National Capital Region — Civil Registration News

Metro Registrars Training On New Civil Registry Forms Held A two-day training on the accomplishment of new civil registry forms intended for Metro Manila Civil Registrars and personnel was recently conducted on April 23 and 24, 2009 at the National Statistics Office-NCR Regional Office in Sta. Mesa Manila. A total of 38 City Civil Registrars and Civil Registry Personnel from Metro Manila have attended the said training. The City Civil Registrars who participated include Elnora L. Espiritu of Parañaque City, Teodora D. Coranado of Marikina City, Josephine C. Copada of Makati City, Eloisa C. Castillo of Taguig City, Antonio S. Dilla of San Juan City, and Wilfredo Oliva of Pateros. Other City Civil Registrars were represented by their assistants.

Acting as trainers from NSO were Dorotea Lilia R. Nuesca, Chief of the Civil Registry and Information Management Division; Belen Razo, Provincial Statistics Officer, NCR I (Manila), Ma. Francia Nepomuceno, Provincial Statistics Officer, NCR IV (CAMANAVA) and Ledesma Morante, OIC of NSO - CRD Vital Statistics Division. NSO - NCR, OIC Regional Director Lourdes V. Homecillo welcomed the participants and thanked them for responding to her invitation. Civil Registrar General Carmelita N. Ericta joined the participants during the closing ceremonies. She informed the participants that the Manual of Instruction is the result of the previous Workshop Seminar on Civil Registration wherein the issues and recommendation of the civil registrars were considered. She encouraged the participants to continue learning and cascade their knowledge to all users of civil registry documents.

The need to revise the civil registry forms is necessary in order to uphold the integrity and accuracy of information contained therein and to address the problems encountered in accomplishing the old forms.

OIC-Regional Director Lourdes V. Homecillo delivers the opening remarks.

Participants and NSO Officials of the 3rd Level Training on Manual of Instructions on the Revised Civil Registry Forms with Civil Registrar General Carmelita N. Ericta

W H A T ’ S I N S I D E ?

S.O. Watch: NCR Revokes Solemnizing Officer’s Authority

Mailbox: On Reporting of Fetal Death Frequently Asked Questions Court grants XXX “married” women, single status NSO consulted on IRR of the New Adoption Law Do your Grandparents’ records exist at NSO Archives NSO joins Makati Jobs Fair

The Official Newsletter of the National Statistics Office The Official Newsletter of the National Statistics Office National Capital Region on Civil RegistrationNational Capital Region on Civil Registration

(Volume No. 1, Issue No. 1) August 2009

6th

Solemnizing Officers Confab held in Manila The 6

th National Convention of Solemnizing Officers

organized by the National Statistics Office was held on August 4 to 6, 2009 at the SMX Convention Center, Mall of Asia Pasay City. The three-day event brought together solemnizing officers of various religions, religious sects denominations, members of the judiciary, city and municipal mayors and civil registrars to interact and discuss updates on marriage laws and registration procedures. There were 1,648 participants who attended in this nationwide event, of which 308 were from National Capital Region (NCR).

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National Capital Region — Civil Registration News

On Reporting of Fetal Death

R ecently the office received a query from one of the big hospitals located in the southern part of Metro Manila regarding the counting or recording

of a fetal death in a birth certificate. Entry in Item 5(c) of a Certificate of Live Birth refer to the number of births delivered by the mother preceding the current delivery. The number shall include all births even from previous relationships including fetal death. The query is whether to consider an Early Fetal Death which is less than 20 weeks of gestation (medically termed as abortion) in the counting of fetal deaths. Aside from the Early Fetal Death, there are other classifications of fetal death in medical parlance: Intermediate Fetal Death (20 weeks of gestation but less than 28); and Late Fetal Death (28 or more weeks of gestation). In response to the query, the NCR Regional Office maintained its stand that as far as civil registration is concerned, the definition of a fetal death as provided for by Rule 38 of Administrative Order No. 1 Series of 1993 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 the muscles.

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NCR Revokes Solemnizing Officer’s Authority

F or allegedly performing a marriage not in accordance with law, the Certificate of Authority to Solemnize Marriage (CRASM) of a solemnizing

officer from a religious sect based in Quezon City was recently cancelled. Rev. Danilo V. Escabas who identified himself as a Pastor of the Gospel Center International Ministries, Inc was stripped off his authority to solemnize marriage by his Bishop.

