Tag Archives: NSO birth certificate

#MiddleNameProblems

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A screenshot of a photo lifted from https://www.flickr.com/photos/rocketjim54/2346073312/

      A Filipino name is usually composed of a first name, middle name and surname. While in some western countries the parents decide on a child’s middle name, here in the Philippines, our middle names are our mother’s maiden surname. This leaves many people wondering, what is the importance of the middle name in the Philippines?

        First, the middle name identifies the lineage of the mother. Due to our close family ties, this is as important as the lineage of the father.

        Secondly, with the growing population in the country, there may be persons who share the same first name and surname. The middle name helps us distinguish persons with the same first names and surnames. This is significant in securing an NBI clearance, which is a requirement for job, passport or visa application. It can happen that the applicant may have a “hit”. A “hit” means that another person shares the same given name and surname, and the namesake has a pending case in court. In order for the NBI officer to determine whether they are different persons, the NBI officer may look at the middle name because most likely the two persons will have different middle names.

        The Supreme Court explained the importance of the middle name in the case of Julian Lin Carulasan Wang, a legitimated child. When the family migrated to Singapore, the parents asked the court to drop Julian’s middle name. In Singapore, the mother’s maiden name is not carried as the person’s middle name. The parents were concerned that their son will be discriminated and ridiculed in school because of his middle name.

        The Court denied their request. The Court said that the change of name can be allowed only for ‘proper and reasonable cause’. Mere inconvenience in the use of one’s middle name, is not considered a valid reason. A legitimate child like Julian, the Court said, has the right to use the names of his mother or father. And this right cannot be taken away from Julian. (In Re: Petition for Change of Name and/or Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang v. Cebu City Civil Registrar, G.R. No. 159966. March 30, 2005)

       For other questions, please call us at +6327051265 or +6327051277. 

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Baby Boy, Baby Girl

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Tamang tama at Valentines’ Day, madalas gamitin na term of endearment ang “Baby” ng mga magkasintahan. Pero marami rin sa atin na walang kamalay-malay na ang pangalan pala nila sa birth certificate nila ay “Baby Boy” o “Baby Girl”. Mayroon sigurong nainspire na mga magulang sa kanta ni Beyonce na sinadya ito. Pero karamihan sa kanila, iba naman ang ginagamit na pangalan sa kanilang mga importanteng dokumento. 

Madalas nangyayari ito kapag ipinanganak ang bata na hindi pa nakakapagdesisyon ang mga magulang sa ipapangalan sa kanya. Ginagawa nalang ng nagpaanak ay nilalagay ang “Baby Boy” o “Baby Girl” bilang First Name. Tapos kapag nakapagdesisyon na sa pangalan, hindi naman naisunod ang pangalang ito sa kanyang birth certificate.

Kapag ganito ang problema ninyo, ano ba ang dapat gawin?

Kung kayo ay pinanganak before 1993, mag-file kayo ng supplemental report sa civil registrar sa lugar kung saan kayo pinanganak. Pero kung ang year of birth ay after 1993, ang kailangan i-file ay Petition for Change of First Name. Ito ay ayon sa direktiba ng NSO:

http://www.census.gov.ph/civilregistration/problems-and-solutions/first-name-“baby-boy”-“baby-girl”-“boy”-“girl”-“baby”

Kailangan nyo rin pong magpakita ng mga supporting documents na nagpapatunay ng tamang first name na ginagamit ninyo tulad ng mga IDs, school records, SSS/GSIS, NBI/Police Clearance, etc.

Para po sa karagdagang kaalaman sa ganitong problema at kung paano ito maiaayos, tawag lang po kayo sa aming opisina para makapagkonsulta sa aming mga birth certificate specialists, 7051265/7051277.

Happy Hearts’ Day sa lahat ng mga baby boy at baby girl! 

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WRONG SPELLING. WRONG.

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You joined a company raffle during your Christmas party. And by some stroke of luck, you win first prize– an all expense paid trip for two to Hongkong!! You call your best friend immediately and tell her the good news. That you chose her as your travelling buddy on your first trip out of the country. Now all you need is a passport… And a birth certificate…

So you call the NSO helpline to have a copy delivered right at your doorstep. You get your copy two days after. You open the envelope to take a look at the document. And then you see it…

First name: S-T-E-P-A-N-I….

Ohhh noooooooo!!!!!

How do you show up at the DFA, with your first name misspelled??

MIDDLE NAME: D-E-L-A-C-R-U-S

And your middle name????

