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Administrative Order No.

1 Series of 1993
Implementing Rules and Regulations of Act No. 3753
and Other Laws on Civil Registration
(Volume 89, Number 2, Official Gazette; January 11, 1993)

National Statistics Office

Office of the Civil Registrar General

Manila

i
REPUBLIC OF THE PHILIPPINES

HIS EXCELLENCY

PRESIDENT FIDEL V. RAMOS

OFFICE OF THE CIVIL REGISTRAR-GENERAL

TOMAS P. AFRICA

Civil Registrar-General

CARLITO B. LALICON

Civil Registry Coordinator

ii
Civil Registration
Committee

Chairman

Lourdes J. Hufana

Vice-Chairman

Rosalinda L. Cabrera

Members

Preciosa B. Astillero Marcelino N. Jorda


Lucinda M. Bitong Ledesma L. Morante
Julieto S. Bolivar Editha R. Orcilla
Wilhelmina C. Bumanglag Veronica P. Pido
Zenaida R. dela Cruz Lilia B. Tandoc
Marites C. Espinoza Benedicta A. Yabut
Patricia Inez P. Estaniel Janice R. Ybanez

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TABLE OF CONTENTS

PREFACE ....................................................................................................................................... 1
ADMINISTRATIVE ORDER NO.1, Series of 1993..................................................................... 2
PRELIMINARY STATEMENT .................................................................................................... 2
Title One - GENERAL PROVISIONS........................................................................................... 3
Rule 1. Duties and Powers of the Civil Registrar-General ......................................................... 3
Rule 2. Submission of the Appointment of Civil Registrar and other Pertinent Papers............. 3
Rule 3. Designation of Assistant Civil Registrar and Other signatories..................................... 4
Rule 4. Technical Control and Supervision of Civil Registrars.................................................. 4
Rule 5. Duties of the Civil Registrar........................................................................................... 4
Rule 6. Role of Barangay Secretary............................................................................................ 5
Rule 7. Civil Registry Books. ..................................................................................................... 5
Rule 8. Civil Registration Forms. ............................................................................................... 6
Rule 9. Operative Act of Registration......................................................................................... 7
Rule 10. Reporting of Vital Events Occurring Abroad............................................................... 8
Rule 11. Supplemental Report for Birth, Death and Marriage. .................................................. 8
Rule 12. Delayed Registration. ................................................................................................... 9
Rule 13. Posting of the Pending Application.............................................................................. 9
Rule 14. Recording of Delayed Registration. ............................................................................. 9
Rule 15. Duty to File a Complaint with the Prosecutor's Office. ............................................. 10
Rule 16. Reconstruction of Burned or Destroyed Civil Registry Records. .............................. 10
Rule 17. Fees............................................................................................................................. 10
Title Two – REGISTRATION OF LIVE BIRTH ........................................................................ 11
Rule 18. Live Birth. .................................................................................................................. 11
Rule 19. Reglementary Period and Place of Registration......................................................... 11
Rule 20. Out-of-town Reporting of Birth. ................................................................................ 12
Rule 21. Persons Responsible to Report the Event................................................................... 13
Rule 22. Number of Copies to be Accomplished for Distribution. .......................................... 13
Rule 23. Birth Registration of Illegitimate children. ................................................................ 13
Rule 24. Non-Disclosure of Birth Records. .............................................................................. 14
Rule 25. Delayed Registration of Birth..................................................................................... 14
Title Three - REGISTRATION OF FOUNDLING...................................................................... 15
Rule 26. Foundling.................................................................................................................... 15
Rule 27. Reglementary Period and Place of Registration......................................................... 16
Rule 28. Persons Responsible to Report the Event................................................................... 16
Rule 29. Requirements for Registration of Foundling.............................................................. 16
Rule 30. Number of Copies to be Accomplished for Distribution. .......................................... 16
Title Four - REGISTRATION OF DEATH ................................................................................. 17
Rule 31. Death. ......................................................................................................................... 17
Rule 32. Reglementary Period and Place of Registration......................................................... 17
Rule 33. Persons Responsible to Report the Event. - ............................................................... 18
Rule 34. Number of Copies to be Accomplished for Distribution. .......................................... 19
Rule 35. Out-of-Town Reporting of Death............................................................................... 19
Rule 36. Mass Death. ................................................................................................................ 20

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Rule 37. Death Under Medico-Legal Examination. ................................................................. 20
Rule 38. Fetal Death. ................................................................................................................ 21
Rule 39. Delayed Registration of Death. .................................................................................. 21
Title Five - REGISTRATION OF MARRIAGE .......................................................................... 21
Rule 40. Marriage. .................................................................................................................... 22
Rule 41. Reglementary Period and Place of Registration......................................................... 22
Rule 42. Person Responsible to Report the Event. ................................................................... 22
Rule 43. Number of copies to be Accomplished for Distribution ............................................ 22
Rule 44. Marriage in Transit within Philippine Territory......................................................... 22
Rule 45. Marriages Exempt from the License Requirement..................................................... 22
Rule 46. Delayed Registration of Marriage. ............................................................................. 23
Title Six - REGISTRATION OF APPLICATION FOR MARRIAGE LICENSE ...................... 24
Rule 47. Reglementary Period and Place of Registration......................................................... 24
Rule 48. Requisites of Application for Marriage License. ....................................................... 24
Rule 49. Number of copies to be Accomplished for Distribution. ........................................... 27
Title Seven - REGISTRATION OF COURT DECREE/ORDER................................................ 27
Rule 50. Reglementary Period and Place of Registration......................................................... 27
Rule 51. Adoption..................................................................................................................... 27
Rule 52. Number of Copies to be Submitted for Registration and Distribution....................... 28
Rule 53. Registration of a Decree of Adoption Issued by Foreign Court................................. 28
Rule 54. Annotations in the Civil Register. .............................................................................. 28
Rule 55. Preparation and Issuance of certificate of Live Birth of the Adopted child............... 28
Rule 56. Nature of Proceedings and Records. .......................................................................... 30
Rule 57. Annulment of Marriage, Legal separation, or Declaration of Absolute Nullity of
Marriage.................................................................................................................................... 30
Rule 58. Correction of Entry..................................................................................................... 30
Rule 59. Change of Name......................................................................................................... 30
Rule 60. Presumptive Death. .................................................................................................... 31
Title Eight - REGISTRATION OF LEGAL INSTRUMENTS.................................................... 31
Rule 61. Place of Registration. ................................................................................................. 31
Rule 62. Number of copies to be submitted for Distribution.................................................... 31
Rule 63. Affidavit of Reappearance.......................................................................................... 31
Rule 64. Affidavit of Acknowledgment/Affidavit of Admission of Paternity. ........................ 32
Rule 65. Authorization or Ratification of Artificial Insemination............................................ 32
Rule 66. Legitimation by Subsequent Marriage of Parents. ..................................................... 32
Rule 67. Option to Elect Philippine Citizenship....................................................................... 34
Rule 68. Repatriation. ............................................................................................................... 34
Title Nine - PENAL PROVISIONS ............................................................................................. 35
Rule 69. Violations of Act No. 3753. ....................................................................................... 35
Rule 70. Violations of Act 3613. .............................................................................................. 35
Rule 71. violation of C.A. No. 625. .......................................................................................... 36
Rule 72. violation of Family Code............................................................................................ 36
Title Ten – FINAL PROVISIONS ............................................................................................... 36
Rule 73. Civil Registry Law Coverage. .................................................................................... 36
Rule 74. Repealing Clause........................................................................................................ 36
Rule 75. Effectivity Clause. ...................................................................................................... 37

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APPENDIX 1................................................................................................................................ 38
Certificate of Live Birth............................................................................................................ 39
Certificate of Foundling............................................................................................................ 41
Certificate of Death................................................................................................................... 42
Certificate of Fetal Death.......................................................................................................... 44
Certificate of Marriage.............................................................................................................. 46
Application for Marriage License............................................................................................. 48
APPENDIX 2................................................................................................................................ 49
Civil Registry Form No. 1A (Birth-available).......................................................................... 50
Civil Registry Form No. 1B (Birth-not available) .................................................................... 51
Civil Registry Form No. 1C (Birth-destroyed) ......................................................................... 52
Civil Registry Form No. 2A (Death-available)......................................................................... 53
Civil Registry Form No. 2B (Death-not available)................................................................... 54
Civil Registry Form No. 2C (Death-destroyed)........................................................................ 55
Civil Registry Form No. 3A (Marriage-available) ................................................................... 56
Civil Registry Form No. 3B (Marriage-not available).............................................................. 57
Civil Registry Form No. 3C (Marriage-destroyed)................................................................... 58
Civil Registry Form No. 4A (Application for marriage license-available) .............................. 59
Civil Registry Form No. 4B (Application for marriage license-not available) ........................ 60
Civil Registry Form No. 4C (Application for marriage license-destroyed) ............................. 61

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PREFACE
Administrative Order No.1, Series, of 1993 issued by the Office of the Civil Registrar-
General embodies the implementing rules and regulations on civil registration and other
laws revising Administrative Order No.1, Series of 1983.

This revision is due to the 1988 Family Code of the Philippines and the 1991 Local
Government Code plus the changing times which necessitate the new procedures in
registering these new events.

A new Instructions Manual on the accomplishment and coding of civil registry


documents was also prepared for the use of all persons involved in civil registration
work.

With these, we aim to assist civil registrars in registering vital events such as birth,
death, marriage, fetal death and other registrable events as required by law.

It is expected that these registration procedures and provisions will standardize the civil
registration system in the Philippines, resulting in current, complete and accurate vital
statistics in the country.

This Administrative Order is one of the outputs of the civil Registration Committee which
had several consultative meetings and in-depth researches on all the rules and
provisions contained herein.

TOMAS P. AFRICA
Administrator and
Civil Registrar-General

1
National Statistics Office
OFFICE OF THE CIVIL REGISTRAR-GENERAL
Manila

ADMINISTRATIVE ORDER NO.1, Series of 1993


Subject: Implementing Rules and Regulations of Act No. 3753 and other Laws on
Civil Registration

Pursuant to section 2 of Act No. 3753, otherwise known as the civil Registry Law. which
took effect on 27 February 1931, the following rules and regulations amending
Administrative Order No.1, Series of 1983 governing the application and enforcement of
Act No. 3753 and other laws on civil registration are hereby promulgated for the
information, guidance and compliance of all concerned.

PRELIMINARY STATEMENT
Act No. 3753, has for its purpose, the establishment of a civil register in the Philippines
wherein acts, events, legal instruments and court decrees concerning the civil status of
persons shall be recorded. This law applies prospectively, hence, all acts and events
that occurred prior to 27 February 1931 are not registrable.

The head of the National statistics Office is the Civil Registrar-General.

The person in-charge of recording vital events and other documents affecting the civil
status of persons in cities and municipalities is the civil registrar. The civil Registry Law
embraces all acts of civil life affecting the status of persons and is applicable to all
persons residing in the Philippines.

________________
* Vol. 89, No.2, Official Gazette, January 11, 1993.
N.B. The notation in parenthesis after each paragraph or
rule indicates the source of that rule.

(N) means a new rule or regulation;


( 'n' ) where 'n' is any number, means the nth rule of Administrative Order No. 1 Series
of 1983, as in (3) to mean Rule 3 of the 1983 Administrative Order;
(a) means an amendment of a specified rule, as in
(3a) to mean Rule 3, as amended.