The recommendation of his church superiors to cancel his authority stemmed from a National TV media coverage as a result of the complaint filed by a woman who believed that her identity was stolen allegedly with the aid of the said pastor. The woman who hails from Talisay Batangas was surprised to know that she had a registered marriage contract when she secured a CENOMAR at the National Statistics Office. The marriage contract shows that she entered into marriage with a certain James Boria Claros who allegedly resides in Bagong Silangan Quezon City. Further verification made by the woman yields that the man she allegedly married does not exist.

The pastor denied participation in the complaint filed by the woman. NSO-NCR has already initiated its fact-finding investigation if the complaints warrant the cancellation of the authority of the said pastor. The process was modified when the office received a request from the church where the pastor belongs requesting for the immediate cancellation of his CRASM. Under the new Administrative Order No. 1 Series of 2007, a request from a Bishop or Head of a religious organization is one of the grounds in cancelling an authority to solemnize marriage.

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The original purpose of Birth Registration was for tax purposes and for the determination of available military manpower.

Births of Prominent Figures

Cleopatra. Born in 69 BC in Alexandria, Egypt, this queen and legendary beauty’s birth was recorded by priests in hieroglyphic text. Genghis Khan. Born in 1162 (estimated). Birth records were not kept at this time in Mongolia, where the legendary leader (born Temujin) formed the Mongol Empire, the largest continuous empire in history. Instead, his birth year is an educated guess based on the date of his death, August 18, 1227.

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National Capital Region — Civil Registration News

The office is always invited to join Jobs Fair and Service Caravans organized by the Department of Labor and Employment, Local Government Units and Labor Groups and to conduct lectures about civil registration in schools, other offices and hospitals. During such events or occasions, the participants often asked the following questions: What is the difference of affixing a “Jr” or “II”? Under Article 375 of the Civil Code, the word “Junior” can only used by a son. Grandsons and other direct male ascendant shall:

1. Add a middle name or the mother’s surname, or

2. Add the Roman numerals II, III, and so on. Example: A son that comes after the brother whose surname was affixed “Jr.” can also be named after the father by affixing the Roman numeral “III”.

What names may a married woman use? Under Article 370 of the Civil Code, a married woman may use:

(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname, or

(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Is the use of husband’s surname by the wife

mandatory?

As cited above, the use of husband’s surname by the wife is optional and not obligatory. It must be emphasized however that once the wife have started using the surname of her husband, she can no longer change or stop using it. Is there a difference between annulment and declaration of nullity of marriage? Annulment refers to the legal action declaring void those marriages considered as voidable (valid until annulled). On the other hand, declaration of nullity refers to those marriages considered as void from the very beginning (null and void) and judicial confirmation of the invalidity is

necessary. Marriages dissolved under Article 36 (Psychological incapacity) of the Family Code falls under “Declaration of Nullity” and not annulment. However, we often call annulment as a generic term for the legal action concerning both kinds of marriages. Is there a prescribed form for the solemnization of marriage?

Under Article 6 of the Family Code of the Philippines, no prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses attested by the solemnizing officer. How can an illegitimate child carrying his/her mother’s surname since birth changed his/her surname after the subsequent marriage of his/her biological parents? Changing the surname of a child from the mother’s surname to the father’s surname after the subsequent marriage of his/her biological parents depends on the circumstances. First, if the child is 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 change the surname through legitimation by the subsequent marriage of the parents. The parents should file the legitimation of the child at the Office of the Local Civil Registrar where the birth of the child was registered. The parents have to present a joint affidavit of legitimation and present the same to the Local Civil Registrar together with a certified true copy of their marriage contract. If a child is born out of wedlock and both the parents were not yet of the legal age or either one or both parents have legal impediment to marry, the child cannot be legitimated even the parents enter into a subsequent marriage. Hence, the child cannot carry the surname of the father. The remedy for the child to carry the surname of the father is through the process of adoption. Can an acknowledged-illegitimate child change his/her surname to her mother’s surname after his/her unwed parents got separated? The changing the surname of a child from his/her father’s surname to his/her mother’s surname is not a simple matter. Such changing of surnames requires court proceedings as it involves a substantial change in the individual legitimacy status. In such case, the mother