LAST NAME: Z-A-N-T-O-Z

Last name too???

Your Iphone has it, don’t they have freakin’ SPELLING CHECK???

What will you do?

Republic Act No. 9048 also includes the correction of clerical errors in birth, marriage and death certificates. Clerical or typographical errors are the most common problems in our documents. Back in the day when these documents were not as important as they are now, we did not care much if the details on our NSO documents were correct. We used to get away with them, just by presenting affidavits of discrepancy, one and the same person, etc., etc., etc.

But now, the DFA, SSS, GSIS, Philhealth, schools and embassies are super strict. The only document they believe in is an NSO stamped document. Those affidavits won’t do anymore. 

To correct these errors, you have to file them, either in the civil registrar of the place where you live, or in the place where you were born. The petition should be supported with several requirements that prove the correct spelling of your first name, middle name or last name. Among them are your parents’, siblings’ or children’s birth certificates, school records, baptismal or other religious records, SSS/GSIS records, government clearances, to name a few. This seems like a really long list. But before the RA9048 law was passed, all errors in your NSO documents can only be corrected in court. Concerns such as hiring a lawyer, spending a big amount of money, and waiting months, even years before the final decision is out need to be addressed. Have to say it, but it’s true, RA 9048 is already quite a compromise.

It may be a typo, one letter, two or three, but a birth certificate with an error is almost like no birth certificate at all. So, the sooner it’s corrected, the better.

Because in NSO certificates, the rule is the same. Wrong spelling, wrong.

 

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The Late Registration Trap

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(Photo courtesy of http://coloring.thecolor.com/color/images/The-Lock-And-Key.gif)

One of the worst nightmares I had as a birth certificate specialist was when I dreamt and found out that I had three birth certificates! Each one bore a different name, different sets of parents, places of birth, etc. Worst of all, I could not access the one that I’ve been using since I entered school.

I woke up and was so thankful it was just a dream. But this nightmare is a reality for many others.

For some, they go through late registration, under the assumption that they do not have a birth record. But they find out later that they do.

But for most, they find out that there are errors in their first birth certificate. Due to lack of awareness of civil registration procedures, they undergo late registration to correct these errors.

In our experience as birth certificate specialists, we find out that there is a big misinformation about the process of late registration. This procedure should be resorted to, only when it is certain that you do not have a birth record, both with the civil registrar where you were born AND with the NSO. When your birth record is not found in the NSO database, you will receive a Negative Certification of Birth, much like the one you see below

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(Photo courtesy of http://3.bp.blogspot.com/-TQLP03xL2N4/UTW18d8Yu0I/AAAAAAAAEgY/WtlevBne1v8/s1600/IMG_0001.jpg)

 

But what if, you do have a birth record, only that you find some errors in it? And the advice that you got from your research is to undergo late registration to get an error free birth certificate?

This will actually create more problems for you. Because the NSO database will only issue the birth certificate that was registered earlier. The second birth certificate will be “locked”. The only way to “unlock” it is through a court order, cancelling the first birth certificate. And as many of us know, a court order will entail lawyers’ fees, court expenses, and months, or even years of waiting.

Knowing is really half the battle. And when seeking advice regarding birth certificate concerns, make sure you get the correct one. Because if something goes wrong, undoing that mistake is a bigger headache than making it.

A friendly reminder from your birth certificate specialists from VERified :)

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Filed under RA 9048

What’s in a Middle Name?

One of the most popular questions we receive on our Facebook page is this:

“Problema po ng birth certificate ko, wala po akong middle name. Unknown po ang nakalagay sa blank ng “father’s name”. At dahil daw po illegitimate ako, wala daw po talaga akong middle name. Tama po ba yun?”

 

Yes that is correct. Our laws say that children whose parents are married, or recognized by their fathers have the right to bear a middle name. Applying those laws also tell us that illegitimate children who are not acknowledged by their father bear only a given name and their mother’s surname, and without a middle name.

For example, Maria gives birth to a girl Jennifer. The father did not acknowledge Jennifer as his daughter. If Jennifer uses a middle name..

Mother’s Name: Maria Dela Cruz Reyes

Child’s Name:    Jennifer Dela Cruz Reyes

This will make it appear that they are sisters, instead of mother and daughter. Our Supreme Court wanted to avoid this confusion. Therefore, this rule arose.

