NSO Documents: Court Order and Legal Instruments

Bonjour. Mabuhay.

If you have legal concerns for the correction of your NSO record, here’s a guideline that you can refer to:

Requirements for Legitimation by Subsequent Marriage (1 week processing)

1. Execute Joint Affidavit of Legitimation (3 copies)

2. If child has not yet been acknowledged, execute Affidavit of Paternity/Acknowledgment, submit 3 copies

3. Certified Copy of Birth Certificate (1 copy)

4. Certified Copy of Marriage Contract (3 copies)

* Copy of Divorce paper, if Divorced

* CTC of Death Certificate if one of the parent is deceased

5. NSO Certificate of No Record of Marriage (CENOMAR) for both

NOTE: If child was conceived and born from parents with previous existing marriage or when parents have legal impediment to marry, Affidavit of Legitimation is not registrable.

Requirements for Foundling (1 week processing)

1. Duly accomplished Certificates of Foundling (3 copies)

2. 2×2 picture – 3 copies

3. Barangay or Police Report/Police Certification that no missing child was reported

4. Affidavit of Abandonment/Affidavit of the finder stating the facts and circumstances surrounding the finding of the child.

5. Tri-Media certificates of Announcement/Publication

6. If filed after thirty (30) days, it should be accompanied by an Affidavit for Delayed Registration

Requirements for Election of Citizenship/Repatriation (1 week processing)
(1 Original CTC & 3 Photo copies)

1. Affidavit of Election of Citizenship

2. Oath of Allegiance

3. Birth Certificate of the applicant

4. 2×2 picture with signature – 4 pcs.

5. Marriage Contract of parents

6. Alien Certificate of Registration

Requirements for Amendments (1 week processing)

1. Certified true copies of Court Decision – 2 sets

2. Certificate of Finality – 2 copies

3. Certified copy of the document to be amended

4. Certificate of Registration from the Civil Registry office where the court is situated

For those concerning Birth Certificates – we need authorization from the natural/biological parents, purpose specifically stated.

For Adoption – forms for the information of adopting parents should be properly filled-up.

Foreign Adoption – should be registered at the Manila City Hall and ask for Certificate of Registration, Two (2) sets of court decision and translation, if other than English (certified true copies)

NOTE: If filed after thirty (30) days since Finality, it should be accompanied by Affidavit for the Delayed Registration of said decision.

* Legal Instruments must be filed within 20 days from the time it was executed, or it will be considered Delayed or subject to submission of Affidavit stating the cause of delay.

Requirements for Supplemental Report (1 week processing)

1. Certified true copy or NSO copy of the document.

2. At least 3 copies of supporting documents showing the correct entries omitted on the document.

3. Affidavit for Supplemental Report of omitted entries.

Hope this is useful for you. You can request your NSO certificates at NSO Birth Certificate Delivery Service.

Source: http://www.makati.gov.ph/portal/forms/civil_registry.htm#court

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6 thoughts on “NSO Documents: Court Order and Legal Instruments

  1. helo sir madam.. magtanung lang po ako, nuong nakaraang buwan nag send ako ng mesage dito at lagi kung tinitingnan kung may sagut ang mga tanung na isinusulat ko dahil kailangan kurin ng tulong tungkol sa meragescontract ko. nung makita ko lahat ng mga mesage at tanong dito ang lahat ay may reply. ang sa akin lang ang wala bakit ganon? nung tiningnan ko ulit inalis na yata ang mesage ko dahil hindi kuna makita sa page na ito.anu kaya ang dahilan? nasaktan ako dahil wala akung makitang sagot sa tanung ko plus inalis pa ang mesage ko na d ko alam ang dahilan kung ano ang pagkakamali ko.sana magawan nyo ng paraan na sagutin ang mga tanung ko. maraming salamat.

  2. Magandang gabi po… ako din ay ganyang situation sa naunang sumulat sa inyo ang situation na pabalik balikan ka ng NSO at Manila Civil registrar kung saan lahat na ng documento ay naibigay na po.

