Republic of the Philippines / "N
HOUSE OF REPRESENTATIVES i: Y RECEIVED i)

Quezon City

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Nineteenth Congress
First Regular Session

HOUSE BILLNo._2366

Introduced by Hon. Charisse Anne C. Hernandez

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EXPLANATORY NOTE

The purpose of this bill is to provide for the permanent validity of the certificates of live birth,
death and marriage issued, signed, certified, or authenticated by the Philippine Statistics Authority
(PSA), the local civil registry offices and the National Statistics Office (NSO).

ICs a practice of the Philippine Statistics Authority that some features ofa docuscent such as
the color of the SECPA wherein the document is being printed are changed over time to prevent the
falsification of documents. Because of this feature, although certificates mentioned above have no
expiry per se, it became common practice that most government agencies and employers only
accept: (1) certificates with the latest SECPA, and (2) issued within the last six (6) months. As a
result, it became a constant requirement for applicants to request for new certified true copies of
said certificates every six (6) months hence placing undue burden to the government mechanism and
to the Filipino people. Said practice is plainly a waste of resources.

This bil has already been filed, consolidated, amended, passed the third reading and
submitted for approval to the president during the 18° Congress. The people have already spoken
in representation through the unanimous approval of the past congress. Unfortunately, it has not
passed into aw.

In view of the foregoing, the approval of this bill is earnestly sought.
CHARISSE C.HERNANDEZ
Lone District, Calamba City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 23 86

Introduced by Hon. Charisse Anne C. Hernandez

AN ACT
PROVIDING FOR THE PERMANENT VALIDITY OF THE CERTIFICATES OF LIVE
BIRTH, DEATH, AND MARRIAGE ISSUED, SIGNED, CERTIFIED, OR
AUTHENTICATED BY THE PHILIPPINE STATISTICS AUTHORITY (PSA) AND ITS
PREDECESSOR, THE NATIONAL STATISTICS OFFICE (NSO) AND THE LOCAL,
CIVIL REGISTRIES, AND THE REPORTS OF BIRTH, DEATH, AND MARRIAGE
REGISTERED AND ISSUED BY THE PHILIPPINE FOREIGN SERVICE POSTS

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

assembled:

SECTION 1. Short Title. — This Act shall be known as the “Permanent Validity of the
Certificates of Live Birth, Death, and Marriage Act.”

SEC. 2. Declaration of Policy. ~ it is the policy of the Statc to establish an cficctive
system for providing copies of civil registry documents to all its citizens. The State likewise promotes
efficiency and economy by removing duplicitous processes and requirements involving the issuance
and use of those documents. Towards this end, the State shall enforce the permanent validity of the
certificates of live birth, death, and marriage issued, signed, certified, or authenticated by the
Philippine Statistics Authority (PSA) and its predecessor, the National Statistics Office (NSO), and
the local civil registries, and the reports of birth, death, and marriage registered and issued by
Philippine Foreign Service Posts and transmitted to the PSA.


SEC. 3. Permanent Validity. — The certificates of live birth, death, and marriage issued,
signed, certified or authenticated by the PSA and its predecessor, the NSO, and the local civil
registries shall have permanent validity regardless of the date of issuance and shall be recognized and
accepted in all government or private transactions or services requiring submission thereof, as proof
of identity and legal status of a person: Provided, That the document remains intact, readable, and
still visibly contains the authenticity and security features: Provided, firrther, That this is without
Prejudice to an administrative or judicial correction that may be conducted pursuant to Republic Act
No. 9858 entitled, “An Act Providing for the Legitimation of Children Bom to Parents Below
Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended”,
Republic Act No. 9048 entitled, “An Act Authorizing the City or Municipal Civil Registrar or the
Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First
Name or Nickname in the Civil Register Without Need of a Judicial Order, Amending for this
Purpose Articks 376 and 412of the Civil Code of the Philippines”; Republic Act No. 10172
cntiled, “An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to
Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a
Person Appearing in the Civil Register Without Need of'a Judicial Order, Amending for this Purpose
Republic Act Numbered Ninety Forty-Eight”; and Republic Act No, 9255 entitled, “An Act
Allowing Miegitimate Chikiren 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,” or in
accordance with other existing laws, rules and regulations, and judicial decrees: Provided, finally,
That the permanent validity of the Certificate of Marriage is applicable only in an instance where the
marriage has not been judicially decreed annulled or declared void ab initio as provided for under
the “Family Code of the Philippines” or any subsequent amendatory law on marriage. In cases when
the texts on the certificate appear illegible, or an administrative correction or a judicial decree has
been approved, the concerned person shall this submit the new, amended, or updated certificate.

This provision likewise applies to report of birth, death, or marriage registered and issued by
the Philippine Foreign Service Posts, and transmitted to the PSA.