Right now, the only way to solve this problem is to file a case in court. Unless this bill becomes a law…

http://agham.org.ph/house-bill-4649-middle-name-illegitimate-children-act-2011/

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 4649


Introduced by Hon. ANGELO B. PALMONES


AN ACT AMENDING TITLE XIII, ARTICLE 368 OF THE CIVIL CODE OF THE PHILIPPINES AND CHAPTER 3, ARTICLE 176 OF THE FAMILY CODE (EO No. 209) AUTHORIZING THE USE OF THE MIDDLE NAME OF THE MOTHER BY AN ILLEGITIMATE CHILD, AND

FOR OTHER PURPOSES

Be enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:

SECTION 1. Title – The act shall be known as the Middle Name of Illegitimate Children Act of 2011.

SECTION 2. Use of the middle name of the mother of illegitimate child - The first sentence of Chapter 3, Article 175 of the Family Code (EO No. 209) is amended to read as follows: Illegitimate children shall use the surname and middle name of their mother, and shall be entitled to support in conformity with this code.

Likewise, Title XIII, Article 368 of the Civil Code of the Philippines shall be amended to read as follows: Illegitimate children referred to in Article 287 shall bear the surname and middle name of the mother.

SECTION 3. Addition of the middle name of illegitimate children - Mothers or guardians of illegitimate children below 18 years old who wish to add the middle name of the mothers of their wards shall merely inform the local Civil Registrar in writing. The Civil Registrar will record the change in their books and in turn inform the National Statistics Office (NSO) of the change. The NSO shall issue a certification of the change in the name of the illegitimate child. Such change shall be entered into the books/records of the NSO. The services of the Civil Registrar and the NSO shall be for free.

Similarly, illegitimate children 18 years and older may on their own request the Civil Registrar, in writing of the addition of the middle name using the middle name of the mother. The same procedure shall be followed by the Civil Registrar and the NSO and their services shall be for free.

SECTION 4. Effectivity - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,
ANGELO B. PALMONES

Representative, AGHAM Party List

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From Male to Female, Female to Male

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(Picture, thanks to Mastercitizen blog)

Did you check your birth certificate recently and found out that it is marked female, but you are male? 

If this is your problem, this kind of correction used to require a court proceeding in the presence of a judge and needed the services of a lawyer.

Not anymore…

Thanks to Republic Act No. 10172, a correction of the entry on sex/gender can be filed in the local civil registrar where you were born.

As part of the requirements, you need to present a medical certificate from a government doctor that states you did not undergo any sex change or transplant. 

The petition needs to be published in a newspaper of general circulation. According to the IRR, the owner of the document shall personally file the petition before the local civil registrar. The filing fee for this petition is P3000. 

For more details on this procedure, you may call our office to set an appointment with one of our birth certificate specialists at 7051265 and 7051277. 

 

 

 

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The Case of the Legitimated Child

 

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A legitimated child is a child 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.

A usual problem that a legitimated child has is that he/ she still carries the name of the mother, notwithstanding the marriage of the parents. In case you or someone you know is a legitimated child, the proper solution to this problem is to file an application for legitimation.

The basic requirements for this procedure are:

1. The marriage certificate of your parents;

2. The CENOMAR of both your parents;

3. A Joint Affidavit for Legitimation executed by both of your parents.

Please remember that the civil registrar may require other documents from you to support your application.

After the registration of the affidavit of legitimation, this annotation will appear on your birth certificate:

“Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)” 

The name as it originally appears on your birth certificate will be not changed, altered or deleted.

For other questions on legitimation, you may call our office to set an appointment with one of our birth certificate specialists. Our office numbers are 7051265 and 7051277.
Best regards,
The Verifiers
Your Birth Certificate Specialists

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MOVING UP! FEATURES THE VERIFIER!

Please read this blog post on Moving Up about VERified, Inc.

http://michecesa.wordpress.com/2011/05/25/nso-birth-certificate-correction/

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Filed under Court Petition for Correction of Entry, RA 9048, Republic Act No. 9048

PETITION FOR CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY

Generally, correction of clerical errors in NSO birth certificates and other relevant records can be done only by filing a petition in court. The NSO gives us guidelines on how to go about it. You can read through these steps:

Source: http://www.census.gov.ph/data/civilreg/ten_steps.html


TEN steps to be undertaken in the correction of an entry in a civil registry document