    Adopted po ako ang na ipass na documents sa nso ay ang sumusunod

    * CTC Amended birth Certificate yon pong adoptive surname ko na nakalagay pati adoptive parents wala ng annotation ang binigay o nirirelease ng Manila civil registrar
    * Decision for Petition for Adoption
    *Certificate of finality

    Pag balik ko po sa NSO hinihingi nila ang BIRTH CERTIFICATE PRIOR TO ADOPTION pag punta ko po sa Manila Civil Registrar hindi na daw kailangan yon dahil “sealed” na ang original birth certificate of the adoptee by virtue of Article 8552 Section 14 to Section 15 nabasa ko po ito dahil hininap ko sa google kung ano itong batas na ito. Tumawag po ako sa NSO at sinabi ang ganong pagpapaliwanag ng civil registrar Manila at itong ngang batas na Article 8552. Ang sabi po ng NSO administrative act of 1993 daw ang sinusunod nila na kailangan daw ang original birth certificate…hindi ko na po maintindihan magka ibang batas ang sinusunod ng dalawang asencia ng gobyerno na ito na tila walang nais tumanggap ng pagpapaliwanagan nilang dalawa mayroon batas ang isa at meron din igigit na batas ang isa ang sinasabi ng Manila Civil Regisrar at NSO napadala sila ng sulat sa isa’t isa’t para ayusin ang mga kaso ng adoption na ganito samantalang kaming mga abang mamamayan ang naiipit dahil hindi nila mapagdicisionan kung anong FINAL na gagawin para mai release ang hinihingi NSO birth certificate.

    Taon 2001 ko pa po ito inaasikaso hangan ngayon wala pa po akong NSO Birth certificate na patuloy ko pa rin inaasikaso subalit wala pa rin malinaw na patutunguhan….?
    Maari bang tulungan ninyo ako ang aking cell no ay 0932-6200-622 at 280-41-70 within Metro Manila calls. Mam/Sir my complete name is in the registration form below. Umaasa na makakarinig ng tugon sa inyo. Salamat po

    MJS

  3. HUmihingi po ako ng tulong sa inyo…good pm po…aq po ay isang simpleng mamamayan lamang po na inaayos ang aking birth certificate sa nso,nauna po namin itong inayos sa local civil registry ng munisipyo ng maynila at naitransmit na po ito nung july 19, 2011 sa nso…ngunit ng naipasok na po namin ito sa nso ay binigyan kme ng date na Aug,9, 2011 upang mairelease ito, dahil sa kailangan ko na itong makuha agad para makakuha nq ng passport q nakiusap po kme kay m’ chatty upang mapaaga po ang release nito at binigyan nya kme ng date ng July 28, 2011 ngunit ng kukuhanin ko na po ang aking birth certificate ay hindi daw po ito mairerelease gawa ng may mga feedback dito at kailangan kong kuhaning papeles uli ,so ang ginawa ko po ay bumalik uli aq sa local civil registry upang kuhanin qng anu man ung pinakuha nila at akin naman itong ibingay sa kanila at nakiusap uli aq para mairelease ito ng mas maaga, binigyan aq ng date na Aug,5,2011 pagbalik q po ng aug,5 d ko naman po nakuha dahil sa may feedback na naman daw po uli ..ang kailangan ko naman daw po ay ang Affidavit of Acknowledgement thru authentic writing na aking isinangguni agad sa local civil registry at ang sabi po nila ay hindi na daw po kailangan yun dahil ang aking ama ay patay na, at bumalik uli aq sa nso at pagbalik ko po dun ay pinagpipilitan nilang bumalik uli aq dun upang kuhanin ang Affidavit of Acknowledgement thru authentic writing…ano pong gagawin ko kung ang sinsabi sa local civil registry ay ok na po ung papeles ko at sa nso naman po ay kulang pa daw po, bakit po sila ganun? Hindi po yata sila synchronize sa pagsasaayos na papeles…natatakot po akong baka sa susunod na pagbalik ko po ay may kung anu anung feedback na namn po sa knila ay lalo aq matagalan sa pagkuha nito, wala naman po silang awa na pabalik balikin kme porket maliliit na tao lamang kme pero pag mga kakilala nila ay agd nilang ginagawan ng solusyon paano naman po kme na limited lang po ang panggastos sa pag aackaso na mga ganyang dokumento..kayo lng po ang makakatulong sakin ..sana po ay mtulungan nio po ako sir…kailangan ko na po ito talaga sa lalong mdaling panahon.Sana po matulungan nio po ako para matulunagn ko ang aking pamilya sa pag unlad..tatanawin ko po itong utang na loob ..maraming maraming salamat po…Sana ay mtugunan nyo po ako sa lalong madaling panahon, marami din po kayong makikita sa CENSUS(NSO) located at Nso Vibal Bldg.Times St. West Triangle Quezon City na mga katulad q pong paulit ulit ng pinabalik balik ngunit wala pa din pong katugunan sa amin na ang ninanais lamang ay maisaayos ang aming mga personal na dokumento.

