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Court Decrees and Legal Instruments Affecting Civil Status of Persons
Court Decrees and Legal Instruments Affecting Civil Status of Persons
INTRODUCTION
From January to June 2012, the National Statistics Office (NSO) processed a total of
21,222 requests for annotation of documents affected by court decrees (CD) with the
average of 167 transactions daily and 98,228 requests for annotation of documents
affected by legal instruments (LI) with the average of 775 transactions daily.
The importance of having a correct civil registry document and the increasing
number of adoption cases, not to mention, legitimation, acknowledgement and
dissolution of marriages greatly contributed to the increase of the demands for civil
registry documents affected by court decrees and legal instruments (CDLI).
This paper aims to provide a wider understanding on how CDLIs are processed and
what are the actions available in cases of problems in the processing of these kind
of requests.
A. COURT DECREE
These are court orders which are registrable. These undergone hearing and were
approved by a competent court.
There are many registrable court decrees. But for the purpose of this paper, the
following court decrees will be discussed:
Adoption
Annulment of Marriage
Declaration of Nullity of Marriage
Legal Separation
Presumptive Death
Cancellation/Correction of Entry
Paper presented by Lourdes J. Hufana, Director III, Civil Registration Department, NSO, during
the 6th National Workshop on Civil Registration held at the SMX Convention Center, Mall of Asia
Complex, Pasay City on August 7-9, 2012.
Annulment of Marriage
It is a court decision declaring the severance of the marriage bond based on
legal grounds provided for under the Family Code.
Declaration of Nullity of Marriage
An act declaring the marriage void from the beginning or inexistent from the
time of its performance. The marriage is fatally defective and cannot be
ratified as in the case of annulment.
Legal Separation
It is a court decision ordering the separation of the husband from his wife. In
legal separation, the spouses are not free to contract subsequent marriages
because they are still married even if already legally separated.
Presumptive Death
A court decree that declares that a spouse is presumed dead if he/she had
been absent for four consecutive years and the spouse present had a well
founded belief that the absent spouse was already dead.
In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an
absence of two years shall be sufficient.
Cancellation/Correction of Entry
Court decision declaring the cancellation or correction of any entry relating
thereto, with the Regional Trial Court (RTC) of the province where the
corresponding civil registry is located.
A certified copy of the judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.
Generally, registration of all court decrees is ten (10) days after they become
final. Exception is in case of adoption wherein registration is done thirty (30)
days after the decision becomes final.
Who Registers:
Under Rule 50 of Administrative Order No. 1, Series of 1993, the court decree
shall be registered by the successful petitioner upon the advise of the Clerk of
Court. The Clerk of Court may also register the court decree.
Where to Register:
All court decrees should be registered at the Local Civil Registry Office
(LCRO) of the place where the court, which issued the decision or decree is
located.
Legal Separation
Pursuant to the decision dated __________ rendered by Judge
_______________ of the Regional Trial Court of __________, Branch
____, under Case No. _________, the parties are hereby declared legally
separated.
Correction of Entry
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The request for the annotated civil registry document/amended birth certificate
cannot be processed unless every pages of the court decision is certified and
signed by the concerned civil registrar.
4. Inconsistency in the decision and the civil registry document
If some parts of the decision bear inconsistent items in the affected civil registry
document the following should be done:
The client should request the court through his/her lawyer to file an
amendment of the court decision if the same is inconsistent with the civil
registry document;
If the civil registry document has erroneous entries, this should undergo
correction either in the court or through R.A. 9048 before the decision of the
court should be enforced.
If an adoption has been rescinded by the court, the effects of such decision
shall be annotated in the amended birth certificate. Once all the supporting
documents have been forwarded to the NSO, the amended birth certificate
shall also be annotated and the birth certificate prior to adoption shall be
issued. The amended birth certificate shall not be issued anymore.
There is no standard annotation in the rescission of adoption. The annotation
is based on the dispositive portion of the court. Currently the office is drafting
an office memorandum standardizing the annotation for rescission of the
adoption.
The following is the sample annotation for the rescission of adoption received
by the Office:
Pursuant to the decision dated _______________ rendered by Judge
________________ of the Regional Trial Court, __ Judicial Region,
Branch ______ of __________________, ______________ under
Special Proceedings No. _______, judgment is hereby issued ordering
the rescission of the adoption of the minor ______________. As the
Adoption is now rescinded the adoptee shall now henceforth use
________________________, which is the name stated in the original
birth certificate
8. Issuance of a birth certificate prior to adoption
As a rule, the birth certificate prior to adoption will not be issued anymore
following the approval of the petition of adoption. Under Rule 16B(3)(c) of the
New Rules of Adoption, the original birth certificate (or the birth certificate prior
to adoption) shall already be sealed. However, it can be opened only upon
order of the court who issued the decree of adoption.
All marriages subsequently contracted by the spouses are considered void for
being bigamous in the absence of a court declaration nullifying the first
marriage.
The spouse who contracted a second marriage has to file a petition for
declaration of nullity of the first marriage. However the second marriage
contracted by the said spouse is not automatically considered valid by reason
of the declaration of nullity of the first marriage.
A second marriage contracted by either of the spouses should also be declared
null and void before he/she can re-marry.
B. LEGAL INSTRUMENTS
Are sworn statements in a form of affidavit which affect the civil status of persons.
These acts are executed without an order from the court.
Like court decrees, there are also many registrable legal instruments. But for the
purpose of this paper, the following legal instruments will be discussed:
Affidavit of Reappearance
Option to elect Philippine Citizenship
Legitimation/R.A. 9858
Acknowledgement/R.A. 9255
Parental Authorization or Ratification of Artificial Insemination
Affidavit of Reappearance
It is a sworn statement of the fact and circumstance of the reappearance of
the absent spouse shall be recorded in the civil registry office of the residence
of the party or parties.
Option to Elect Philippine Citizenship
It is a statement that allows the child (those who were born before Jan. 17,
1973 of Filipino mothers and of alien fathers) to choose or elect Philippine
Citizenship upon reaching the age of majority.
Legitimation
A remedy in which the child, who is illegitimate, is considered legitimate by
virtue of the parents not being disqualified to marry each other at the time
when the child was conceived and the fact that they subsequently married
each other after the child was born.
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execution.
Exceptions to this rule are:
All public documents executed abroad shall be registered with the Civil
Registry Office of Manila.
For Acknowledgement
Acknowledged by (name of acknowledging parent/s) on
acknowledgement); Family name changed to ________________.
(date
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All legal instruments executed abroad shall be registered in the Civil Registry
Office of Manila, including legal instruments which may be executed in the
Philippines if the vital events occurred in a foreign country and duly registered
with the Philippine Consulate.
6. Annotation of the fact of the reappearance of the spouse declared
presumptively dead by the court in the marriage certificates of the
present spouse.
The effects of the reappearance of the absent spouse declared presumptively
dead by the court should not be annotated in the marriage certificate of either
the first or second marriage of the present spouse.
However, the
reappearance of the absent spouse shall have the effect of declaring the
subsequent marriage as null and void.
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___________
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