Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City
www.dilg.gov.ph

MEMORANDUM CIRCULAR
NO. ____________________

TO : ALL PROVINCIAL GOVERNORS, CITY/MUNICIPAL MAYORS,

PUNONG BARANGAYS, DILG REGIONAL DIRECTORS AND
FIELD OFFICERS, THE BARMM MINISTER OF THE INTERIOR
AND LOCAL GOVERNMENT, AND ALL OTHERS CONCERNED

SUBJECT : GUIDELINES ON THE INSTITUTIONALIZATION OF BIRTH

REGISTRATION AT THE LOCAL LEVEL

DATE :

1.0 Background

1.1 Article 7 of the United Nations Convention on the Rights of the Child states
that the child shall be registered immediately after birth and shall have the
right from birth to a name, the right to acquire a nationality and, as far as
possible, the right to know and be cared for by his or her parents.

1.2 Having an identity is a fundamental human right which allows an individual

to enjoy his or her rights. Identity encompasses the family name, surname,
date of birth, gender and nationality of a person. By recording the birth of
an individual, the State officially recognizes the existence of the child and
formalizes his or her status in the eyes of the law. 1 The birth certificate is a
source of vital information as it provides legal proof of the identity of an
individual.2

1.3 Act No. 3753, otherwise known as the “Civil Registry Law, in relation to
Article 407, Civil Code of the Philippines, establishes the civil register in the
Philippines wherein acts, events, legal instruments and court decrees
concerning the civil status of persons shall be recorded. 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.

1.4 Section 16 of Republic Act (RA) No. 7160, otherwise known as the “Local
Government Code of 1991, mandates every local government units to
exercise the powers expressly granted, those necessarily implied there
from, as well as powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to the promotion
of the general welfare.

1
https://www.humanium.org
2
Philippines Success in Improving Birth Registration, Philippine Statistics Authority, August 2017, p. 12.

“Matino, Mahusay at Maaasahan”

Trunkline No.: 8876-3454
 1.5 Pursuant to Section 479(b) of RA No. 7160 in relation to Section 3 of Act
No. 3753, civil registration is the duty of every local civil registrar of the city
and municipal governments. Civil registration is the continuous, permanent,
compulsory and universal recording of the occurence and characteristics of
vital events pertaining to the population, such as birth, as provided through
decree or regulation in accourdance with the legal requriements of each
country.3

1.6 Proclamation No. 437, Series of 1994 declares the registration of births,
deaths, marriages and foundlings as a national state policy. Further, it
encourages all concerned government agencies including local government
units to advance and promulgate measures for adoption of effective
registration procedures, including the elimination of registration fees, in
accordance with the Civil Registry Law and other existing laws. Relative to
this, the Department of the Interior and Local Government issued
Memorandum Circular No. 94-154 dated September 8, 1994 which enjoins
all mayors to comply with the Presidential directive and cause the
immediate repeal, amendment or modification of their existing ordinances
and resolutions exacting the civil registration fees and charges.

1.7 The birth certificate, as a legal document, is the primary document as

evidence of the citizenship of a person and also a requirement in the
application for a Philippine passport. RA No. 8239, otherwise known as the
“Philippine Passport Act of 1996,” provides that the government has the
duty to issue passport or any travel document to any citizen of the
Philippines or individual who complies with the requirements of this Act, one
of which is the birth certificate duly issued or authenticated by the Office of
the Local Civil Registrar General. However, based on the report during the
Inter-Agency Committee on Passport Irregularities (ICPI) Meeting on
September 26, 2019, the Bureau of Immigration (BI) have confiscated 208
passports in 2017, 128 passports in 2018, and 83 passports in 2019 due to
passport irregularities. Accordingly, the common modus operandi of foreign
nationals is to secure an authentic birth certificate printed in a Philippine
Statistics Authority (PSA) security paper bearing fabricated information.
Despite the implementation of the Philippine Passport Act, reports on the
illegal possession or attempting to secure a Philippine passport by a foreign
national using fraudulently acquired birth certificate are becoming
immigration problem and national security issue.

1.8 The Office of the Local Civil Registry Office is the first line of defense in
ensuring the security, integrity and institutionalization of the civil registration
system at the local level to prevent identity theft of Filipino citizens by
foreigners through fraudulent registration of birth or obtaining birth
certificate for the purpose of acquiring a Filipino citizenship without going
through the legal process and travel documents reserved for Filipinos such
as the Philippine passport. Therefore, it is imperative that the local
government units, especially the city and municipal governments, take strict
control measures to fulfill the right of a child to a name, identity and
nationality and to protect the Filipino citizens from birth certificate frauds.

