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my legitimacy cannot be effected

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1 my legitimacy cannot be effected on Fri Aug 27, 2010 12:45 pm

maannedoms


Arresto Menor
Hi! I am registered as illegitimate in my NSO birth certificate. When my mom filed for my legitimacy, NSO rejected her request because they found out that my father has a first marriage which has not been annulled. They are asking for annulment papers, but we cannot produce it because it is costly. I already need the birth certificate for my CPA licensure exam which is on October. Deadline for filing is on September 20. Is there a faster way to get my papers filed at prc, like a court order or something, an affidavit or what? I need to take the exam now. Please help. Thanks.

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2 Re: my legitimacy cannot be effected on Fri Aug 27, 2010 11:12 pm

attyLLL


moderator
is your problem really that they won't give you your birth certificate or that you have been using a different name than the one on your birth certificate?

you can try to as the board of examiners if they will allow you to take the exam and what requirements they will require. it is up to their discretion.


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3 Re: my legitimacy cannot be effected on Fri Aug 27, 2010 11:22 pm

maannedoms


Arresto Menor
Im using my father's name in all my other documents. Have you encountered problems like this? What is the most likely remedy for this? Is it possible for them to accept affidavits? Thank you so much.

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4 Re: my legitimacy cannot be effected on Fri Aug 27, 2010 11:49 pm

attyLLL


moderator
what your father can do is to issue an affidavit of acknowledgment and an authority to use surname of the father. you will have to go to the civil registrar where your birth certificate was registered and inquire about their requirements.

then you can legally use your father's surname.


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5 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:05 am

maannedoms


Arresto Menor
that's what we did, but they returned our request and asked for annulment or death certificate of the first wife. Diba po sa family code naman basta inacknowledge, pwede na gamitin ang surname ng father? para kasing ang lumalabas, good as void ung marriage ng father and mother ko. actually, sa city civil registry, im already registered in my father's surname, pero sa NSO ayaw nila.

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6 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:14 am

attyLLL


moderator
so the name that you use matches the one on your birth certificate? is there any discrepancy in the name? in your birth certificate, you are considered legitimate?

your concern is to take the exam. never mind the issue of void marriage or your legitimacy for now. just get a copy of your birth certificate and use the name used there.

nso will not accept affidavits, but you can request the board of examiners whether they will accept a copy of your bc from the local registrar because there is a problem with nso.



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7 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:18 am

maannedoms


Arresto Menor
i already asked them (prc), but they said sa nso lang daw po ung inaacknowledge nila. sa local civil registry lang po tama ung surname ko, but sa nso, it's my mother's maiden name that appears as my surname. paano po ba ito? im really confused and afraid i might not be able to take the board now.

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8 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:23 am

attyLLL


moderator
ok, i take it you were born illegitmate then your parents got married afterwards.

if the nso is not accepting the marriage as valid, i believe your proper recourse is for your father to file an affidavit of authority to use surname of the father (AUSF).

this may not be what your mother did. I think what she tried was to change your status to legitimated by filing a marriage contract.

you should go to the NSO and ask whether they will accept the AUSF.

if your father is really married, then the NSO is arguably correct in rejecting the update to legitimated status. good luck.


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9 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:28 am

maannedoms


Arresto Menor
So you mean even if my father is married to his first wife, nso might still consider me being registered under my father's surnme under ausf? yes, i think that's what my mother did--- filed for my legitimacy.

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10 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:32 am

attyLLL


moderator
yes, under ausf, you may still have a chance. the problem i foresee is that your local civil registrar has already stamped your birth certificate as legitimated so you will have to do some explaining. good luck.


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11 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 12:34 am

maannedoms


Arresto Menor
thank you so much for this advice. we'll try to see if this works. thank you.

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12 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 9:08 am

attyLLL


moderator
and i still recommend you write a formal letter to the Board of Examiners and explain the situation and request to allow you to take the exam; don't settle for the denial of the clerk behind the window. good luck.


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13 Re: my legitimacy cannot be effected on Sat Aug 28, 2010 5:52 pm

maannedoms


Arresto Menor
Hello. I consulted another lawyer about this case, and he suggested that instead of amending my birth certificate, he suggested that I amend all my other documents instead to conform with my birth certificate. Since I already have a record of NBI, SSS and TIN using my father's surname, will it not cause some impediment if I file for another using my mother's maiden name, which was really in my birth certificate? thank you.

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14 Re: my legitimacy cannot be effected on Sun Aug 29, 2010 10:36 am

attyLLL


moderator
with the ausf, you are not amending your birth certificate; it will remain the same, but you will be allowed to use your father's surname.

what about your school records and SO number at CHED. what name did you use?

if most of your documents indicate your father's surname, I'd go with filing an AUSF to legitimize your docs. up to you which process you will choose. good luck.


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15 Re: my legitimacy cannot be effected on Sun Aug 29, 2010 11:12 am

maannedoms


Arresto Menor
What is SO number in ched? I already contacted the school and they said they can amend my school records to conform with what's in my birth certificate. My only concern now is if NBI will issue another file for me under my mother's maiden name.

Didn't you said I may not be eligible for AUSF if my legitimation has already been filed?

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16 Re: my legitimacy cannot be effected on Mon Aug 30, 2010 4:51 pm

attyLLL


moderator
you should ask your school whether it is covered by Special Orders. you should inquire at the nbi regarding your concern. i did not say you may not be eligible. i said you would have to explain the situation. good luck.


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17 Re: my legitimacy cannot be effected on Mon Aug 30, 2010 6:57 pm

maannedoms


Arresto Menor
okay. i completely understand now. I'm just after taking the board exam now while everything's still fresh. But I'm also considering the consequences of adopting my mother's maiden name as it may have discrepancies on my other documents. But I do have one last question, if ever I was able to get my license under my mother's maiden name, and eventually, I was able to successfully and legally adopt my father's last name, will be I be able to change the surname in my license?

Thank you very much for spending time answering my queries. I really do appreciate your help and effort. Thank you so much.

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18 Re: my legitimacy cannot be effected on Mon Aug 30, 2010 7:08 pm

maannedoms


Arresto Menor
and can you please explain to me what Special Order means? So that I have something to explain to the personnel in the registrar just in case he/she may not be familiar with it.

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19 Re: my legitimacy cannot be effected on Mon Aug 30, 2010 7:21 pm

attyLLL


moderator
SO: http://www.ched.gov.ph/services/students/Issuance_of_Special_Order.htm

The PRC used to require the submission of the SO certificate. don't know if they still do.

i believe you should be able to change your name if you are able to fix the issues surrounding your birth certificate. good luck.


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20 Re: my legitimacy cannot be effected on Mon Aug 30, 2010 7:34 pm

maannedoms


Arresto Menor
Okay. I get it. Thank you very much for your time. This site is very helpful especially to those who need immediate assistance. More power to your career and God bless you always.

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