2
The principal elements that characterize persons are:

a) their nationality;

b) their filiation which unites them to their parents and through them, to a given
family name; and

c) the different facts showing the beginning and the end of their civil personality
and any modification thereof. These facts are:

i) birth;
ii) recognition;
iii) legitimation;
iv) adoption;
v) marriage;
vi) legal separation; and
vii) death.

Title One - GENERAL PROVISIONS


Rule 1. Duties and Powers of the Civil Registrar-General. - The Civil
Registrar-General shall have the following duties and powers:

a) To enforce the provisions of Act No. 3753;

b) To prepare and issue regulations for carrying out the purposes of Act No. 3753 and
other laws relative to civil registration, and to prepare and order printed the necessary
forms for its proper compliance;

c) To give orders and instructions to the city/municipal civil registrars with reference to
the performance of their duties as such; and

d) To report any violation of the provisions of Act No. 3753 and other laws on civil
registration, and all irregularities, negligence or incompetency of city/municipal civil
registrar to the concerned mayor who shall take the proper disciplinary action against
the offender. (Section 2, Act No. 3753 as amended by Local Government Code section
455(b) (1) (x) and Section 444(b) (1) (x)) (N)

Rule 2. Submission of the Appointment of Civil Registrar and other


Pertinent Papers. - The civil registrar shall furnish the Office of the civil Registrar-
General a copy of his appointment duly approved by the sangguniang bayan or
sangguniang panlungsod, as the case may be, and duly attested by the civil Service

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commission within five (5) days from receipt thereof, together with a specimen of his
handwritings and signatures properly authenticated by the mayor. (Section 443 (d) and
Section 454 (d), Local Government Code of the Philippines) (la)

Rule 3. Designation of Assistant Civil Registrar and Other signatories.


- (1) The civil registrar may authorize one or more from among the senior officials of his
staff to sign in his behalf all papers and documents pertaining to civil registration
whenever he is absent or unable to perform his duties on account of physical or legal
causes. (2:1a) (2) For this purpose, the Office of the civil Registrar General shall be
furnished with a copy of their authorization together with specimen of their handwritings
and signatures properly authenticated by the civil registrar.(2:2a)

Rule 4. Technical Control and Supervision of Civil Registrars. - The civil


Registrar-General shall have technical control and supervision on civil registrars and
officials mentioned in Rule 3 (1). In the exercise of this technical and supervisory
function, the Civil Registrar General shall have the power to declare ultra vires any act
of civil- registrars inconsistent with the prescribed standards, criteria and procedures
mentioned in this implementing rules and regulations and other pertinent laws on civil
registration. (2:3a)

Rule 5. Duties of the Civil Registrar. - The civil registrar shall take charge of the
office of the civil registry and shall:

a) file registrable certificates and documents presented to them for entry;

b) compile the same monthly and prepare and send any information required of them by
the civil Registrar-General;

c) issue certified transcripts or copies of any certificate or document registered, upon


payment of the proper fees; d) order· the binding, properly classified, of all certificates or
documents registered during the year;

e) send to the Civil Registrar-General, (through his designated representative) during


the first ten days of each month, a copy of entries made during the preceding month, for
filing;

f) index the same to facilitate search and identification in case any information is
required;

g) administer oaths, register purposes; free of charge, for civil (Section 12, Act 3753)
h) accept all registrable documents and judicial decrees/orders affecting the civil status
of persons;

i) file, keep and preserve in a secured place the books required by law;

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j) transcribe and enter immediately upon receipt all registrable documents and judicial
decrees affecting the civil status of persons in the appropriate civil registry books;

k) receive applications for the issuance of a marriage license and after determining that
the requirements and supporting certificates and publication thereof for the prescribed
period have been complied with, shall issue the license upon payment of the authorized
fee to the treasurer;

l) coordinate with the Office of the civil Registrar-General (National Statistics Office) in·
conducting educational campaigns for vital registration and assist in the preparation of
demographic and other statistics for the local government unit concerned; (Article 9,
section 479, The Local Government Code of 1991);

m) file, keep and preserve civil· registry records as per archival system mandated by the
Local Government Code; (Section 374);

n) submit status reports on the condition of civil registry documents filed in the civil
registry office whenever there are changes of the previous status of files;

o) reconstruct destroyed civil registry records upon compliance with the requirements
following the procedures established by the Office of the civil Registrar-General; and

p) make available at all times the civil registry forms in his office. (3a)

Rule 6. Role of Barangay Secretary. - The barangay secretary shall assist the
civil registrar in the registration of births, deaths, and marriages occurring in his
jurisdiction. (Sec. 394 (c) (5), The Local Government Code of 1991) (9: 3a)

Rule 7. Civil Registry Books. - (1) Every civil registrar shall maintain, keep and
preserve in a secured place in his office the following registry books where he shall
properly enter the acts, events, and judicial decrees concerning the civil status of
persons:

a) Register of Births;
b) Register of Foundlings;
c) Register of Deaths;
d) Register of Marriages
e) Register of Court Decrees/Orders;
f) Register of Legal Instruments; and
g) Register of Applications for Marriage License (Article 25, Family Code). (4a)

(2) The following shall be recorded in the Register of Court Decrees/Orders:

a) Adoption/Rescission of adoption;
b) Annulment of marriage/Declaration of absolute nullity of marriage/Legal
separation/Court order setting aside the decree of legal separation;

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c) Change of name or correction of entry;
d) civil interdiction;
e) Declaration of presumptive death of the absent spouse/Judicial declaration of
absence;
f) Compulsory recognition of illegitimate child/Voluntary recognition of minor
illegitimate child;
g) Appointment of guardian/Termination of guardianship;
h) Judicial determination of filiation;
i) Judicial determination of the fact of reappearance of absent spouse, if
disputed;
j) Naturalization certificate/Cancellation of naturalization certificate;
k) Separation of property/Revival of former property regime; -
l) Emancipation of orphaned minor; and
m) Other registrable court decrees/orders. (N)

(3) The following shall be recorded in the Register of Legal Instruments:

a) Affidavit of reappearance;
b) Acknowledgment;
c) Acquisition of citizenship;
d) Authorization and ratification of artificial insemination;
e) certificate of legal capacity to contract marriage;
f) Legitimation;
g) Option to elect Philippine citizenship;
h) Partition and distribution of properties of spouses and delivery of the children's
presumptive legitimate;
i) Marriage settlements and any modification thereof;
j) Repatriation document with oath of allegiance;
k) Voluntary emancipation of minor;
l) Waiver of rights/interests of absolute community of property; and
m) Other registrable legal instruments. (N)

(4) The Office of the Civil Registrar-General shall maintain a Register of Solemnizing
Officers issued with Certificates of Registration of Authority to Solemnize Marriage in
accordance with Article 7 (2) of the Family Code. (N)

(5) The books making up the civil register and all records relating thereto shall be
considered public documents and shall be prima facie evidence of the facts contained
therein. The registry books shall be kept in a safe place and under no circumstance,
shall the books or documents be removed from the office except by order of a
competent court, in which case, proper receipt shall be issued. In this case, a certified
true copy of the document removed shall be made and retained by the issuing office for
its reference and file. (62a)

Rule 8. Civil Registration Forms. - (1) Documents presented before the civil
registrar for registration are the following:

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a) Accomplished certificate of Live Birth (Municipal Form No. 102, Revised
January 1993)

b) Accomplished certificate of Foundling (OCRG Form No. 101, Revised January


1993);

c) Accomplished certificate of Death (Municipal Form No. 103, Revised January


1993);

d) Accomplished certificate of Fetal Death (Municipal Form No. 103-A, Revised


January1993);

e) Accomplished certificate of Marriage (Municipal Form No. 97, Revised January


1993);

f) Accomplished Application for Marriage License (Municipal Form No. 90,


Revised January 1993); and

g) certified true copy of court decree or legal instrument and such other
registrable documents concerning the civil status of
persons. (5a)

(2) Every priest, minister or rabbi authorized by his denomination, church, sect or
religion to solemnize marriage shall file his sworn Application for Registration of
Authority to Solemnize Marriage using OCRG-S.O. No. 1 to the Office of the civil
Registrar-General. The Office of the civil Registrar-General, upon receiving such
application and being satisfied that the denomination, church, sect, or religion of the
applicant operates in the Philippines, shall record the certificate of Registration of
Authority to Solemnize Marriage (OCRG-S.O. No.2; Sept. 1, 1988), the name of such
priest, minister, or rabbi in the Register of Solemnizing Officers and shall issue such
certificate to the authorized solemnizing officer. (N)

Rule 9. Operative Act of Registration. - (1) The civil registrar shall see to it that:
a) appropriate form is used; b) form is properly and completely filled up; c) entries are
correct; and d) proper attachments are submitted. (N)

(2) In case the entries are found incomplete or incorrect, the civil registrar shall require
the person concerned to fill up the document completely or to correct the entries, as the
case may be. (6:1a)

(3) When the document is accepted for registration, the date of receipt shall be recorded
in the space provided or it shall be stamped on the upper right hand margin, in
document where no space is provided, properly signed by the person receiving the
same. (6:1a)

7
(4) The documents received for the day shall be entered immediately in the appropriate
civil registry book, assigning therein the corresponding registry number. A document
which bears no registry number is presumed not registered. However, when such
document bears the date of receipt, name and signature of the civil registrar, it is
deemed registered, in which case the civil registrar or his authorized personnel shall be
liable for damages sustained by any party as a result of the non-registration of the
document. (6:3a)

Rule 10. Reporting of Vital Events Occurring Abroad. All vital events
occurring to Filipinos residing abroad (permanently or temporarily) shall be reported to
the Philippine Foreign Service Establishments of the country of residence or where the
vital event took place or where none is located thereat, in the Philippine Foreign Service
Establishments of the country nearest the place of residence of the party concerned or
where the vital event occurred. - (N)

Rule 11. Supplemental Report for Birth, Death and Marriage. - (1) A
supplemental report using the appropriate form (Certificate of Live Birth, certificate of
Death, certificate of Fetal Death or certificate of Marriage) maybe filed to supply
information inadvertently omitted when the document was registered. However, the
"Medical certificate" in the Certificate of Death and Certificate of Fetal Death and all
applicable certifications contained in the certificate of Marriage should be accomplished
correctly and completely before registration. Hence, no supplemental report having
reference to the mentioned certificates is acceptable. (N)

(2) The supplemental report shall not be used in any manner to change or to correct any
entry which was previously entered in the civil register, or to circumvent the provision of
Article 412 of the Civil Code of the Philippines which prohibits any change or correction
of an entry in the civil register without judicial order. (11:1a)

(3) The civil registrar shall accept only one supplemental report for not more than two
omitted information in any registered event. In cases where there are more than two
omitted information, all papers related thereto shall be forwarded 'to the Office of the
Civil Registrar-General. (N)

(4) The supplemental report may be filed by the parent/guardian or the party concerned,
if of age, who shall execute an affidavit indicating the entry/ies missed in the registration
and the reasons why there was a failure in supplying the required entry. (11:2a)

(5) The supplemental report shall be filled up only with respect to province,
city/municipality, registry number, and the following items: "Name"; "Informant";
"Prepared by"; and "Received at the Office of the civil Registrar" for birth and death and
"Name of Contracting Parties" and "Received at the Office of the civil Registrar" for
marriage. The omitted information shall be entered in the appropriate space/s (12:1a)

