REPUBLIC ACT NO.
9048 March 22, 2001 performance of clerical work in
AN ACT AUTHORIZING THE CITY OR
MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A
CLERICAL OR TYPOGRAPHICAL
ERROR IN AN ENTRY AND/OR CHANGE
OF FIRST NAME OR NICKNAME IN THE
CIVIL REGISTER WITHOUT NEED OF A
JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE ARTICLES 376 AND 412 OF
THE CIVIL CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House
of Representatives of the Philippines in
Congress assembled:
Section 1. Authority to Correct Clerical or
Typographical Error and Change of First
Name or Nickname – No entry in a civil
register shall be changed or corrected
without a judicial order, except for clerical or
typographical errors and change of first
name or nickname which can be corrected
or changed by the concerned city or
municipal civil registrar or consul general in
accordance with the provisions of this Act
and its implementing rules and regulations.
Section 2. Definition of Terms – As used in
this Act, the following terms shall mean:
(1) "City or Municipal civil registrar"
refers to the head of the local civil
registry office of the city or
municipality, as the case may be,
who is appointed as such by the city
or municipal mayor in accordance
with the provisions of existing laws.
(2) "Petitioner" refers to a natural
person filing the petition and who
has direct and personal interest in
the correction of a clerical or
typographical error in an entry or
change of first name or nickname in
the civil register.
(3) "Clerical or typographical error"
refers to a mistake committed in the
writing, copying, transcribing or
typing an entry in the civil register
that is harmless and innocuous,
such as misspelled name or
misspelled place of birth 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 or
records: Provided, however, That no
correction must involve the change
of nationality, age, status or sex of
the petitioner.
(4) "Civil Register" refers to the
various registry books and related
certificates and documents kept in
the archives of the local civil registry
offices, Philippine Consulates and of
the Office of the Civil Registrar
General.
(5) "Civil registrar general" refers to
the Administrator of the National
Statistics Office which is the agency
mandated to carry out and
administer the provision of laws on
civil registration.
(6) "First name" refers to a name or
nickname given to a person which
may consist of one or more names
in addition to the middle and last
names.
Section 3. Who May File the Petition and
Where. – Any person having direct and
personal interest in the correction of a
clerical or typographical error in an entry
and/or change of first name or nickname in
the civil register may file, in person, a
verified petition with the local civil registry
office of the city or municipality where the
record being sought to be corrected or
changed is kept.
In case the petitioner has already migrated
to another place in the country and it would
not be practical for such party, in terms of
transportation expenses, time and effort to
appear in person before the local civil
registrar keeping the documents to be
corrected or changed, the petition may be
filed, in person, with the local civil registrar
of the place where the interested party is
presently residing or domiciled. The two (2)
local civil registrars concerned will then
communicate to facilitate the processing of
the petition.
Citizens of the Philippines who are presently
residing or domiciled in foreign countries
may file their petition, in person, with the
nearest Philippine Consulates.
The petitions filed with the city or municipal
civil registrar or the consul general shall be
processed in accordance with this Act and
its implementing rules and regulations.
All petitions for the clerical or typographical
errors and/or change of first names or
nicknames may be availed of only once.
Section 4. Grounds for Change of First
Name or Nickname. – The petition for
change of first name or nickname may be
allowed in any of the following cases:
(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 by that first name or nickname
in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the
Petition. – The petition shall be in the form
of an affidavit, subscribed and sworn to
before any person authorized by the law to
administer oaths. The affidavit shall set forth
facts necessary to establish the merits of
the petition and shall show affirmatively that
the petitioner is competent to testify to the
matters stated. The petitioner shall state the
particular erroneous entry or entries, which
are sought to be corrected and/or the
change sought to be made.
The petition shall be supported with the
following documents:
(1) A certified true machine copy of
the certificate or of the page of the
registry book containing the entry or
entries sought to be corrected or
changed.
(2) At least two (2) public or private
documents showing the correct entry
or entries upon which the correction
or change shall be based; and
(3) Other documents which the
petitioner or the city or municipal civil
registrar or the consul general may
consider relevant and necessary for
the approval of the petition.
