REPUBLIC ACT 9858

ADMINISTRATIVE ORDER NO. 1, SERIES OF 2010

Subject: RULES AND REGULATIONS
GOVERNING THE IMPLEMENTATION OF REPUBLIC
ACT NO. 9858 (An Act Providing for the Legitimation of
Children Born to Parents Below Marrying Age, Amending
for the Purpose the Family Code of the Philippines, as
Amended).


Section 1 of Republic Act (R.A.) No. 9858 further amended
Article 177 of Executive Order No. 209, otherwise known
as the Family Code of the Philippines, to read as follows:

"Art. 177. 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 were so disqualified
only because either or both of them were below eighteen
(18) years of age, may be legitimated."

Commonwealth Act 591 mandates the National Statistics
Office (NSO) through the Office of the Civil Registrar
General (OCRG) to carry out and administer the provisions
of Act No. 3753 otherwise known as the Civil Registry
Law.


Section 8 of Act No. 3753 provides for the registration of
legitimation by subsequent marriage of parents in the civil
register.

Pursuant to Section 2 of R.A. 9858, the following rules are
hereby adopted.

Rule 1.COVERAGE

These rules shall apply to all children conceived and born
outside of marriage of parents who, at the time of
conception of the child, were 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.

Rule 2. DEFINITION OF TERMS

As used in these rules, the following terms shall mean:

2.1 Legitimation- is a process where a child born out of
wedlock is considered legitimate by fiction of law due to the
subsequent valid marriage of his/her parents.

2 .2 Minor parent- a person under 18 years old who has a
child.

2.3 Legal impediment- refers to all causes and
circumstances that may render the marriage void under the
Family Code of the Philippines such as:

a. prior existing marriage;

b. those contracted by any party below 18 yrs. of age even
with the consent of parents or guardians;

c. those solemnized by any person not legally authorized to
perform marriage unless such marriage were contracted
with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;

d. those solemnized without a license, bigamous or
polygamous marriages not falling under Article 41;

e. those contracted through mistake of one contracting
party as to the identity of the other; and

f. Those subsequent marriages that are void under Article
53.
Rule 3. REQUISITES FOR LEGITIMATION
Before a child may be legitimated, the following shall be
established:

3.1 The parents are not disqualified to marry each other by
any legal impediment at the time of conception of the child,
or are so disqualified because either or both of them is/are
minor parent/s;

3.2 The child is conceived an born outside a valid
marriage.

3.3 The parents subsequently enter into a valid marriage.

Rule 4. AFFIDAVIT OF LEGITIMATION

4.1 Who shall execute ?

4.1.1 Both parents shall execute a Joint Affidavit of
legitimation; and

4.1.2 The surviving parent in case one of the parents dies
or is presumed dead shall execute an Affidavit of
Legitimation.

In case where both parents died 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 or by persons authorized by
law to exercise substitute parental authority as
enumerated under Article 216 of the Family Code of the
Philippines may file the petition in court.

4.2 Contents of the Affidavit of Legitimation

The Affidavit of Legitimation shall contain the following:

4.2.1 the names of the parents and place of residence;

4.2.2 the date and place when such marriage was
solemnized;

4.2.3 the name of the officer who officiated the
marriage;

4.2.4 the name of the child to be legitimated;

4.2.5 the name and place where the child was born;

4.2.6 a statement that at the time when the child was
conceived, the aforesaid parents were not disqualified by
any impediment to marry each other except age, and that
they subsequently entered into a valid marriage; and

4.2.7 a statement that by virtue of the subsequent
marriage, the said child in now legitimated.

Rule 5. REGISTRATION PROCEDURES

5.1 Who shall Register ?

The following shall register the Affidavit of Legitimation:
5.1.1 The father and/or mother of the child to be
legitimated;

5.1.2 The child if of age; or

5.1.3 Any person authorized by the above or by law as
provided by Article 216 of the Family Code

5.2 What to Register ?

The Affidavit of Legitimation shall be registered. It shall be
supported by the following documents:

a. Certified True Copy (CTC) of the Certificate of Live Birth
of the child;
b. CTC of the Certificate of Marriage of Parents;
c. Certificate of No Marriage of both parents;
d. Death Certificate of the deceased parent/s in case of
death of either parent; and
e. Court order of the presumptive death, in case one of the
parents is presumed dead.