8
(6) The certificate used in the preceding paragraph shall be marked "Supplemental
Report" and shall be submitted with the certified true copy of the registered document to
the Office of the civil Registrar where the event occurred.
(12:2a)

(7) Upon receipt of the application, the civil registrar shall enter in the "Remarks" portion
of the corresponding civi1 register "with Supplemental Report" , "Prepared by ", date of
entry and the omitted
entry/ies. (12: 3a)

(8) When the interested party requests a copy of the certificate, a certified true copy or a
certified transcription using standard form bearing the effects of the supplemental report
shall be issued. The remarks "with Supplemental Report" shall be indicated in the upper
right hand corner of the certified true copy or certified transcription to be issued. (N)

Rule 12. Delayed Registration. - A report of vital event made beyond the
reglementary period is considered delayed. (N)

Rule 13. Posting of the Pending Application. - (1) A notice to the public on
the pending application for delayed registration shall be posted in the bulletin board of
the city/municipality for a period of not less than ten (10) days. (47a)

(2) If after ten (10) days, no one opposes the registration, the civil registrar shall
evaluate the veracity of the statements made in the required documents submitted.
(48:1a)

(3) If after proper evaluation of all documents presented and investigation of the
allegations contained therein, the civil registrar is convinced that the event really
occurred within the jurisdiction of the civil registry office, and finding out that said event
was not registered, he shall register the delayed report thereof. (48:2a)

(4) The Civil Registrar, in all cases of delayed registration of birth, death and marriage,
shall conduct an investigation whenever an opposition is filed against its registration by
taking the testimonies of the parties concerned and witnesses in the form of questions
and answers. After investigation, the civil registrar shall forward his findings and
recommendations to the Office of the Civil Registrar-General for appropriate action.
(57:1a)

(5) The Civil Registrar-General may, after review and proper evaluation, deny or
authorize the registration. (57:2a)

Rule 14. Recording of Delayed Registration. - In every case of delayed


registration of birth, death, marriage and other registrable documents, the entry in the
civil registry book and the registry number transcribed on the certificate of vital event
shall be in red ink. The remarks "Delayed Registration" shall be written on the upper
right hand margin of the certificate and the "Remarks" portion of the registry book. (56a)

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Rule 15. Duty to File a Complaint with the Prosecutor's Office. - In every
case of delayed registration, the civil registrar shall file a complaint with the city
provincial prosecutor's office for appropriate action under section 17 of Act No. 3753.
The action filed in court by the prosecutor against the party for failure to register shall
not suspend or stop the registration, neither should it be a ground for refusal by the civil
registrar to register the delayed report of birth, death or marriage or any registrable
document. (55a)

Rule 16. Reconstruction of Burned or Destroyed Civil Registry


Records. - (1) To reconstruct burned or destroyed records, the Office of the civil
Registrar may request certified true copies from the Office of the civil Registrar General
stating the year and type of documents for reconstruction. The Office of the Civil
Registrar-General shall advise the civil registrar as to the availability of the records and
cost, and the required Requisition Issue Voucher with certification on the availability of
funds duly approved by the mayor. In case some records are not available at the Office
of the civil Registrar-General, the civil registrar shall conduct an information campaign
aimed at making the public submit their individual copies of civil registry records as
basis for reconstruction. (N)

(2) For records not available at the Office of the Civil Registrar and Office of the Civil
Registrar-General, the civil registrar shall require the interested party to submit to the
Office of the civil Registrar, a copy of the document previously registered or an
authentic copy thereof issued by the civil registrar or by the Office of the civil Registrar-
General. The civil registrar shall then examine the document with respect to the
signature of the issuing officer appearing in the document and if found to be true and
genuine, it shall be sufficient evidence for the registration of the document. The same
shall be accepted for recording in the appropriate civil registry book without additional
requirements. (63:1a)

(3) In case the party could not present a copy of the document that was previously
registered nor an authentic copy thereof or even if these are presented but the
genuineness or authenticity of the signature of the civil registrar or the issuing officer
cannot be established, the pertinent procedures for late registration shall apply. (63:2)

Rule 17. Fees. - (1) No fee shall be collected for the registration of birth, foundling,
death and marriage. (60:1a)

(2) For the registration of legal instruments, court decrees or orders, and the issuance of
certified copies or certifications of civil registry records, fees may be collected in
accordance with the existing laws. In every case, an official receipt shall be issued.
(60:2)

(3) All expenses in connection with the operation and maintenance of the civil registry
office shall be paid out of the city or municipal funds. (61)

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Title Two – REGISTRATION OF LIVE BIRTH

Rule 18. Live Birth. - (1) Live birth is the complete expulsion or extraction of a
product of conception from its mother, irrespective of the duration of pregnancy, which
after such separation, breathes or shows any other evidence of life, such as beating of
the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles,
whether or not the umbilical cord has been cut off or the placenta is still attached; each
product of such birth is considered alive. (N)

(2) A fetus with an intra-uterine life of seven (7) months or more and born alive at the
time it was completely delivered from the maternal womb but died later shall be
considered as live birth and shall be registered in the Register of Births. (22:2a)

(3) However, if the fetus had an intra-uterine life of less than seven (7) months, it is not
deemed born if it dies within twenty-four (24) hours after its complete delivery from the
maternal womb (Article 41, R.A. 386). For statistical purposes, certificate of Live Birth
shall be prepared in duplicate, a copy of which shall be forwarded to the Office of the
Civil Registrar-General and the other for the civil registrar's file. (22:3a)

Rule 19. Reglementary Period and Place of Registration. - (1) The birth of
a child shall be registered within thirty (30) days from the time of birth in the Office of the
Civil Registrar of the city municipality where the birth occurred, except in the following
cases:

a) when a child is born aboard a vehicle, vessel or airplane while in transit within
the Philippine territory and the exact place of birth cannot be ascertained, the
birth shall be recorded in the civil register of the mother's destination or the city or
municipality where the mother habitually resides;

b) when the child is born aboard a vessel or airplane en route to the Philippines
and the exact place of birth cannot be ascertained, the birth shall be recorded in
the civil register of the city or municipality where the mother habitually resides if
she is a resident of the Philippines, and if either the father or mother or both
parents are citizens of the Philippines. If the parents of the child are both
foreigners but residents of the Philippines, the birth shall be recorded in the city
or municipality where the mother habitually resides in the Philippines. If the
parents are both foreigners but not residents of the Philippines, the birth may be
recorded in the civil register of Manila, if they so desire; and

c) when the child, whose mother or father or both parents are citizens of the
Philippines, is born aboard a vessel or airplane en route to another country from
the Philippines, or from any country, the birth shall be recorded in the Philippine
Foreign Service Establishment of the country of the mother's destination. 8:2a)

11
(2) In any case under this Rule, the place of birth shall be entered in the civil register as
follows:

a) if birth occurred aboard a vehicle, indicate in the civil register as the place of
birth the name of the vehicle, route, plate number and other necessary
description of the vehicle;

b) if birth occurred aboard a vessel, indicate in the ,civil register as the place of
birth the name of the vessel, route, voyage number, registry number and other
necessary description of the vessel; and

c) if birth occurred aboard an airplane, indicate in the civil register as the place of
birth, the name of the airplane, route, flight number and other necessary
description of the airplane. (N)

Rule 20. Out-of-town Reporting of Birth. - (1) Out-of town reporting of birth
occurs when the Certificate of Live Birth is presented to the civil registrar of a city or
municipality which is not the place of birth, not for registration but to be forwarded to the
civil registrar of the city or municipality where the birth occurred and where it should be
registered. (N)

(2) The duty of accepting certificate of Live Birth for out-of-town reporting by the
concerned civil registrar may also be performed by the civil Registrar-General or by his
authorized representatives who are the Regional Administrators and Provincial
Statistical Officers of the National Statistics Office.

(3) For the purpose of out-of-town reporting of birth, the following requirements shall be
complied with by the concerned party:

a) the party who is applying for out-of-town reporting of birth shall execute an
affidavit declaring therein, among other things, the facts of birth and the reasons
why said birth was not recorded in the civil register of the city or municipality
where it occurred. The affidavit which must be attested by at least two (2)
witnesses, shall serve as an application for registration and shall be submitted to
the civil registrar together with four (4) copies of the Certificate of Live Birth;

b) if the application is for delayed registration of birth, the requirements under the
rules governing delayed registration of birth shall also be complied with;

c) the civil registrar or the authorized representative of the National Statistics


Office to whom the application for out-of town reporting is presented may require
from the applicant such other supporting papers as may be considered
necessary in establishing the facts of birth especially those pertaining to the date
and place of birth and filiation of the child whose birth is being sought for
registration;

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d) the Certificate of Live Birth, for the purpose of this Rule, shall have marginal
annotation' in the form of the following remark: "Registered pursuant to Rule 20
of Administrative Order No.1, S. 1993"; and

e) the civil registrar of the city or municipality where the out-of-town reporting is
sought, upon receipt of the certificate of Live Birth and pertinent papers, shall
proceed with the registration. He shall indicate the date when he received the
document, and shall sign over his printed name in the appropriate space in the
certificate of Live Birth. When the certificate of Live Birth has been duly recorded
and assigned a registry number, the civil registrar shall send back the original
copy to the civil registrar or the authorized representative of the National
Statistics Office who forwarded the certificate of Live Birth, who in turn shall give
the copy bearing the registry number to the registrant. (N)

Rule 21. Persons Responsible to Report the Event. - (1) When the birth
occurred in a hospital or clinic or in a similar institution, the administrator thereof shall
be responsible in causing the registration of such birth. However, it shall be the
attendant at birth who shall certify the facts of birth. (9:1a)

(2) When the birth did not occur in a hospital or clinic or in a similar institution, the
physician, nurse, midwife, "hi lot", or anybody who attended to the delivery of the child
shall be responsible both in certifying the facts of birth and causing the registration of
such birth. (9:2a)

(3) In default of the hospital/clinic administrator or attendant at birth, either or both


parents of the child shall cause the registration of the birth. (9:1a)

(4) When the birth occurs aboard a vehicle, vessel or airplane while in transit,
registration of said birth shall be a joint responsibility of the driver, captain or pilot and
the parents, as the case may be. (N)

Rule 22. Number of Copies to be Accomplished for Distribution. - It


shall be the duty of the person concerned to accomplish and send four (4) copies of the
Certificate of Live Birth to the civil registrar for registration. After the registration, the civil
registrar shall distribute copies of the document bearing the civil registry number within
five (5) days from receipt thereof as follows: first copy to the registrant; second copy to
the Office of the civil Registrar General; third copy shall be retained for his file; and
fourth copy to the attendant at birth. (N)

Rule 23. Birth Registration of Illegitimate children. (1) Children conceived


or born during the marriage of the parents are legitimate. Children conceived and born
outside a valid marriage unless otherwise provided in the Family Code are illegitimate.
(10:1a)

(2) An illegitimate child born before 3 August 1988 and acknowledged by both parents
shall principally use the surname of the father. If recognized by only one of the parents,

13
the illegitimate child shall carry the surname of the acknowledging parent. If no parent
acknowledged the child, he shall carry the surname of the mother. (10:2a)

(3) The names of the acknowledging parent is shall be indicated in the certificate of Live
Birth. (10:2a)

(4) An illegitimate child born on or after 3 August 1988 shall bear the surname of the
mother. (N)

Rule 24. Non-Disclosure of Birth Records. - (1) The records of a person's


birth shall be kept strictly confidential and no information relating thereto shall be issued
except on the request of any of the following:

a) the concerned person himself, or any person authorized by him;

b) his spouse, his parent or parents, his direct descendants, or guardian or


institution legally in-charge of him, if he is a minor;

c) the court or proper public official whenever absolutely necessary in


administrative, judicial or other official proceedings to determine the identity of
the child's parents or other circumstances surrounding his birth; and

d) in case of the person's death, the nearest of kin. (N)

(2) Any person violating the prohibition shall suffer the penalty of imprisonment of at
least two months or a fine in an amount not exceeding five hundred pesos, or both in
the discretion of the court. (Article 7, P.D. 603) (N)

Rule 25. Delayed Registration of Birth. (1)The requirements are:


a) if the person is less than eighteen (18) years old, the following shall be
required:

i) four (4) copies of the certificate of Live Birth duly accomplished and
signed by the proper parties;

ii) accomplished Affidavit for Delayed Registration at the back of the


certificate of Live Birth by the father, mother or guardian, declaring therein,
among other things, the following:

> name of child;


> date and place of birth;
> name of the father if the child is illegitimate and has been
acknowledged by him;
> if legitimate, the date and place of marriage of parents; and

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> reason for not registering the birth within thirty (30) days after the
date of birth.

