Republic of the Philippines
HOUSE OF REPRESENTATI
Quezon City, Metro Manila

Gi REPRESSED.

Si, =
RECEIVED @
© ox 1 JUL 2013

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No, __ 16%

LEOPOLDO N. BATAOIL

Introduced by Hon.

EXPLANATORY NOTE

This Bill seeks to provide a more responsive system of civil registration that
will sustain the need of a growing population and the increasing complexities of a
civilized nation. Moreover, the Bill seeks to standardize and modernize the
registration procedures necessary to establish the identity of an individual for
administrative and legal purposes. The Bill also aims to establish a more efficient
and simplified procedures in recording vital events affecting the identity of an

individual for the benefit of the general public.

In view of the foregoing, immediate approval of this measure is earnestly

sought.

LEOPOLDO N. BATAOIL

6f Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

r
HOUSE BILL No.__ 162

“Introduced by Hon. LEOPOLDO N. BATAOIL

EXPLANATORY NOTE

This Bill seeks to provide a more responsive system of civil registration that
will sustain the need of a growing population and the increasing complexities of a
civilized nation. Moreover, the Bill seeks to standardize and modernize the
registration procedures necessary to establish the identity of an individual for
administrative and legal purposes. The Bill also aims to establish a more efficient
and simplified procedures in recording vital events affecting the identity of an

individual for the benefit of the general public.

In view of the foregoing, immediate approval of this measure is earnestly

sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILLNo. 162

Introduced by Hon. LEOPOLDO N. BATAOIL

AN ACT PROVIDING FOR A MORE RESPONSIVE CIVIL REGISTRATION SYSTEM

AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shall be known as the "Civil Registration Act of 2012".

Section 2. Declaration of Policy. ~ The State shall promote and maintain for a more
responsive civil registration system. Towards this end, standardization and modemization of
registration procedures is necessary to establish the identity of an individual for administrative
and legal purposes. Moreover, efficient and simplified procedures in recording vital events must
be applied in civil registration for the benefit of the general public.

Section 3 Coverage. ~ This law shall embrace all a
in the Philippines and all Filipinos abroad.

affecting the civil status of persons

Section 4. Definition of Terms.

Civil Registration — refers to the continuous, permanent, and compulsory
documentation of occurrence and characteristics of vital events, including any
modifications thereof during the lifetime of a person, namely births, deaths,
marriages, judicial and administrative orders and legal instruments.

b. Civil Register ~ refers to the various civil registry books where events and judicial
decrees concerning the civil status of persons shall be recorded and kept in the
archives of the Local Civil Registry Office, Philippine Consulates, National Statistics
Office, and Shari'a District/Circuit Courts.

c. Civil Registry Documents ~ refers to all certificates and documents relating to civil
status of person which are recorded and kept in the archives of the Local Ci
Registry Office, Philippine Consulates, National Statistics Office, and Shari'a
District/Cireuit Courts.

d. Civil Registrar General — refers to the head of the National Statistics Office.

Civil Registrar — refers to the head of the Local Civil Registry Office (LCRO),
Consul General/ Consul/Vice Consul or the Clerk of Shari'a District/Circuit Courts.

f District/Circuit Registrar — refers to the Clerk of Shari'a Districy/Circuit Court
performing civil registration function with regard to Muslim marriages, Divorces,
Revocations of Divorce and Conversions under Title VI, Book Two of Presidential
Decree No. 1083: otherwise known as the Code of Muslim Personal Laws.

g. Barangay Civil Registration System ~ refers to a strategy to facilitate civil registration
at the barangay level where all the Barangay officials shall assist the City / Municipal
Civil Registrar (C/MCRs) in civil registration work, as stated in Section 394 (d) (5)
R.A. 7160; otherwise known as the Local Government Code of the Philippines.

h. Legal Instruments — refer to the affidavits/affirmations pertaining to civil registration.


