HOUSE YW REPRE!
RECENCLD
Republic of the Philippines

HOUSE OF REPRESENTATIVES — DATEg.g cep. 2048
Quezon City, Metro Manila v0!

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BY: (A
RECISTR NTION UNIT
§ AND INT ¥-S72\

SEVENTEENTH CONGRESS

First Regular Session

uouse BiLLNo, 38514

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D, ROMUALDO-

EXPLANATORY NOTE

The late Representative Pedro P, Romualdo originally filed a version of this bill in the 15"
Congress. This bill was then re-filed in the 16" Congress. The Explanatory Note of the late
Representative Romualdo is herein reproduced and adopted as the explanation for the filing of

this bill

‘The proposed measure concerns the exemption of indigent petitioners from the
publication requirement of Republic Act No, 9048, as amended by Republic Act No
10172 which was approved into law on August 15, 2012 by His Excellency,
President Benigno S, Aquino IIL

To avoid nefarious activities just to get away with the publication requirement, any
indigent petitioner to avail of the exemption provided in this Act shall secure a
Certificate of Indigency from the Office of the Local Social Welfare and
Development Officer where the petition is being lodged and shall submit the same
with the petition for the change of first name or nickname, or for correction of
erroneous entry concerning the day and month in the date of birth or the sex of a
person at the Office of the Local Civil Registrar prior to processing of the petitioner’s
application

Upon receipt of the petition and the Certificate of Indigency, the Local Civil
Registrar shall cause the printing of the name of the petitioner and the posting of the
name in two (2) common areas already identified in the Implementing Rules and
Regulations to show to the whole world and provide third parties or the general
public to file an opposition against said petition

Many potential petitioners would like to rectify the problem of their birth or civil
registration records upon discovery however they cannot carry out their intention
with the high cost of publication which they cannot totally afford

This proposal would provide our indigent petitioners the opportunity to apply and
rectify their birth records from the Local Civil Registrar with less cost considering
the importance of our birth records in many legal transactions

In view of the foregoing, the support of the Members of Congress for the prompt and timely

passage of this proposed measure is earnestly requested,

KO pew

XAVIER JESUS D. ROMUALDO


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

SEVENTEENTH CONGRESS
First Regular Session

3514

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

AN ACT
AMENDING REPUBLIC ACT NO. 9048, AS AMENDED, BY EXEMPTING
INDIGENTS FROM THE PUBLICATION REQUIREMENT THEREOF AND
CHANGING THE PENALTIES PROVIDED THEREIN, AND FOR OTHER PURPOSES,

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

SECTION 1. Section 5 of Republic Act (RA) No. 9048, as amended, is hereby further

amended to read as follows:

Section 5. Form and Contents of the Petition. — The petition for correction
of a clerical or typographical error, or for change of first name or nickname, as the
case may be, shall be in the form of an affidavit, subscribed and sworn to before
any person authorized by law to administer oaths, The affidavit shall set forth facts
necessary to establish the merits of the petition and shall show affirmatively that the
petitioner is competent to testify to the matters stated, The petitioner shall state the
particular erroneous entry or entries, which are sought to be corrected and/or the

change sought to be made

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the

registry book containing the entry or entries sought to be corrected or changed;

(2) At least two (2) public or private documents showing the correct

entry or entries upon which the correction or change shall be based; and


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(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary for the

approval of the petition,

No petition for correction of erroneous entry concerning the date of birth or
the sex of a person shall be entertained except if the petition is accompanied by
earliest school record or earliest school documents such as, but not limited to,
medical records, baptismal certificate and other documents issued by religious
authorities; nor shall any entry involving change of gender corrected except if the
petition is accompanied by a certification issued by an accredited government
physician attesting to the fact that the petitioner has not undergone SEX
REASSIGNMENT THERAPY OR SURGERY [sex change or sex transplant. The
petition for change of first name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex of a person, as the case
may be, shall be published at least once a week for two (2) consecutive weeks in a

newspaper of general circulation].

[Furthermore, the petitioner shall submit a certification from the appropriate

law enforcements, agencies that he has no pending case or no criminal record]

The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil registrar,
or the consul general; second copy to the Office of the Civil Registrar General; and

third copy to the petitioner.

