Registration of Legal Instruments

Registration of Legal Instruments

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 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 teh 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; and 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 spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

Affidavit of Acknowledgment / Affidavit of Admission of Paternity

1. It shall be the duty of te parents or parent who executed the instrument of acknowledgment to send the original copy to the civil registrar of the municipality where the birth of the acknowledged child was registered not later than 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 3 August 1988, shall bear by virtue of the acknowledgment, giving reference to the entry number in the Register of Legal Instruements.

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 "Aknowledged 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 3 August 1988, the remarks "Family name changed to _________ " is not applicable.

Legitimation by Subsequent Marriage of Parents

1. Only children conceived and born outside of wedlock of parents who, at the time of the conception of teh former, were not disqualified by any impediment to marry each other, may be egitimated.

2. Legitimation of children by subsequent marriage of parents shall be recorded in teh civil registry office of teh place where the birth was recorded. The requirements for registration of legitimation of illegitimate children are:

a) Certificate of Marriage;

b) Certificate of Live Birth of the child;

c) Acknowledgement (not required for illegitimate children born on or after 3 August 1988)

d) Affidavit of legitimation executed by both parents which shall contain the following facts:

          1) the names of the parents;
          2) that at the time when the child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage;
          3) the date and place when such marriage was solemnized;
          4) the name of the officer who officiated the marriage;
          5) the city or municipality where such marriage was recorded;
          6) the name of the child to be legitimated, and the other facts of birth;
          7) the date and place where the birth of the child was registered; and
          8) the manner by whci the child was acknowledged by the parents which may be in teh child's record of birth, in a will, a statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3 August 1988).

3. For a child to be considered legitimated by subsequent marriage, it is necessary that:

a) that parents could have legally contracted marriage at the time the child was conceived;

b) that the child has been acknowledged by the parents before or after the celebration of their marriage; and

c) the acknowledgment has been made with the consent of the child, if of age, or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing.

For questions & clarifications, send e-mail to the Civil Registry Operations Division.

Page Last Updated: March 22, 2000