1.9 This Memorandum Circular aims to provide for the guidelines on the
Institutionalization of birth registration at the local level to ensure that all
information submitted to the Local Civil Registrar Office for birth registration
are genuine and validated, prior to the issuance of birth certificate.

3
Civil Registration and Vital Statistics Handbook for Health Workers, Philippine Statistics Authority, 2016, page 1.

Page 2 of 12
2.0 Scope/Coverage

This Memorandum Circular shall cover all Provincial Governors, City and Municipal
Mayors, Punong Barangays, the BARMM Minister of Local Government, DILG
Regional Directors and Field Officers, and others concerned.

3.0 Definition

3.1. Birth Certificate – a source of vital information and provides legal proof of
the identity of an individual.

3.2. Birth registration – is the permanent and official recording of a child’s

existence.

3.3. Children in Need of Special Protection (CNSP) – refer to all persons

below 18 years of age, or those 18 years old and over but are unable to
take care of themselves because of physical or mental disability or
condition; who are vulnerable to or are victims of abuse, neglect,
exploitation, cruelty, discrimination and violence (armed conflict, domestic
violence) and other analogous conditions prejudicial to their development,
CNSP include but are not limited to:

a. Sexually/physically-abused children
b. Children in commercial sexual exploitation
c. Children in conflict with the law
d. Children involve in armed conflict
e. Working children or victims of child labor
f. Children in various circumstance of disability
g. Displaced children/refugee children
h. Children directly affected by Human Immuno-deficiency Virus
(HIV)/Sexual Transmitted Infections/Diseases (STI/D)
i. Street Children
j. Children in substance-abuse
k. Mentally challenged children
l. Abandoned children/children without primary caregiver

3.4. Civil Registration – a continuous, permanent and compulsory recording of

vital events in the life of an individual as birth, marriage, death, as well as
all decrees, legal instruments and judicial orders affecting his civil status in
appropriate registers as mandated by Act No. 3753 or the Civil Registry
Law.

3.5. Civil Registration System - refers to the entire administration which

includes all institutional, legal, technical settings needed to perform the civil
registration functions in a technical, sound, coordinated and standardized
manner throughout the country, taking into account cultural and social
circumstances particular to the country. The registration functions include:
recording vital events; storing, safe keeping and retrieval of vital records;
protection of confidentiality certificate issuing and other customer services;
recording and reporting information on vital events for statistical purposes;
providing reliable and timely information and data to other government
agencies; population registers; pension fund systems, electoral services;
personal identification services; and research
institutions.

3.6. Delayed Registration – refers to the registration of an event beyond the

reglementary period as prescribed in existing laws, rules and regulations.

Page 3 of 12
 3.7. Indigenous Cultural Communities/Indigenous Peoples – group of
people or homogenous societies identified by self-ascription and ascription
by others who have continuously lived as organized community on
community bounded and defined territory, and under claims of ownership
since time immemorial, occupied, possessed and utilized such territories,
sharing common bonds of language and customs and other distinctive
cultural traits or through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos.

3.8. Local Civil Registrar – is the official in-charge with the duty if implementing
or enforcing the provisions of the Civil Registry Law and its implementing
rules and regulations in the city or municipality.

4.0 Policy Content and Guidelines

To further institutionalize the birth registration at the local level, the following
guidelines are hereby provided:

4.1 Reglementary Period and Place of Registration of Live Birth4

4.1.1 The birth of a child shall be registered within thirty (30) days
from the time of birth in the Office of the Local Civil Registrar of the
city or municipality where the birth occured, except in the following
cases:

4.1.1.1 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;

4.1.1.2 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

4.1.1.3 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.

4
Rule 19, Administrative Order (AO) No. 1, Series of 1993 (Implementing Rules and Regulations of Act No. 3753
and Other Laws on Civil Registration)

Page 4 of 12
4.2 Reglementary Period and Place of Registration of Birth of Children in
Need of Special Protection

4.2.1 The registration of CNSP shall be made in the Local Civil Registry
Office where the child was born, if known. If the place of birth is
unknown, the registration shall be made in the place where the child
was found, or in the residence of the custodian.

4.2.2 The registration shall be made sixty (60) days from the date of the
actual custody of the child, except during armed conflicts,
emergencies, natural calamities and other difficult circumstances, in
which case registration shall be made sixty (60) days after the
cessation thereof. Failure of the custodian to register the child within
the reglementary period shall make him liable under the existing
laws.

