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False Info on Birth Certificate

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1 False Info on Birth Certificate on Wed Feb 06, 2013 5:58 pm

depresso


Arresto Menor
Here's my case.

Anak ako nina "Mother 1" at "Father 1". Since hindi sila kasal (at kahihiyan daw sa pamilya), dinala nila ako sa ibang lugar sa pilipinas at sa civil registrar sa lugar na yun ako pina-register. Pero imbes na under sa biological parents ko, ipinangalan ako bilang anak ng kapatid ni "Mother 1" at kanyang asawa. At nakalagay doon na 2nd born ang birth order ko, samantalang panganay naman talaga ako. Yang records na yan din ang nasa NSO. Ang gusto kong mangyari ngayon, makakuha ng kopya ng totoong birth certificate ko na nakalagay ang pangalan ng mga totoong magulang ko. Ang lumalabas ngayon, tita ko ang biological mother ko. At hindi ko kilala ang bioligical father ko. Tumawag ako sa civil registrar ng city kung saan ako pinanganak pero hinihingan ako ng court order para ilabas daw nila ang birth records ko. Pero dahil legal ang pagkakapangalan sakin bilang anak ng kapatid ng nanay ko, wala akong court order na maipapakita. Pwede kayang magpa-maternal DNA test ako at ipa-suri sa doctor ang totoong birth order ko tapos dalhin ko yan sa korte para sila na ang kumausap sa nanay ko para malaman ko na yung tunay kong pagkatao?

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2 Re: False Info on Birth Certificate on Thu Feb 07, 2013 8:54 pm

HTC_skid


Arresto Menor
I think the remedy here is to file a case for filiation. Question

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3 Re: False Info on Birth Certificate on Thu Feb 07, 2013 9:08 pm

depresso


Arresto Menor
Do you know where I can get more information about Filiation? And if ever my mother doesn't want to acknowledge me as her daughter, is there such thing as "demand her for a maternal DNA test" coming from the court? Since she's really denying me as her daughter, instead introduces me to everyone as her niece. Seems like she hates me big time for being her daughter out of wedlock.

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4 Re: False Info on Birth Certificate on Thu Feb 07, 2013 9:15 pm

jd888


moderator
Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.


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5 Re: False Info on Birth Certificate on Thu Feb 07, 2013 9:21 pm

depresso


Arresto Menor
Ok. Still hard for me to understand completely. I guess I'll find a lawyer and discuss this topic w/ him. I will post here whatever is the outcome of my consultation, hopefully could help others who have the same problem as mine. Thanks! Smile

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6 Re: False Info on Birth Certificate on Thu Feb 07, 2013 10:26 pm

attyLLL


moderator
depresso, the answer is yes, you can file a petition for correction or cancellation of your birth certificate. if your bio mother won't acknowledge you, then a motion for dna testing can be filed to compel them.


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7 Re: False Info on Birth Certificate on Thu Feb 07, 2013 10:30 pm

depresso


Arresto Menor
Thank you so much. I will start working on it by Monday.

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8 Re: False Info on Birth Certificate on Fri Feb 08, 2013 3:42 am

depresso


Arresto Menor
Follow up question:

If I'm going to file for Filiation, one thing I don't want to happen is that my uncle (father in birth certificate) will be charged with "Simulation of Birth" which is a criminal act under RA 8552, with a sanction of 8 years imprisonment. Is there a way that he won't be charged of this offense?

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9 Re: False Info on Birth Certificate on Mon Feb 11, 2013 8:36 am

attyLLL


moderator
anyone can file a case against him. that's an open risk if you proceed.


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