Republic of the Philippines

PHILIPPINE STATISTICS AUTHORITY

Laws Related to
Civil Registration
GOAL
 To present the laws related to civil registration, its
processes and procedures

LEARNING OBJECTIVE
 The participant will gain knowledge on the laws
related to civil registration and its processes and
procedures
Act No.3753
An Act to
Establish a
Civil
Register

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Act No. 3753
History and Legal Frame
 November 26, 1930, Act No. 3753 – the Civil Registry Law of
the Philippines took effect on February 27, 1931. Significant
reforms:
• Enumeration of acts and events concerning civil status of
person which shall be recorded in the civil register
• The director of National Library was designated as the ex-
officio Civil Registrar General
• Except in the City of Manila where civil registration
function was continued to be performed by the City
Health Officer, the civil registration function in other cities
and all municipalities was performed by city/municipal
treasurers.

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Act No. 3753
History and Legal Frame
 The Bureau of Census and Statistics was created
by Commonwealth Act No. 591 in 1940.
• The newly created Bureau was given the
function “to carry out and administer the
provisions of Act No. 3753”. Thus, the functions
of the Division of Archives of the National
Library as well as those of the vital statistics of
the Bureau of Health were transferred .

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Act No. 3753
History and Legal Frame
 Presidential Decree No. 418 was issued
reconstituting the Bureau of Census and Statistics
under the Department of Trade as a new agency
to be known as National Census and Statistics
Office (NCSO) under National Economic and
Development Authority
• The NCSO basically maintains the same
functions including those on civil registration

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Act No. 3753
History and Legal Frame
• Executive Order No. 121 (January 30, 1987)
renamed the NCSO to National Statistics Office
(NSO) and placed it under the administrative
supervision of the Office of the President.
• Executive Order No. 149 (December 28, 1993)
transferred back the NSO to the National
Economic and Development Authority (NEDA’s)
supervision for effective policy and program
coordination and integration.

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Act No. 3753
History and Legal Frame
• Executive Order No. 5 (October 23, 1999)
mandated the “Strengthening of the National
Statistics Office” through decentralization of
statistics generation activities, transformation of
Central Office units into more developmental
planning and evaluation units, and increased
application of information technology in its
operations.

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 Act No. 3753
History and Legal Frame
• On September 12, 2013, the Republic Act No. 10625 or the
Philippine Statistical Act of 2013 was enacted. Under RA 10625,
the PSA was created which merged the four (4) statistical
agencies of the government, namely the National Statistics
Office (NSO), National Statistical Coordination Board (NSCB),
Bureau of Agriculture Statistics (BAS), and Bureau of Labor and
Employment Statistics (BLES). The PSA is now the agency that is
mandated to carry out the provisions of Act No. 3753.

• The head of the PSA is the National Statistician (NS) who is also
the Civil Registrar General (CRG) of the Philippines.

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Act No. 3753
The Civil Registrar General
 Enforce the provisions of Act No. 3753
 Prepare and issue regulations for carrying out the
purposes of Act No. 3753
 Give orders and instructions to the civil registrars
with reference to the performance of their duties
 Report any violation of the provision of Act No.
3753 committed by the city/municipal civil
registrar to the concerned mayor for disciplinary
action

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RA 10625

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RA 10625
 Republic Act No. 10625 or the Philippine
Statistical Act of 2013 enacted on September
12, 2013 created the PSA which merged the
four (4) statistical agencies of the government
• Article 6 (e) of RA 10625 mandates the PSA
to carry out, enforce and administer civil
registration functions in the country as
provided for in Act No. 3753, the Law on
Registry of Civil Status.

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PD No. 603

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PD No. 603

 Presidential Decree No. 603 (Child and Youth

Welfare Code) took effect on June 10, 1975.

• Under Section 7 of this decree, birth record of a

person are to be kept strictly confidential.