4.2.3. The following requirements shall be complied with for the

registration of birth of a CNSP:

4.2.3.1 Certification of no birth record (Negative

Certification) from the Office of the Civil Registry; and

4.2.3.2 Certification from DSWD that the child is a

CNSP indicating the following information:

a. Name of the child;

b. Sex of the child;
c. Date of birth;
d. Place of birth;
e. Name of at least one parent; and
f. Citizenship of parent/s

Note: The approximate data of birth of the child may

be certified by medical/dental practitioners as
proof of age.

No fees and other related charges such as

processing fees and/or penalties shall be imposed
on the registration of births of CNSPs.

4.3. Requirements for the Registration of Birth of Indigenous Cultural

Communities/Indigenous Peoples/Indigenous Peoples (ICCs/IPs)

4.3.1 If the person is below 18 years old

4.3.1.1 Four (4) copies of the Certificate of Live Birth with

Attachment IP Form 1 duly accomplished and signed by
the proper parties. The name of the child may be:

a. One name/indigenous/tribal name

b. First name, middle name and last name not
following filial relationship
c. First name, middle name and last name according
filial relationship
d. Other names

Page 5 of 12
 4.4. Delayed Registration of Birth

4.4.1. Delayed registration5 of birth, like ordinary registration made at the

time of birth, shall be filed in the Office of the Local Civil Registrar of
the place where the birth occured.

4.4.2 In general, the following requirements have to be complied with

pursuant to Section 4.1, Chapter IV of the Civil Registration and Vital
Statistics and Handbook for Health Workers.6

4.4.2.1 Duly accomplished pertinent documents or certificates;

and

4.4.2.2 Affidavit executed by the party stating the facts and

circumstances surrounding the occurence of the event and
the reason or cause of the delay.

4.4.3 Rule 25 of AO No. 1, Series of 1993 provides for the following

requirements for delayed registration of birth:

4.4.3.1 If the person is less than eighteen (18) years old,

the following shall be required:

4.4.3.1.1 Four (4) copies of the Certificate of Live Birth

duly accomplished and signed by the proper
parties.

4.4.3.1.2 Accomplished Affidavit for Delayed Registration

at the back of the Certificate of Live Birth by the
father, mother or guardian, declaring therein,
among other things, the following information:

a. name of child;
b. date and place of birth;
c. name of the father if the child is illegitimate
and has been acknowledged by him;
d. if legitimate, the date and place of marriage
of parents; and
e. reason for not registering the birth within
thirty (30) days after the date of birth.

4.4.3.2 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.

4.4.3.3 Any two (2) 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).

a. baptismal certificate;
b. school records (nursery, kindergarten, or
preparatory);

5
A report of vital event made beyond the reglementary period (Rule 12, AO No. 1, S. 1993)
6
Civil Registration and Vital Statistics Handbook for Health Workers, Philippine Statistics Authority, 2016.

Page 6 of 12
 c. income tax return of parents;
d. insurance policy;
e. medical records; and
f. others, such as punong barangay’s certification

4.4.3.4 Affidavit of two disinterested persons who might have

witnessed or known the birth of the child.

4.4.3.5 If the person is eighteen (18) years old or above, he/she

shall apply for late registration of his/her birth and comply
the following:

a. All the requirements for a child who is less than

eighteen (18) years old; and
b. Certificate of Marriage, if married.

4.4.4 Delayed registration of birth, like ordinary registration made at the

time of birth, shall be filed at the Office of the Local Civil Registrar of
the place where the birth occurred.

4.4.5 Upon receipt of the application for delayed registration of birth, the
local civil registrar shall examine completely and correctly filled-up
and all requirements complied with.

4.4.6 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 above.

4.5. Requirements for the Delayed Registration of Birth of ICCs/IPs

4.5.1 If the person is below eighteen (18) years old:

4.5.1.1. Accomplished affidavit for delayed registration at the back

of the Certificate of Live Birth (COLB) by the father, mother
or guardian;

4.5.1.2. Any two of the following documentary evidences which

may show the name of the child, date and place of birth,
and name of mother (and name of father, if acknowledged)

a. baptismal certificate;
b. school records (nursery, kindergarten, or preparatory);
c. income tax return of parent/s;
d. insurance policy;
e. medical records; and
f. certification from tribal chieftain/leaders for the
existence of the tribe in the area

4.5.1.3. Affidavit of two (2) disinterested persons who might have

witnessed or known the birth of the child.

