Module 4
Module 4
Module 4
LEARNING OBJECTIVE
The participant will gain knowledge on the proper
guidance on what to do on related issues and
concerns on cases pertaining to CDLI, RA 9048/RA
10172 and supplemental report.
Processing of CRDs Affected by Legal Instruments
LEGAL INSTRUMENTS
W h e re to re g i ste r
• For births that occur outside the Philippines, the AAP
or PHI, and AUSF executed in the Philippines shall be
registered at the LCRO of the place of execution.
Legal Instruments
Where to register
• All other legal instruments executed abroad
should be registered in the civil registry office of
Manila (Refer to AO 1, Series of 1993)
Legal Instruments
How to register
The civil registry office where the vital event is
registered shall make the proper annotation on the
remarks portion of the document and applicable
registry book after the legal instrument is
registered.
Standard Annotations
Legitimation/RA 9858
If the birth was registered using the “Legitimated by the subsequent marriage of
surname of the father: parents < Name of Father> and <Name of
Mother> on <Date of Marriage> at <Place of
Marriage> under registry number <Registry
Number of the Affidavit of Legitimation >”.
If the birth was registered using the “Legitimated by the subsequent marriage of
surname of the mother: parents < Name of Father> and <Name of
Mother> on <Date of Marriage> at <Place of
Marriage> under registry number <Registry
Number of the Affidavit of Legitimation
>.The child shall be known as < Name of the
child by virtue of the legitimation>”.
Standard Annotations
Acknowledgment
Acknowledgement (For children “Acknowledged by <Name of
born before August 3, 1988) father/Mother> on <Date of Execution of
the Affidavit> under Registry Number
<Registry Number of the Affidavit of
Acknowledgement>. Henceforth, the child
shall be known as: <Full Name of the Child
by virtue of the acknowledgement>.
Standard Annotations
Republic Act No. 9255
Administrative Order No. 1, Series of 2004
For children born on or after August 3, 1988
With information about the father “The surname of the child is hereby
in the Certificate of Live Birth changed from <Last Name of the Mother>
(COLB), child is under the surname to <Last Name of the Father> on <Date of
of the mother execution of the AUSF>. The child shall be
known as: <Full Name of the Child>
pursuant to RA 9255.
PSA will only annotate its file if the AUSF is registered prior to the full
implementation of the Revised IRR of RA 9255 (August 1, 2016)
Standard Annotations
Republic Act No. 9255
Administrative Order No. 1, Series of 2004
For children born on or after August 3, 1988
With no information about the Acknowledged by <Name of Father> on
father in the COLB, child under the <Date of execution of the affidavit of
surname of the mother, affidavit of admission of paternity>. The Surname of
admission of paternity signed by the child is hereby changed from <Last
the father is properly registered Name of the Mother> to <Last Name of the
and submitted as one of the Father> on <Date of execution of the
attachments AUSF>. The child shall be known as: <Full
Name of the Child>, pursuant to RA 9255.
PSA will only annotate its file if the AUSF is registered prior to the full
implementation of the Revised IRR of RA 9255 (August 1, 2016)
Standard Annotations
Revised IRR of Republic Act No. 9255
Administrative Order No. 1, Series of 2016
For children born on or after March 19, 2004
With information about the father “The surname of the child is hereby
in the Certificate of Live Birth changed from <Last Name of the Mother>
(COLB), child is under the surname to <Last Name of the Father> on <Date of
of the mother execution of the AUSF>. The child shall be
known as: <Full Name of the Child>
pursuant to RA 9255.