Section 5. Duties and Functions of the Civil Registrar General. — Vhe Civil Registrar
General shall have the following duties and functions:

a. Enforce the provisions of this Ac
b. Prepare and issue rules and regulations pertaining to civil registration:
Exercise technical direction and supervision over the City/Municipal Civil

Registrars (C/MCRs) and other Local Civil Registry Officer:
d Give orders and instructions to the C/MCRs on civil registration. 1

Endorse for investigation any complaint for violation of this Act and all
irregularities to the Local Chief Fxecutive and other duly authorized agenc

Reproduce and issue documents under its custody
printing of necessary forms for its compliance:

nd~ to prepare and order the

2, Determine and preseribe standard fees tor civil registry documents.

Section 6. Duties of the City/Municipal Civil Registrar. — The appointment of C/MCRS shall
be mandatory for city and municipal governments,

The C/MCR shall be responsible for the civil registration programs in the local government
unit concemed, pursuant 1 this Act, other existing laws. rules and regulations issued to
implement them,

The C/MCR shall develop plans and strategies and upon approval thereof by the governor oF
mayor. as the case may be. implement the same. particularly those which have to do with civil
revisity programs and projects which the mayor is empowered to implement and which the
Sanggunian is empowered to provide for

The C/MCR shall
4, register all registrable events occurring within their jurisdiction:
by. file registrable certificates and documents presented to them for entry

¢. compile the same monthly and prepare and sends any information required of them by the
Civil Registrar General:

d. issue certified transcripts or copies of any certificate or document registered. upon
payment of the proper fe

tized of all certificates or documents

©. order the binding. properly classified. or di
registered during the year:

£ send to the Civil Registrar General, during the first ten days of each month. a copy of
entries made during the preceding month. for filing in hard and/or soft copies:

2. index the same to facilitate search and identification in ease any information is required:

h. administer oaths, free of charge.

for civil registry purposes:

i. accept all registrable documents and judicial deerees/orders affecting the eivil status of
persons:

j. fil

keep and preserve in a secured place the books required by

ke transcribe and, enter immediately upon receipt all registrable documents and judicial
decrees affecting the civil status of persons in the appropriate civil registry books:

se and after determining that the
ribed period

1. receive applications for the issuance of a marriage ~Ii
requirements and supporting certificates and publication thereof for the pr



E

have been complied with, shall issue the license upon payment of the authorized fee to the
treasurer;

m.coordinate with the Office of the Civil Registrar General in conducting, educational
Campaigns for vital registration and assist in the preparation of demographic and other
statistics for the local government unit concerned;

rn. recommend to the Civil Registrar General systems and procedures relative to the
formulation of policies, rules and regulations on civil registration;

6. submit status reports on the condition of civil registry documents filed in the civil registry
office whenever there are changes of the previous status of files:

p. observe faithful compliance to rules and regulations pertaining to civil registration;

4g. reconstruct destroyed civil registry records upon compliance with the requirements
following the procedures established by the Office of the Civil Registrar General; and

r. make available at all times the civil registry forms in his office.

Section 7. Civil Registry Book ~ The C/MCRs shall keep and preserve in their offices the
following books, in which they shall accordingly make the proper record concerning the civ il
status of persons: (1) Register of Births: (2) Register of Foundlings: (3) Register of Deaths 4)
Reuister of Marriages: (5) Register of Court Decrees or Orders; (6) Register of Legal
Instruments; (7) Register of Applications for Marriage License: (8) Register of Conversion 10
Islam: (9) Register of Muslim Divorces: (10) Register of Revocation of Muslim Divorces: (11)
Register of ICCs/IPs Marriage Dissolutions: (12) Register ICCs/IPs of Revocation of Marriage
Dissolutions: and (13) Register of Administrative Orders.

