Registration of Legal Instrument

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.

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

ANNULMENT/DECLARATION OF NULLITY OF  MARRIAGE AND LEGAL SEPARATION

  • Check court decision if promulgated by court of jurisdiction within your city/municipality.
  • Require submission of original  or certified true copy of Decision and Certificate of Finality of judgment issued by the court.
  • Record the decision in Register of Legal Instruments.
  • Issue Certification that the court decree has been recorded in the local civil registry office.
  • Annotate the Certificate of Marriage recorded in the  civil register.
  • Issue certified copies of Certificate of Marriage as annotated.

REPUBLIC ACT NO. 9048

AN ACT AUTHORIZING THE CITY CIVIL  REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN  AN ENTRY AND OR CHANGE OF FIRST NAME OR NICK-NAME IN THE REGISTER WITHOUT NEED  OF JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL  CODE OF THE PHILIPPINES.
Processing of the Petition – The  C/MCR shall:

  • Examine the petition as the completeness of requirements and supporting documents as required under Rule 8.
  • Determine whether or not the civil registry document, which is the subject of the petition, forms part of the civil register of his office. if it is part of the civil register of his office, he shall assume jurisdiction, otherwise, Rule 6 shall apply.
  • Receive the petition upon payment of the prescribed fees by the petitioner.
  • Ensure that posting or publication requirement is complied with in accordance with Rule 9.
  • Investigation and consider any third party intervention to the petition.

1. Enter all petitions in the  appropriate record book, as may be prescribed by the CRG

  • Act on the petition within five (5)  working days after the completion of the posting and/or publication requirement. in case the C/MCR, CG or / D/CR approves the petition, he shall render his decision in a prescribed form in triplicate copies. Deny the petition for correction of clerical or typographical error based on any of the following grounds:

1. The supporting documents are not  authentic and genuine.

2.  The C/MCR has personal  knowledge that a similar petition is filed or pending  in court in any  other LCRO

3. The petition involves the same  entry in the same document, which was previously corrected or changed under  this Order.

4. The petition involves the change  of the status, sex, age or nationality of the petitioner or of any person named  in the document.

5. Such other grounds as the C/MCR  may deem not proper for correction.

  • In the case of petition for change of first name or nickname, the C/MCR shall deny the petition based on any of the following grounds, in addition to Rule 5.8.3:

1. The first name of nickname sought  to be changed is neither ridiculous, nor tainted with dishonor nor extremely  difficult to write or pronounce.

2. The new first name or nickname  south to be adopted has not been habitually and continuously used by the  petitioner, and he has not been publicity known by that first name or nickname  in the community.

3. There is no confusion to be  avoided or created with use of the registered first  name or nickname of  the petitioner.

REPUBLIC ACT NO. 9255

AN ACT ALLOWING ILLEGITIMATE  CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE  176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE “FAMILY CODE OF THE  PHILIPPINES”

Be it enacted by the Senate and  House of Representatives of the Philippines  in Congress assembly:

Section  1. Article 176 of Executive Order No. 209, otherwise known as the Family Code  of the Philippines, is hereby amended to read as follows:

“Article 176. Illegitimate  children shall use the surname and shall be under the parental authority of  their mother, and shall be entitled to support in conformity with this Code.  however, illegitimate children may use the surname of the father if their  filiation has been expressly recognized by the father through the record of  birth appearing in the civil register, or when an admission in a public  document or private handwritten instrument is made by the father. Provided, the  father has the right to institute an action before the regular courts to prove  non-filiation during his lifetime. the legi-time of each illegitimate child  shall consist of one half of the legitimate child.”

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