5.3 When to Register ?

The affidavit of Legitimation shall be registered within thirty
(30) days from the date of execution.

5.4 Where to Register ?

5.4.1 The Affidavit of Legitimation executed within the
Philippines shall be registered at the Local Civil Registry
Office (LCRO) where the child was born, if the birth
occurred in the Philippines.

5.4.2 The Affidavit of Legitimation executed within the
Philippines shall be registered at the City Civil Registrar
(CCR) of Manila, if the birth occurred outside the
Philippines

5.4.3 The Affidavit of Legitimation executed outside the
Philippines, whether the birth occurred within or outside
the Philippines, shall be authenticated by the Consul
General of his/her representative in the nearest Philippine
Consulate General or Embassy which has jurisdiction
over the place where one of both of the parents reside.
The CCR of Manila shall register the authenticated
Affidavit of Legitimation.

Rule 6. EFFECTS OF LEGITIMATION

6.1 The effects of legitimation shall retroact at the time of
the birth of the child. The child shall enjoy the same rights
as legitimate children. (Article 174 of the Family Code of
the Philippines)

6.2 The annulment of a voidable marriage shall not
affect the legitimation (Article 178 of the Family Code of the
Philippines)

6.3 The Certificate of Live Birth (COLB) and Register of
Births shall be annotated as follows:

6.3.1 If the birth was registered using the surname of
the father

Legitimated by subsequent marriage of parents < Name
of Father> and <Name of Mother> on <Date of Marriage>
at <Place of Marriage> under <Registry Number of the
Affidavit of Legitimation>

6.3.2 If the birth was registered using the surname of the
mother:

"Legitimated by subsequent marriage of parents < Name of
Father> and <Name of Mother> on <Date of Marriage> at
<Place of Marriage> under <Registry Number of the
Affidavit of Legitimation>. The child shall be known as
<Name of the Child by virtue of the legitimation>".
Rule 7. ISSUANCE OF CERTIFIED COPY OF
CERTIFICATE OF LIVE BIRTH (COLB) AND CERTIFIED
TRANSCRIPTION FROM THE REGISTER OF BIRTHS
(LCR Form 1A)

7.1 No entry in the original copy of the COLB shall be
changed when a certified true copy is issued. It shall only
bear the annotation as provided under Rule 6.3

7.2 The certified transcription (LCR Form 1A) from the
Register of Births issued shall bear the following effects:

a. The last name of the child shall be changed to the
surname of the father;

b. The middle name of the child shall be the maiden
surname of the mother;

c.The name of the father and other relevant information, if
not indicated in the COLB shall be entered;

d.The entry on the date and place of marriage shall be
entered;
The annotation Legitimated by subsequent marriage of
parents under Registry Number <Registry Number of the
Affidavit of Legitimation> shall appear on the Remarks
space.
Rule 8. PROCESSING OF DOCUMENTS AT THE LOCAL
CIVIL REGISTRY OFFICE (LCRO)

8.1 For births occurring in the Philippines and the
Affidavit of Legitimation executed in the Philippines
8.1.1 The City/Municipal Civil Registrar (C/MCR) shall
examine the Affidavit of Legitimation and the supporting
documents for authenticity, completeness and consistency;

8.1.2 The C/MCR shall register the Affidavit of
Legitimation in the Registry of Legal Instruments;

8.1.3 The C/MCR shall annotate the COLB and the
Register of Births;

8.1.4 The C/MCR shall issue a certified copy of COLB or
certified transcription (LCR Form 1A) with annotations
and/or Affidavit of Legitimation upon request of authorized
persons (Section 7, Presidential Decree 603;

8.1.5 The C/MCR shall send to OCRG certified copy of
the folowing:
a. Annotated COLB;

b.COLB without annotation, if available;

c. Affidavit of Legitimation; Certificate of Registration of the
Affidavit of Legitimation;

d. Certificate of Marriage; and

e. Other supporting documents as applicable such as
Certificate of Death; Divorce, Declaration of Nullity, etc.
8.2 For births occurring in the Philippines and the
Affidavit of Legitimation executed outside the Philippines
8.2.1 The affidavit of Legitimation shall be authenticated
by the Consul General or his/her representative in the
nearest Philippine Consulate General or embassy which
has jurisdiction over the place where one of both of the
parents reside.