    makokontak nio po ako sa numerong 09335248127 at 09281121098.
    salamat po,

    Melissa D. Santiago
    2.1.

    Public document � refers to affidavit of recognition executed by the father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment.

    2.2.

    Private handwritten instrument � an instrument executed in the handwriting of the father and duly signed by him where he expressly recognizes paternity to the child.

    2.3.

    Local Civil Registry Office (LCRO) � a department in the city/municipal government mandated to perform civil registration functions.

    2.4.

    Office of the Civil Registrar General (OCRG) � refers to the national government office mandated to carry out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also the Administrator of the National Statistics Office (NSO).

    2.5.

    Affidavit to Use the Surname of the Father (AUSF) – an affidavit to be executed in order to use the surname of the father. The AUSF is a registrable document.

    2.6.

    Guardian – refers to a person lawfully invested with the power, and charged with the duty, of taking care of one who, for defect of age, understanding, or self control, is considered incapable in administering his own affairs. This term also refers to those authorized to exercise substitute parental authority over the child in default of parents or a judicially appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the following:

    2.6.1 The surviving grandparent (Article 214, Family Code);

    2.6.2 The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2),
    Family Code); and

    2.6.3 The child’s actual custodian, over 21 years of age, unless unfit or disqualified (Article 216
    8.2 For Births Previously Registered under the Surname of the Mother
    8.2.1 If admission of paternity was made either at the back of the Certificate of Live Birth or in a
    separate public document or in a private handwritten document, the public document or
    AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
    made in the Certificate of Live Birth and the Register of Births as follows:

    “The surname of the child is hereby changed from (original surname) to (new surname)
    pursuant to RA 9255.”

    The original surname of the child appearing in the Certificate of Live Birth and Register of
    Births shall not be changed or deleted.
    8.2.2 If filiation was not expressly recognized at the time of registration, the public document or
    AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
    made in the Certificate of Live Birth and the Register of Births as follows:

    “Acknowledged by (name of father) on (date). The surname of the child is hereby
    changed from (original surname) to (new surname) on (date) pursuant to RA 9255.”

    yan po kc ung na seach ko..bakit po ganun pinagpipilitan pa nila na irehistro q ung aknowledgement ng tatay ko samantalang ang AUSF lamang po dapat ang nirerehistro na syang legal instrument na aming inexecute ng nanay ko..pls. help us po kc po single mother po ang nanay ko hindi po sya makpagtinda dahil sa kung anu anu pa pong hinihingi ng nso.
    salamat po

    RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255
    ________________________________________

    Republic of the Philippines
    OFFICE OF THE CIVIL REGISTRAR GENERAL
    National Statistics Office
    Manila

    ADMINISTRATIVE ORDER NO. 1
    Series of 2004
    Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF 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”)
    As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.

    Rule 1. Coverage

    1.1 These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This includes:

    1.1.1 Unregistered births;

    1.1.2 Registered births where the illegitimate children use the surname of the mother.

    Rule 2. Definition of Terms
    As used in these rules, the following terms shall mean:

    2.1. Public document � refers to affidavit of recognition executed by the father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment.

    2.2. Private handwritten instrument � an instrument executed in the handwriting of the father and duly signed by him where he expressly recognizes paternity to the child.

    2.3. Local Civil Registry Office (LCRO) � a department in the city/municipal government mandated to perform civil registration functions.

