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LEGITIMACY ISSUE , I BADLY NEED YOUR HELP!

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1 LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Fri Jul 03, 2015 3:27 am

yosoynika


Arresto Menor
Hi,

We have a problem about sa birth certificate ng BF ko, the scenario is this,

Yung father nya my kasal sa first wife nya, pero patay na yun, so wala ng problema , ipinanganak sya hindi pa kasal yung father and mother nya, later na lng naikasal 5 years old ata sya nun, ang nakalagay sa birth certificate nya na surname is yung surname ng mother nya ,

ngayong inaayos na namin yung legitimacy, we found out na bago ikasal yung parents nya, ikinasal na pala  sa iba yung father nya, ngayon lng namin nalaman. so lumalabas pangatlo yung mother nya.

ano po ba ang pwede namin gawin?

maayos pa kaya yung issue ng legitimacy nya?

required kase na magpasa ng cenomar, kapag ipinasa namin yung sa tatay nya makikita na kinasal sya sa iba bago nanay nya, buhay pa din yung pangalawang asawa nya.

pwede kayang sa nanay nya nlng na cenomar ang ipasa?

nso and local birthcertificate , affidavit of legitimacy and cenomar kase requirements diba?

sa cenomar kame nahihirapan, pano po kaya namin maaayos yun?

balak na kase namin magpakasal kaya lng hindi naman makumpleto yung requirements namin since sa lahat ng documents nya apelyido ng tatay nya yung nakadeclare pwera lang sa birthcertificate apelyido pa din ng nanay nya yung gamit nya dun. Nagkakaron kame ng problema sa pagaasikaso ng requirements.

Ano po ba ang pwede naming gawin? madami ng issue ang lumabas, makakasuhan ba ang father nya? valid po ba ang kasal ng parents nya? knowing na registered din pala yung kasal ng tatay nya sa pangalawa?


 Crying or Very sad  Crying or Very sad

please help naman po. Thank you!



Last edited by yosoynika on Fri Jul 03, 2015 3:47 am; edited 1 time in total (Reason for editing : add some information)

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mrs_scofield


Arresto Mayor
Based from your facts, yes your boyfriend is an illegitimate child.

Under the law, the following are considered illegitimate children:

1. Children born to couples who are not legally married or of common-law marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
6. Children born of couples below 18, whether they are married (which married is void) or not; and,
7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

A bigamous marriage or marriage contracted by parties who both or either one of them has an existing previous marriage is null and void under Article 35 of the Family Code, to wit:

“The following marriages shall be void from the beginning:

xxx

(4) Those bigamous or polygamous marriages not failing under Article 41;

xxx”

In relation thereto, Article 41 of the Family Code provides that a subsequent marriage is valid despite existence of previous marriage if the spouse of one or both of the parties to such subsequent marriage has been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. The spouse present, in this case, must institute a summary proceeding for the declaration of presumptive death of the absentee for the purpose of contracting the subsequent marriage without prejudice to the effect of the reappearance of the absent spouse. Absence of which, the subsequent marriage is bigamous.

An order from the court declaring a bigamous marriage as null and void is still necessary. Parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again (Domingo v. CA, G.R. No. 104818, 17 September 1993).  But don't do this yet because this will trigger a bigamy case against the father.

To your question if his father can be charged with bigamy, the answer is yes unless his situation was as mentioned in the preceding paragraph.

Since kamo all his personal documents except his Birth Certificate bear his father's surname, he can still register his name using his father's surname.

I would assume that your boyfriend was born prior to the effectivity of the Family Code on August 3, 1988 and that his father did not sign the Affidavit of Acknowledgement/Admission of Paternity at the back of his Certificate of Live Birth.

