Republic of the Philippines OFFICE OF THE CIVIL REGISTRAR GENERAL National Statistics Office Manila R.A. 9858 NSO – NCR 3
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila
R.A. 9858 NSO – NCR 3
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2010
Subject: RULES AND REGULATIONS
GOVERNING THE IMPLEMENTATION OF REPUBLIC
ACT NO. 9858 (An Act Providing for the Legitimation of
Children Born to Parents Below Marrying Age, Amending
for the Purpose the Family Code of the Philippines, as
Amended).
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“Art. 177. Children conceived and born
outside of wedlock of parents who, at the time
of the conception of the former, were not
disqualified by any impediment to marry each
other, or were so disqualified only because
either or both of them were below eighteen
(18) years of age, may be legitimated.”
Section 1 of Republic Act (R.A.) No. 9858 further
amended Article 177 of Executive Order No. 209, otherwise
known as the Family Code of the Philippines, to read as
follows:
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Commonwealth Act 591 mandates the National Statistics
Office (NSO) through the Office of the Civil Registrar General
(OCRG) to carry out and administer the provisions of Act No.
3753 otherwise known as the “ Civil Registry Law”.
Section 8 of Act No. 3753 provides for the registration
of legitimation by subsequent marriage of parents in the civil
register.
Pursuant to Section 2 of R.A. 9858, the following rules
are hereby adopted.
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Rule 1. Coverage
These rules shall apply to all children conceived and born
outside of marriage of parents who, at the time of conception of
the child, were not disqualified by any impediment to marry each
other, or were so disqualified only because either or both of them
were below eighteen (18) years of age.
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Rule 2. Definition of Terms
As used in these rules, the following terms shall mean:
2.1 Legitimation- is a process where a child born out of
wedlock is considered legitimate by fiction of law due to
the subsequent valid marriage of his/her parents.
2.2 Minor parent- a person under 18 years old who has a
child.
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2.3 Legal impediment- refers to all causes and
circumstances that may render the marriage void under
the Family Code of the Philippines such as:
a. prior existing marriage;
b. those contracted by any party below 18 yrs. of age
even with the consent of parents or guardians;
c. those solemnized by any person not legally
authorized to perform marriage unless such
marriage were contracted with either or both
parties believing in good faith that the solemnizing
officer had the legal authority to do so;
d. those solemnized without a license, bigamous or
polygamous marriages not falling under Article 41;
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e. those contracted through mistake of one contracting
party as to the identity of the other; and
f. Those subsequent marriages that are void under
Article 53.
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Rule 3. Requisites for Legitimation
Before a child may be legitimated, the following shall be
established:
3.1 The parents are not disqualified to marry each other
by any legal impediment at the time of conception of the
child, or are so disqualified because either or both of them
is/are minor parent/s;
3.2 The child is conceived an born outside a valid
marriage.
3.3 The parents subsequently enter into a valid marriage.
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Rule 4. Affidavit of Legitimation
4.3 Who shall execute
4.1.1 Both parents shall execute a Joint Affidavit
of legitimation; and
4.1.2 The surviving parent in case one of the
parents dies or is presumed dead shall execute an
Affidavit of Legitimation;
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In case where both parents died without executing any
Affidavit of Legitimation, the child, if of age, may file a
petition for legitimation in court. If the child is a minor,
the judicially appointed guardian or by persons authorized
by law to exercise substitute parental authority as
enumerated under Article 216 of the Family Code of the
Philippines may file the petition in court.
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4.2 Contents of the Affidavit of Legitimation
The Affidavit of Legitimation shall contain the
following:
4.2.1 the names of the parents and place of
residence;
4.2.2 the date and place when such marriage was
solemnized;
4.2.3 the name of the officer who officiated the
marriage;
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4.2.4 the name of the child to be legitimated;
4.2.5 the name and place where the child was born;
4.2.6 a statement that at the time when the child was
conceived, the aforesaid parents were not
disqualified by any impediment to marry each other
except age, and that they subsequently entered into a
valid marriage; and
4.2.7 a statement that by virtue of the subsequent
marriage, the said child in now legitimated.