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RA 9048
Clerical
Error law

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RA9048
 An act authorizing city or municipal civil registrar or
the consul general to correct clerical or
typographical error in an entry and/or change of first
name or nickname in the civil register without need
of judicial order
 Amends Articles 376 and 412 of the Civil Code of the
Philippines
E XC E P T I O N S :
 Nationality
 Age
 Status
 Sex

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RA9048

Change of First Name (CFN)

Grounds
 First name is ridiculous, tainted with dishonor,
or difficult to pronounce

 New first name has been habitually used and

publicly known by that name

 Change on first name will avoid confusion

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RA 10172

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RA10172

RA 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
Republic Act Numbered Ninety Forty Eight (9048)”

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RA10172
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, 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 or consul general
in accordance with the provisions of this act and its
implementing rules and regulations.

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RA10172
Section 3
Section 5 of the Act is amended to read as follows:
The petition for correction of a clerical or typographical error, or
for change of first name or nickname, as the case may be shall
be in the form of an affidavit, subscribed and sworn to before
any person authorized by 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

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RA 9255

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 RA9255
RA 9255
An Act Allowing Illegitimate Children to Use the Surname of their Father
 That the child shall be under the parental authority of the
mother
 The illegitimate child shall use the surname of the father if the
father acknowledges the child in the civil register and in a private
handwritten instrument
 Allowed the child to use father’s surname, however, this does not
change the status of the child or did not in anyway provided the
illegitimate child a better right against the legitimate child
 Shall be applied even if the parents can marry each other but
somehow would like to use the surname of the father before
they can formally marry

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RA9255

Coverage
Republic Act No. 9255 shall apply to all
illegitimate children born on or after 03 August 1988
whether registered or unregistered

However, the Revised Implementing Rules and

Regulations of RA 9255 shall apply to all illegitimate
children born during the effectivity of RA 9255 on
19 March 2004.

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RA 9523

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RA9523
RA 9523
“An Act Requiring the Certification of the
Department of Social Welfare and Development (DSWD)
to Declare a ‘Child Legally Available for Adoption’ as a
Requisite for Adoption Proceeding, 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, Presidential Decree No.
603, Otherwise known as the Child and Youth Welfare
Code, and for other purposes.”

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 RA9523
Section 5
Declaration for Availability for Adoption
 Upon finding merit in the petition, the Secretary shall
issue a certification declaring the child legally available for
adoption within seven (7) working days from receipt of the
recommendation.

 Said certification, by itself, shall be the sole basis for the

immediate issuance by the local civil registrar of a
foundling certificate. Within seven (7) working days, the
local civil registrar shall transmit the foundling certificate
to the National Statistics Office (NSO).

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RA9523
RA 9523
The Certification that the child is legally
available for adoption issued by the DSWD shall
be one of the requirements for the registration of
the child as foundling.

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RA9523
Section 8
Certification
 The certification that a child is legally available
for adoption shall be issued by the DSWD in lieu
of a judicial order, thus making the entire
process administrative in nature.

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RA9523
RA 9523
The certification, shall be, for all intents and
purposes, the primary evidence that the child is
legally available in a domestic adoption
proceeding, as provided in Republic Act No. 8552,
and in an inter-country adoption proceeding, as
provided in Republic Act No. 8043.

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RA 9858

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RA9858

RA 9858

An Act Providing for Legitimation of

Children Born to Parents Below Marrying Age,
Amending for the purpose the Family Code of
the Philippines

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RA9858

Article 177 of the Family Code

“Children conceived and born outside of

wedlock of parents who, at the time of the
conception of the former, were not disqualified by
any impediment to marry each other, or so
disqualified only because either or both of them
were below eighteen (18) years of age, may be
legitimated.”

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RA9858

Coverage

 children conceived and born outside marriage of

parents;
 at time of conception, parents are not
disqualified by any impediment to marry each
other;
 or were so disqualified only because either or
both of them were below eighteen (18) years of
age.

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Presidential
Decree 1083
Code of Muslim
Personal Laws

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PD1083
Article 13
Application (PD 1083)
 The provisions of this Title shall apply to marriage and
divorce wherein both parties are Muslims, or wherein
only the male party is a Muslim and the marriage is
solemnized in accordance with Muslim law or this Code
in any part of the Philippines.
 In case of marriage between a Muslim and a non-
Muslim, solemnized not in accordance with Muslim law
or this Code, the Civil Code of the Philippines shall
apply.