    2.4. Office of the Civil Registrar General (OCRG) � refers to the national government office mandated to carry out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also the Administrator of the National Statistics Office (NSO).

    2.5. Affidavit to Use the Surname of the Father (AUSF) – an affidavit to be executed in order to use the surname of the father. The AUSF is a registrable document.

    2.6. Guardian – refers to a person lawfully invested with the power, and charged with the duty, of taking care of one who, for defect of age, understanding, or self control, is considered incapable in administering his own affairs. This term also refers to those authorized to exercise substitute parental authority over the child in default of parents or a judicially appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the following:

    2.6.1 The surviving grandparent (Article 214, Family Code);

    2.6.2 The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2),
    Family Code); and

    2.6.3 The child’s actual custodian, over 21 years of age, unless unfit or disqualified (Article 216
    (3), Family Code).

    Rule 3. Who may file
    Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

    Rule 4. Where to file

    4.1. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.

    4.2. The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.

    4.3. The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.

    Rule 5. What to file
    The following shall be filed at the LCRO:

    5.1. Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back

    5.2. Public document

    5.3. AUSF, including all supporting documents

    Rule 6. When to register
    The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.

    Rule 7. Requirements for the Child to Use the Surname of the Father

    7.1 For Births Not Yet Registered

    7.1.1 The illegitimate child shall use the surname of the father if a public document is executed
    by the father, either at the back of the Certificate of Live Birth or in a separate document.

    7.1.2 If admission of paternity is made through a private handwritten instrument, the child shall
    use the surname of the father, provided the registration is supported by the following
    documents:

    a. AUSF
    b. Consent of the child, if 18 years old and over at the time of the filing of the document
    c. Any two of the following documents showing clearly the paternity between the father
    and the child:

    1) Employment records
    2) SSS/GSIS records
    3) Insurance
    4) Certification of membership in any organization
    5) Statement of Assets and Liabilities
    6) Income Tax Return (ITR)

    7.2 For Births Previously Registered under the Surname of the Mother

    7.2.1 If filiation has been expressly recognized by the father, the child shall use the surname
    of the father upon the submission of the accomplished AUSF.

    7.2.2 If filiation has not been expressly recognized by the father, the child shall use the
    surname of father upon submission of a public document or a private handwritten
    instrument supported by the documents listed in Rule 7.1.2.

    7.3 Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized.

    Rule 8. Effects of Recognition

    8.1 For Births Not Yet Registered

    8.1.1 The surname of the father shall be entered as the last name of the child in the Certificate
    of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.

    8.1.2 If admission of paternity is done at the back of the Certificate of Live Birth, no annotation
    is made in the Certificate of Live Birth. However, annotation shall be made in the Register
    of Births as follows:

    “Acknowledged by (name of father) on (date) pursuant to RA 9255.”

    8.1.3 If admission of paternity is made in a separate public document, the proper annotation
    shall be made in the Certificate of Live Birth and the Register of Births. The annotation
    shall be as follows:

    “Acknowledged by (name of father) on (date) pursuant to RA 9255.”

    8.1.4 In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with
    the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper
    annotation with regard to delayed registration shall be made.

    8.2 For Births Previously Registered under the Surname of the Mother

    8.2.1 If admission of paternity was made either at the back of the Certificate of Live Birth or in a
    separate public document or in a private handwritten document, the public document or
    AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
    made in the Certificate of Live Birth and the Register of Births as follows:

    “The surname of the child is hereby changed from (original surname) to (new surname)
    pursuant to RA 9255.”

    The original surname of the child appearing in the Certificate of Live Birth and Register of
    Births shall not be changed or deleted.

    8.2.2 If filiation was not expressly recognized at the time of registration, the public document or
    AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be
    made in the Certificate of Live Birth and the Register of Births as follows:

    “Acknowledged by (name of father) on (date). The surname of the child is hereby
    changed from (original surname) to (new surname) on (date) pursuant to RA 9255.”

    Rule 9. Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1A
    In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certificate of Live Birth or on the certified transcription (LCR Form 1A) from the Register of Births.

    Rule 10. Duties of the Local Civil Registrar

    10.1. Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stated in the affidavit and the documents presented.