8.2.2 The CCR of Manila shall examine the Affidavit of
Legitimation and the supporting documents for authenticity,
completeness and consistency;

8.2.3 The CCR of Manila shall register the authenticated
Affidavit of Legitimation together with the supporting
documents as mentioned in 5.2;

8.2.4 The CCR of Manila shall forward a copy of the
Affidavit of Legitimation and supporting documents as
mentioned in 5.2 to the C/MCR where the birth was
registered;

8.2.5 The C/MCR where the birth was registered shall
annotate the COLB and the Register of Births;

8.2.6 The C/MCR where the birth was registered shall
issue a certified copy of COLB or certified transcription
(LCR Form 1A) with annotations upon request of
authorized persons (Section 7, Presidential Decree 603);

8.2.7 The C/MCR where the birth was registered shall
send to OCRG certified copy of the following:


a.Annotated COLB;

b. COLB without annotation, if available

c. Affidavit of Legitimation;

d. Certificate of Registration of the Affidavit of Legitimation;

e. Certificate of Marriage; and

f. Other supporting documents as applicable such as
Certificate of Death, Divorce, Declaration of Nullity, etc.
8.3 For births occurring outside the Philippines and the
Affidavit of Legitimation executed in the Philippines
8.3.1 The CCR of Manila shall register the Affidavit of
Legititmation together with the supporting documents as
mentioned in Rule 5.2.

8.3.2 The CCR of Manila shall forward a copy of the
Affidavit of Legitimation and supporting documents to the
OCRG.
8.4 For births occurring outside the Philippines and the
Affidavit of Legitimation executed outside the Philippines


8.4.1 The affidavit of Legitimation shall be authenticated
by the Consul General or his/her representative in the
nearest Philippine Consulate General or Embassy which
has jurisdiction over the place where one or both of the
parents reside;

8.4.2 The CCR of Manila shall examine the Affidavit of
Legitimation and the supporting documents for authenticity,
completeness and consistency;

8.4.3 The CCR of Manila shall register the authenticated
Affidavit of Legitimation together with the supporting
documents as mentioned in Rule 5.2;

8.4.4 The CCR of Manila shall forward a copy of the
Affidavit of Legitimation and supporting documents to the
OCRG.
Rule 9. PROCESSING OF DOCUMENTS AT THE OCRG


9.1 The OCRG shall examine the annotated COLB,
Affidavit of Legitimation and all supporting documents
submitted for authenticity and consistency;

9.2 The OCRG shall annotate Report of Births
following Rule 6.3;

9.3 The OCRG shall file the documents submitted by
C/MCRs in its archives; and

9.4 The OCRG shall issue a certified copy of the
annotated COLB and/or Affidavit of Legitimation upon
request of authorized persons (Section 7, Presidential
Decree 603).

Rule 10. RETROACTIVITY CLAUSE


These rules shall have retroactive effect for all births
occurring within or outside the Philippines after the
effectivity of the Family Code.
Rule 11. SEPARABILITY CLAUSE
If any portion or provision of this Implementing Rules and
Regulations is declared void or unconstitutional, the
remaining portions thereof shall not be affected by such
declaration.
Rule 12. Repealing Clause

All circulars, memoranda, rules and regulations or parts
thereof inconsistent with the provisions of these rules are
hereby repealed or modified accordingly.
Rule 13. EFFCTIVITY

These rules shall take effect 15 days after its publication in
a newspaper of general circulation in the Philippines.
Approved this 26th day of October 2010.