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PD1083
Article 13
Application (PD 1083)
Concern No 1: There are instances that the Shari’a
Courts acquire jurisdiction on Civil Marriages on
matters of Divorce, where in law and in fact, they
cannot take cognizance thereto.

Concern No 2. Muslims married under the law of general

application cannot avail on the provisions of PD
1083.

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 PD1083
Rule 9
Registration of Marriages (Administrative Order No. 1, S. of 2005)
Concern No 3. Majority of Civil Registry Offices in the Philippines
“where there is no Shari’a Court” refused to register
marriages solemnized under PD 1083. If registered, no
attachment form was attached
Concern No 4. Some Shari’a Courts questioned the validity of
Muslim marriages if registered at the LCRO “where there is
no Shari’a Court”. They presume the marriage to be a Civil
Marriage because it was registered before the office of the
Local Civil Registrar. Some would require a new delayed
registration of Marriage to validate such marriage.

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PD1083
Article 18
Authority to solemnize marriage. (PD 1083)
Concern No 5. Some LCRO forgot to require the authority
of the Proper Wali to be included or
indicated/attached in the Certificate of Marriage,
forming an integral part thereof, this authority
requirement being mandatory to the validity of the
Muslim Marriage.

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PD1083
Article 18
Authority to solemnize marriage. (PD 1083)
Concern No 6. Some LCRO and some Shari’a courts require
CRASM pursuant to the provisions of the Law of
General Application – the Civil Law – from Muslim
Solemnizing Officers. Under the Special Law, PD 1083,
all Wali are authorized by PD 1083 to solemnize
Muslim marriage. CRASM is out of the question in
Muslim Marriage, this being a requirement only to a
Civil Marriage.

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RA 8371
IPRA Law

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RA 8371
RA 8371
Application (PD 1083)
 Republic Act 8371 (Indigenous Peoples’
Rights Act ) – An Act to Recognize, Protect
and Promote the Rights of Indigenous Cultural
Communities/Indigenous Peoples, Creating a
NCIP, Establishing Mechanisms, Appropriating
Funds Thereof and for Other Purposes (1997)

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RA 8371
RA 8371
Administrative Order No. 3 Series of 2004
 (Rules and Regulations Governing
Registration of Acts and Events Concerning
Civil Status of the Indigenous Peoples) --
created primarily for the effective
implementation of RA 8371 (Indigenous
Peoples’ Rights Act)

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CRG
Issuances

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CRG Issuances
CRG Administrative Order
Administrative Order No. 1, Series of 2012
 Rules and Regulations Governing the Implementation
of RA 10172 (Correction in the Entry in the Day
and/or Month in the Date of Birth and Sex)

Administrative Order No. 1, Series of 2001

 Rules and Regulations Governing the Implementation
of RA 9048 (The Clerical Error Law)

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CRG Issuances
CRG Administrative Order
Administrative Order No. 1, Series of 2004
 Rules and Regulations Governing the Implementation
of RA 9255 (An Act Allowing Illegitimate Children to
Use the Surname of their Father)
Administrative Order No. 1, Series of 2010
 Rules and Regulations Governing the Implementation
of RA 9858 An Act Providing for Legitimation of
Children Born to Parents Below Marrying Age,
Amending for the purpose the Family Code of the
Philippines

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CRG Issuances
CRG Administrative Order
Administrative Order No. 3, Series of 2004
 (Rules and Regulations Governing Registration of Acts
and Events Concerning Civil Status of Indigenous
Peoples)
Administrative Order No. 1, Series of 2005
 Rules and Regulations Governing the Registration of
Acts and Events Concerning Civil Status of Muslim
Filipinos

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CRG Issuances
CRG Administrative Order
Administrative Order No. 1, Series of 2007
 (Rules and Regulations Governing Registration of
Authority to Solemnize Marriage with the Civil
Registrar General )

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CRG Issuances
CRG Administrative Order
Administrative Order No. 1, Series of 2016
 Revised Implementing Rules and Regulations of
RA 9255 (An Act Allowing Illegitimate Children to
Use the Surname of the Father)

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 CRS

www.psa.gov.ph