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Rule 5. Registration Procedures
5.1 Who shall Register
The following shall register the Affidavit of
Legitimation:
5.1.1 The father and/or mother of the child to be
legitimated;
5.1.2 The child if of age; or
5.1.3 Any person authorized by the above or by
law as provided by Article 216 of the Family Code.
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5.2 What to Register
The Affidavit of Legitimation shall be registered.
It shall be supported by the following documents:
a. Certified True Copy (CTC) of the Certificate of
Live Birth of the child;
b. CTC of the Certificate of Marriage of Parents;
c. Certificate of No Marriage of both parents;
d. Death Certificate of the deceased parent/s in
case of death of either parent; and
e. Court order of the presumptive death, in case
one of the parents is presumed dead.
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5.3 When to Register
The affidavit of Legitimation shall be registered
within thirty (30) days from the date of execution.
5.4 Where to Register
5.4.1 The Affidavit of Legitimation executed
within the Philippines shall be registered at the
Local Civil Registry Office (LCRO) where the
child was born, if the birth occurred in the
Philippines.
5.4.2 The Affidavit of Legitimation executed
within the Philippines shall be registered at the
City Civil Registrar (CCR) of Manila, if the
birth occurred outside the Philippines.
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5.4.3 The Affidavit of Legitimation executed
outside the Philippines, whether the birth occurred
within or outside the Philippines, shall be
authenticated by the Consul General of his/her
representative in the nearest Philippine Consulate
General or Embassy which has jurisdiction over the
place where one of both of the parents reside. The
CCR of Manila shall register the authenticated
Affidavit of Legitimation.
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Rule 6. Effects of Legitimation
6.1 The effects of legitimation shall retroact at the time
of the birth of the child. The child shall enjoy the
same rights as legitimate children. (Article 174 of
the Family Code of the Philippines)
6.2 The annulment of a voidable marriage shall not
affect the legitimation (Article 178 of the Family
Code of the Philippines)
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6.3 The Certificate of Live Birth (COLB) and Register
of Births shall be annotated as follows:
6.3.1 If the birth was registered using the
surname of the father
“Legitimated by subsequent marriage of
parents < Name of Father> and <Name of
Mother> on <Date of Marriage> at <Place
of Marriage> under <Registry Number of
the Affidavit of Legitimation>”
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6.3.2 If the birth was registered using the
surname of the mother:
“Legitimated by subsequent marriage of
parents < Name of Father> and <Name
of Mother> on <Date of Marriage> at
<Place of Marriage> under <Registry
Number of the Affidavit of
Legitimation>. The child shall be
known as <Name of the Child by virtue
of the legitimation>”.
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Rule 7.Issuance of Certified Copy of Certificate of Live
Birth (COLB) and Certified Transcription from
the Register of Birth (LCR Form 1A)
7.1 No entry in the original copy of the COLB shall be
changed when a certified true copy is issued. It shall
only bear the annotation as provided under Rule 6.3
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7.2 The certified transcription (LCR Form 1A) from the
Register of Births issued shall bear the following effects:
a. The last name of the child shall be changed to the
surname of the father;
b. The middle name of the child shall be the maiden
surname of the mother;
c. The name of the father and other relevant information,
if not indicated in the COLB shall be entered;
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d. The entry on the date and place of marriage shall be
entered;
The annotation “Legitimated by subsequent marriage of
parents under Registry Number <Registry Number of
the Affidavit of Legitimation> shall appear on the
Remarks space.
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Rule 8. Processing of Documents at the Local Civil Registry
Office (LCRO)
8.1 For births occurring in the Philippines and the
Affidavit of Legitimation executed in the
Philippines
8.1.1 The City/Municipal Civil Registrar
(C/MCR) shall examine the Affidavit of
Legitimation and the supporting documents for
authenticity, completeness and consistency;
8.1.2 The C/MCR shall register the Affidavit of
Legitimation in the Registry of Legal Instruments;
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8.1.3 The C/MCR shall annotate the COLB and the
Register of Births;
8.1.4 The C/MCR shall issue a certified copy of
COLB or certified transcription (LCR Form 1A) with
annotations and/or Affidavit of Legitimation upon
request of authorized persons (Section 7, Presidential
Decree 603;
8.1.5 The C/MCR shall send to OCRG certified
copy of the folowing:
a. Annotated COLB;
b. COLB without annotation, if available;
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c. Affidavit of Legitimation;
d. Certificate of Registration of the Affidavit of
Legitimation;
e. Certificate of Marriage; and
f. Other supporting documents as applicable such as
Certificate of Death; Divorce, Declaration of Nullity, etc.