In case the party seeking late registration of the birth of an illegitimate


child is not the mother, the party shall, in addition to the foregoing facts, declare
in a sworn statement the present whereabouts of the mother.

iii) any two of the following documentary evidences which may show the
name of the child, date and place of birth, and name of mother (and name
of father, if the child has been acknowledged)

> baptismal certificate;


> school records (nursery, kindergarten, or preparatory);
> income tax return of parents;
> insurance policy;
> medical records; and
> others, such as barangay captain’s certification.

iv) affidavit of two disinterested persons who might have witnessed or


known the birth of the child. (46:1aa)

b) If the person is eighteen (18) years old or above, he shall apply for late
registration of his birth and the requirements shall be:

i) all the requirements for a child who is less than eighteen (18) years old;
and

ii) Certificate of Marriage (46:1ba) if married.

(2) Delayed registration of birth, like ordinary registration made at the time of birth, shall
be filed at the Office of the Civil Registrar of the place where the birth occurred. (46:3)

(3) Upon receipt of the application for delayed registration of birth, the civil registrar shall
examine the completely and correctly filled up and all requirements complied with. (47a)

(4) In the delayed registration of the birth of an alien, travel documents showing the
origin and nationality of the parents shall be presented in addition to the requirements
mentioned in Rule 25 (1). (49:2a)

Title Three - REGISTRATION OF FOUNDLING


Rule 26. Foundling. - Foundling is a deserted or abandoned infant or a child found,
with parents, guardian, or relatives being unknown, or a child committed in an
orphanage or charitable or similar institution with unknown facts of birth and parentage.
(13:1a)

15
Rule 27. Reglementary Period and Place of Registration. (1) Registration
of the foundling in the Office of the civil Registrar of the city/municipality where the child
was found shall be made by the finder/charitable institution within thirty (30) days from
the date of finding/commitment of the child. (13:1a)

(2) Any report made after the 30-day period shall be considered late, and the concerned
party shall be required to state in a sworn statement the circumstances that caused the
late reporting to the civil registrar. (N)

Rule 28. Persons Responsible to Report the Event. (1) Immediately after
finding a foundling, the finder shall report the case to the barangay captain of the place
where the foundling was found, or to the police headquarters, whichever is nearer or
convenient to the finder. When the report is duly noted either by the barangay captain or
by the police authority, the finder shall commit the child to the care of the Department of
Social Welfare and Development or to a duly licensed orphanage or charitable or similar
institution. Upon commitment, the finder shall give to the charitable institution his copy
of the Certificate of Foundling, if he had registered the foundling. (N)

(2) In case the finder is awarded the custody of the foundling by the proper authority, he
shall give a name for the child and shall report the same to the civil registrar of the city
or municipality where the child was found. Otherwise, the giving of name to the child
and its registration as foundling shall be the responsibility of the Department of social
Welfare and Development or of the orphanage or charitable or similar institution where
the child was committed. (13:2a)

Rule 29. Requirements for Registration of Foundling. No foundling shall be


recorded in the civil register unless the following requirements are complied with:

a) certificate of Foundling (OCRG Form No. 101, Revised January 1993)


accomplished correctly and completely;

b) Affidavit of the finder stating the facts and circumstances surrounding the
finding of the child, and the fact that the foundling has been reported to the
barangay captain or to the police authority, as the case may be; and

c) Certification of the barangay captain or police authority regarding the report


made by I the finder, stating among other things, that no one has claimed the
child or no one has reported a missing child whose description may be the same
as the foundling as of the date of the certification. (N)

Rule 30. Number of Copies to be Accomplished for Distribution. - It


shall be the duty of the person concerned to accomplish and send three (3) copies of
the certificate of Foundling to the civil registrar for registration. After registration, the civil
registrar shall distribute copies of the certificate bearing the civil registry number within

16
five (5) days from receipt thereof as follows: first copy to the registrant; second copy to
the Office of the Civil Registrar General; and third copy shall be retained for his file. (N)

Title Four - REGISTRATION OF DEATH

Rule 31. Death. - (1) Death is a permanent disappearance of all evidence of life at
any time after live birth has taken place (postnatal cessation of vital functions without
capability of resuscitation). (U.N. Statistical Commission) (N).

(2) A fetus with an intra-uterine life of seven (7) months or more and born alive at the
time it was completely delivered from the maternal womb but died later shall be
considered as death and shall be registered in the Register of Deaths. (22:2a)

(3) However, a fetus with an intra-uterine life of less than seven (7) months is not
deemed born if it dies within twenty-four (24) hours after its complete delivery from the
mother's womb. For statistical purposes, a certificate of Death shall be prepared in
duplicate and a copy of each shall be forwarded to the Office of the Civil Registrar and
the Office of the Civil Registrar-General. (22:3a)

Rule 32. Reglementary Period and Place of Registration. - (1) Registration


shall be made in the Office of the civil Registrar of the city/municipality where it occurred
within thirty (30) days from the time of death. (Sec. 5, P.D. 651) (14:2a)

(2) The death of a person in a vehicle, airplane or vessel while in, transit within the
jurisdiction of the Philippines and where the exact place of death cannot be determined,
the Certificate of Death shall be issued by the health officer of the place of
burial/cremation and shall be registered in the Office of the civil Registrar of the said
city/municipality. If the place of burial/cremation is outside the Philippines, the death
shall be registered in the Office of the civil Registrar of Manila. (18:1a)

(3) When a citizen of the Philippines dies aboard a vessel or airplane en route to the
Philippines and the exact place of death cannot be ascertained, the death shall be
registered in the Office of the civil Registrar of the city or municipality where. the person
habitually resides before his death, if he was a resident of the Philippines. Otherwise,
the death shall be registered in the civil Registrar of Manila. If the deceased is a
foreigner and a resident of the Philippines, the death shall be registered in the Office of
the civil Registrar where the deceased habitually resides. If the deceased is a foreigner
and not a resident, his death shall be registered in the Office of the civil Registrar of
Manila. (N)

(4) When a citizen of the Philippines dies aboard a vessel or airplane? en route to other
country from the Philippines, or from any other country, and the exact place of death
cannot be ascertained, the death shall be reported in the Philippine Foreign Service
Establishments of the country of destination of the deceased. (N)

17
(5) The death of a person in a vehicular accident, airplane crash or shipwreck within the
jurisdiction of the Philippines and the site of the accident or the place where the victim
was found cannot be determined, the certificate of Death shall be issued by the health
officer of the place of burial and shall be registered in the Office of the civil Registrar of
the said city/municipality. (18:2a)

(6) The death of a person aboard a vessel in the high seas shall be registered in the
Office of the civil Registrar of the place of burial upon presentation of a certificate of
Death issued by the health officer of the said place, or by the ship doctor, if any;
otherwise, the ship captain shall issue and cause the registration of the death certificate.
(19:1a),

(7) If the person was buried or drowned. in the high seas, or for any other reason, the
body was not recovered, registration shall be made in the civil registry office of the place
of last known address of the deceased in the Philippines, or if not resident of the
Philippines, registration shall be made in the civil registry office of Manila. The ship
doctor or captain or the health officer, in the exercise of his wise discretion, may issue
and cause the registration of the death certificate. In such case, the following
requirements shall be complied with:

i. Affidavit of the surviving spouse, parent, guardian or next of kin in the order
mentioned stating, among other things, the circumstances surrounding the death
and

ii. The health officer shall make the annotation “Body Not Recovered” in the
remarks/ annotation box of the death certificate.(19:2a)

Rule 33. Persons Responsible to Report the Event. -


(1) It shall be the responsibility of the physician who last attended the deceased or the
administrator of the hospital or clinic where the person died to prepare the proper death
certificate and certify as to the cause of death. The death certificate shall then be
forwarded within forty-eight (48) hours after death, to the health officer who shall
examine the certificate of Death and then affix his signature in the appropriate box and
shall order its registration in the Office of the civil Registrar. (15a)

(2) It shall be the responsibility of the nearest relative or person who has knowledge of
the death to report the same within forty-eight (48) hours if the deceased died without
medical attendance. The health officer shall examine the deceased and shall certify as
to the cause of death and direct the registration of the death certificate to the Office of
the Civil Registrar within the reglementary period of thirty (30) days. (16a)

(3) Where death occurs in a vehicle/vessel/airplane, the driver/ship captain/pilot, as the


case maybe, shall report such death to the concerned health officer. In accidents where

18
there are no survivors, it is the responsibility of the owner of the vehicle/vessel/airplane
to make the report of death. (N)

(4) In the absence of a health officer or his authorized representative in the place of
registration, or when it is a non-working day and the health officer or his authorized
representative· is not expected to be in his office, the death should be reported within
forty-eight (48) hours after its occurrence by the nearest kin of the deceased or by any
person having knowledge of the death to the mayor, or to any member of the
Sangguniang Bayan, or to the municipal secretary, who shall issue the Certificate of
Death for burial Purposes. (20:1a)

(5) The mayor, any member of the Sangguniang Bayan or the municipal secretary, as
the case may be, shall sign the medical certification portion of the Certificate of Death,
and the same shall be accepted for registration by the civil registrar concerned,
provided that the certificate of Death and the Register of Deaths shall carry a remark
that registration was made pursuant to Section 91 of P.D. No. 856. (20:2a)

Rule 34. Number of Copies to be Accomplished for Distribution. - It


shall be the duty of the person concerned to accomplish and send four (4) copies of the
certificate of Death to the civil registrar for registration. After registration, the civil
registrar shall distribute copies of the document bearing the civil registry number within
five (5) days from receipt thereof as follows: first copy to the registrant; second copy to
the Office of the civil Registrar General; third copy shall be retained for filing; and fourth
copy to the attendant at death. (N)

Rule 35. Out-of-Town Reporting of Death. - (1) When registration is not


possible in the place of death and the Certificate of Death was presented to the civil
registrar of the city or municipality other than the place of death, it shall be accepted by
the civil registrar not for registration but to be forwarded to the civil registrar of the city or
municipality, where the death occurred, for registration. (21a)

(2) The duty of accepting certificate of Death for out-of-town reporting by the concerned
civil registrar may also be performed by the civil Registrar-General or by his authorized
representatives who are the Regional Administrators and Provincial Statistical Officers
of the, National Statistics Office.