PSA will only annotate its file if the AUSF is registered prior to the full
implementation of the Revised IRR of RA 9255 (August 1, 2016)
Standard Annotations
Republic Act No. 9255 (Administrative Order No. 1, Series of 2016)
For children born on or after March 19, 2004
For births not yet registered, “Acknowledged by (name of the father) on
without AUSF and acknowledged (date of execution of AAP)
by the father at back of COLB. Note: Annotation in the Registry Book only
For births not yet registered, “Acknowledged by (name of the father) on
without AUSF and acknowledged (date of execution of AAP) under (Registry
by the father in a separate Number of AAP)
document
For births not yet registered, “Acknowledged by (name of the father)
without AUSF through Private under (Registry Number of PHI)
Handwritten Instrument
In all cases above, the child shall be registered under the Last Name of the Mother
Standard Annotations
Republic Act No. 9255
Administrative Order No. 1, Series of 2016
For children born on or after March 19, 2004
For births not yet registered, WITH “Acknowledged by (name of the father) on
AUSF and acknowledged by the (date of execution of AAP) pursuant to RA
father at back of COLB 9255”
Note: Annotation in the Registry Book only
For births not yet registered, WITH “Acknowledged by (name of the father) on
AUSF and acknowledged by the (date of execution of AAP) under (Registry
father in a separate document Number of AAP) pursuant to
RA 9255”
For births not yet registered, WITH “Acknowledged by (name of the father)
AUSF through Private Handwritten under (Registry Number of PHI) pursuant to
Instrument RA 9255”
In all cases above, the child shall be registered under the Last Name of the Father
Standard Annotations
Republic Act No. 9255 (Administrative Order No. 1, Series of 2016)
For children born on or after March 19, 2004
For births previously registered “Acknowledged by (name of the father) on
under the surname of the mother, (date of execution of AAP) under (Registry
without AUSF, and acknowledged Number of AAP pursuant to RA 9255 ”
by the father in a separate AAP
For births previously registered “Acknowledged by (name of the father)
under the surname of the mother, under (Registry Number of AAP) pursuant
without AUSF, and acknowledged to RA 9255 ”
by the father in a PHI
Standard Annotations
Republic Act No. 9255 (Administrative Order No. 1, Series of 2016)
For children born on or after March 19, 2004
For births previously registered “Acknowledged by (name of the father) on
under the surname of the mother, (date of execution of AAP) under (Registry
with AUSF, and acknowledged by Number of AAP). The child shall be known
the father in a separate AAP as (full name of child) pursuant to RA 9255”
In all cases above, the child’s COLB shall be annotated under the Last Name of the
Father
Standard Annotations
Republic Act No. 9255 (Administrative Order No. 1, Series of 2016)
For children born on or after March 19, 2004
For births previously registered The child shall be known as (full name of
under the surname of the mother, child) pursuant to RA 9255”
and with previously registered
acknowledgment
In the case above, the child’s COLB shall be annotated under the Last Name of the
Father
Standard Annotations
Affidavit of Reappearance Effect of the Affidavit of Reappearance is
not annotated in the marriage certificate.
Recording of the Affidavit of Reappearance
automatically terminate the subsequent
marriage.
A. Certified true copy of the particular page of the Registry Book where the
entries in the fact of birth appears;
B. Certified true copy of the particular page where the fact of Legitimation
appears;
C. Affidavit executed by the civil registrar attesting to the fact that all efforts
have been exerted to locate/retrieve the document;
D. Marriage certificate of the parents of the applicant to prove the
occurrence of the subsequent marriage which produced the effects of
legitimation;
E. Certificate of No Marriage (CENOMAR)
Business Rules
3. Supplemental guidelines in the execution of affidavit of
legitimation in case of death of parent/s (Memorandum Circular
No. 2008-04).
• In addition to the requirements stated under Rule 66 of
Administrative Order No. 1, series of 1993, the following
requirements shall be submitted for processing legitimation
C. In case both the parents are already dead without executing any
Affidavit of Legitimation, the child if of age, may file a petition for
legitimation in court. If the child is a minor, the judicially appointed
guardian may file petition in court.
Business Rules
5. Registration of legal instruments executed abroad
(Rule 61 (2) of Administrative Order No. 1, Series of
1993)
b. Certificate of Finality
d. Annotated document
e. Un-annotated document
REQUIREMENTS
RA 10172
a. Approved petition for Correction of Sex/Month or
day of birth with C/MCR decision
b. Certificate of Finality
d. Annotated document
e. Un-annotated document
Guidelines in the correction of entries in the geographic,
statistical portion, and/or registry numbers on civil registry
documents (Memorandum Circular No. 2010-4)
Note: Before the Family Code takes effect on August 3, 1988, our
law on adoption is still P.D. 603 (the Child and Youth Welfare Code),
which expressly repealed all the provisions of the Civil Code on
adoption, as amended by Executive Order No. 91 signed by President
Corazon C. Aquino on December 17, 1986 (Sempio, Diy, page 255,
Handbook on the Family Code of the Philippines).
Court Decrees
2. Recognition of foreign judgment
• Foreign judgment must be judicially confirmed by
filing a civil action at the Regional Trial Court in
the Philippines pursuant to Section 48, Rule 39 of
the Rules of Court, and the Supreme Court ruling.
(Memorandum Circular 2007-008 dated
September 24, 2007).
Court Decrees
3. Annulment of marriage
• The court decision declaring the severance of the
marriage bond based on legal grounds provided
for under the Family Code. The marriage in this
case is merely voidable which means that the
marriage suffer certain legal defect or defects
that can be ratified by free cohabitation or
prescription, if not ratified, can be a valid ground
for annulment.
Court Decrees
4. Declaration of absolute nullity of marriage
• It is a court decision declaring that the marriage is
void from the beginning or inexistent from the time of
performance.