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National Capital Region — Civil Registration News

should file a petition with the Regional Trail Court that has jurisdiction of the place where the child has resided for the last three years. Who has the sole authority of an illegitimate child? As provided for by Article 176 of the Family Code, illegitimate child should be under the sole authority of the mother. This holds true even if the child carries the surname of his/her father under Republic Act 9255. However, the father has the right to visit the child. Is the authority of Solemnizing Officer a requirement for the registration of marriage certificate? The authority of a solemnizing officer is not a requirement in the registration of marriage certificate. However, it is required in the solemnization of marriage by priests, religious ministers, imams, tribal heads and other designated authorities. Does the failure to register a marriage certificate invalidate the marriage? The registration of marriage certificate is not among the essential or formal requisites of marriage. The failure of registration by the solemnizing officer or the contracting parties does not affect the validity of the marriage.

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Court grants XXX “married” woman, single status

R osalinda, (not her real name) who was a victim of an “identify theft” got a sigh of relief when the court granted her petition to cancel the

registration of her supposedly marriage to a man she never knew or met. It can be recalled that her case was featured in a national television where she revealed that when she applied for a Certification of No Record of Marriage (CENOMAR) from the National Statistics Office (NSO), she discovered that she had a registered marriage contract. Rosalinda filed a petition for correction of civil status and cancellation of certificate of marriage at Branch 96 of the Regional Trial Court, National Capital Judicial Region. In her petition, she claimed that she never entered into marriage with a certain “James Boria Claros” and that she never knew somebody by this name. There was no celebration of marriage that took place on the alleged date and place of marriage. She further claimed that she never met the Pastor who allegedly officiated the said marriage and the people who allegedly witness the same. She even verified with the NSO the record of birth of James Boria Claros but it yielded negative result. In the decision penned by presiding Judge Afable Cajigal (a copy was furnished by the relatives of Rosalinda to NCR CRN), the court finds no legal impediment to grant the relief prayed for and that all the requisites were completely established and substantiated by the petition. Rosalinda, according to her next of kin is now in the United States of America preparing for the real marriage with her Filipino-American fiancée.

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From page 3

See answers on the last page.

NSO consulted on IRR of the New Adoption Law

An invitation letter was sent by DSWD-NCR Regional Director Thelsa P. Biolena to National Statistics Office -NCR Administrator Carmelita N. Ericta inviting representatives from the NCR Regional Office and from the Local Civil Registrar to participate in a Regional Consultation on the crafting of the Implementing Rules and Regulations (IRR) of Republic Act 9523 otherwise known as: An Act Requiring Certification of the Department of Social Welfare and Development to Declare a Child Legally Available for Adoption, as a Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of RA 8552 (Domestic Adoption Law), RA 8043 (Inter-Country Adoption Law),

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National Capital Region — Civil Registration News

NSO joins Makati Jobs Fair The National Statistics Office-National Capital Region Regional Office and NCR District V joined the Makati Jobs Fair on May 15, 2009 by serving as one of the Pre-employment Documentation Service Provider. The job fair was spearheaded by the Makati City government, through its Public Employment Services Office (PESO) in coordination with the Department of Labor and Employment (DOLE). The job fair is one the activities in the month-long celebration of the 339

th Founding

Anniversary of Makati City. Dubbed: “Trabaho: Sagot sa Krisis ng Mundo”, the fair was held from 8:00 am to 4:00 pm at the City Hall Quadrangle, J.P. Rizal Street. It was opened to both residents and non-residents of the city, persons with disabilities, working students, and out-of-school youth. More than 60 companies and employment agencies have participated in the said event. Other government agencies that joined the event are the Bureau of Internal Revenue (BIR) and PAG-IBIG.