(3) The following procedures and requirements shall be observed and complied with by
the concerned parties:

a) the party who is applying for registration of death shall execute an affidavit
declaring therein, among other things, the name of the deceased, the facts of
death and the reasons why said death was not recorded in the civil register of the
city or municipality where it occurred. The affidavit which must be attested to by
at least two (2) witnesses, shall serve as an application for registration and shall
be submitted to the health officer of the place where the death certificate was
presented;

19
b) if the application is for delayed registration of death, the requirements under
the rules governing the delayed registration of death shall also be complied with;

c) if there was no Certificate of Death issued for the deceased from the place of
death, the health officer of the receiving civil registry office shall cause and direct
the registration of the death by issuing the certificate of Death, if the deceased is
a civilian. If the deceased is a member of the Armed Forces of the Philippines
and the cause of death is related to military operations, the certificate of Death
shall be issued by the military physician;

d) the receiving civil registrar or the authorized representative of the National


statistics Office, after having been convinced that the certificate of Death was
correctly and completely accomplished and the registration of death was
approved by the health officer, shall forward the same to the civil registrar of the
place of death for registration. The civil registrar of the place of death shall
indicate the date when the document was received by him, and shall sign his
name in the appropriate space in the certificate of Death;

e) after recording the death in the civil register and assigning registry number in
the certificate of Death, the civil registrar of the place of death shall send one
copy to the other civil registrar for transmission to the registrant; and

f) the certificate of Death, for the purpose of this 'Rule, shall have marginal
annotation in the form of the following remark: "Registered pursuant to Rule 35 of
Administrative Order No.1. S. 1993". (N)

Rule 36. Mass Death. - Mass death occurs when several persons die due to natural
calamities, accidents, epidemics etc. Where the deceased cannot be identified, the
health officer, upon submission of an affidavit by two disinterested persons, in the
exercise of his wise discretion, may issue and cause the registration of the death
certificate bearing the annotation "Body Not Identified". The affidavit referred to in the
aforementioned statement shall contain the following information:

a) sex of the deceased;


b) estimated age;
c) distinguishing features;
d) condition of the body when found;
e) date when the body was found;
f) place where the body was found; and
g) circumstances surrounding the death. (N)

Rule 37. Death Under Medico-Legal Examination. - (1) A case of death for
investigation by the National Bureau of Investigation or other investigative agency of the
government where the body of the deceased is subject to autopsy or examination by
medico-legal officers is a case for medico-legal. (N)

20
(2) When the death under medico-legal investigation has not been registered in the
place of death, the head of the National Bureau of Investigation or of other investigative
agency or his authorized representative shall cause the registration of such death
through the health officer of the city or municipality where the death occurred. The
medico-legal officer shall accomplish and sign the medical certification of the certificate
of Death. (N)

Rule 38. Fetal Death. - (1) Fetal death is the death prior to the complete expulsion
of a product of conception, irrespective of the period of pregnancy. The death is
indicated by the fact that after such separation, the fetus does not breathe nor show any
other evidence of life, such as the beating of the heart, pulsation of the umbilical cord or
definite movement of voluntary muscles. (22:1a)

(2) The registration of fetal death shall follow the procedure in the registration of death.
(N)

Rule 39. Delayed Registration of Death. - No delayed report of death shall be


accepted for registration unless the following procedures and requirements are
observed and complied with by the concerned parties:

a) four (4) copies of Certificate of Death which must be accomplished correctly


and completely;

b) affidavit for delayed registration which shall be executed by the hospital/clinic


administrator if the person died in the hospital, clinic or similar institution, or if the
person died elsewhere, by the attendant at death. In default of the hospital/clinic
administrator or attendant at death, the affidavit shall be executed by any of the
nearest relative of the deceased, or by any person having legal charge of the
deceased when he was still alive;

c) the affidavit referred to in (b) shall state among other things, the name of the
deceased, the facts of his death, the date and place of burial or cremation, and
the circumstances why the death was not reported for registration within thirty
(30) days after death;

d) authenticated copy of the certificate of burial, cremation or of other means of


corpse disposal; and

e) approval for registration by the health officer in the box provided in the
certificate of Death. (50a)

Title Five - REGISTRATION OF MARRIAGE

21
Rule 40. Marriage. - Marriage is a special contract of permanent union between a
man and a woman entered into in accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during the marriage
within the limits provided by this Code. (Article 1, Family Code of the Philippines) (N)

Rule 41. Reglementary Period and Place of Registration. - In ordinary


marriage, the time for submission of the certificate of Marriage is within fifteen (15) days
following the solemnization of marriage while in marriage exempt from license
requirement, the prescribed period is thirty (30) days, at the place where the marriage
was solemnized. (26:2a)

Rule 42. Person Responsible to Report the Event. The solemnizing officer
has the duty to report the marriage to the Office of the civil Registrar where the marriage
was solemnized. (N)

Rule 43. Number of copies to be Accomplished for Distribution. - It shall


be the duty of the person concerned to accomplish and send four (4) copies of the
certificate of Marriage to the civil registrar for registration. After the registration, the civil
registrar shall distribute copies of the document bearing the civil registry number within
five (5) days from receipt thereof as "follows: first copy to the contracting parties; second
copy to the Office of the civil Registrar-General; third copy shall be retained for filing;
and fourth copy to the solemnizing officer. (26:1a)

Rule 44. Marriage in Transit within Philippine Territory. - A marriage


solemnized while in transit within Philippine territory is registrable at the place of
destination or usual residence of either party. (N)

Rule 45. Marriages Exempt from the License Requirement. - (1) In


marriages exempt from license requirement, the solemnizing officer in accordance with
Chapter 2 of the Family Code, shall indicate in the space provided in the Certificate of
Marriage any of the following particular provisions of the Family Code under which such
marriage was performed. The civil registrar shall enter the same in the remarks column
of the marriage register:

a) Article 27 - in case either or both of the contracting parties are at the point of
death, the marriage may be solemnized without requiring a marriage license
even if the ailing party subsequently survives;

b) Article 28 - if the residence of either party is so located that there is no means


of transportation to enable such party to appear personally before the civil
registrar, the marriage may be solemnized without the marriage license;

22
c) Article 33 - marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the marriage license,
provided that they are solemnized in accordance with their customs, rites, or
practices; or

d) Article 34 - the marriage license is not necessary for the marriage of a man
and a woman who have lived together as husband and wife for at least five years
and without any legal impediment to marry each other. (27a)

(2) In the cases mentioned in the two preceding articles (Rule 45(1), a and b), the
solemnizing officer shall state in an affidavit executed before the local civil registrar
(now civil registrar) or any other person legally authorized to administer oaths that the
marriage was performed in articulo mortis or that the residence of either party,
specifying the barrio or barangay, is so located that there is no means of transportation
to enable such party to appear personally before the civil registrar and that the officer
took the necessary steps to ascertain the ages and relationship of the contracting
parties and the absence of a legal impediment of the marriage. (Article 29, Family
Code)

(3) In the case mentioned in (d), the contracting parties shall state the fact that they
have lived together as husband and wife for at least five years and without any legal
impediment to marry each other. The solemnizing officer shall also state under oath that
he ascertained the qualifications of the contracting parties and found no legal
impediment to the marriage. (N)

(4) Legal forms for the affidavits mentioned may be found in the Certificate of Marriage.
If affidavits are executed as a separate instrument four (4) copies shall be executed and
shall be sent to the civil registrar together with the four (4) copies of marriage certificate.
(N)

Rule 46. Delayed Registration of Marriage. - (1) In delayed registration of


marriage, the solemnizing officer or the person reporting or presenting the marriage
certificate for registration shall be required to execute and file an affidavit in support
thereof, stating the exact place and date of marriage, the facts and circumstances
surrounding the marriage and the reason or cause of the delay. (53:1a)

(2) The submission of the application for marriage license bearing the date when the
marriage license was issued except for marriage exempt from marriage licenses shall
be required. (N)

(3) Where the original or duplicate copy of the certificate of Marriage could not be
presented either because it was burned, lost or destroyed, a certification issued in lieu
thereof, by the church or solemnizing officer indicating date of said marriage based on
their record or log book shall be sufficient proof of marriage and the civil registrar may
accept the same for registration. (54:1a)

23
(4) In case of doubt, the civil registrar may verify the authenticity of. the marriage
certification by checking from the church record/log book and the solemnizing officer
who performed the marriage and the church official who issued the certification. (54:2a)

Title Six - REGISTRATION OF APPLICATION FOR MARRIAGE


LICENSE
Rule 47. Reglementary Period and Place of Registration. - (1) Where a
marriage license is required, each of the contracting parties shall file separately a sworn
application for such license with the proper local civil registrar (now civil registrar) which
shall specify the following:

a) Full name of the contracting party;


b) Place of birth;
c) Age and date of birth;
d) civil status;
e) If previously married, how, when and where the previous marriage was
dissolved or annulled;
f) Present residence and citizenship;
g) Degree of relationship of the contracting parties;
h) Full name, residence and citizenship of the father;
i) Full name, residence and citizenship of the mother; and
j) Full name, residence and citizenship of the guardian or person having charge,
in case the contracting party has neither father nor mother and is under the age
of twenty-one years. (Article 11, Family Code) (N)

(2) The local civil registrar concerned shall enter all applications for marriage licenses
filed with him in a registry book strictly in the order in which the same are received. He
shall record in said book the names of the applicants, the date on which the marriage
license was issued, and such other data as may be necessary. (Article 25, Family
Code) (N)

Rule 48. Requisites of Application for Marriage License. - (1) The local
civil registrar, upon receiving such application, shall require the presentation of the
original birth certificates or, in default thereof, the baptismal certificates of the
contracting parties or copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of the documents required
by this Article (now Rule) need to be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity. (Article 12 paragraph 1, Family
Code) (N) If either of the contracting parties is unable to produce his birth or baptismal
certificate or a certified copy of either because of the destruction or loss of the original,
or if it is shown by an affidavit of such party or of any other person that such birth or
baptismal certificate has not yet been received though the same has been required of

24
the person having custody thereof at least fifteen days prior to the date of the
application, such party may furnish in lieu thereof his current residence certificate or an
instrument drawn up and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall contain the sworn
declaration of two witnesses of lawful age, setting forth the full name, residence and
citizenship of such contracting party and of his or her parents, if known, and the place
and date of birth of such party. The nearest of kin of the contracting .parties shall be
preferred as witnesses, or, in their default, persons of good reputation in the province or
the locality. (Article 12 paragraph 2, Family Code) (N) The presentation of the birth or
baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the
lawful age of said parties, as stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age. (Article 12 paragraph 3,
Family Code) (N)

(2) In case either of the contracting parties has been previously married, the applicant
shall be required to furnish, instead of the birth or baptismal certificate required in the
last preceding Article (now paragraph), the death certificate of the deceased spouse or
the judicial decree of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage, its case the death certificate cannot
be secured, the party shall make an affidavit setting forth this circumstance and his or
her actual civil status and the name and date of death of the deceased spouse. (Article
13, Family Code) (N)

