
verification in the archives of that office.
This certification is issued to __________________________________ upon
his/her request.
52
________________, 19_______
Registry number
: __________________________
Date of registration
: __________________________
: __________________________
Sex
: __________________________
Age
: __________________________
Civil Status
: __________________________
Citizenship
: __________________________
Date of death
: __________________________
Place of death
: __________________________
Cause of death
: __________________________
53
_______________, 19________
We
certify
that
this
office
has
no
record
of
death
of
_________________________________________________________ who is alleged to
have died on ______________________________________ in this city/municipality.
Hence, we cannot issue, as requested, a true copy of his/her certificate of
Death or transcription from the Register of Death.
We also certify that the records of deaths for the year ___________ are
still intact in the archives of this office.
This certification is issued to
upon his/her request.
_______________________________________
Verified by:
54
__________________, 19_______
55
Name
Date of birth/Age
Citizenship
Civil Status
Mother
Father
:
:
:
:
:
:
Husband
______________________
______________________
______________________
______________________
______________________
______________________
Registry number
Date of registration
Date of Marriage
Place of Marriage
This certification is
upon his/her request.
:
:
:
:
issued
:
:
:
:
:
:
Wife
______________________
______________________
______________________
______________________
______________________
______________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
to
__________________________________________
56
57
However,
_____________
the
to
records
of
marriages
_______________
were
during
totally
the
period
destroyed
by
from
the
Certificate
of
Marriage
____________________,
Register
who
of
Marriages
between
are
alleged
or
true
copy
of
______________________
to
have
been
married
the
and
on
Registrar-General,
National
Statistics
office,
R.
Magsaysay
certification
is
issued
to
_____________________________
58
Woman
Name of applicant
: _________________ : ________________
Date of birth/Age
: _________________ : ________________
Residence
: _________________ : ________________
Citizenship
: _________________ : ________________
Civil Status
: _________________ : ________________
Mother
: _________________ : ________________
Father
: _________________ : ________________
Registry Number
: _________________________________
Date of Registration
: _________________________________
Date of issuance of
: _________________________________
marriage license
Marriage license
: _________________________________
number
This certification is issued to _________________________________
upon his/her request.
Verified by:
Name and Signature
Position
59
in
the
registered
archives
from
of
this
_______________
Office
to
include
present.
those
However,
which
such
were
records
Hence,
we
cannot
issue
as
requested,
true
true
copy
of
such
document
_____________________________,
of
who
__________________________
are
alleged
to
have
applied
and
on
also
certify
that
for
every
registered
application
for
Registrar-General,
National
Statistics
Office,
R.
Magsaysay
61