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2 Birth Certificates - Need advice what option to take

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mjwinxsky


Arresto Menor
Problem with Birth Certificate


Ask ko lang po advice nyo regarding sa problem ng wife ko sa birth certificate nya..mejo mahaba ang kwento ko so pilitin ko na summary lang ang sabihin ko dito..anyway, ang issue namin is nalaman namin na 2 pala ang birth certificate nya..and ang problema is yung birth certificate na ginamit nya simula nung bata sha like sa school records and marriage certificate namin is yung original birth certificate nya na alam namin na tama..kaya lang nung kumuha kami ng nso copy ng birth certificate nya ay iba ang lumabas..iba sha dun sa version na ginamit nya simula nung bata sha..nun lang namin nalaman na 2 pala ang birth certificate nya..yung una is yung kinuha from their town pero hindi naman talaga sha don pinanganak and yung pangalawa is yung tamang version na kinuha dun sa town na totoong birth place nya..kaya lang since may rule sa nso na yung 1st registration ang dapat ihonor, yung maling birth certificate nya ang nagkaron ng nso copy..so yung ginamit nya pala since bata sha is hindi existing sa nso..and ang problema is yung naregister na copy ng birth certificate nya sa nso is madaming errors..
1. mali yung spelling ng name nya
2. mali yung date of marriage ng parents nya and
3. mali yung birthplace nya
meron na kami mga options na naconsider pero gusto sana namin humingi ng legal advice nyo if ano ang best option na dapat namin kuhanin.. eto yung mga options na sinabi samin nung nagtanong kami sa municipal office nila..

a. mag request for correction of mispelled name and incorrect date of marriage ng parents nya - ang downside lang dito is kelangan na namin gamitn yung birthplace nya na mali and magiging incosistent sha sa ibang documents like TOR, marriage contract, etc.
b. file for a Cancellation or Correction of Entries in the Civil Registry.. - if ito naman, i'm sure magiging lengthy ang process and it will cost a lot of money since it requires the service of a lawyer and there will be judicial hearings.. but if this will clear everything, willing naman kami na itake sha..gusto ko lang sana malaman magkano kaya ang magagastos namin all in all and gano katagal sha?

any advice will be appreciated. thanks in advance!


mj

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jd888


moderator
The first NSO Archive and Entry based on Civil Registrar shall be used; this is difficult but it is the standard practice, unless you will resort to a more lengthy and tedious court process.

A birth certificate is a document which establishes the birth of a person and gives information on such birth such as the date and place of his birth, the names and date of marriage of her parents. As one of the means in authenticating the identity of a person, it is not appropriate to have more than one birth certificate.

You said that her birth was registered twice based on NSO Records and Film Archives. This being so, the birth certificate that you should use is the one that is first registered. The second registered birth certificate should be cancelled in accordance with Section 1 of Rule 108 of the Rules of Court, to wit:

You cannot argue with this.

It is either you have to appeal all concerned parties to change the records of your wife using the details on second Birth Certificate such as schools and other institutions or you have to supply proofs and affidavits of disinterested parties to argue the correctness of the second Birth Certificate, then you need a Lawyer for this one.

“Rule 108

Cancellation or Correction of Entries in the Civil Registry

Section 1. Who may file petition. – Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating there, with the Court of First Instance (now Regional Trial Court) of the province where the corresponding Civil Registry is located.”

Hence, your wife may file a petition for the cancellation of her second birth certificate before the Regional Trial Court of the place where it was registered. The concerned Civil Registrar and all the persons who have or claim any interest which should be affected thereby shall be made parties to the proceeding (Section 3, Rule 108). A notice of the petition shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the said province (Section 4, id.). Since there is an error as to the date of marriage of her parents in her first registered birth certificate, you may join this as a cause of action in the petition for cancellation of the second birth certificate. If the court is satisfied with your petition, it may, upon due notice and hearing, issue an order granting the cancellation or correction prayed for (Section 7, id.)


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mjwinxsky


Arresto Menor
hi jd888,

thanks for the advice..appreciate it..

mj

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jd888


moderator
Welcome. Goodluck.


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master0fn0ne


Arresto Menor
Dear Lawyers (or Philippine Law Experts)
I'm having the same problem..not quite but related

I was registered twice.
The first time was at the hospital, in Manila
The second time was a late registry in the province, by my grandfather
My parents were not married and my grandfather, not knowing I was already registered right after giving birth in Manila, for some bizarre reason, registered me with the local civil registrar on our province.

Fast forward 20+ years later.
I am working overseas, all my records are of my second registration, including passport and overseas records, until recently i requested Teleserve for a copy of my birth certificate.
BOOM!
I discovered I had a previous registration, my parents' name were correct, but the first name and place of birth, I have never seen before.

I know this would be very cumbersome and tedious to correct. I would like to know what other course of action I can take.
This would be very helpful to me.
Thank you in advance

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jd888


moderator
@master0fn0ne i sent you a PM


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master0fn0ne


Arresto Menor
@jd888
thanks a lot.

I'm a bit weary, and would rather stay where I'm working right now than repatriate and follow the long course.

My dilemma: Since NSO Certificates are the most basic requirement for almost everything, I may not find work if I repatriate. I may not purchase properties on my own name...etc

Is there any way I can process this overseas?

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jd888


moderator
I recommend that you should continue using the 2nd Document since all of your Travel Documents are in connection with the 2nd one.

I do not see a need for RUSH for this, finish your contract if you are under contract; then process this personally.