4.5.2 If the person is 18 years old and above:

4.5.2.1 All requirements for a child who is below 18 years old; and

4.5.2.2 Certification of marriage, if married.

Page 7 of 12
4.6. Duties and Responsibilities of the City and Municipal Government

4.6.1 Section 479 of the Local Government Code of ensure states that the
local civil registrar shall be responsible for the civil registration
program of the city and municipality, pursuant to the Civil Registry
Law, the Civil Code, and other pertinent laws, rules and regulations
issued to implement them;

4.6.2 Further, the local civil registrar shall take charge of the Office of the
Civil Registry and shall develop plans and strategies, upon approval
thereof by the governor or mayor, as the case may be, implement
the same, particularly those which have to do with civil registry
programs and projects which the mayor is empowered to implement
and which the sanggunian is empowered to provide for under the
Local Government Code;

4.6.3 Pursuant to Administrative Order No. 1, Series of 1993

(Implementing Rules and Regulations of Act No. 3753, otherwise
known as the “Civil Registry Law” and Other Laws on Civil
Registration), the local civil registrar shall:

4.6.3.1 Ensure that the birth of all children, within thirty (30) days
from the time of birth are registered in the Local Civil
Registry Office of the city/municipality where the birth
occured;

4.6.3.2 Ensure that all required documents submitted to the Local

Civil Registry Office for birth registration are complied with;

4.6.3.3 In every case of delayed registration, the local civil

registrar shall file a complaint with the city provincial
prosecutor’s office for appropriate action. The action filed
in court by the prosectuor against the party for failure to
register shall not suspend or stop the registration, neither
should it be a ground for a refusal by the local civil registrar
to register the delayed report of birth;

4.6.3.4 Post in the bulletin board for a period of not less than ten
(10) days a notice to the public on the pending application
for delayed registration;

4.6.3.5 In all cases of delayed registration of birth, the local civil

registrar shall conduct investigation when an opposition is
filed against its registration. Further, the local civil registrar
shall forward his findings and recommendations to the
Office of the Local Civil Registrar General for appropriate
action;

4.6.3.6 If after ten (10) days, no one opposes the registration, the
local civil registrar shall examine the documents and
conduct an investigation by taking the testimonies of the
concerned parties and witnesses in the form of question
and answer to determine if the birth has not been
registered yet;

4.6.3.7 If after proper evaluation of all documents presented and

investigation of the allegations contained therein, the local

Page 8 of 12
 civil registrar is convinced that the birth really occured
within the jurisdiction of the civil registry office, and finding
out that said event was not registered, he or she shall
register the delayed report thereof;

4.6.3.8 Maintain, keep and preserve, in a secured place, the

registry book of birth; and

4.6.3.9 Coordinate with the Office of the Local Civil Registrar

General in conducting educational campaigns for vital
registration and assist in the preparation of demographic
and other statistics for the local government unit
concerned.

4.6.4 All mayors are encouraged to advance and promulgate measures for
adoption of effective registration procedures, including the
elimination of registration fees, in accordance with Rule 17 of the
Civil Registry Law and other existing laws 7; and

4.6.5 Enact or update, through the Local Sanggunian, and enforce

rights-based local ordinances for children8 such as birth registration
of all children within the city or municipality in the Local Civil Registry
Office.

4.7 Duties and Responsibilities of the Barangay Government

4.7.1 The Punong Barangay shall:

4.7.1.1 Ensure the provision of assistance to the local local civil

registrar in the registration of births in the barangay;

4.7.1.2 Direct the Barangay Secretary to maintain, update and

keep records of inhabitants in the barangay9; and

4.7.1.3 Ensure the birth registration of all children within thirty (30)
days from the time of birth, especially in hard-to-reach
areas, are registered in the Local Civil Registry Office of
the city/municipality where the birth occurred;

4.7.1.4 Submit every six (6) months, a report to the local local civil
registrar on the actual number and sex-disaggregated
data of barangay residents, and unregistered births in the
barangay, if any, for the preparation of vital statistical
record and registration of births in the city or municipality;
and
4.7.1.5 Enact, through the Sangguniang Barangay, and enforce
rights-based local ordinances for children such as birth
registration of all children within the barangay in the Local
Civil Registry Office.

7
Free-of-Charge Registration of Births, Deaths, Marraiges and Foundlings, Memorandum, Circular No. 94-154,
Septermber 8, 1994, Department of the Interior and Local Government.
8
Role of Barangay officials as Custodian of Children’s Rights, Memorandum Circular No. 2016-115,
September 1, 2016, Department of the Interior and Local Government.
9
Maintenance and Updating of Records of All Inhabitants of the Barangay, Memorandum Circular No. 2005-69,
July 21, 2005, Department of the Interior and Local Government.