(3) In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding Articles, exhibit to the local civil registrar,
the consent to their marriage of their father, mother, surviving parent or guardian, or
persons having legal charge of them, in the order mentioned. Such consent shall be
manifested in writing by the interested party, who personally appears before the proper
local civil registrar, or in the form of an affidavit made in the presence of two witnesses
and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said applications. (Article 14,
Family Code) (N)

(4) Any contracting party between the age of twenty one and twenty-five shall be
obliged to ask their parents or guardian for advice upon the intended marriage. If they
do not obtain such advice, or if it be unfavorable, the marriage license shall not be
issued till after three months following the completion of the publication of the
application thereof. A sworn statement by the contracting parties to the effect that such
advice has been sought, together with the written advice given, if any, shall be attached
to the application for marriage license. Should the parents or guardian refuse to give
any advice, this fact shall be stated in the sworn statement. (Article 15, Family Code)
(N)

25
(5) In the cases where parental consent or parental advice is needed, the party or
parties concerned shall, in addition to the requirements of the preceding Articles, attach
a certificate issued by a priest, imam or minister authorized to solemnize marriage
under Article 7 of this Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have undergone marriage
counseling. Failure to attach said certificate of marriage counseling shall suspend the
issuance of the marriage license for a period of three months from the completion of the
publication of the application. Issuance of the marriage license within the prohibited
period shall subject the issuing officer to administrative sanctions -but shall not affect
the validity of the marriage. (Article 16 paragraph 1, Family Code) (N) Should only one
of the contracting parties need parental consent or parental advice, the other party must
be present at the counseling referred to in the preceding paragraph. (Article 16
paragraph 2, Family Code) (N)

(6) The local civil registrar shall prepare a notice which shall contain the full names and
residences of the applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive days on a bulletin board
outside the office of the civil registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall request all persons having
knowledge of any impediment to the marriage to advise the civil registrar thereof. The
marriage license shall be issued after the completion of the period of publication. (Article
17, Family Code) (N)

(7) In case of any impediment known to the local civil registrar or brought to his
attention, he shall note down the particulars thereof and his findings thereon in the
application for a marriage license, but shall nonetheless issue said license after the
completion of the period of publication, unless ordered otherwise by a competent court
at his own instance or that of any interested party. No filing fee shall be charged for the
petition nor a bond required for the issuance of the order. (Article 18, Family Code) (N)

(8) When either or both of the contracting parties are citizens of a foreign country, it
shall be necessary for them before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by their respective diplomatic or
consular officials. (Article 21 paragraph 1, Family Code) (N) stateless persons or
refugees from other countries shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances showing such capacity to
contract marriage. (Article 21 paragraph 2, Family Code) (N)

(9) The local civil registrar shall require the payment of the fees prescribed by law or
regulations before the issuance of the marriage license. No other sum shall be collected
in the nature of a fee or tax of any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties, that is, those who have no visible
means of income or whose income is insufficient for their subsistence, a fact
established by their affidavit or by their oath before the local civil registrar. (Article 19,
Family Code) (N)

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(10) The license shall be valid in any part of the Philippines for a period of one hundred
twenty days from the date of issue, and shall be deemed automatically canceled at the
expiration of said period if the contracting parties have not made use of it. The expiry
date shall be stamped in bold characters on the face of every license issued. (Article 20,
Family Code) (N)

Rule 49. Number of copies to be Accomplished for Distribution. - It shall


be the duty of the contracting parties to accomplish four (4) copies of the Application for
Marriage License for registration. After the registration, the civil registrar shall distribute
copies of the document bearing the civil registry number as follows: first copy to the
registrant; second copy to the Office of the civil Registrar-General; third copy shall be
retained for his file; and fourth copy to the solemnizing officer. (N)

Title Seven - REGISTRATION OF COURT DECREE/ORDER

Rule 50. Reglementary Period and Place of Registration. - (1) In case of a


court decree/order concerning the status of a person, it shall be the duty of the clerk of
court to advise the successful petitioner to have the decree/order registered in the civil
registrar's office where the court is functioning, within ten (10) days after the decree/
order has become final. (58: 1a)

(2) If it is another person who shall register the decree other than the clerk of court, the
civil registrar shall verify if the copy of the decision is authentic. Otherwise, he shall
refuse the registration thereof. It is likewise the duty of the clerk of court which issued
the decree to ascertain whether the same has been registered, and if not, to have the
said decree recorded. (58: 1a)

(3) The civil registry office where the event of the decree/order was registered shall
forward a certified true copy of the decision to the Office of the civil Registrar where an
event affected was originally registered. The latter shall make the proper annotations in
the document and in the applicable registry book. He shall likewise send a certified true
copy of the annotated document and the registered court decree to the Office of the civil
Registrar General within ten (10) days from receipt thereof. (37:2a)

Rule 51. Adoption. - The decree of adoption shall be recorded in the civil register
within thirty (30) days after the date of issue of the final judgment of the court. If not
made within the prescribed period, registration of the same shall be considered late, in
which case, the registrant who may be the adopter, natural parents, adopted child, clerk
of court or any interested party shall execute an affidavit showing the circumstances
and reasons why the adoption was not reported for registration within the prescribed
period (N)

27
Rule 52. Number of Copies to be Submitted for Registration and
Distribution. - The registrant shall submit to the concerned civil registrar four (4)
certified true copies of the court decree of adoption. After it has been recorded in the
Register of Court Decrees/Orders and assigned a registry number, copies shall be
distributed by the' civil registrar as follows: first copy to the registrant; second copy to
the civil Registrar-General; third copy to the civil registrar of the city /municipality where
the birth of the adopted child was recorded; and the fourth copy shall be retained for his
file. (N)

Rule 53. Registration of a Decree of Adoption Issued by Foreign


Court. - A decree of adoption issued by a foreign court is acceptable for registration in
the Philippines and the same shall be registered only in the Office of the civil Registrar
of Manila. After registration, the civil Registrar of Manila shall furnish the civil registrar of
the place where the birth was originally registered (if birth was registered in the
Philippines) a certified true copy of the decree. (21 SCRA 1033) (39:1a)

Rule 54. Annotations in the Civil Register. - (1) After recording the decree of
adoption in the civil register and assigning a registry number by the civil registrar of the
city or municipality where the court issuing the decree is situated, the adopter, natural
parents of the child, adopted child, clerk of court or any interested party shall submit one
copy of said decree to the civil registrar of the city or municipality where the birth of the
adopted child was recorded for annotation in the Register of Births and for the
preparation of amended certificate of Live Birth. (38:1a)

(2) The following annotation shall be made under the column "Remarks" of the Register
of Births, along the line where the facts of birth of the adopted child are entered:
"Adopted by (state the name of the adopter) pursuant to a decree issued by (state the
name of the judge) of (state the name of the court, branch number and location) in
special proceedings number (state the case number) on (state the date of the decree)".
(N)

Rule 55. Preparation and Issuance of certificate of Live Birth of the


Adopted child. (1) The following requirements shall be complied with by the
concerned parties:

a) certification of registration of the adoption decree to be issued by the civil


registrar of the city or municipality where the adoption decree was recorded;

b) authenticated copy of the adoption decree bearing registry number and date of
registration;

c) copy of the registered certificate of Live Birth of the adopted child. If the birth of
the adopted child was not previously registered, the same should first be
recorded in the civil register with the child's natural parents under the rules
governing delayed registration of birth;

28
d) if the adopted child was a foundling, the document to be amended is his
certificate of Foundling by preparing a new certificate of Live Birth based on the
available information which may be obtained from the adopting parents, or from
reliable and competent sources;

e) the amended certificate of Live Birth shall be attached to the original certificate
of Live Birth of the child which is filed at the Office of the Civil Registrar; and

f) when the interested party requests a copy of the amended certificate of Live
Birth, the copy to be issued shall not bear the annotation or any remark that will
disclose the facts of adoption. (N)

(2) Neither entry in the original records of birth (Certificate of Live Birth and Register of
Births) of the adopted child shall be erased, canceled or changed, nor other information
be added or inserted therein. However, the adopted child shall be entitled to an
amended Certificate of Live Birth pursuant to Article 37 of Presidential Decree No. 603.
(41a)

(3) The amended Certificate of Live Birth of the adopted child which shall be prepared
and issued by the civil registrar of the city or municipality where the birth of the adopted
child was recorded, shall have the same entries as those appearing in the original
records of birth, except for the following items of information:

a) Name of the Adopted - the first name of the adopted child shall be the same
first name given in the original Certificate of Live Birth unless the decree of
adoption carried an order changing it to another name. The middle name of the
adopted child shall be the same as the middle name of the adopter, except when
the husband and the wife jointly adopted the child, in which case, the middle
name of the adopted shall be the surname of the adopting mother. The last name
of the adopted child shall be the last name of the adopter, except when the
husband and wife jointly adopted the child, in which case, the last name of the
adopted shall be the last name of the adopting father;

b) Names of Parents - the names of the natural parents of the adopted child shall
be substituted by the names of the adopting parents, his or her complete name
shall be indicated in the appropriate space in the certificate of Live Birth as the
father or the mother, as the case may be; and

c) Other Information - other information about the adopting parents such as


citizenship and religion shall be indicated in the appropriate space of the
amended certificate of Live Birth. The date and place of marriage of the adopting
parents shall be entered in the appropriate space of the amended Certificate of
Live Birth of the adopted in case the husband and wife jointly made the adoption.
Otherwise, when there is only one adopter, the entry shall be “not applicable" .
(N)

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Rule 56. Nature of Proceedings and Records. - All records, books and
papers relating to the adoption shall be kept strictly confidential subject to the provision
of Article 38, P. D. 603. (N)

Rule 57. Annulment of Marriage, Legal separation, or Declaration of


Absolute Nullity of Marriage. - (1) In case of annulment of marriage or legal
separation, the annotation in the remarks column of the Register of Marriages shall be
made indicating the name of the judge and the court which issued the decree, case
number and place and date of issue of the decree of annulment or absolute nullity or
legal separation. (28a)

(2) When the interested party requests a copy of his/her marriage certificate, a certified
true copy or a certified transcription from the Register of Marriages hearing the
annotation “annulled" or "declared null and void” or "legally separated" giving reference
to the entry number in the Register of Court Decrees shall be issued. (N)

Rule 58. Correction of Entry. - (1) No entry in the civil register shall be changed
or corrected, without judicial order. (Article 412, Civil Code) (59:1a)

(2) The correction of clerical errors of a harmless and innocuous nature shall be made
only upon the order of a competent court, example, a) name which is clearly misspelled;
b) occupation of parents; c) insertion of additional name; and d) any other entries.
(59:1a)

(3) The entry appearing in the register shall remain and the corrected entry shall be
indicated in the remarks column of the register. (N)

(4) When the interested party requests a copy of his/her record, a certified true copy or
a certified transcription bearing the annotation "Correction of Entry" giving reference to
the entry number in the Register of Court Decrees shall be issued. The certified
transcription to be issued shall bear the correction as ordered by the court. (N)

Rule 59. Change of Name. - (1) No person can change his name or surname
without judicial authority (Article 376, civil Code) (N)

(2) The name appearing in the civil register shall remain and the new name shall be
indicated in the remarks column of the same civil register. (41:a)