In order for your boyfriend to be able to record his name with his father's surname in his Certificate of Live Birth, here's what he needs to do:

Under the IRR of RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines") --

1. he (I am assuming that he's of legal age) may -

a) file an Affidavit to Use the Surname of the Father (AUSF) executed within the Philippines with the Local Civil Registry Office (LCRO) where he was born, if birth occurred within the PH;

b) if the AUSF was executed outside the Philippines, at the LCRO of Manila, if birth occurred within the PH;

c) Whether the AUSF is executed within or outside the Philippines, shall be filed with LCRO of Manila, if birth occurred outside of Ph

2. His application should be accompanied by:

a) a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back;

b) The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment;

c) other supporting documents (e.g., the documents you mentioned where he used his father's surname pwedeng Baptismal Certificate, etc...)

3. The AUSF shall be registered within 20 days from the date of execution at the place where the birth was registered. Otherwise the procedure for late registration shall be applied.

Now, the counting of the 20 days shall reckon from the date of notarization. So for example, his father executed the affidavit today, July 3, 2015 and notarized also today July 3, 2015, the AUSF should be filed on or before July 23, 2015 otherwise he will file for late registration.

So my advice is have the date of the document blank first (date of signing, date of notarization) until you already have completed all other required documents para hindi mag-run ung prescription period.

Now the AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

After that he can now request for a certified true copy of his Certificate of Live Birth with the foregoing annotation and this is the copy which you will submit to process your papers for your marriage.

-----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.

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3 Re: LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Fri Jul 03, 2015 11:49 pm

yosoynika


Arresto Menor
mrs_scofield wrote:Based from your facts, yes your boyfriend is an illegitimate child.

Under the law, the following are considered illegitimate children:

1. Children born to couples who are not legally married or of common-law marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
6. Children born of couples below 18, whether they are married (which married is void) or not; and,
7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

A bigamous marriage or marriage contracted by parties who both or either one of them has an existing previous marriage is null and void under Article 35 of the Family Code, to wit:

“The following marriages shall be void from the beginning:

xxx

(4) Those bigamous or polygamous marriages not failing under Article 41;

xxx”

In relation thereto, Article 41 of the Family Code provides that a subsequent marriage is valid despite existence of previous marriage if the spouse of one or both of the parties to such subsequent marriage has been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. The spouse present, in this case, must institute a summary proceeding for the declaration of presumptive death of the absentee for the purpose of contracting the subsequent marriage without prejudice to the effect of the reappearance of the absent spouse. Absence of which, the subsequent marriage is bigamous.

An order from the court declaring a bigamous marriage as null and void is still necessary. Parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again (Domingo v. CA, G.R. No. 104818, 17 September 1993).  But don't do this yet because this will trigger a bigamy case against the father.

To your question if his father can be charged with bigamy, the answer is yes unless his situation was as mentioned in the preceding paragraph.

Since kamo all his personal documents except his Birth Certificate bear his father's surname, he can still register his name using his father's surname.

I would assume that your boyfriend was born prior to the effectivity of the Family Code on August 3, 1988 and that his father did not sign the Affidavit of Acknowledgement/Admission of Paternity at the back of his Certificate of Live Birth.

In order for your boyfriend to be able to record his name with his father's surname in his Certificate of Live Birth, here's what he needs to do:

Under the IRR of RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines") --

1. he (I am assuming that he's of legal age) may -

a) file an Affidavit to Use the Surname of the Father (AUSF) executed within the Philippines with the Local Civil Registry Office (LCRO) where he was born, if birth occurred within the PH;

b) if the AUSF was executed outside the Philippines, at the LCRO of Manila, if birth occurred within the PH;

c) Whether the AUSF is executed within or outside the Philippines, shall be filed with LCRO of Manila, if birth occurred outside of Ph

2. His application should be accompanied by:

a) a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back;

b) The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment;

c) other supporting documents (e.g., the documents you mentioned where he used his father's surname pwedeng Baptismal Certificate, etc...)

3. The AUSF shall be registered within 20 days from the date of execution at the place where the birth was registered. Otherwise the procedure for late registration shall be applied.

Now, the counting of the 20 days shall reckon from the date of notarization. So for example, his father executed the affidavit today, July 3, 2015 and notarized also today July 3, 2015, the AUSF should be filed on or before July 23, 2015 otherwise he will file for late registration.