In case of change of first name or
nickname, the petition shall likewise be
supported with the documents mentioned in
the immediately preceding paragraph. In
addition, the petition shall be published at
least once a week for two (2) consecutive
weeks in a newspaper of general
circulation. Furthermore, the petitioner shall
submit a certification from the appropriate
law enforcement agencies that he has no
pending case or no criminal record.
The petition and its supporting papers shall
be filed in three (3) copies to be distributed
as follows: first copy to the concerned city or
municipal civil registrar, or the consul
general; second copy to the Office of the
Civil Registrar General; and third copy to
the petitioner.
Section 6. Duties of the City or Municipal
Civil Registrar or the Consul General. – The
city or municipal civil registrar or the consul
general to whom the petition is presented
shall examine the petition and its supporting
documents. He shall post the petition in a
conspicuous place provided for that purpose
for ten (10) consecutive days after he finds
the petition and its supporting documents
sufficient in form and substance.
The city or municipal civil registrar or the
consul general shall act on the petition and
shall render a decision not later than five (5)
working days after the completion of the
posting and/or publication requirement. He
shall transmit a copy of his decision
together with the records of the proceedings
to the Office of the Civil Registrar General
within five (5) working days from the date of
the decision.
Section 7. Duties and Powers of the Civil
Registrar General. – The civil registrar
general shall, within ten (10) working days
from receipt of the decision granting a
petition, exercise the power to impugn such
decision by way of an objection based on
the following grounds:
(1) The error is not clerical or
typographical;
(2) The correction of an entry or
entries in the civil register is
substantial or controversial as it
affects the civil status of a person; or
(3) The basis used in changing the
first name or nickname of a person
does not fall under Section 4.
The civil registrar general shall immediately
notify the city or municipal civil registrar or
the consul general of the action taken on
the decision. Upon receipt of the notice
thereof, the city or municipal civil registrar or
the consul general shall notify the petitioner
of such action.
The petitioner may seek reconsideration
with the civil registrar general or file the
appropriate petition with the proper court.
If the civil registrar general fails to exercise
his power to impugn the decision of the city
or municipal civil registrar or of the consul
general within the period prescribed herein,
such decision shall become final and
executory.
Where the petition is denied by the city or
municipal civil registrar or the consul
general, the petitioner may either appeal the
decision to the civil registrar general or file
the appropriate petition with the proper
court.
Section 8. Payment of Fees. – The city or
municipal civil registrar or the consul
general shall be authorized to collect
reasonable fees as a condition for accepting
the petition. An indigent petitioner shall be
exempt from the payment of the said fee.
Section 9. Penalty Clause. - A person who
violates any of the provisions of this Act
shall, upon conviction, be penalized by
imprisonment of not less than six (6) years
but not more than twelve (12) years, or a
fine of not less than Ten thousand pesos
(P10,000.00) but not more than One
Hundred Thousand pesos (P100,000.00), or
both, at the discretion of the court.
In addition, if the offender is a government
official or employee he shall suffer the
penalties provided under civil service laws,
rules and regulations.
Section 10. Implementing Rules and
Regulations. - The civil registrar general
shall, in consultation with the Department of
Justice, the Department of Foreign Affairs,
the Office of the Supreme Court
Administrator, the University of the
Philippines Law Center and the Philippine
Association of Civil Registrars, issue the
necessary rules and regulations for the
effective implementation of this Act not later
than three (3) months from the effectivity of
this law.
Section 11. Retroactivity Clause. - This Act
shall have retroactive effect insofar as it
does not prejudice or impair vested or
acquired rights in accordance with the Civil
Code and other laws.
Section 12. Separability Clause. - If any
portion or provision of this Act is declared
void or unconstitutional, the remaining
portions or provisions thereof shall not be
affected by such declaration.
Section 13. Repealing Clause - All laws,
decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with
the provisions of this Act are hereby
repealed or modified accordingly.
Section 14. Effectivity Clause. - This Act
shall take effect fifteen (15) days after its
complete publication in at least two (2)
national newspapers of general circulation.
