Transcript
* PHl.IPPINE STA11STIC$ ~IITHORITYCRCSO-CentraI Support '''4ceSGeneralSe~ Oivision-GASS
RECOD NITR,celved by __ ~-=--=-=-=-_Date APREpUBLIC OF THE PHILIPPINES
PHILIPPINE STATISTICS AUTHORITYPSA-ONS-15-04B
Ref. No. 1SCSS06-0B2
MEMORANDUM CIRCULAR 2015- 05
TO ALL INTERIM REGIONAL DIRECTORS (IRRDs)/PROVINCIALSTATISTICS OFFICERS (PSOs) / OFFICERS-IN-CHARGE(OICs) / CITY/MUNICIPAL CIVIL REGISTRARS (CC/MCRs)
SUBJECT Processing of Civil Registry Documents related to CRD OMNo. 2013-04 and MC 2012-05 where the Signature of theJudge Does not Appear in the Decision but Stamped as1I0rigina/ Signed" and/or Certificate of Finality cannot beissued because all Records of the Court are either Lost orDestroyed
It was observed that the judge usually signed the original copy of the decision,while the rest are stamped as "original signed". Further the certificate of finalitycannot be secured because the court was destroyed by fire. Hence, the party cannotcomply with the requirements of signed decision and certificate of finality.
Under Rule 130 Sec. 5 of the Rules of Court:
"When original document is unavailable - When the original document hasbeen lost or destroyed, or cannot be produced in court, the offeror, uponproof of its execution or existence and the cause of its unavailabilitywithout bad faith on his part, may prove its contents by a copy, or by arecital of its contents in some authentic, or by the testimony of witnessesin the order stated. "
The authenticity of the contents of the document may be proven by competentevidence other than the document itself, provided that the offeror may establish itsdue execution and its subsequent loss or destruction.
Likewise, under Rule 50 (3) of Administrative Order No. 1, Series of 1993provides that:
"The civil registry office where the event of the decree/order wasregistered shall forward a certified true copy of the decision to the office ofthe Civil Registrar where an event affected was originally registered. Thelatter shall make the proper annotations in the document and in theapplicable registry book. He shall likewise send a certified true copy of theannotated document and the registered court decree to the Office of theCivil Registrar General within ten (10) days from receipt thereof"
3JF CVEA Building, Philippine Statistics Authority, East Ave., vuezon I...rP.O. Box 779, Manila, Philippines. Telephone: (632) 4626600 Loc. 82:
If a certification was issued by the civil registry office where the event of thedecree/order was registered that a copy of the decision with stamped "originalsigned" by the Judge was received by their office and that the same wasrecorded and registered in the registry book, there is a presumption ofregularity that the registration of decision become a public document andtherefore are prima facie evidence of the facts stated therein.
After the decision was certified by the Civil Registrar as above mentioned, a. certification issued by the court that decided the case shall bepresented/produced to prove that a certificate of finality could not be providedbecause the records of the court were all destroyed either by fire or othersimilar incidents.
Thus, this Memorandum is issued to allow the processing of civil registrydocuments for annotation provided the same is in consonance of thepreceding rules provided by law.
For your guidance.
~5i~/()6.~LlSA GRACEs. BERSALES, Ph.D.National Statistician and Civil Registrar General
March 31,2015
MCPIBLMr(
top related