This article talks about the remedy of filing an application for delayed registration of birth with the local civil registry office where one has no birth certificate.
Are you one of those unfortunate ones whose birth was not registered? Are you trying to secure a passport but unable to get one since you just discovered that you have no birth certificate? Fret not. There is a remedy to rectify such disastrous situation.
File an application for delayed registration of birth
Section 5 of Act No. 3753 mandates that the declaration of birth must be sent to the local civil registrar not later than thirty (30) days after the birth, by the physician or midwife in attendance of the birth or by either parent of the newly born child. In such declaration, these persons shall certify to the following facts: (a) date and hour of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the PSA regulations.
Procedure in applying for delayed registration of birth
However, if your parents failed to declare your birth, you are not without recourse. After confirmation that there is no existing record of birth with the local civil registrar’s office, the appropriate remedy would be to file a Late Registration of Birth. Guidance may be culled from the Joint Memorandum Circular No. 2021-01 or the Revised Guidelines for Delayed Registration of Birth (“MC 2021-01”) issued by the Philippine Statistics Authority (“PSA”). The procedure is outlined in Section 6 thereof as follows:
“6.1 Birth registered later than 30 days after its occurrence is considered delayed registration.
6.2 Delayed registration of birth, like an ordinary registration made at the time of birth, shall be registered at the Local Civil Registry Office (LCRO) of the place where the birth occurred.
6.3 Upon receiving the application for delayed registration of birth, the City/Municipal Civil Registrar (C/MCR) shall examine the Certificate of Live Birth (COLB) presented whether it has been completely and correctly filled-out. The C/MCR shall also evaluate the veracity of the statements made in the Affidavits and the other submitted supporting documents through personal interview with the applicant or if necessary, conduct a field visit with the Office of the Punong Barangay where the child resides to confirm the statements made in the Affidavits and the genuineness of the supporting documents.
6.4 Submission of a Negative Certificate of Live Birth issued by the Philippine Statistics Authority (PSA) Civil Registry System Outlets or other authorized issuing centers must be required as a mandatory requirement for the application for delayed registration to ensure that there is no existing birth record registered anywhere in the country.
6.5 A notice to the public of the pending application for delayed registration shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public subject to the provisions of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012.
6. 6. If no one opposes the registration after ten (10) days, the C/MCR shall review the application, and, if convinced beyond doubt that the applicant for Delayed Registration was really born within his/her jurisdiction, the C/MCR shall accept and register the delayed registration of birth.”
Documents to be submitted in applying for delayed registration of birth
Now, let’s go to the paperwork. The requirements on filing the delayed registration of birth are provided in Section 7 of MC 2021-01, to wit:
“7.1 For a party seeking late registration of birth whose parents are both Filipino citizens, the following are the requirements:
7.1.1 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 COLB 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
- Reason for not registering the birth within thirty (30) days after the date of birth
iii) Negative Certification of Birth Record from the Philippine Statistics Authority
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 documents, shall submit the following:
iv) Sworn statement stating the present whereabouts of the mother;
v) Any two of the following documentary evidence 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;
- Income tax return;
- Insurance policy;
- Medical records; and
- Others, such as barangay captain’s certification.
vi) Affidavit of two disinterested persons who might have witnessed or known the birth of the child; and
7.1.2 If the person is eighteen (18) years old or above.
i) All the requirements for the person who is less than eighteen (18) years old per Item .1.1 of this JMC; and
ii) Certificate of Marriage, if married
7.2 For a party seeking late registration of birth whose one of the parents is a foreigner ,
7.2.1 Certificate of Marriage of the parents (if child is legitimate);
7.2.2 Birth certificate of the parents,
7.2.3 Passport of both parents,
7.2.4 Affidavit of Admission of Paternity and/or Affidavit to Use the Surname of the Father under RA 9255, if child is illegitimate and was acknowledged by the father; or
7.2.5 Affidavit of Acknowledgement in case of an illegitimate child born prior to 03 August 1988.
7.4. When the application for the delayed registration of birth is filed on behalf of another person, in addition to the abovementioned requirements of filing delayed registration of birth, the following must be submitted :
7.4.1 Special Power of Attorney (SPA) or Authorization Letter executed by the document owner, authorizing the applicant to file the delayed registration of birth;
7.4.2 Valid Identification Card of the document owner and the requester or applicant; and
7.4.3 Affidavit of the document owner or the registrant in case the document owner is already deceased stating the reasons why he/she cannot personally file the application .
The local civil registrar shall charge fees for delayed registration in an amount not exceeding P200.00 pursuant to MC 2021-01.
So, fret not! The absence of a birth certificate does not mean that you do not exist. You can simply file an application for delayed registration.
About Nicolas and De Vega Law Offices
If you want to learn how to correct errors in your birth certificate without going to court or need help in other family law matters, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com .