Republic Act No. 10172 Implementing
Rules and Regulations
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR
GENERAL
National Statistics Office
Manila
ADMINISTRATIVE ORDER NO. 1, SERIES
OF 2012
Subject: RULES AND REGULATIONS
GOVERNING THE IMPLEMENTATION OF
REPUBLIC ACT NO. 10172 (An Act
Further Authorizing the City or Municipal
Civil Registrar or the Consul General to
Correct Clerical or Typographical Errors
in the Day and Month in the Date of Birth
or Sex of a Person Appearing in the Civil
Register Without Need of a Judicial
Order, Amending for this Purpose Act
Numbered Ninety Forty-Eight.)
Pursuant to Section 2 of Act No. 3753, the
Office of the Civil Registrar General
(OCRG) hereby promulgates the following
rules and regulations of Republic Act No.
10172 which was approved on August 15,
2012 for the information, guidance and
compliance of all concerned parties.
PRELIMINARY STATEMENT
Commonwealth Act No. 591 mandates the
National Statistics Office (NSO) through the
OCRG to carry out and administer the
provisions of Act No. 3753 otherwise known
as the “Civil Registry Law”.
This Order shall be suppletory to
Administrative Order No. 1, Series of 2001
(Implementing Rules and Regulations,
Republic Act No. 9048).
Republic Act No. 10172 amended Sections
1, 2, 5 and 8 of Republic Act No.
9048. Section 1 of this Amendatory Law
provides, “No entry in a civil register shall be
changed or corrected without a judicial
order, except for clerical or typographical
errors and change of first name or
nickname, the day and month in the date of
birth or sex of a person where it is patently
clear that there was a clerical or
typographical error or mistake in the entry,
which can be corrected or changed by the
concerned city or municipal civil registrar
(C/MCR) or consul general in accordance
with the provisions of this Act and its
implementing rules and regulations.”
IMPLEMENTING RULES AND
REGULATIONS
Rule 1. Authority to Correct Clerical or
Typographical Error
The duly appointed C/MCR in accordance
with the provisions of the existing laws,
including the Consul General, are hereby
authorized to correct clerical or
typographical errors in the day and month
(date of birth) or sex of a person in the civil
register for birth.
Rule 2. Definition of Terms
As used in these rules, the following terms
shall mean:
 2.1. Clerical or typographical error -
Refers to a mistake committed in the
performance of clerical work in
writing, copying, transcribing or typing
an entry in the civil register on the
entry of day and month in the date of
birth or the sex of the person, which is
visible to the eyes or obvious to the
understanding, and can be corrected
or changed only by reference to other
existing record or records: Provided,
however, that no correction must
involve the change of nationality, age
(refers to the correction on the year of
birth), or legitimacy status of the
petitioner/document owner.
2.2. Sex – Refers to the biological and
physiological characteristics that
define men and women.
2.3. Day and Month of Birth – Refers
to the entry in the month and/or day of
birth of the petitioner/document owner
which is sought to be corrected.
2.4. Accredited Government
Physician – Refers to a licensed
doctor of medicine who is registered
with the Professional Regulations
Commission (PRC) and is employed
in any government hospitals, health
institutions, or public health offices.
2.5. Medical Certification – Refers to
the certification issued by the
accredited government physician
attesting to the fact that the
petitioner/document owner has not
undergone sex change or sex
transplant.
Rule 3. Who may file the petition.
3.1. For correction of entry on the day
and/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 in
the day and/or month in the date of
birth of a person in the civil register
for birth, 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 other 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 behalf by his/her
spouse, or any of his/her children,
parents, brothers; sisters;
grandparents, guardians, or persons
duly authorized by law.
3.2. 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.
Rule 4. Where to file the petition
4.1. For correction of clerical and
typographical error in the entry of the
day and/or month in the date of birth.
The verified petition may be filed with
the C/MCR of the city or municipality
or the Philippine Consulate, as the
case may be, where the birth record
containing the day and/or month in
the date of birth to be corrected is
registered.
When the petitioner has migrated to
another place within the Philippines
and it is not practical for such party, in
terms of transportation expenses,
time and effort to appear before the
C/MCR of the place of birth, the
petition may be filed with the C/MCR
of the place where the petitioner is
residing or domiciled.
Any person whose birth record was
reported abroad and presently
 residing in the Philippines, the petition
may be filed with the C/MCR of the
place of residence following the
procedures of migrant petition.