• Marriage is fatally defective and cannot be ratified as
in the case of:
• One or more of the essential and formal requisites are
lacking when the marriage was performed.
• When marriage is:
•Incestuous
•Polygamous
•Bigamous
•contrary to public policy.
Court Decrees
5. Legal separation/Court Order setting aside the decree
of Legal Separation
• It is a court decision ordering the separation of the
husband from his wife. This is sometimes called
relative divorce.
Cancellation of Naturalization:
(6) By having been declared by competent authority, a
deserter of the Philippine armed forces in time of
war, unless subsequently, a plenary pardon or
amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a
foreigner if, by virtue of the laws in force in her
husband's country, she acquires his nationality.
Court Decrees
9. Compulsory recognition of illegitimate child/
Voluntary recognition of minor illegitimate child
• Compulsory recognition of illegitimate child. This court
decree arises from the provisions of Articles 283 and
284 of the Civil Code whereby the father or the mother
is compelled to recognize a child as a natural child.
Court Decrees
10. Judicial determination of filiations
• Filiation is the status of the child in relation to the
father or the mother. Sometimes, it is used to indicate
paternity or maternity. Filiation may be by nature or by
adoption. Natural filiation may be legitimate or
illegitimate. Thus, when the legitimacy or illegitimacy
of a certain child is impugned or disputed by the child
himself or by an interested party, like the alleged
father of the child, the court proceedings is called
judicial determination of filiation. Under Article 406 of
the Civil Code, this court decree shall be entered in the
civil register.
Court Decrees
10. Judicial determination of filiations
• Filiation is the status of the child in relation to the
father or the mother. Sometimes, it is used to indicate
paternity or maternity. Filiation may be by nature or by
adoption. Natural filiation may be legitimate or
illegitimate. Thus, when the legitimacy or illegitimacy
of a certain child is impugned or disputed by the child
himself or by an interested party, like the alleged father
of the child, the court proceedings is called judicial
determination of filiation. Under Article 406 of the Civil
Code, this court decree shall be entered in the civil
register.
Court Decrees
11. Appointment of Guardianship/
Termination of Guardianship
Article 20 of the Child and Youth Welfare Code (PD 603) states that
“The court may, upon the death of the parents and in cases
mentioned in Articles 328 to 332 of the Civil Code appoint a
guardian for the person and property of the child, on petition of any
relative or friend of the family or the Department of Social Welfare
and Development”.
Legal Separation
“Pursuant to the decision dated <Date when the decision
was rendered> rendered by Judge <Name of the Judge>
of the Regional Trial Court <Name of the RTC where the
decision was rendered>, Branch<Number>, under Civil
Case No. <Case No.>, the marriage between <Name of
the husband> and <Name of Wife> celebrated on <Date
of Marriage> is hereby declared <COURT DECISION>.
Standard Annotations
Correction of Entry
“Pursuant to the decision of the court dated <Date when
the decision was rendered> rendered by Judge <Name of
the Judge> of the Regional Trial Court, <Name of the RTC
where the decision was rendered>, Branch <No.> under
Special Proc. No.<Case No.>, the <Entry/ies> is hereby
ordered corrected from <____> to <___>?.”
Requirements
1. Adoption
a. Certified True Copy (CTC) Court Decree of Adoption
b. CTC Certificate of Finality of the court decree of
adoption
c. Certificate of Registration of the Court Decree of
adoption (CTC if place of birth is other than the place
where the decision of adoption was rendered)
d. CTC Certificate of Live Birth prior to adoption
e. CTC of Amended Certificate of Live Birth
f. Certificate of Authenticity of the court decree of
adoption
Requirements
2. Adoption Passed through Inter-Country Adoption
Board (ICAB)
a. Certified/Original Copy of the Foreign Court Decree duly
Registered at the Manila CCRO;
b. Certificate of Registration of the Foreign Court Decree
issued by the CCRO of Manila;
c. Certification that the adoption process passed through the
ICAB;
d. Certified photocopy of the amended of COLB issued by
LCRO/CCRO of the place of birth;
e. If the child was born abroad, PSA shall issue the amended
COLB based on the original COLB from the PSA file;
f. Original COLB from the PSA file.
Requirements
3. Other registrable court decrees:
a. CTC of Court Decision/Order
b. CTC of Certificate of Registration of the Court Decision/
Order
c. CTC of Certificate of Finality
d. CTC of the Certificate of Authenticity of Court Decision/
Order issued by the civil registrar where the decision/order
is registered
e. CTC of the annotated civil registry document/amended
Birth Certificate (for Adoption cases)
f. CTC of the civil registry document without annotation/ birth
certificate prior to adoption (For Adoption cases)
Requirements
www.psa.gov.ph