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8.2 For births occurring in the Philippines and the
Affidavit of Legitimation executed outside the
Philippines
8.2.1 The affidavit of Legitimation shall be
authenticated by the Consul General or his/her
representative in the nearest Philippine Consulate
General or embassy which has jurisdiction over the
place where one of both of the parents reside.
8.2.2 The CCR of Manila shall examine the
Affidavit of Legitimation and the supporting
documents for authenticity, completeness and
consistency;
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8.2.3 The CCR of Manila shall register the
authenticated Affidavit of Legitimation together with
the supporting documents as mentioned in 5.2;
8.2.4 The CCR of Manila shall forward a copy of
the Affidavit of Legitimation and supporting
documents as mentioned in 5.2 to the C/MCR where
the birth was registered;
8.2.5 The C/MCR where the birth was registered
shall annotate the COLB and the Register of Births;
8.2.6 The C/MCR where the birth was registered
shall issue a certified copy of COLB or certified
transcription (LCR Form 1A) with annotations upon
request of authorized persons (Section 7, Presidential
Decree 603);
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8.2.7 The C/MCR where the birth was
registered shall send to OCRG certified copy of
the following:
a. Annotated COLB;
b. COLB without annotation, if available
c. Affidavit of Legitimation;
d. Certificate of Registration of the Affidavit of
Legitimation;
e. Certificate of Marriage; and
f. Other supporting documents as applicable
such as Certificate of Death, Divorce,
Declaration of Nullity, etc.
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8.3 For births occurring outside the Philippines and
the Affidavit of Legitimation executed in
the Philippines
8.3.1 The CCR of Manila shall register the
Affidavit of Legititmation together with the
supporting documents as mentioned in Rule
5.2.
8.3.2 The CCR of Manila shall forward a copy of
the Affidavit of Legitimation and supporting
documents to the OCRG.
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8.4 For births occurring outside the Philippines
and the Affidavit of Legitimation executed
outside the Philippines
8.4.1 The affidavit of Legitimation shall be
authenticated by the Consul General or his/her
representative in the nearest Philippine Consulate
General or Embassy which has jurisdiction over
the place where one or both of the parents reside;
8.4.2 The CCR of Manila shall examine the
Affidavit of Legitimation and the supporting
documents for authenticity, completeness and
consistency’
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8.4.3 The CCR of Manila shall register the
authenticated Affidavit of Legitimation together
with the supporting documents as mentioned in
Rule 5.2;
8.4.4 The CCR of Manila shall forward a copy of
the Affidavit of Legitimation and supporting
documents to the OCRG.
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Rule 9. Processing of Documents at the OCRG
9.1 The OCRG shall examine the annotated COLB,
Affidavit of Legitimation and all supporting documents
submitted for authenticity and consistency;
9.2 The OCRG shall annotate Report of Births
following Rule 6.3;
9.3 The OCRG shall file the documents submitted by
C/MCRs in its archives; and
9.4 The OCRG shall issue a certified copy of the
annotated COLB and/or Affidavit of Legitimation upon
request of authorized persons (Section 7, Presidential
Decree 603).
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Rule 10. Retroactivity Clause
These rules shall have retroactive effect for all births
occurring within or outside the Philippines after the
effectivity of the Family Code.
Rule 11. Separability Clause
If any portion or provision of this Implementing Rules and
Regulations is declared void or unconstitutional, the remaining
portions thereof shall not be affected by such declaration.
Rule 12. Repealing Clause
All circulars, memoranda, rules and regulations or parts
thereof inconsistent with the provisions of these rules are hereby
repealed or modified accordingly.
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Rule 13. Effectivity
These rules shall take effect 15 days after its publication
in a newspaper of general circulation in the Philippines.
Approved this 26th day of October 2010.
Signed: CARMELITA N. ERICTA
Civil Registrar General
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THANK YOU
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