Any person whose birth record was
registered in the Philippines, or in any
Philippine Consulate, but who is
presently residing or domiciled in a
foreign country, may file the petition
with the nearest Philippine Consulate.
4.2. For correction of clerical and
typographical error in the entry of sex
The verified petition shall be filed, in
person, with the C/MCR of the city or
municipality or the Philippine
Consulate, as the case may be,
where the record containing the entry
of sex in the birth certificate to be
corrected is registered.
Rule 5. Processing of the petition
Insofar as applicable, Rule 5 of
Administrative Order No. 1, Series of 2001,
shall be observed.
Rule 6. Form and content of the petition
Insofar as applicable, Rule 8 of
Administrative Order No. 1, Series of 2001
shall be observed. In addition, as supporting
documents to the petition, the following shall
be submitted:
6.1. Earliest school record or earliest
school documents;
6.2. Medical records;
6.3. Baptismal certificate and other
documents issued by religious
authorities;
6.4. A clearance or a certification that
the owner of the document has no
pending administrative, civil or
criminal case, or no criminal record,
which shall be obtained from the
following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of
Investigation; and
6.4.3. Philippine National
Police.
6.5. The petition for the correction of
sex and day and/or month in the date
of birth shall include the affidavit of
publication from the publisher and a
copy of the newspaper clipping; and
6.6. In case of correction of sex, the
petition shall be supported with a
medical certification issued by an
accredited government physician that
the petitioner has not undergone sex
change or sex transplant.
Rule 7. Posting and publication of the
petition.
Insofar as applicable, Rule 9 of
Administrative Order No. 1, Series of 2001
shall be observed.
Rule 8. Duties of the C/MCR
Insofar as applicable, Rule 10 of
Administrative Order No. 1, Series of 2001
shall be observed.
In addition, the C/MCR shall issue a
certification on the authenticity of the
certification issued by the accredited
government physician certifying that the
petitioner/document owner has not
undergone sex change or sex transplant.
Rule 9. Duties and powers of the CRG
Insofar as applicable, Rule 11 of
Administrative Order No. 1, Series of 2001
shall be observed.
Rule 10. Authority to collect filing and
other fees
The C/MCR is hereby authorized to collect
from every petitioner three thousand pesos
(P3,000.00) for petition to correct the day
and/or month in the date of birth or sex. An
indigent petitioner shall be exempt from
paying the required payment, provided that
the petition is supported by a certification
from the City/Municipal Social Welfare
Office that the petitioner/document owner is
indigent.
In the case of a petition filed with the CG, a
filing fee of one hundred fifty U.S. dollars
($150.00) or its equivalent value in local
currency for the correction of clerical or
typographical error is required.
In the case of a 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 pursuant to this Law shall
accrue to the funds of the Local Civil
Registry Office concerned or the Office of
the Consul General 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 effectivity 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 therein shall be uniform
in all cities and municipalities in the country,
and in all Philippine Consulates.
Rule 11. Retroactivity clause
This Order shall have retroactive effect
insofar as it does not prejudice or impair
vested or acquired rights in accordance with
the Civil Code and other laws.
Rule 12. Separability clause
If any portion or provision of this Order is
declared void or unconstitutional, the
remaining portions or provisions thereof
shall not be affected by such declaration.
Rule 13. Repealing clause.
All circulars, memoranda, rules and
regulations or parts thereof inconsistent with
the provisions of this Order are hereby
repealed or modified accordingly.
Rule 14. Effectivity clause.
This Order shall take effect fifteen (15) days
after its publication in the Official Gazette or
in at least two newspapers of general
circulation.
Approved this 24th day of October 2012.
REPUBLIC ACT No. 11222
An Act Allowing the Rectification of
Simulated Birth Records and Prescribing
Administrative Adoption Proceedings for
the Purpose
Be it enacted by the Senate and House of
Representatives of the Philippine Congress
Assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. - This Act shall be
known as the "Simulated Birth Rectification
Act".