Section 8. Registration and Certification of Birth The declaration of the physician.
midwife, nurse. attendant at birth, or in default thereof. the declaration of either or both parents
‘or any person who has knowledge of the facts of birth of the newborn child shall be sufficient for
the reuistration of birth in the civil register. The duly accomplished Certificate of Live Birth
(COLB) containing the above declaration shall be submitted for registration to the C/MCR where
the birth oveurred within thirty (30) days from the date of birth by the aforementioned declaring
the following: a.) name of the child: b.) sex; ¢.) date of birth; d.) place of birth: d.) name of
mother: e.) name of father; f.) citizenship of the mother: g.) name of father: h.) citizenship of the
father. i.) date of marriage of parents: j.) place of marriage of parents: and k.) such other data as
required in the regulation to be issued,

Abandoned children or foundling. with parents guardian or relatives being unknown, or
child committed in an orphanage or charitable institution with unknown facts of birth and
parentage, shall be registered by the finder or charitable institution concerned within thitts (30)
Gays from the date of finding or commitment of the child at the C/MCR were the child was
found.

A person who has not been registered with the C/MCR where he was born within the
prescribed period of thirty days may be allowed delayed registration.

A deceased person’s birth may also be registered on a delayed registration basis by his or
her nearest kin.

The informant and affiant must show authentic proof of the identity of the person
registered, the facts of his birth, his parentage and other relevant data.

Out-of-town registration of birth may be allowed.

The record of a person's birth shall be kept strictly confidential and no information
relating thereto shall be issued except upon request of the following:

a. The concerned person himself, or any person authorized by him:


b. His spouse. his parent or parents, or guardian or institution

legally in-charge of him, ifhe

©. The court or proper public officials’ whenever’ absolutely necessary in
«jministrative, judicial or other official proceedings to determine” the identity of the
thild's parents or other circumstance surrounding his birth: and

dd. Incase of person's death. the nearest kin

Section 9. Registration and Certification of Death ~ No human body shall be buried
unless the proper death certificate has been presented and recorded in the MCR.

The physician who attended the deceased or, in his default, the health officer concerned.

or in default of the latter. any member of the family of the deceased. or any peli having
Knowledge of the death, shall report the same to the focal health authorities. who shall i
death certificate and shall order the same to be recorded in the C/MCR.

the death certificate which shall be issued by the attending physician of the deceased or.
in his default, by the proper health officer shall contain the following data which shall be
furnished by the person reporting the death: a) full name of the deceased: 'b) sen; €) age: d) civil
tutus!) nationality: £) date of death: g) place of death: h) cause of death: and i) such other data
which may be required

The surname used by the deceased person, when still living, will be the surname to be
used in the death certificate,

Registration shall be made within thirty (30) days from the time of death in the C/MCR

were the death occurred.

In the absence of the health officer or his authorized representative in the place of
ration. or when it is a not cer or his authorized
spresentative is not expected to be in his office, the death should be reported within forty-eight
Tag) hours after its occurrence by the neatest of kin of the deceased or By any PROS having
Knowledge of the death to the mayor. or any member of the Sangeuntint Bayan or to the
municipal secretary. who shall issue and sign the medical certification portion of the Certificate
of Death for burial and registration purposes

working day and the health of

When the death is under medico-legal examination, or where a case of death is under
investigation by the National Bureau of Investigation (NBI) or other investigative agency of the
government and where the body of the deceased ts subjected to autopsy or examination of the
ve lico-leval officers and the deceased has not heen registered in the place of the death. the head
of the NBI or of other investigative agency of his authorized representative shall cause the
oF ieration of such death through the health officer of the city’ oF municipality where the death
occurred

the medico-legal officer shall accomplish and sign the medical centification or the

certificate or death.

Registration of fetal death shall follow the same procedures in the registration of death

A person who has not been registered within the prescribed thirty (30) day period may be
allowed delayed registration with the C/MCR where he died

Out-of-town registration of death may be allowed.