  1. Contact a lawyer who will prepare the Petition for Correction of Entry.
  2. Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the Petition in the Regional Trial Court is Php 160.00.
  3. The Petition will be raffled and assigned to a branch of the Regional Trial Court.
  4. The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general cirsulation for three consecutive weeks. Fee for publication varies.
  5. The Order contains the date of the first hearing.
  6. During the first hearing, the lawyer will present compliance of the jurisdictional requirements like publication of the Order in a newspaper of general circulation.
  7. After establishing compliance with jurisdictional requirements, the petitioner will be presented in Court to testify. The Court may assign the Clerk of Court to receive evidence.
  8. During the hearing, it is possible that an oppositor may appear contesting the Petition. If an oppositor appears, the Clerk of Court will receive the petitioner’s evidence.
  9. After presentation of evidence, the Court will rule on the Petition.
  10. If the decision is favorable, the Court will order the Office of Civil Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner).
Best regards,

The Verifiers

Your Birth Certificate Specialists

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Filed under Court Petition for Correction of Entry

RA 9048, The Clerical Error Law

With the enactment of RA 9048 in 2001, those who have problems in their NSO records are now given a shorter, faster and somewhat more economical way to correct these errors. However it has a limited scope. It only applies to clerical errors and changes in first name. In RA 9048, you can file the verified petition in the local civil registrar’s office where your birth or other NSO record is kept. You can read the steps here: 

Source: http://www.census.gov.ph/data/civilreg/primerra9048.html

Republic Act 9048

An Act Authorizing C/MCR or 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.

What is Republic Act 9048?

Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register withour the need of a judicial order.

Ra 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a erson, or any correction or change of entry in a civil register without judicial order.

President Gloria Macapagal-Arroyo approved the act on the 22nd of March 2001. With the law taking effect on the 22nd of April 2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in the newspapers in August that year.

What corrections can be made by RA 9048?

RA 9048 allows these corrections:

    • Correction of clerical or typographical errors in an entry in civil registry documents, except corrections invoving the change in sex, age, nationality and status of a person

(A clerical or typographical error refers to an obvious mistake commited in clerical work, either in writing, copying, trancribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records.)

  • Change of a person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process.

What are the conditions under RA 9048 that the petitioner needs to comply with?

  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 first name or nickname in the community; or,
  3. The change will avoid confusion.

Who may file the petition?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himslef file a petition, neither for correction of clerical or typographical error nor for change of his first name.

Only the followng persons are considered to have a direct and personal interest in the correction of clerical error or change of fist name:

  1. Owner of the record that cntains the error to be corrected or first name to be changed.
  2. 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.

What should be the form and content of the petition?

The petition, whether it is for correction of clerical error or for change of first name, should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.

Basically, the petition must contain the following facts or information:

  • Merits of the petition
  • Competency of the petitioner
  • Erroneous entry to be corrected and proposed correction; forst name to be changed and the proposed new first name

What supporting documents are required for correcting a clerical or typographical error in a civil registry document?

The petition shall not be processed unless the petitioner supports it with the required dcuments. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirements:

  1. Certified machine copy of the certificate containing the alleged erroneous entry or entries
  2. Not less than two (2) public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.
  3. Notice and Certificate of Posting
  4. Certified machine copyof teh Official Receipt of the filing fee
  5. Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

What are the supporting papers for change of first name?

As is the case of correction of clerical error, no petition for change of first name shall be accepted unless the petitioner submits the requiredsuppoting papers, as follows:

  1. All the documents required of the petitioner for the correction of clerical error shall also be required of the pettioner for change of first name.
  2. Clearance from authorities such as clearance from employer, if employed; the National Bureau of Investigation; the Philippine National Police; and other clearances as may be required by the concerned C/MCR.
  3. Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings should be attached.

How much is the fee in filing a petition?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filing fees:

  • One thousand pesos (Php 1,000.00) for the correction of clerical error
  • Three thousand pesos (Php 3,000.00) for the change of first name

In case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:

  • Fifty U. S. dollars ($ 50.00) for the correction of clerical or typographical error
  • One hundred fifty U. S. dollars ($ 150.00) for the change of first name

A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR). This service fee shall accrue to the local treasury of the PRCR.

  • Five hundred pesos (Php 500.00) for correction of clerical or typographical error
  • One thousand pesos (Php 1,000.00) for change of first name

Where should the petition be filed?

The general rule is that petition be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari’a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

For your other questions, please leave your comment and your email address below.

Your NSO Birth Certificate Guidance Counsellor,

The VERifier

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Filed under RA 9048, Republic Act No. 9048