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Fake Marriage Contract to Support Illegitimate Child's Birth Certificate

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ea1965


Arresto Menor
A. A married man had a child from another woman. In his desperation to give his Family Name to the child, he decided to submit a fake Marriage Contract bearing his name and the illegitimate child's mother's name as needed by the hospital where the child was born as supporting paper for the child's live birth registration.

Query:
1. Is the child's Birth Certificate legal?
2. What possible action should be done to rectify this error and how?

B. The mother who is a widow (by the legal husband), is planning to travel outside the country and wants to take along the illegitimate child with her. Naturally, the mother should use her legal name of which bore her deceased husband's Family Name but one of the required documents for the child's VISA is this:

5. PROOF OF RELATIONSHIP (if applying with/for dependent/s)
Original marriage certificate printed on Philippine National Statistics Office security paper, if applicable (if applying with a spouse and/or child)
Original birth certificate printed on Philippine National Statistics Office security paper (for dependent/s)


Query:
1. What legal procedure should the mother of the illegitimate child should make to comply with the above requirement?

Thank you for this very helpful site. More power.

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attyLLL


moderator
yes but erroneous, court petition for correction of birth certificate

correct the birth certificate first


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ea1965


Arresto Menor
Are the parents of the illegitimate child liable for faking the Marriage Contract?

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attyLLL


moderator
yes, if it can proven that they were responsible for it.


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seveneleven2012


Arresto Menor
about this one attorney,
what will happen if it is proved thst the psrents were responsible of fake information in a birth certificate?

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attyLLL


moderator
they can be charged for falsification and simulation of birth


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7 same on Tue Jun 12, 2012 1:43 pm

seveneleven2012


Arresto Menor
who will charged them attorney if ever proven that the parents were involve in falsification?

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Jennifer1966


Arresto Menor
A rejoinder po, is declaring the child legitimate in the BC despite of no marriage between the parents constitute as falsification of public documents? Will the mother be held liable since she is the informant as recorded in the authenticated NSO issued BC?

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attyLLL


moderator
seven, anyone who is interested in filing a case against them

jennifer, imo, it is either falsification or simulation of birth. it is possible, but handled properly, the risk is mitigated.


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