Page 9 of 12
 4.7.2 The Barangay Secretary shall:

4.7.2.1 Assist the local civil registrar in the registration of

births occurring in the barangay;

4.7.2.2 Keep an updated record of all inhabitants of the

barangay containing the following items of information:
name, address, place and date of birth, sex, civil status,
citizenship, occupation, and such other items of
information as may be prescribed by pertinent civil
registration laws or ordinances;

4.7.2.3 Prepare and submit a report on the actual number of

barangay residents as often as may be required by the
Sangguniang Barangay;

4.7.2.4 Assist the local civil registrar and the punong barangay
in the conduct of awareness raising on the importance of
birth registration as a child’s right; and

4.7.2.5 Perform such other duties and functions as may be

prescribed by law or ordinance.

4.8 Duties and Responsibilities of DILG Regional Offices

4.8.1 All DILG Regional Directors and the BARMM Minister of the Interior
and Local Government are directed to cause the immediate and
widest dissemination of this Memorandum Circular within their areas
of jurisdiction.

4.9 Penal Provision

4.9.1 Rule 69 of AO No. 1, Series of 1993 (Implementing Rules and

Regulationsof Act No. 3753, otherwise known as the “Civil Registry
Law”) provides that:

4.9.2 Any person who shall knowingly make false statements in the forms
furnished and shall present the same for entry in the civil register,
shall be punished by imprisonment for not less than one month nor
more than six, or by a fine of not less than two hundred pesos nor
more than five hundred, or both, in the discretion of the court. , fine,
or both; and

4.9.3 Any person whose duty is to report any fact concerning the civil
status of persons and who knowingly fails to perform such duty, and
duty, and any person convicted of having violated any of the
provisions of Act 3753, shall be punished by a fine of not less than
ten nor more than two hundred pesos.

4.9.4 Any local civil registrar who fails to perform properly his/her duties in
accordance with the provisions of the Act, shall be punished for the
first offense, by an administrative fine in a sum equal to his salary for
not less than fifteen days nor more than three months, and for a
second or repeated offense, by removal from the service.

Page 10 of 12
 4.9.5 Section 60(c), Chapter 4 of the Local Government Code states that
an elective official may be disciplined, suspended, or removed from
office for gross negligence or dereliction of duty.

5.0 Monitoring and Submission of Report

5.1. All DILG Regional Directors and the BARMM Minister of the Interior and
Local Government shall submit a report six (6) months after the issuance of
this Memorandum Circular, on the compliance of local government units
with Proclamation No. 437, Series of 1994, particularly on the elimination of
registration fees of births, to the Office of the Secretary of the Interior and
Local Government, through the National Barangay Operations Office
(NBOO), 24/F, DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue,
West Triangle, Quezon City, using the email address:
nbooccdd2019@gmail.com.

6.0 References

6.1. Act No. 3753 (Civil Registry Law)

6.2. Administrative Order No. 1, Series of 1993 (Implementing Rules

and Regulations of Act No. 3753 and Other Laws on Civil Registration

6.3. Administrative Order No. 3, Series of 2004 (Rules and Regulations

Governing Registration of Acts and Events Concerning the Status of
Indigenous Peoples)

6.4. DILG Memorandum Circular No. 94-154, September 8, 1994 (Free-Of-

Charge Registration of Births, Death, Marriages and Foundlings)

6.5. DILG Memorandum Circular No. 2005-69, July 21, 2005

(Maintenance and Updating of Records of All Inhabitants of the Barangay)

6.6. Minutes of the Inter-Agency Committee on Passport Irregularities

Meeting held on October 24, 2019

6.7. National Statistics Office Memorandum Circular No. 2004-01 (Rules and
Regulations in the Registration of Births of Children in Need of Special
Protection), January 8, 2004

6.8. Philippine Statistics Authority, Civil Registration and Vital

Statistics Handbook for Health Workers, Second Edition, 2016

6.9. Proclamation No. 437 (Amending Proclamation No. 326 dated 14

February 1994 Declaring as a National State Policy the Registration of
Births, Deaths, Marriages and Foundlings)

6.10. Republic Act No. 8239 (Philippine Passport Act of 1996)

6.11. Republic Act No. 7160 (Local Government Code of 1991)

6.12. Republic Act No. 386 (Civil Code of the Philippines)

7.0 Annexes

7.1. Monitoring Form on the Compliance of LGUs with Proclamation No. 437,
Series of 1994 (To be developed).

Page 11 of 12
8.0 Effectivity

This Memorandum Circular shall take effect immediately.

9.0 Feedback

For related inquiries, please contact NBOO-Community Capacity Development

Division at trunkline no. (02) 8876-3454 local nos. 4403 and 4404 or email at:
nbooccdd2019@gmail.com.

10.0 Approving Authority

EDUARDO M. AÑO
Secretary

OSEC/EMA/NBOO/lla

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