Section 10, Registration of Marriage License. ~ The local civil registrar concerned shall
enter all applications for marriage licenses filed with him in a registry book strictly in the order
in avhich the same are received. ~ He shall record in said book the names of the applicants. the
date on which the marriage license was issued. such other data as may be necessary

Section 11. Application for Marriage License. ~ All applications for marriaés license
shall be governed by the pertinent provisions of Executive Order No. 209: otherwise known as
the Family Code of the Philippines. as amended.



Section 12. Registration and Certification of Marriage. — All civil officers. priests.
ministers, wali, imam and tribal leaders authorized to solemnize marriage shall send four (4)
copies of the certificate of marriage for registration to the C/MCR where the marriage was
solemnized within fifteen (15) days after marriage. Marriages exempt from license requirement,

shall be registered within thirty (30) days after marriage in the city or municipality where it was
solemnized.

A person whose marriage has not yet been registered with the C/MCR where the
marriage was solemnized or celebrated may be allowed for delayed registration.

Out-of-town registration of marriage may also be allowed

Section 13. Multiple Registration. — In case of multiple registrations of birth, marriag
and death, the first duly registered document shall prevail. However. for multiple marriages
occurring to the same parties, the first marriage shall prevail, not the first registration

Section 14. Registration of Solemnizing Officers. ~ All solemnizing officers shall be
registered with the Office of the Civil Registrar General, except those who are not required as
may be provided by law or existing rules

The C/MCRs may assist the Local Chief Ed
to the existence of religious sect.

utive in determining documents pertaining

Section 15. Registration of Court Orders. ~ In case a court issues an order concerning
the status of a person. it shall be the duty of the clerk of court to advise the successful petitioner
to have the order registered in the C/MCR where the court is functioning.

In the case that another person shall register the order other than the petitioner, the
C/MCR shall verify if the copy of the order is authentic: otherwise. he shall refuse registration
thereof

The local civil registry office where the event of the order was registered shall forward a
certified true copy of the order to the C/MCR where the event affected was originally
registered. The latter shall make the proper annotations in the document and in the applicable
registry book. He shall likewise send a certified true copy of the annotated document and the
registered court order to the Office of the Civil Registrar General

Each corrected document shall be reported to the Office of the Civil Registrar General
during the usual reporting month

All court order shall be registered within fifteen (15) days upon its finality: otherwise it
shalll be considered delayed registration.

All court orders shall be effe
adoption where the child

ed through annotations in the civil registry document
shall be entitled to the issuance of an amended birth

except
certificate.

Section 16. Registration of Adoption. ~ After the court decision on the adoption has
become final and executory. the original birth certificate shall be amended. An amended
certificate of live birth of the adopted shall be issued by the C/MCR where the birth of the
adopted child was recorded. It shall have the same entries as those appearing in the original
records of birth, except for the following items of information:

a.) __Name of the adopted ~ the first name of the adopted child shall be the same in the
original certificate of live birth unless the order of adoption carried an order changing it to
another name. The middle name of the adopted child shall be the same as the middle name of the
adopter, except when the husband and the wife jointly adopted the child, in which case, the
middle name of the adopted shall be the surname of the adopting mother.

The surname of the adopted child shall be that of the adopter. If the husband and wife
jointly adopt the child, the adopted child shall use the surname of the adopting father.


b) Names of parents ~ the name of the natural parents of the adopted child shall be
substituted by the names of the adopting parents whose his or her name shall be indicated in the
appropriate space in the certificate of live birth as the father or mother, as the case may be; and

&) Other information — other information about the adopting parents such as
citizenship and religion shall be indicated in the appropriate space of the amended certificate of
Te Nth The date and place of marriage of the adopting parents shall be entered in the
appropriate space of the amended certificate of live birth of the adopted in ease the husband and
wile jointly made the adoption

ance of an Amended Certificate

In case the adopted child is a foundling, the basis for i
of Live Birth shall be the court order:

Section 17. Registration of Presumptive Death. ~ A judicial order or decree declaring a
person presumably dead shall be registered at the C/MCR where the first marriage was
per stared. For the purpose 0f contracting a subsequent marriage, annotation shall be recorded in
age certificate,

the marriage register as well as in the ma

Section 18. Registration of Court Orders Decided Abroad. — A\l foreign court orders
involving civil status of persons shall be registered in the Local Civil Registry Office of Manila.