Section 2. Objectives. - This Act shall have
the following objectives:
(a) To grant amnesty and allow the
rectification of the simulated birth of
a child where the simulation was
made for the best interest of the
child, and that such child has been
consistently considered and treated
by the person or persons who
simulated such birth as her, his, or
their own daughter or son;
(b) To fix the status and filiation of a
child whose birth was simulated by
giving such child all the benefits of
adoption and ensuring that the child
shall be entitled to all the rights
provided by law to legally adopted
 children, without any discrimination
of any kind, as well as to love,
guidance, and support from the
child’s adoptive family;
(c) To exempt from criminal, civil,
and administrative liability those who
simulated the birth record of a child
prior to the effectivity of this
Act: Provided, That a petition for
adoption with an application for the
rectification of the simulated birth
record is filed within ten (10) years
from the effectivity of this Act;
(d) To provide for and allow a
simpler and less costly
administrative adoption proceeding
where the child has been living with
the person or persons who
simulated her or his birth record for
at least three (3) years before the
effectivity of this Act; and(e) To
educate and inform the public about
the rectification of simulated births,
and to encourage people to avail of
the benefits of this Act.
Section 3. Definition of Terms. - As used in
this Act:
(a) Certification Declaring a Child
Legally Available for Adoption
(CDCLAA) refers to a document
issued by the Secretary of the
Department of Social Welfare and
Development (DSWD) or the
Secretary’s duly authorized
representative as provided for by
Republic Act No. 9523, otherwise
known as "An Act Requiring
Certification of the Department of
Social Welfare and Development
(DSWD) to Declare a ‘Child Legally
Available for Adoption’ as a
Prerequisite for Adoption
Proceedings, Amending for this
Purpose Certain Provisions of
Republic Act No. 8552, otherwise
known as the Domestic Adoption Act
of 1998; Republic Act No. 8043,
otherwise known as the Inter-
Country Adoption Act of 1995; and
Presidential Decree No. 603,
otherwise known as the Child and
Youth Welfare Code, and for Other
Purposes", administratively declaring
that a child is legally available for
adoption which terminates the rights
of the biological parents, guardian,
or other custodian to exercise
authority over the child upon
issuance of the certificate;
(b) Child refers to a person below
eighteen (18) years of age, or a
person eighteen (18) years of age or
over who is unable to fully take care
of herself or himself or protect
herself or himself from abuse,
neglect, cruelty, exploitation, or
discrimination because of a physical
or mental disability or condition,
whose birth was simulated;
(c) Foundling refers to a child who is
abandoned and whose parentage is
unknown;
(d) Regional Director refers to the
head of a field office of the DSWD;
(e) Secretary refers to the Secretary
of the DSWD;
(f) Simulation of birth record refers to
the tampering of the civil registry to
make it appear in the record of birth
that a child was born to a person
who is not such child’s biological
mother, causing the loss of the true
identity and status of such child; and
(g) Social Welfare and Development
Officer refers to the head of a city or
municipal social welfare and
development office, which serves as
the frontline of a city or municipal
government in the delivery of social
 welfare and development programs
and services.
ARTICLE II
RECTIFICATION OF SIMULATED BIRTHS
Section 4. Rectification of Simulated Birth
Record. - Notwithstanding any provision of
law to the contrary, a person or persons
who, prior to the effectivity of this Act,
simulated the birth of a child, and those who
cooperated in the execution of such
simulation, shall not be criminally, civilly, or
administratively liable for such
act: Provided, That the simulation of birth
was made for the best interest of the child
and that the child has been consistently
considered and treated by such person or
persons as her, his, or their own daughter or
son: Provided, further, That such person or
persons has or have filed a petition for
adoption with an application for the
rectification of the simulated birth record
within ten (10) years from the effectivity of
this Act: Provided, finally, That all the
benefits of this Act shall also apply to adult
adoptees.
Section 5. Administrative Adoption and
Rectification. - A person or persons who
simulated the birth of a child under the
conditions provided under Section 4 of this
Act may avail of administrative proceedings
for the adoption and rectification of the
simulated birth record of such
child: Provided, That the child has been
living with the person for at least three (3)
years before the effectivity of this
Act: Provided, further, That a certificate
declaring the child legally available for
adoption (CDCLAA) is issued by the DSWD
in favor of such child.