So my advice is have the date of the document blank first (date of signing, date of notarization) until you already have completed all other required documents para hindi mag-run ung prescription period.

Now the AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

After that he can now request for a certified true copy of his Certificate of Live Birth with the foregoing annotation and this is the copy which you will submit to process your papers for your marriage.

-----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.


meron na kame lahat ng requirements, magffile nlng nlng ng Affidavit to Use the Surname of the Father, if tama pagkakaintindi ko, magkaiba ba yun sa Affidavit of Legitimacy na pinafile samin ng civil registrar?here's the requirements na pinapakuha samin.

1. Birth Certificate (local and NSO) -
2. Marriage Certificate of Parent (NSO Copy)
3.CENOMAR (both parents) na hindi nmn namin maippresent kc nga bigamous marriage.
4. affidavit of legitimacy.

magKaiba yung affidavit of legitimacy sa AUSF ,  . kung tama intindi ko hindi na namin need ipasa yung requirements na pinapadala samin. yung mga sinabi mo yun nlng yung dadalin namin?


1.  a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back;  - nakasign naman sa birth certificate yung father niya.nakalagay is Not married but was acknowledge by his father.  kaya lang ang hindi ko maintindihan naka lagay sa lasname nya is yung sa mother nya  tapos wala syang middle name. pwede ba namin ipresent yun?


2. The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment; - eto po ba yung ipapanotary namin? father lang po diba no need na yung mother nya?



c) other supporting documents (e.g., the documents you mentioned where he used his father's surname pwedeng Baptismal Certificate, etc...) - Meron nmn sya baptismal, pwede din ba ipasa yung mga diploma ? and government ID's?

Salamat ng madami! ang laki po ng naitulong nyo.

Yung inadvise nyo na process will not make my bf legitimate child dba? acknowledgement lng para magamit nya apelyido ng father nya?? , saka na namin poproblemahin yung sa legitimation basta maayos lng apelyido nya. Salamat talaga po.

one more thing, gagastos po ba kame ng malaki sa process na to?

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4 Re: LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Sat Jul 04, 2015 12:09 am

yosoynika


Arresto Menor
my pahabol na tanong po pala ako,

hindi po ba yung unang asawa lng nmn yung pwedeng magsampa ng kaso ng bigamy? kapag hindi xa nagapela wala nmn pong magiging problema di po ba? kase ngayon may kanya kanyang buhay naman na sila at wala nadin naghahabol.

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technified_ex


Prision Correccional
As for the fee, its not that expensive, since its just a filing with your local civil registrar for the AUSF.
As for the bigamy case, since the mother of your bf is the one not legally married to the father who have contracted second valid marriage, the 2nd legal wife has a case to file bigamy

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mrs_scofield


Arresto Mayor
As to your question on who can file the bigamy case, “It is settled that in bigamy, both the first and the second spouses may be the offended parties depending on the circumstances” (Garcia vs. Court of Appeals, G.R. No. 119063 January 27, 1997).

Now, if the second wife knew that his 'husband' is previously married but despite her knowledge, she continued with the marriage then she cannot be considered as the offended party and hence cannot file the case.  This is one of the 'depending circumstances' mentioned in the earlier case.

"1. a Certificate of Live Birth with accomplished Affidavit of Acknowledgement/Admission of Paternity at the back; - nakasign naman sa birth certificate yung father niya.nakalagay is Not married but was acknowledge by his father.  kaya lang ang hindi ko maintindihan naka lagay sa lasname nya is yung sa mother nya  tapos wala syang middle name. pwede ba namin ipresent yun?"

ANSWER: If filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.

You only need to submit the AUSF with the proper local civil registry office as was discussed in my previous reply.

"2. The Affidavit of Recognition executed by the Father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment; - eto po ba yung ipapanotary namin? father lang po diba no need na yung mother nya?"

ANSWER: You no longer need this one since as you have said the father already signed the Affidavit of Acknowledgement/Admission of Paternity at the back of the Certificate of Live Birth. Just bring a certified true copy of the same for reference. Bring also the other documents that you mentioned including the government ID, you'll never know the LCRO might ask for additional supporting documents.

