Tag Archives: NSO lawyer

Grave for the Many

 

ImageIt is really an awkward moment when we talk about death. The truth is, no one wants to die early. We want to live our lives to the fullest. But we cannot avoid death. It is bound to happen to everyone. But when it happens during a calamity and causes the death of many people, how is this dealt with?

 

The wrath of Typhoon Yolanda comes to mind. The saddest thought is, to this day, we do not know the exact number of total casualties. One casualty is bad enough. But multiple? That is the worst thought to digest.

 

But do we need to register deaths, even in such a case? Yes, because the State needs to keep track of statistical data on the population. An effective system of recording of all deaths is very important to keep this data accurate. Further, the death certificate is essential in documentation for claiming of benefits for the heirs, insurance proceeds, among others.

 

Many of us may know how to register the death of one person, but how about for multiple persons for a mass grave? What is a mass grave?

 

A mass grave is a grave of unidentified corpses prior to their burial. There, however, is no definite number of corpses for a grave to be considered a mass grave. But the United Nations set the minimum number of corpses in a mass grave to three (3).

 

How then do we register the death of the persons in a mass grave?

 

Any person can register the death of any unidentified body in the mass grave, with the help of the health officer. Two disinterested persons will support the registration with an affidavit, giving information on the sex, distinguishing features and estimated age of the body, date, place and condition of the body when found. The death certificate will indicate, “BODY NOT IDENTIFIED” and submitted to the Local Civil Registrar of the place where the mass death happened.

 

For more details regarding this procedure, please call us at (+632) 7051265 and (+632) 7051277.

 

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In the Name of the Father

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(Photo from http://www.business2community.com/trends-news/happy-father’s-day-top-5-free-father’s-day-ecards-from-jibjab-039688#!E8F13)

Before the Spaniards came to the Philippine Islands, Filipinos did not have last names. The Spaniards required last names and first names for baptism. A list of names was provided for them to choose. Some of the last names are the Spanish translation of its English equivalents. These names were given to Filipinos in order to be identical. In our present time, last names can be used for various purposes.

One use is to allow the transfer of properties of the father to the child. It also signifies the passing on of the family’s honor to his child, for him to continue the will of his ancestors. A last name that is the same as the father’s, shows that the child belongs to the bloodline of the father. This tells us that that the father accepts and recognizes the child to be his own.

Interestingly in Queensland, Australia, the procedure of registering the birth of a child of unmarried parents is as follows: 1) the parents of the child should register the birth together. In such a case, the birth certificate will show both the mother’s and father’s details. 2) If only the mother’s details are shown, the father may add his details by filling out a form, and attaching certified proof of his ID documents. 3) He must sign the declaration section of the form in the presence of an adult witness. 4) Then the birth certificate must be returned and changed for replacement. 5) If the birth certificate indicates that the father is “UNKNOWN”, DNA evidence must prove that he is the father of the child.

Here in the Philippines, children are usually allowed to carry the last name of the father only if their parents are married. But a law enacted in 2004, the “Revilla Law” now makes it possible for the illegitimate child to use the last name of his father. The father, however, needs to recognize the child as his own. There must be written proof of this, in the record of birth appearing in the civil register, in a public document or in a private handwritten instrument.

For more details regarding this procedure, please call us at (+632) 7051265 and (+632) 7051277.

 

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#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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