(3) When the interested party requests a copy of his/her record, a certified true copy or
a certified transcription bearing the annotation "Change of Name" giving reference to
the entry number in the Register of Court Decrees shall be issued. The certified
transcription to be issued shall bear the new name as per court order. (41:a)

30
Rule 60. Presumptive Death. - Presumptive death as defined by law is not
registrable. However, a judicial order or decree declaring a person presumptively dead
shall be registered. For the purpose of contracting a subsequent marriage, annotation
shall be recorded in the marriage register as well as in the marriage certificate with the
remarks as follows: (N)

"Spouse declared presumptively dead as per court decree issued by Regional Trial
Court of ____________ Branch ______________ on ________ under Case
No.__________________. "

Title Eight - REGISTRATION OF LEGAL INSTRUMENTS

Rule 61. Place of Registration. - (1) As a general rule, all legal instruments shall
be registered in the civil registry of the place where they were executed except the
following:

a) Affidavit of Reappearance - Where the parties to the subsequent marriage are


residing;

b) Marriage Settlement - where the marriage was recorded; and

c) Admission of Paternity, Acknowledgment, Legitimation, Voluntary


Emancipation of Minor, and Parental Authorization or Ratification of Artificial
Insemination - where the birth of the child was recorded. (N)

(2) All legal instruments executed abroad shall be registered in the civil registry office of
Manila. (N)

Rule 62. Number of copies to be submitted for Distribution. - It shall be


the duty of the person concerned to submit four (4) copies of the legal instrument to the
civil registrar of the city/municipality where the legal instrument was executed , except
when otherwise provided for registration. After registration, the civil registrar shall
distribute copies of the document bearing the civil registry number within five (5) days
as follows: first copy to the Office of the civil Registrar-General; second copy to the civil
registrar where the event was originally recorded; third copy to the registrant; and fourth
copy shall be retained for filing. (N)

Rule 63. Affidavit of Reappearance. - A sworn statement of the fact and


circumstances of reappearance shall be recorded in the civil registry office of the
residence of the parties to the subsequent marriage at the instance of any interested
person, with due notice to the spouses of the subsequent marriage and without
prejudice to the fact of reappearance being judicially determined in case such fact is
disputed. (Article 42, Family Code) (N)

31
Rule 64. Affidavit of Acknowledgment/Affidavit of Admission of
Paternity. - (1) It shall be the duty of the parents or parent who executed the
instrument of acknowledgment to send the original copy to the civil registrar of the
municipality where the birth of the acknowledged child was registered not later than
twenty (20) days after the execution of the instrument, for registration in the Register of
Legal Instruments and proper annotation in the Register of Births. (34a)

(2) The original family name of the child appearing in the Register of Births shall not be
erased or deleted, but in the remarks space shall be written "Acknowledged by
_____________ (name of acknowledging parents) on __________________(date)
indicating therein the full name the child, born before 3 August 1988, shall bear by virtue
of the acknowledgment, giving reference to the entry number in
the Register of Legal Instruments. (35a)

(3) When the interested party requests a copy of the birth certificate of an
acknowledged child, a certified copy of the Certificate of Live Birth bearing the
annotation Acknowledged by ____________(name of acknowledging parents)
on__________ (date) "; "Family name changed to ______________ ; and Registry
No._____ (Legal Instruments)"or a certified transcription using standard form from the
Register of Births bearing the effects of acknowledgment and likewise the remarks
"Acknowledged on ________ " shall be issued. For all those born on or after 3 August
1988, the remarks "Family name changed to ____ " is not applicable. (N)

Rule 65. Authorization or Ratification of Artificial Insemination. - (1)


Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and
his wife, provided that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument
shall be recorded in the civil register together with the birth certificate of the child.
(Article 164, Family Code) (N)

(2) The birth of the child shall be registered in the Register of Births. (N)

Rule 66. Legitimation by Subsequent Marriage of Parents. - (1)


"Legitimation" is a remedy by means of which those who in fact were not born in
wedlock and should, therefore, be considered illegitimate, are, by fiction, considered
legitimate, it being supposed that they were born when their parents were already
validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the
Philippines, Alicia V. Sempio-Diy) (N)

(2) Only 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, may be legitimated. (Article 177, Family Code) (N)

32
(3) Legitimation of children by subsequent marriage of parents shall be recorded in the
civil registry office of the place where the birth was recorded. The requirements for
registration of legitimation of illegitimate children are:

a) certificate of Marriage;
b) certificate of Live Birth of the child;
c) Acknowledgment (not required for illegitimate children born on or after 3
August 1988) ;
d) Affidavit of legitimation executed by both parents which shall contain the
following facts:

(1) the names of the parents;


(2) that at the time when the child was conceived, the aforesaid parents
could have contracted marriage, and that they subsequently contracted
marriage;
(3) the date and place when such marriage was solemnized;
(4) the name of the officer who officiated the marriage;
(5) the city or municipality where such marriage was recorded;
(6) the name of the child to be legitimated, and ,the other facts of birth;
(7) the date and place where the birth of the child was registered; and
(8) the manner by which the child was acknowledged by the parents which
may be in the child's record of birth, in a will, a statement before a court of
record, or in any authentic writing (not required for illegitimate children
born on or after 3 August 1988). (29a)

(4) For a child to be considered legitimated by subsequent marriage, it is necessary


that:

a) the parents could have legally contracted marriage at the time the child was
conceived;

b) that the child has been acknowledged by the parents before or after the
celebration of their marriage; and

c) the acknowledgment has been made with the consent of the child, if of age, or
with the approval of the court, if a minor, unless it has been made in the
certificate before a court of record, or in any authentic writing. (30a)

(5) The original family name of the child as appearing in the Register of Births shall not
be erased or deleted, but in the remarks space shall be written "Legitimated by
Subsequent Marriage" indicating the family name which the child shall bear by virtue of
the legitimation also giving reference to the entry number in the Register of Legal
Instruments. (32)

(6) When the interested party requests a copy of the birth certificate of a legitimated
child a certified copy of the Certificate of Live Birth bearing the annotation "Legitimated

33
by Subsequent Marriage on -------- (date of marriage) at --------- (place of marriage)" or a
certified transcription using standard form from the Register of Births bearing the effects
of legitimation and the same annotation indicated in the certified true copy shall be
issued. (N)

Rule 67. Option to Elect Philippine Citizenship. (1) The option to elect
Philippine citizenship in accordance with subsection (4) Section 1, Article IV, of the
Constitution shall be expressed in a statement to be signed and sworn by the party
concerned before any officer authorized to administer oaths, and shall be filed with the
nearest civil registry. The said party shall accompany the aforesaid statement with the
oath of allegiance to the Constitution and the Government of the Philippines. (Section 1,
C.A. No. 625) (N)

(2) The instrument of an option to elect Philippine citizenship shall be registered at the
Office of the civil Registrar of the city/municipality where the instrument was executed
not later than thirty (30) days from the date of execution and upon payment of the
required fee of ten pesos (P 10.00) and other required fees. (43:1a)

(3) After registration of the instrument of election, the civil registrar shall furnish the
Office of the civil Registrar-General and the Solicitor General a copy of each of the
document. (43:2a)

(4) Only legitimate children of an alien father and a Filipino mother at the time of
marriage to her alien husband are entitled to elect Philippine citizenship under the 1935
Constitution of the Philippines and Commonwealth Act No. 625 upon attaining the age
of majority. (Op. No,. 387, Series 1951) (44:1)

(5) Under the 1973 Constitution, those whose fathers or mothers are citizens of the
Philippines are considered Filipinos and shall no longer elect Philippine citizenship upon
attaining the age of majority. However, this applies only to persons born on or after
January 17, 1973. (44:2)

(6) Election of the Philippine citizenship executed, subscribed and sworn to before the
Philippine Embassy and Consular Officer abroad, together with his oath of allegiance,
shall be registered in the Office of the civil Registrar of Manila. (Section 2, C.A. No. 625)
(45a)

Rule 68. Repatriation. - (1) The instrument of repatriation and the oath of
allegiance to the Constitution and the Government of the Philippines shall be filed in the
Office of the civil Registrar of the city/municipality where the instrument was executed.
However, if the Philippine citizenship is re-acquired by naturalization, the order of the
court granting citizenship shall be recorded in the Register of Court Decrees/Orders
following the rules of registration of court decrees. (42:1a)

(2) When the party requests a certified true copy of the legal instrument registered, a
certified copy' shall be issued upon payment of fees prescribed by laws. (N)

34
Title Nine - PENAL PROVISIONS

Rule 69. Violations of Act No. 3753. - (1) Any person who shall knowingly make
false statements in the forms furnished and shall present the same for entry in the civil
register, shall be punished by imprisonment for not less than one month nor more than
six, or by a fine of not less than two hundred pesos nor more than five hundred, or both,
in the discretion of the court. (Section 16) (64)

(2) Any person whose duty is to report any fact concerning the civil status of persons
and who knowingly fails to perform such duty, and any person convicted of having
violated any of the provisions of Act 3753, shall be punished by a fine of not less than
ten nor more than two hundred pesos. (Section 17) (66)

(3) Any local civil registrar (now civil registrar) who fails properly to perform his duties in
accordance with the provisions of this Act and of the regulation issued hereunder, shall
be punished, for the first offense, by an administrative fine in a sum equal to his salary
for not less than fifteen days nor more than three months, and for a second or repeated
offense, by removal from the service. (Section 18) (67a)

Rule 70. Violations of Act 3613. - (1) Any municipal secretary or clerk of the
Municipal Court of Manila who issues a marriage license to a person entitled thereto or
fails to issue the same within twenty-four hours after the time when, according to law, it
was proper to issue the same, shall be punished by imprisonment for not less than one
month nor more than two years, or by a fine of not less than two hundred pesos nor
more than two thousand pesos. (Section 38) (N)

(2) Any priest or minister solemnizing marriage without being authorized by the Director
of the Bureau of Public Libraries (now by the Civil Registrar-General) or who upon
solemnizing marriage, refuses to exhibit his authorization in force when called upon to
do so by the parties or parents, grandparents, guardians, or persons having charge; and
any bishop or officer, priest, or minister of any church, religion or sect the regulations
and practices whereof require banns or publications previous to the solemnization of
marriage in accordance with section 10 who authorized the immediate solemnization of
a marriage that is subsequently declared illegal, or any officer, priest or minister
solemnizing marriage in violation of the provisions of this Act, shall be punished by
imprisonment of not less than one month nor more than two years, or by a fine of not
less than two hundred pesos nor more than two thousand pesos. (Section 39) (N)

(3) Any officer, minister or priest, solemnizing marriage in a place other than those
authorized by this Act, shall be punished by a fine of not less than twenty-five pesos nor
more than three hundred pesos, or by imprisonment of not more than one month, or
both, in the discretion of the court. (Section 40) (N)

35
(4) Any officer, priest, or minister failing to deliver to either of the contracting parties one
of the copies of the marriage contract (now Certificate of Marriage) or to forward the
other copy to the authorities within the period fixed by law for said purpose, shall be
punished by imprisonment of not more than one month, or by a fine of not more than
three hundred pesos, or both, in the discretion of the court. (Section 41) (N)