Section 19. Registration of Legal Instruments. — As a general rul
shall be registered in the civil registry of the place where they were executed except the
following:

all legal instruments

a) Affidavit of reappearance ~ where the parties to the subsequent marriage are
residing

b) Marriage Settlement~ where the marriage was recorded

©) Admission of Paternity. Acknowledgment, Legitimation. Voluntary Emancipation

of Minor, Attificial Insemination ~ where the birth of the child was recorded.

All egal instruments executed abroad shall be registered in the Office of © ivil Registry in
Manila including all legal instruments which’ may be executed jn the Philippines if the vital
cents referred to in the latter instruments occurred in a foreign country and duly registered with
the Philippine Consulate,

All egal instruments shall be affected through annotation in the civil registry document

Section 20. Registration of Affidavit of Reappearance. — \ swor statement of the fact
and circumstances 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 spouses of the subsequent marriage and without prejudice to the fact of reappearance being
judicially determined in case such a fact is disputed

Soction 21. Registration of Affidavit of Acknowledgment or Affidavit of Admission of
Paternity, — Ws shall be the duty of parents or parent who executed the affidavit of
acknowledgment to send the original copy to the C/MCR where the birth of the child was
fegistered for registration in the Register of Legal Instruments and proper annotation in the
Register of Births.

Section 22, Authorization or Ratification of Artificial Insemination, Chikiren conceived
as result of artificial insemination of the wife with the sperm of the husband or that of donor ot
both are likewise legitimate children of the husband and wife, provided that both of them
authorized or ratified such insemination in a writen instrument executed and signed Py both of

them before the birth of the child

The instrument shall be recorded in the civil register together with the birth certificate of
the child.

Section 23. Option to Elect Philippine Citizenship. ~ The option 10 elect Philippine
citizenship in accordance with Section 1 (3). Article IV of the Constitution shall be expressed in



the statement to be signed and swom by the party concerned before any officer authorized to
administer oaths, and shall be filed and registered at the C/MCR where the instrument was
executed.

Election of the Philippine citizenship executed, subscribed, swom to before the Consular
Officer in the Philippine Embassy abroad. together with his oath of allegiance. shall be registered
at the Local Civil Registrar of Manila,

Section 24. Registration of Repatriation. — The instrament of repatriation and the oath of
allegiance to the Constitution and the Government of the Philippines shall be filed in the C/MCR
\where the instrument was executed. However, if the Philippine citizenship is reacquired by
Naturalization, the order of the court granting citizenship shall be recorded in the Register of
Court Order

Section 25: Registration of Muslim Filipinos, Indigenous Peoples (IPs) and Children
in Need of Special Protection (CNSP). — Muslims Filipinos. IPs and CNSP. by reason of their
socio-cultural, religious, and peculiarities shall be registered as follows

a. Muslim Filipinos civil registration shall be governed by Presidential Decree 1083.
Executive Order 157, and Administrative Order No.1. Series of 200

b. Indigenous Peoples civil registration shall be governed by the Republic Act 8371
and Administrative Order No.3. Series of 2004

e CNSP. civil registration shall follow the procedures provided under OCRG
Memorandum Circular 2004-01 and other promulgations by the OCRG in coordination
With the Department of Social Welfare and Development and other concerned agencies,

Section 26. Barangay Civil Registration System (BCRS). ~ All clected and/or appointed
arangay officials, shall assist in the eivil registration within their area of jurisdiction through the
BCRS whieh the Office of the Civil Registrar General shall issue guidelines governing its
implementation

Section 27. Civil Registry Documents are Public Documents. — The resistry books
making up the civil register and all documents relating thereto shall be considered public
documents and shall be prima facie evidence of the truth of the facts therein contained, They
shall be open to the public during office hours and shail be kept in a secured place which shall be
furnish to the civil registrar at the expense or of the funds ‘of the municipality concerned.