Section 6. Inadmissible Evidence. - All
petitions, documents, records, and papers
relating to adoption and rectification of
simulated births under this Act cannot be
used as evidence against those who
simulated the birth of a child or who
cooperated in the execution of such
simulation in any criminal, civil, or
administrative proceeding.
ARTICLE III
ADDITIONAL REQUIREMENTS FOR
ADMINISTRATIVE ADOPTION
Section 7. Personal Qualifications. -
Adopters must:
(a) Be Filipino citizens;
(b) Be of legal age;
(c) Possess full civil capacity and
legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any
crime involving moral turpitude;
(f) Be emotionally and
psychologically capable of caring for
children; and
(g) Be in a position to support and
care for the child in keeping with the
means of the family.
In case of adoption by a married couple,
where one of the adopters is a foreign
national married to a Filipino, the foreign
national must have been residing in the
Philippines for at least three (3) continuous
years prior to the filing of the petition for
adoption and application for rectification of
simulated birth record.
Section 8. Required Consent. - After being
properly counseled and informed of the right
to give or withhold approval of the adoption,
the written consent of the following shall be
required:
(a) The adoptee, if ten (10) years of
age or over;
 (b) The legitimate and adopted
daughters and sons, ten (10) years
of age or over, of the adopter and
adoptee, if any;
(c) The illegitimate daughters and
sons, ten (10) years of age or over,
of the adopter if living with said
adopter and the latter’s spouse, if
any; and
(d) The spouse, if any, of the
adoptee.1âwphi1
ARTICLE IV
ADMINISTRATIVE ADOPTION
PROCEDURE
Section 9. Petition. - The petition for
adoption with an application for rectification
of simulated birth record shall be in the form
of an affidavit and shall be subscribed and
sworn to by the petitioner or petitioners
before any person authorized by law to
administer affirmations and oaths. It shall
state the facts necessary to establish the
merits of the petition, and the circumstances
surrounding the simulation of the birth of the
child. The petition shall be supported by the
following:
(a) A copy of simulated birth or
foundling certificate of the child;
(b) Affidavit of admission if the
simulation of birth was done by a
third person;
(c) Certification issued and signed
by the punong barangay attesting
that the petitioner or petitioners is a
resident or are residents of the
barangay, and that the child has
been living with the petitioner or
petitioners for at least three (3) years
prior to the effectivity of this Act;
(d) Affidavits of at least two (2)
disinterested persons, who reside in
the same barangay where the child
resides, attesting that the child has
been living with the petitioner for at
least three (3) years prior to the
effectivity of this Act;
(e) CDCLAA issued by the DSWD;
and
(f) Photographs of the child and the
petitioner or petitioners taken within
the last three (3) months prior to the
filing of the petition.
A CDCLAA shall no longer be required if the
adoptee is already an adult or a relative of
the adopter within the fourth degree of
consanguinity or affinity.
Section 10. Adoption Process. - The
petition shall be filed with the Office of the
Social Welfare and Development Officer
(SWDO) of the city or municipality where
the child resides. The SWDO shall have
seven (7) days to examine the petition and
its supporting documents and determine
whether the same is sufficient in form and
substance. If the SWDO finds that the
petition is insufficient in form or substance,
the SWDO shall return the same to the
petitioner with a written explanation of its
insufficiency. If the SWDO finds the petition
sufficient in form and substance, the SWDO
shall forward the petition and the supporting
documents within three (3) days to the
Regional Director.
The Regional Director shall review the
petition, establish the identity of the child,
and prepare the recommendation on the
petition not later than thirty (30) days from
receipt thereof. The Regional Director may
require the petitioner to submit additional
information or evidence to support the
petition. The failure of the petitioner to
comply with such request shall not preclude
the Regional Director from acting on the
petition based on the evidence on hand.
The Regional Director shall transmit to the
Secretary the recommendation on the
petition together with a copy of the petition
and supporting documents.
The Secretary shall act and decide on the
petition within thirty (30) days from receipt of
the recommendation of the Regional
Director.
Section 11. Order of Adoption. - If the
Secretary determines that the adoption shall
redound to the best interest of the child, an
order of adoption shall be issued which shall
take effect on the date the petition was filed
with the Office of the SWDO, even if the
petitioner dies before its issuance.