THE PETITION FOR CHANGE OF FIRST NAME OR NICKNAME, OR
FOR CORRECTION OF AN ERRONEOUS ENTRY CONCERNING THE DAY
AND MONTH IN THE DATE OF BIRTH OR THE SEX OF A PERSON, AS
THE CASE MAY BE, SHALL BE PUBLISHED AT LEAST ONCE A WEEK

FOR TWO (2) CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL


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CIRCULATION. HOWEVER, IF THE PETITIONER IS AN INDIGENT, SUCH
PUBLICATION SHALL NOT BE REQUIRED; PROVIDED, THAT THE
PETITIONER SHALL SECURE A CERTIFICATE OF INDIGENCE FROM THE
SOCIAL WELFARE OFFICER OF THE CITY OR MUNICIPALITY WHERE
HE OR SHE RESIDES AND FILE THE SAME WITH HIS OR HER PETITION,
PROVIDED, FINALLY, THAT THE CITY OR MUNICIPAL CIVIL
REGISTRAR TO WHOM SUCH PETITION IS PRESENTED SHALL KEEP A

DISTINCT AND SEPARATE RECORD FOR INDIGENT PETITIONERS.

SEC. 2. Section 6 of the same Act, as amended, is hereby further amended to read as

follows:

Section 6. Duties of the City or Municipal Civil Registrar or the Consul
General, ~ The city or municipal civil registrar or the consul general to whom the
petition is presented shall examine the petition and its supporting documents, He
shall post the petition in a conspicuous place provided for that purpose for ten (10)
consecutive days after he finds the petition and its supporting documents sufficient
in form and substance. IN ADDITION, SUCH CITY OR MUNICIPAL CIVIL
REGISTRAR, IN THE CASE OF AN INDIGENT PETITIONER WHOSE
PETITION FOR CHANGE OF FIRST NAME OR NICKNAME, OR FOR
CORRECTION OF ERRONEOUS ENTRY CONCERNING THE DAY AND
MONTH IN THE DATE OF BIRTH OR THE SEX OF A PERSON, AS THE
CASE MAY BE, IS EXEMPTED FROM THE REQUIREMENT OF
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION, SHALL
CAUSE THE POSTING OF A COPY OF THE PETITION FOR TWO (2)
CONSECUTIVE WEEKS IN TWO (2) PUBLIC PLACES IN THE CITY OR
MUNICIPALITY WHERE THE RECORD BEING SOUGHT TO BE
CORRECTED OR CHANGED IS KEPT AND/OR WHERE THE PETITION

WAS FILED.


‘The city or municipal civil registrar or the consul general shall act on the petition
and shall render a decision not later than five (5) working days after the completion
of the posting and/or publication requirement. He shall transmit a copy of his
decision together with the records of the proceedings to the Office of the Civil

Registrar General within five (S) working days from the date of the decision.

SEC. 3. Section 9 of the same Act, as amended, is hereby further amended to read as

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follows:

Section 9, Penalty Clause. - IN ADDITION TO THE LIABILITIES
ATTACHING FOR THE COMMISSION OF ANY OTHER FELONY OR
CRIMINAL OFFENSE, a person who violates any of the provisions of this Act,
INCLUDING ONE WHO, THROUGH FALSE OR FRAUDULENT
REPRESENTATIONS OR DECLARATIONS OR BY OTHER FRAUDULENT
MEANS, DISHONESTY, OR DECEIT, OBTAINS OR CAUSES TO OBTAIN
FOR ANOTHER EXEMPTIONS PROPER ONLY FOR BONA FIDE
INDIGENTS, shall, upon conviction, be penalized by imprisonment of not less than
six (6) MONTHS [years] but not more than SIX (6) [twelve (12)] years, or a fine of
not less than FIFTY THOUSAND PESOS (PS0,000.00) [Ten thousand pesos
(P10,000,00)] but not more than TWO HUNDRED THOUSAND PESOS
(P200,000.00) [One Hundred Thousand pesos (P100,000.00)], or both, at the

discretion of the court.

In addition, if the offender is a government official or employee, he OR SHE shall
suffer the PENALTY OF REMOVAL FROM GOVERNMENT SERVICE AND
PERMANENT DISQUALIFICATION FROM PUBLIC OFFICE OR
EMPLOYMENT [penalties provided under civil service laws, rules and

regulations]


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SEC. 4, Implementing Rules and Regulations. — The National Statistician, as the Civil
Registrar General, in consultation with the Department of Social Welfare and
Development, Department of Justice, the Department of the Interior and Local
Government, and the Philippine Association of Civil Registrars, shall promulgate the
rules and regulations for the implementation of the amendments to RA No. 9048 as
introduced by this Act not later than one hundred eighty (180) days from the effectivity

of this Act.

SEC, 5. Separabiliy Clause, ~ If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall continue to be in full

force and effect,
SEC. 6. Repealing Clause, ~ All laws, decrees, executive orders and issuances, rules and
regulations, and other issuances, or parts thereof, that are inconsistent with the provisions of this

Act are hereby repealed or modified accordingly

use. — This Act shall take effect fifteen (15) days after its

SEC. 7. Effectivity C

publication in the Official Gazetter or newspaper of general circulation

Approved,