Do your Grandparents’ records exist at NSO Archives

W ere your parents or grandparents born during the pre-war days or before 1941? Do they have birth certificates? Chances are they may or may not

have records on file at the National Statistics Office (NSO) or at the National Library (Archives). The birth record of your parents or grandparents might have been registered but were already destroyed or not registered at all. At present the NSO Archives has records of all vital events that occurred at the later part of 1945 onwards. Hence, all births occurred during pre-war days or before 1941 might have been registered at the Local Civil Regis-trar or at the National Archives now known as Records of Management and Archives Office (RMAO). The civil registry records available at the RMAO are births that oc-curred from 1921 to 1935; marriages that happened from 1921 to 1934; and deaths that took place from 1921 to 1934. If a certified true copy of the documents recorded during these years is requested from NSO, a Certification of No Record is issued. To address the problem of negative certification issued by the NSO for those events occurred prior to 1945, the Office of the Civil Registrar General (OCRG) issued Circular 98-1 dated September 8, 1998 that provides the procedure on how to send piecemeal civil registry document/s to OCRG. For birth record available at the Local Civil Registry Office (LCRO), you should request the Local Civil Registrar (LCR) to endorse a certified true copy of the document to the OCRG for its archives. The document to be endorsed to the OCRG must bear the annotation “Copy for OCRG” and must be sent only “Office to Office” through Liaison Officer or through mail or courier and not to be entrusted to the interested party. Secure also photocopies of the birth certificate, transmittal letter and any proof of mailing the documents. These will serve as attachments when securing a copy issuance of the endorsed document.

If the birth record is not available at the LCRO, you should verify at the National Archives or RMAO for its existence. According to Mrs. Lourdes J. Hufana, Director, Civil Registry Department (CRD) in the regular Radio Program “Census, Serbilis sa Radyo” over DZRB Radio ng Bayan last May 23, 2009 episode, there are two options wherein the records from the National Archives or REMAO be included at the NSO Archives. The first option is to request the LCRO to reconstruct the document based from the certified copy issued by the National Archives, after which the LCRO will endorse the reconstructed copy to the OCRG following the procedure

discussed earlier. Another option is to seek assistance from the OCRG to request the RMAO to endorse a copy of the document to the OCRG. The interested party is required to pay the amount of Php 80.00 in Postal Money Order (PMO) payable directly to National Archives and another PMO worth Php 15.00 for documentary stamp tax also payable to the same office. If the verification at the RMAO yields negative result, the last option is to have the birth records registered through the process of delayed registration. (To be discussed in succeeding issues).

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NSO consulted… and PD 603 (Child and Youth Welfare Code) and for other purposes. The consultation was conducted on April 28, 2009 at DSWD-Field Office IV B, Malate Manila. It aims to elicit inputs and recommendations from intermediaries and stakeholders on the IRR before its finalization. Ms. Dorotea Lilia R Nuesca, Chief, Civil Registry and Information Management Division (CRIMD) together with Ms. Josephine C. Copada and Ms. Teodora Coronado, both City Civil Registrars of Makati and Marikina City represented the office.

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From page 4.

There are three things that last: faith, hope and love, and the greatest of these is love.

- I Corinthians 13:13 -

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National Capital Region — Civil Registration News

Photo Gallery on the 3rd Level Training on Manual of Instructions on Revised Civil Registry Forms

Editorial Board:

Lourdes V. Homecillo

OIC-Regional Director, NCR

Dorotea Lilia R. Nuesca Chief, CRIMD

Godofredo Mario D. Corrales

Statistician III, CRIMD

Editorial Team:

Minerva C. Zambrano Gerald M. Morada

Circulation Manager

Florfina A. Perez

The NCR-CRN

is the official newsletter of the National Statistics Office - National Capital Region on

Civil Registration.

Address:

Civil Registry and Information Management Division (CRIMD)

3961 Philippine Society Bldg.

R. Magsaysay Blvd., Sta. Mesa, Manila

For your contributions,

queries, comments, and suggestions,

get in touch with us at:

(632) 713-3052

NSO Administrator Carmelita N. Ericta greets the participants. Ms. Dorotea Lilia R. Nuesca discusses the procedures for the proper accomplishment of COLB.

PSO Belen Razo presents the proper filling-up of Certificate of Divorce, Statement of Revocation of Divorce, Certificate of Dissolution of Marriage, and Statement of Revocation of Dissolution of Marriage.

PSO Maria Francia R. Nepomuceno lectures on Certificate of Marriage and Application for Marriage License.

Source: http://www.cartoonchurch.com/

Answer: On the Spot the Difference