(5) Any officer, priest, or minister who, having solemnized a marriage "in articulo mortis"
or any other marriage of an exceptional character (now marriage exempt from license
requirement), fails to comply with the provisions of Chapter II of this Act, shall be
punished by imprisonment of not less than one month nor more than two years, or a fine
of not less than three hundred pesos nor more than two thousand pesos, or both, in the
discretion of the court. (Section 42) (N)

(6) Any priest or minister of the gospel of any denomination, church, sect, or religion
convicted for violation of any of the provisions of this Act, or of any crime involving moral
turpitude shall, in addition to the penalties incurred in each case, be disqualified to
solemnize marriage for a period of not less than six months nor more than six years at
the discretion of the court. (Section 45) (N)

Rule 71. violation of C.A. No. 625. - The penalty of prision correccional, or a fine
not exceeding ten thousand pesos, or both, shall be imposed on anyone found guilty of
fraud or falsehood in making the statement prescribed for the registration of option to
elect Philippine citizenship. (Section 4 CA No. 625) (65a)

Rule 72. violation of Family Code. - An irregularity in the formal requisites of


marriage (Authority of Solemnizing Officers, marriage license, marriage ceremony) shall
not affect the validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable. (Article 4, paragraph 3,
Family Code of the Philippines) (N)

Title Ten – FINAL PROVISIONS

Rule 73. Civil Registry Law Coverage. - The provisions of the Civil Registry
Law,Act No. 3753, and of the special laws having reference to the civil registry shall
govern any and/or other matters not herein provided. (68)

Rule 74. Repealing Clause. - All previous rules and regulations, orders,
memoranda or circulars issued by the Civil Registrar-General not inconsistent with
these rules and regulations shall continue to be in full force and effect, otherwise, the
same shall be deemed repealed or modified accordingly. (69)

36
Rule 75. Effectivity Clause. These rules and regulations shall take effect
fifteen(15) days after publication in the Official Gazette. (N)

Done in the city of Manila, Philippines, this 18th day of December, 1992.

Tomas P. Africa
Administrator and
Civil Registrar-General

Approved:

By authority of the President:

EDELMIRO A . AMANTE
Executive Secretary

37
APPENDIX 1

38
Certificate of Live Birth

39
40
Certificate of Foundling

41
Certificate of Death

42
43
Certificate of Fetal Death

44
45
Certificate of Marriage

46
47
Application for Marriage License

48
APPENDIX 2

49
Civil Registry Form No. 1A (Birth-available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_____________________, 19______

TO WHOM IT MAY CONCERN:

We certify that, among others, the following facts of birth


appear in our Register of Births on page _________ of book number
_____________.

Registry number : ________________________________


Date of registration : ________________________________
Name of child : ________________________________
Sex : ________________________________
Date of birth : ________________________________
Place of birth : ________________________________
Name of mother : ________________________________
Citizenship of mother : ________________________________
Name of father : ________________________________
Citizenship of father : ________________________________
Date of marriage of parents : ________________________________
Place of marriage of parents : ________________________________
This certification is issued to _________________________________
upon his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certification.

50
Civil Registry Form No. 1B (Birth-not available)
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

__________________, 19_____

TO WHOM IT MAY CONCERN:

We certify that this office has no record of birth of


__________________________, who is alleged to have been born on
_______________________ in this city/municipality, of parents
___________________________________ and _________________________________.
Hence, we cannot issue, as requested, a true copy of his/her Certificate of
Live Birth or transcription from the Register of Births.

We also certify that the records of births for the year __________ are
still intact in the archives of this office.

This certification is issued to ______________________________________


upon his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid:_____________
O.R. Number:_____________
Date Paid :_____________

Note:A mark, erasure or alteration of any entry invalidates this


certification.

51
Civil Registry Form No. 1C (Birth-destroyed)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

________________, 19________

TO WHOM IT MAY CONCERN:

We certify that the records of births filed in the archives of this


office include those which were registered from __________ to present.
However, the records of births during the period ____________ to ____________
were totally destroyed by ___________________. Hence we cannot issue as
requested a true transcription from the Register of Births or true copy of the
certificate of Live Birth of ___________________________________________, who
is alleged to have been born on ____________________ in this city/municipality
of parents ___________________________ and _____________________________.

We also certify that for every registered birth, this office submits a
copy of the Certificate of Live Birth to the office of the Civil Registrar-
General,National Statistics Office, R. Magsaysay Blvd., Sta. Mesa, Manila. In
view of this, the interested party is hereby advised to make further
verification in the archives of that office.
This certification is issued to __________________________________ upon
his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid:___________
O.R. Number:___________
Date Paid :___________

Note: A mark, erasure or alteration of any entry invalidates this


certification

52
Civil Registry Form No. 2A (Death-available)
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

________________, 19_______

TO WHOM IT MAY CONCERN:

We certify that, among others, the following facts of death appear in


our Register of Death on page _________ of book number ____________.

Registry number : __________________________


Date of registration : __________________________

Name of the deceased : __________________________

Sex : __________________________

Age : __________________________

Civil Status : __________________________

Citizenship : __________________________

Date of death : __________________________

Place of death : __________________________

Cause of death : __________________________

This certification is issued to _____________________________________________


upon his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: _____________


O.R. Number: _____________
Date Paid : _____________

Note: A mark,erasure or alteration of any entry invalidates this certification

53
Civil Registry Form No. 2B (Death-not available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_______________, 19________

TO WHOM IT MAY CONCERN:

We certify that this office has no record of death of


_________________________________________________________ who is alleged to
have died on ______________________________________ in this city/municipality.
Hence, we cannot issue, as requested, a true copy of his/her certificate of
Death or transcription from the Register of Death.

We also certify that the records of deaths for the year ___________ are
still intact in the archives of this office.

This certification is issued to _______________________________________


upon his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certification.

54
Civil Registry Form No. 2C (Death-destroyed)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

__________________, 19_______

TO WHOM IT MAY CONCERN:

We certify that the records of deaths filed in the archives of this


office includes those which were registered from _____________ to present.
However, the records of deaths during the period ______________ to
____________ were totally destroyed by ________________________. Hence, we
cannot issue as requested, a true transcription from the Register of Deaths or
true copy of the Certificate of Death of
______________________________________________, who is alleged to have died on
______________________________ in this City/Municipality.

We also certify that for every registered death, this office submits a
copy of the Certificate of Death to the office of the Civil Registrar-General,
National Statistics Office, R. Magsaysay Blvd., Sta Mesa, Manila. In view of
this, the interested party is hereby advised to make further verification in
the archive of that Office.

This certification is issued to ________________________________________


upon his/her request.

Name and Signature Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this certificate.

55
Civil Registry Form No. 3A (Marriage-available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_________________,19 ________

TO WHOM IT MAY CONCERN:

We certify that, among others, the following facts of marriage appear in our
Register of Marriage on page __________ of book number_______________.

Husband Wife
Name : ______________________ : ______________________
Date of birth/Age : ______________________ : ______________________
Citizenship : ______________________ : ______________________
Civil Status : ______________________ : ______________________
Mother : ______________________ : ______________________
Father : ______________________ : ______________________

Registry number : _____________________________________


Date of registration : _____________________________________
Date of Marriage : _____________________________________
Place of Marriage : _____________________________________

This certification is issued to __________________________________________


upon his/her request.

Name and Signature of Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: _________


O.R. Number: _________
Date Paid : _________

Note: A mark, erasure or alteration of any entry invalidates this certificate.

56
Civil Registry Form No. 3B (Marriage-not available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_______________________, 19 ______

TO WHOM IT MAY CONCERN:

We certify that this Office has no record of marriage


between _______________________ and ___________________________,
who are alleged to have been married on ______________________ in
this city/municipality. Hence, we cannot issue, as requested, a
true copy of Certificate of Marriage or transcription from the
Register of Marriages.

We also certify that the records of marriages for the year


_________ are still intact in the archives of this Office.

This certification is issued to ____________________________


upon his/her request.

Name and Signature Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certificate.

57
Civil Registry Form No. 3C (Marriage-destroyed)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_______________________, 19 ______

TO WHOM IT MAY CONCERN:

We certify that the records of marriages filed in the archives of


this Office include those which were registered from ______________ to
present. However, the records of marriages during the period
_____________ to _______________ were totally destroyed by
_______________________. Hence, we cannot issue as requested, a true
transcription from the Register of Marriages or true copy of the
Certificate of Marriage between ______________________ and
____________________, who are alleged to have been married on
_________________________ in this city/municipality.

We also certify that for every registered marriage, this Office


submits a copy of the Certificate of Marriage to the Office of the
Civil Registrar-General, National Statistics office, R. Magsaysay
Blvd., Sta. Mesa, Manila. In view of this, the interested party is
hereby advised to make further verification in the archives of that
office.

This certification is issued to _____________________________


upon his/her request.

Name and Signature Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certificate.

58
Civil Registry Form No. 4A (Application for marriage license-available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_____________________, 19______

TO WHOM IT MAY CONCERN:

We certify that, among others, the following facts of application


for marriage license appear in our Register of applications for
Marriage License on page _______ of book number ____________.

Man Woman
Name of applicant : _________________ : ________________
Date of birth/Age : _________________ : ________________
Residence : _________________ : ________________
Citizenship : _________________ : ________________
Civil Status : _________________ : ________________
Mother : _________________ : ________________
Father : _________________ : ________________
Registry Number : _________________________________
Date of Registration : _________________________________
Date of issuance of : _________________________________
marriage license

Marriage license : _________________________________


number

This certification is issued to _________________________________


upon his/her request.

Name and Signature of Civil Registrar


Designation
Verified by:
Name and Signature
Position

Amount Paid : ___________


O.R. Number : ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certification.

59
Civil Registry Form No. 4B (Application for marriage license-not
available)

Republic of the Philippines


OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_______________________, 19 ______

TO WHOM IT MAY CONCERN:

We certify that this Office has no record of application for


marriage license of _________________________________________ and
_____________________________________, who are alleged to have
applied on __________________________________ in this
city/municipality. Hence, we cannot issue, as requested, a true
copy of the Application for Marriage License or transcription
from the Register of Applications for Marriage License.

We also certify that the records of applications for


marriage license for the year ______ are still intact in the
archives of this Office.

This certification is issued to ____________________________


upon his/her request.

Name and Signature Civil Registrar


Designation

Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certificate.

60
Civil Registry Form No. 4C (Application for marriage license-
destroyed)
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR
City/Municipality, Province

_______________________, 19 ______

TO WHOM IT MAY CONCERN:

We certify that the records of applications for marriage license


filed in the archives of this Office include those which were
registered from _______________ to present. However, such records
during the period __________ to ____________ were totally destroyed by
_________________. Hence, we cannot issue as requested, a true
transcription from the Register of Applications for Marriage License
or true copy of such document of __________________________ and
_____________________________, who are alleged to have applied on
______________________________ in this city/municipality.
We also certify that for every registered application for
marriage license, this Office submits a copy to the Office of the
Civil Registrar-General, National Statistics Office, R. Magsaysay
Blvd., Sta. Mesa, Manila. In view of this, the interested party is
hereby advised to make further verification in the archives of that
Office.
This certification is issued to ________________________________
upon his/her request.

Name and Signature Civil Registrar


Designation
Verified by:

Name and Signature


Position

Amount Paid: ___________


O.R. Number: ___________
Date Paid : ___________

Note: A mark, erasure or alteration of any entry invalidates this


certificate.

61