    10.2. Accepts for registration the following documents:

    a. Certificate of Live Birth
    b. Public document
    c. AUSF

    10.3. Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and AUSF in the Register of Legal Instruments.

    10.4. Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.

    10.5. Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations.

    10.6. Distributes the annotated Certificate of Live Birth, registered public document or AUSF including any supporting document as follows:

    a. First copy to owner of the document;
    b. Second copy to the OCRG;
    c. Third copy to the LCRO.

    Rule 11. Retroactivity Clause
    These rules shall have retroactive effect for all births occurring within and outside the Philippines.

    Rule 12. Separability Clause
    If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the remaining portions or provisions thereof shall not be effected by such declaration.

    Rule 13. Repealing Clause
    All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly.

    Rule 14. Effectivity
    These rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

    APPROVED this 14th day of May 2004.

    (Sgd.) CARMELITA N. ERICTA
    Civil Registrar General

    Registration of Legal Instruments

    Place of Registration
    1. As ageneral rule, all legal instruments shall be registered in the civil registry of the place where they were executed except the following:
    o Affidavit of Reappearance – where the parties to the subsequent marriage are residing;
    o Marriage Settlement – where the marriage was recorded; and
    o Admission of Paternity, Acknowledgement, Legitimation, Voluntary Emancipation of Minor, and Paternal Authorization or Retification 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 of Manila.
    Number of Copies to be Submitted
    It shall be the duty of the person concerned to submit four (4) copies of the legal instrument to the civil registrar of the city/ municipality where the legal instrument was executed. After registration, the civil registrar shall distribute copies of the document bearing the civil registry number within five (5) days as follows: first copy to the Office of the Civil Registrar-General; second copy to the civil registrar where the event was originally recorded; third copy to the registrant; fourth copy shall be retained for filing.
    Affidavit of Reappearance
    A sworn statement of the circumstances of reappearance shall be recorded in the civil registry office of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spoises of the subsequent mariage and without prejudice to the fact of reappearance being judicially determined in case such fact disputed
    Affidavit of Acknowledgement/ Affidavit of Admission of Paternity
    1. It shall be the duty of the parents or parent who executed the instrument of acknowledgement to send the original copy to the civil registrar of the municipality where the birth of the acknowledgment to send the original copy to the civil registrar of the municipality where the birth of the acknowledged child was registered not later that twenty (20) days after the execution of the instrument, for registration in the Register of Legal Instruments and proper annotation in the Register of Births.
    2. The original family name of the child appearing in the Register of Births shall not be erased or deleted, but in the remarks space shall be written “Acknowledged by __________ (name of acknowledging parents) on __________ (date)” indicating therein the full name of the child, born before August 3, 1998, shall bear by virtue of the acknowledgment, giving reference to the entry number in the Register of Legal Instruments.
    3. When the interested party requests a copy of the birth certificate of an acknowledged child, a certified copy of the Certificate of Live Birth bearing the annotation “Acknowldged by __________ (name of acknowledging parent/s) on __________ (date)”; “Family name changed to __________”; and Registry No. __________ (Legal Instruments)” or a certified transcription using standard form from the Register of Births bearing the effects of acknowledgment and likewise the remarks “Acknowledged on __________” shall be issued. For all those born on or after August 3, 1988, the remarks “Family name changed to __________” is not applicable.
    Source: http://census.gov.ph/data/civilreg/cv8.html


    August 8, 2011

    Good Day ,

    Mam Joan,
    I am requesting to please examine my Ausf application , As what I’ve seen in the Implementing Rules and Guidelines in Registration for Legal Instrument there was an exemption in registering such document like affidavit of Patenity or Acknowledgement that you are insisting to us.
    I am asking you…
    To whom should I follow?
    Legal Civil Registry of Manila say ’s that my document is fixed / done and no additional documents needed.
    Please mam, I’m lacking of time. I need it badly in order for my passport and working visa to be process.
    Please take action on this matter , it would be a big help for me and to my family.

    Melissa Dela Cruz Santiago.

    1. Melissa, I sent your concern to the Director for Civil Registration Department of the NSO. Hopefully they will get back to us (or you directly) regarding your concern.

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