The order of adoption shall state the name
by which the adoptee shall be known and
shall likewise direct the:
(a) Cancellation of the simulated
birth record of the child;
(b) Issuance of the rectified birth
record bearing the names of the
biological parents of the child or the
issuance of a foundling certificate;
and
(c) Issuance of a new birth
certificate.
An administrative adoption order obtained
under this Act shall have the same effect as
a decree of adoption issued pursuant to
Republic Act No. 8552, otherwise known as
the "Domestic Adoption Act of 1998".
Section 12. Civil Registry Record. - The
Secretary shall immediately transmit the
order of adoption to the concerned DSWD
Regional Office, which shall in turn provide
copies to the petitioners, the concerned
agencies and the appropriate local civil
registrar.
The Local Civil Registrar shall stamp the
simulated birth record "cancelled" with an
annotation of the issuance of a new rectified
certificate of birth in its place. The rectified
birth certificate bearing the names of the
biological parents of the child or the
foundling certificate shall then likewise be
stamped "cancelled" with the annotation of
the issuance of a new birth record in its
place, and shall be sealed in the civil
registry records. Thereafter, the Local Civil
Registrar shall record, register, and issue a
new certificate of birth which shall not bear
any notation that it is a new or amended
issue.
Section 13. Socialized Fees. - The city or
municipal SWDO, the Regional Director,
and the Office of the Local Civil Registrar
may charge socialized fees to those who
avail of the administrative adoption
proceedings under this Act. Fees shall be
waived if the petitioner is indigent.
Section 14. Confidentiality. - All petitions,
documents, records, and papers relating to
administrative adoption proceedings in the
files of the city or municipal SWDOs, the
DSWD central and field offices, or any other
agency or institution participating in such
proceedings shall be strictly confidential.
The disclosure of any information shall be
allowed only upon the written request of the
adoptee or in the case of a minor adoptee,
her or his guardian.1âwphi1
ARTICLE V
EFFECTS OF ADMINISTRATIVE
ADOPTION
Section 15. Legitimacy. - The adoptee shall
be considered the legitimate daughter or
son of the adopter for all intents and
purposes and as such is entitled to all the
rights and obligations provided by law to
legitimate daughters or sons born to them
without discrimination of any kind. To this
end, the adoptee is entitled to love,
guidance, and support in keeping with the
means of the family.
Section 16. Parental Authority. - Except
where a biological parent is the spouse of
the adopter, all legal ties between the
biological parents and the adoptee shall be
severed and the same shall then be vested
in the adopter.
Section 17. Succession. - In legal and
intestate succession, the adopter and the
adoptee shall have reciprocal rights of
succession without distinction from
legitimate filiation. However, if the adoptee
and her or his biological parents left a will,
the law on testamentary succession shall
govern.
ARTICLE VI
RESCISSION OF ADMINISTRATIVE
ADOPTION
Section 18. Grounds for Rescission. - Upon
petition of the adoptee, with the assistance
of the city or municipal SWDO or the DSWD
if a minor or if over eighteen (18) years of
age but is incapacitated, the adoption may
be rescinded on any of the following
grounds committed by the adopter:
(a) Repeated physical or verbal
maltreatment by the adopter;
(b) Attempt on the life of the
adoptee;
(c) Sexual assault or violence;
(d) Abandonment and failure to
comply with parental obligations; or
(e) Other acts that are detrimental to
the psychological and emotional
development of the adoptee.
Adoption, being in the best interest of the
child, shall not be subject to rescission by
the adopter. However, the adopter may
disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 19. Rescission of Administrative
Adoption. - The process for administrative
adoption as provided under Section 10 of
this Act shall apply to the rescission of
administrative adoption: Provided, That the
concerned SWDO, Regional Director, and
the Secretary shall act immediately on the
petition for rescission bearing in mind the
best interest of the child.
The Secretary shall furnish a copy of the
order of rescission to the concerned DSWD
Regional Office, which shall in turn provide
copies to the petitioner, the concerned
agencies and the concerned local civil
registrar. Thereafter, the concerned local
civil registrar shall cancel the new certificate
of birth of the adoptee, and restore the
adoptee’s rectified birth certificate bearing
the name/s of the biological parents, or the
foundling certificate, as the case may be.