SEC. 4. Issuance of Civil Registry Documents; Reports of Philippine Foreign
Service Posts. — The permanent validity herein declared notwithstanding, no person whose
information on the occurrence and characteristics of vital events is registered in the civil registry, or
the persun’s authuriaed representative, shall be prevenicd fom securing a cupy of civil regsiry
documents in such number of prints or as offen as necessary, subject to applicable payment of
relevant fees prescribed by the PSA, the local civil registries and the Philippine Foreign Service


Posts. The initial issuance of a certificate, request for replacement due to loss or damage, and
reissuance upon presentation of a Certificate of Indigency from the Department of Social Welfare
and Development (DSWD), shall be free of charge: Provided, That the Certificate of Indigency shall
be based o1

¢ DSWD Listahanan in the subsequent reissuances.

This provision likewise applies to requests for the issuance of reports of birth, death, and
marriage by the Philippine Foreign Service Posts.

SEC. 5. Prohibition Against Requiring a New Copy of a Certificate. ~ National
government agencies and instrumentalities, government-owned and controlled corporations, local
government units, private companies, private and public educational institutions, and other
nom government entities are prohibited ftom requiring the submission of another or newer copies of
certificates of live birth, death, or marriage, and reports of birth, death or marriage when a valid
certificate can already be presented.

SEC. 6. Non-Availabilily of PSA-Issued Certificate. ~ in all cansactions or services
where a copy of the certificates of live birth, death, or marriage, or reports of birth, death, or
marriage is required and a PSA-issued certificate is not available, it shall be sufficient for the person
concerned or the authorized representative to submit to the end-user agency, company or entity the
original or a certified true copy of the original certificates of live birth, death, or marriage issued and
signed by the local civil registrar, or NSO certificates printed in security paper and has the Birth
Reference Number or BReN code and barcode.

This provision likewise applies to reports of birth, death, and marriage issued by the
Philippine Foreign Service Posts.

SEC. 7. Submission of Other Documents. — The submission of a PSA- authenticated
birth certificate shall be without prejudice to the submission of other supporting documents that the
end-user agency, company or entity may use in determining the identity of applicants, particularly
those classified as special cases such as dual citizens, persons with dissolved marriages, and those

with laic registered certificates of live birth,

SEC. 8. Civil Registry Database. — Within six (6) months from the effectivity of this Act,
the PSA shall, in coordination with the Department of Information and Communications Technology
(DICT), develop 4 civil reyblry database and establish vitual viewing facility in heal civil repistries
and in the Philippine Foreign Service Posts, to verify the authenticity of the certificates of ive birth,
death, or marriage, and the reports of birth, death, or marriage, respectively. The facility shall


incorporate such controls and safeguards as are appropriate and necessary, to ensure that only
authorized personnel have access to the facility, and the confidentiality of the information is protected
at all times, in accordance with the relevant provisions of Presidential Decree No. 603, or the “Child
and Youth Welfare Code” as amended, and Republic Act No. 10173, or ihe “Data Privacy Act of
2012." The PSA may charge reasonable fees for the use of the virtual viewing facility.

To maximize the ease and convenience offered by teckmological advancements, the PSA
sini coutimedly upgrade its virtual viewing fifty and privritiae ihe migration of ts civil reyisiry
database into a filly digitized system. It shall likewise adopt appropriate policies relative to the
submission of the certificates of live birth, death, or marriage, and the reports of birth, death, or
marriage, towards facilitating the process of data registration.

SEC. 9, Penalty. — Any person who violates Section 5 of this Act shall, upon conviction,
be punished with imprisonment of one (1) month and one (1) day to six (6) months or a fine of not
ess than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), or
boih,

discretion of the court,

If the violation is committed by a public official or employee, an accessory penalty of
temporary disqualification to hold public office shall likewise be imposed.

If the violation is committed by a corporation, partnership, or association, the board of
director, partner, trustee, official, or employee who directly or indirectly participated in the
commission of the unlawfil act provided under Sec. 5 hereof, shall be liable.

A criminal lability as provided under Republic Act 9485, or the “Anti-Red Tape Act of
2007” shall be imposed on “fixers” defined under the law, as any individual, whether or not officially
involved in the operation of a government office or agency, who has access to people working

therein, and whether or not nm collusion with them, facilitates the speedy completion of transactions

for pecuniary gain or any other advantage or consideration.

SEC. 10. Appropriations. — The amount necessary for the initial implementation of this
Act shall be charged against the current year’s appropriations of the PSA. Theteafier, such sums as
may be necessary for the implementation of this Act shall be included in the annual General
Appropriations Act.

SEC. ii. Impiementing Rules and Reguiations. ~ Within sixty (60) days from the
effectivity of this Act, the National Statistician shall, in coordination with the Secretaries of the


Department of Foreign A flairs and the DICT, and the President of the Philippine Association of Civil
Registrars, promulgate the necessary rules and regulations for the effective implementation of this
Act.

SEC. 12. Separability Clause. ~ If any provision, section, or part of this Act shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate, or impair other

provisions, sections or parts hereof

SEC. 13. Repealing Clause. — All other laws, rules and regulations, orders, circulars, and
other issuances or parts thereof, which are inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

SEC. 14, Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,