The civil registrar shall not, under any circumstances, permit any document entrusted to
his care to be removed from his office. except by lawful order of a court. in which case the
proper receipt shall be taken.

The civil registrar may issue certified copies of any documents filed. upon payment of
proper fees fixed by the municipal ordinance

Section 28. Expense of the Office of the Civil Registrar, — All expenses in connection
\with the establishment and operations of the civil registrar's office shall be paid out of municipal
funds and for this purpose; the Sanggunian of municipalities or cities concerned shall make the
necessary appropriation available

Section 29. Fees. ~ Registration of births, foundlings, deaths and marriages is mandatory

and compulsory, hence, shall be free of charge.

ive orders, a

For registration of court orders. legal instruments and registrable administra
standard fee shall be collected.

The local government unit may collect reasonable service fees.

For issuance of copies of civil registry documents. a standard fee shall be collected.


Section 30. False Statements. ~ Any person who shall knowingly make false statements
in the forms furnished and shall present the same for entry in the civil registers shall be penalized
with an imprisonment, fine or both upon the discretion of the court.

Section 31. Failure to Report and Other Violations. ~ Any person whose duty is to
report any fact concerning the civil status of persons and who knowingly fails to perform such
duty, and any person convicted of having violated the provision of this Act shall be punished in
accordance with law

Any civil registrar, who fails to properly perform his duties in accordance with the
of this Act and of the regulation issued hereunder. shall be punished in accordance

provision
with law.

\ penalty fee of PS, 000 to P10, 000 or an imprisonment of one year or both shall be
imposed for the Violation of the preceding provisions,

The attending physician, nurse. midwife, hospital administrator, or any person having
been in charge of the certificate of live birth who knowingly fails or withholds the delivery of
copies of the certificate of live birth to the city or municipal civil registrar shall be penalized by
imprisonment of not more than six months. or by a fine of not more than five thousand pesos. or
both, in the discretion of the court

Any priest or minister solemnizing marriage without being authorized by the Civil
sistrar General or who. upon solemnizing marriage, refuses to exhibit his authorization in
force when called upon to do so by the parties or parents. grandparents. guardians or person
having charge: and any bishop or officer, priest. or minister of any church. religion or sect the
regulations and practices whereof require bans or publication previous to the solemnization of
marriage who authorized the immediate solemnization of marriage that is subsequently declared
illeval. or any officer. priest or minister solemnizing marriage in violation of the provision of this
Act shall be punished with imprisonment of not less than six months month but not to exceed
three years, or by a fine not less than one thousand pesos nor more than five thousand pesos or
or all three. upon the diseretion by the

the: revocation of the authority to solemnize marria
court.

Any officer. priest, or minister who fails to deliver copies of the certificate of marriage to
the city or municipal civil registrar within the period fixed by law shall be punished by
imprisonment of not more than six months. or by a fine of not more than five thousand pesos. or
both, in the discretion of the court

Section 32. Mandatory Review, — This Act shail undergo a mandatory review on its
provisions every ten (10) years to make the law more responsive to the needs of times. The
review shall be made by Congress. which shall conduct public hearings and record relevant
testimonies of functionaries in the civil registration system, which shall be the basis of. and
mendment or modification of certain provisions

Section 33. Separability Clause. — Any part or provision of this Act shall be held to be
invalid of unconstitutional. other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect

Section 34. Repealing Clause. — All laws. rules. regulations. orders. memoranda or
circulars inconsistent with this Act are hereby repealed or modified accordingly

Section 35. Retroactivity. — This Act shall have retroactive effect insofar, as it does not
prejudice or impair vested or acquired rights

ation in

Section 36. Effeetivity. — This Act shall take effect fifteen (15) days after publ
the Official Gazette or in any two (2) national newspapers of general circulation.

Approved.