I am sensing that if your whereabout will be questioned and the manning agency who hired you will be compelled to state their stand regarding your employment, you will be dimissed for issuance of false information regardless if you are aware or not of this records prior to your employment.

Yes you may process this with the help of a relative using a Special Power of Attorney, but this will open doors to more question especially with the documents submitted to the POEA in connection with your employment.

I recommend that you should personally take care of this at your most convenient time.


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master0fn0ne


Arresto Menor
Thanks a lot jd88
This has been very helpful to me.

on a side note though, if somebody who is with the same scenario as mine applies for a; (a) name change or (b) naturalization / renunciation of previous citizenship, will any of these supersede the erroneous input with the NSO?

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jd888


moderator
Yes, it shall Supersede.


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master0fn0ne


Arresto Menor
so RA 9048 will take care of it?
I mean, if I changed my "real" first name onto the one I'm currently using?

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jd888


moderator
As long as you can manage to collect all supporting materials in connection with clerical or typographical errors.


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tishy


Arresto Menor
hello po,
halos ganito din po problem ko now kso medyo complicated ata... nagkaanak po kc ako sa iba after naming maghiwalay mag asawa but then ginamit ko ung surname ng husband ko for my childs birth certificate... then i entered another relationship in which i agree with my partner na pa late registration namin ung anak ko using my live in partner surname... so that was the 2nd birth certificate which was used sa school entries nya... now i wanted to correct this mistake... gusto ko po sana gamitin ng anak ko ung apelyido ko ng pagkadalaga kc po my real husband filed for annulment and he obviously denounced being a father to my son.... then nakipaghiwalay na din po ako sa live in partner ko....iniisip ko po kc na after series of hearing, sooner or later pag na grant ung annulment , ggamitin ko na uli ung maiden name ko and so i wanted to be sure na all my benefits can be availed by my son... please advice po what to do
1. how can i correct entries in the school
2. how to cancel the 2nd birth certificate kc baka po makasuhan ako... im scared....

thanks po sir

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amor888


Arresto Menor
Hello am new here and very much need your help.

Here is the story:

My mom was married before to my biological father around the 70's. After bearing 2 children, they separated and have been for the past 25 or so years. My mother's name on her birth certificate is different than what she has used in all of her documents from baptismal, to passport, to school records. She got a passort though late registering a birth certificate via NSO.

Now here's the problem:
She met a german guy and married him. She was able to get a CENOMAR from NSO, since she used her latter birth certificate. However, the German Embassy recovered her initial birth certificate. Hence, the German visa was put on hold.

This is a very stressing predicament and I do not know what to do. Can you please help us?

Thanks and God bless.
-Amor

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yramann1184


Arresto Menor
same case ako kay tishy single parent ako ngayon sa anak ko.,


First Registration: Surname ng father nya yung gamit., pero hindi
kami kasal nung father ng anak ko, after 3yrs
nahiwalay kame..

Second Registration: Nagkaron ako ng live in partner kinasal kami,
we decide na palitan un surname ng anak ko
thru late registration.,

Sa ngayon un B.C na gamit ng anak ko sa school nya is yun Second Registration.., Hiwalay na kami ngayon ng asawa ko.. Wala din ako natatanggap na financial support.. At wala na rin kami pag asa magbalikan.. Gusto ko ng maitama un birth certificate ng anak ko..
Ano dapat ko gawin para ma-correct yun birthcertificate nya., possible ba na maiden name ko na lang ang gamitin nya tutal wala naman financial support sa father nya simula nung maghiwalay kame 6yrs ago.. hoping for your advice.

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attyLLL


moderator
the first registration is the correct birth certificate


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17 2 registered birth certificates on Mon Oct 14, 2013 8:53 pm

jrnavarrosa


Arresto Menor
Good day to you sir/mam,

I am well aware that I need to petition in court regarding the cancellation of the first birth certificate filed by the "hilot" and be replaced by the "late registration" birth certificate that I used in all of my documents.

My question is that, how many months it would take for this, because I am applying for registration without examination for my PRC license. The deadline for submission is on May 14, 2014.

Thank you.

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jeff@2112


Arresto Menor
Hi po good day. I would like to share a situation of my girlfriend regarding on her nso birth certificate which is double registration. First nong una naming punta ng nso her record is tama which is sarah romero pero ang problem po is yung religion niya at birth place so she decided po na ipabago. So forward po tayo after that bumalik po kami to change the religion para nga po makakuha ng passport. Pero po biglang may lumabas record na sarah bautista which is complete details po ng mother niya pero iba po yung father niya pati po birth place at religion. So pumunta po kme ng city hall to check pero ang lumalabas po talaga is sarah bautista. Pero yung sarah romero po ang gamit niya since birth even po lahat ng i.d niya at prc license at school documents. After 25yrs now lang po niya nalaman yun. Since 1st registration yung inaaccept ng nso and last po na kuha niya ng nso is sarah bautista tlga at no record na si sarah romero. she decided to use the sarah bautista instead of sarah romero na ginagamit niya sa lahat ng documents niya. Please advice po kung ano dapat naming gawin to change her all documents. Mahaba po ba ang process?

Maraming maraming salamat po.

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Rhein1230


Arresto Menor
Hi Atty.,

Ask ko lang po wala po ba ibang way na hindi na dadaan ng court yung pagpa cancel ng second BC ko. Dba automatic cancelled naman po yun sa NSO. Yun po kasi problem ko d ako makarenew ng passport using my new BC.dahil need daw cancellation ng second bc ko na nagamit ko nung una akong kumuha ng passport.

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