Section 20. Effects of Rescission. - If the
petition for rescission of administrative
adoption is granted by the Secretary, the
parental authority of the adoptee’s biological
parents, if known, shall be restored if the
adoptee is still a minor or incapacitated. The
reciprocal rights and obligations of the
adopter and the adoptee to each other shall
be extinguished.
Successional rights shall revert to its status
prior to adoption, but only as of the date of
judgment of administrative rescission.
Vested rights acquired prior to
administrative rescission shall be respected.
All the foregoing effects of rescission of
adoption shall be without prejudice to the
penalties imposable under the Revised
Penal Code if the criminal acts are proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. - The
penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years
and/or a fine not less than Two hundred
thousand pesos (₱200,000.00) at the
discretion of the court shall be imposed on
any person who shall commit any of the
following acts:
(a) Obtaining consent for an
adoption through coercion, undue
influence, fraud, improper material
inducement, or other similar acts;
(b) Noncompliance with the
procedures and safeguards provided
by law for the adoption; or
(c) Subjecting or exposing the child
to be adopted to danger, abuse, or
exploitation.
ARTICLE VIII
FINAL PROVISIONS
Section 22. Information Dissemination. -
The DSWD, in coordination with the
Department of the Interior and Local
Government (DILG), the Department of
Education (DepEd), the Department of
Health (DOH), various national leagues of
local government units, the Council for the
Welfare of Children (CWC), and the
Philippine Statistics Authority (PSA), shall
disseminate to the public information
regarding this Act and its implementation.
Section 23. Implementing Rules and
Regulations. - The Secretary, after due
consultation with the PSA, the DILG, the
Department of Justice (DOJ), and the CWC,
together with representatives from the
Association of Local Civil Registrars, child-
caring and child-placing agencies, and
child’s rights civil society organizations,
shall issue rules and regulations for the
effective implementation of this Act within
sixty (60) days from its effectivity.
Section 24. Repealing Clause. - Section 22
of Republic Act No. 8552 is hereby
repealed. All other laws, decrees, letters of
instruction, executive issuances,
resolutions, orders or parts thereof which
are inconsistent with the provisions of this
Act are hereby repealed, modified, or
amended accordingly.
Section 25. Separability Clause. - If any
provision or part of this Act is declared
unconstitutional or invalid, the remaining
parts or provisions not affected shall remain
in full force and effect.
Section 26. Effectivity. - This Act shall take
effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of
general circulation.
RULE 103
Change of Name
Section 1. Venue. — A person desiring to
change his name shall present the petition to
the Court of First Instance of the province in
which he resides, or, in the City of Manila, to
the Juvenile and Domestic Relations Court.
Section 2. Contents of petition. — A petition
for change of name shall be signed and
verified by the person desiring his name
changed, or some other person on his behalf,
and shall set forth:
(a) That the petitioner has been
a bona fide resident of the province
where the petition is filed for at least
three (3) years prior to the date of
such filing;
(b) The cause for which the change of
the petitioner's name is sought;
(c) The name asked for.
Section 3. Order for hearing. — If the petition
filed is sufficient in form and substance, the
court, by an order reciting the purpose of the
petition, shall fix a date and place for the
hearing thereof, and shall direct that a copy of
the order be published before the hearing at
least once a week for three (3) successive
weeks in some newspaper of general
circulation published in the province, as the
court shall deem best. The date set for the
hearing shall not be within thirty (30) days
prior to an election nor within four (4) month
after the last publication of the notice.

Section 4. Hearing. — Any interested person

may appear at the hearing and oppose the
petition. The Solicitor General or the proper
provincial or city fiscal shall appear on behalf
of the Government of the Republic.

Section 5. Judgment. — Upon satisfactory

proof in open court on the date fixed in the
order that such order has been published as
directed and that the allegations of the petition
are true, the court shall, if proper and
reasonable cause appears for changing the
name of the petitioner, adjudge that such
name be changed in accordance with the
prayer of the petition.

Section 6. Service of judgment. — Judgments

or orders rendered in connection with this rule
shall be furnished the civil registrar of the
municipality or city where the court issuing the
same is situated, who shall forthwith enter the
same in the civil register.