What you will need to notarize though is the AUSF and please don't forget that upon notarization, the 20-day period within which to submit the AUSF shall commence (refer to the previous discussion regarding this). Should you fail to file the AUSF within the prescribed period with the proper local civil registry office, the process will now be different. You will be required to apply for late registration.

Since there was already an admission of paternity made at the back of your bf's Certificate of Live Birth, the AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255."
         
The original surname of the child appearing in the Certificate of Live Birth and Register of Births shall not be changed or deleted.

-----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.



Last edited by mrs_scofield on Fri Jul 10, 2015 4:35 pm; edited 3 times in total

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mrs_scofield


Arresto Mayor
"Yung inadvise nyo na process will not make my bf legitimate child dba? acknowledgement lng para magamit nya apelyido ng father nya?? , saka na namin poproblemahin yung sa legitimation basta maayos lng apelyido nya. Salamat talaga po."

ANSWER: The process is not for the legitimation of your bf but for him to be able to legally use his father's surname. Besides, he cannot be legitimated as of the moment since his father is still married with his second wife. Until the marriage of your bf's father to his second wife is subsisting, he cannot validly marry your bf's mother which is the ONLY way (in his case) to raise his illegitimacy status to legitimacy.

"one more thing, gagastos po ba kame ng malaki sa process na to?"

ANSWER: You will have to pay for the notarization fee which is at minimum is only P200. I am not however sure if there is a processing fee with the LCRO but in any case, I believe it is only minimal.  You will also need to pay for a certified true copy which is only P120, if I am not mistaken.

Hope i have answered all your questions.

-----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.



Last edited by mrs_scofield on Mon Jul 06, 2015 11:41 pm; edited 1 time in total

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8 Re: LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Mon Jul 06, 2015 10:46 pm

yosoynika


Arresto Menor
thank you so much for your help, now we can process his birth certificate. Smile God bless.

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Mariazh19


Arresto Menor
Ganito dn po ung problem ko ngayon. I guess ittry ko dn muna ito.my father has affidavit acknowledgemeny sa birth certd ko. Ung mom ko ksi married sa una before my dad. Tapos 1991 ako oinanganak 1992 nagpakasal parents ko un nga po d maprocess BC ko gwa dn ng Cenomar ng mother ko so try kp gwn itong snsbi nyo.

Question kay ate! Nakuha nyo na po BC ng boyfriend nyo???


Hoq long po ba will it take pra mapalitan nga ung last name sa BC??? Pag finile ko po ito?

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10 Re: LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Sun Aug 16, 2015 2:28 pm

Mariazh19


Arresto Menor
Thank you in advance po

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11 Re: LEGITIMACY ISSUE , I BADLY NEED YOUR HELP! on Sun Aug 16, 2015 5:43 pm

Mariazh19


Arresto Menor
Ay hindi po pala live birth certificate! Live birth po pala yan sakanya. Ang akin po kasi iba. Pwede po malaman kung ano maganda gawin? Meron po ako certificate of live birth. Na may affidavit ng father ko na anak nya ako. Since 1991 ako pinanganak kinasal parent ko nung 1992. Sa live birth certificate ko po apilyedo ng mama ko gmt ko and i dont have middle name. Tapos sa likod my affidavit ng father ko. Ngayon nung kukuha sana kami ng NSO authenicated copy para sa BC ko hndi kami bngyan sa request namin ksi kasal ung mama ko sa una. So nag appear un sa cenomar na married sya sa una. Kaya d nla marelease ung NSO BC ko. Wla dn po kwenta kht patay or buhay ung asawa ng mother ko sa una. Ano po ba pwede gawin para makakuha ako ng NSO BIRTH CERTIFCATE? D PO KSI AKO MAKAKUHA NG PASSPORT AT need ko po tlga un badly since nag aaply po kami ng TRV ng asawa kong alien student dto sa pinas. Hrap na po kmi kaka extend tourist visa nya mahal na po magastos pa. Ang sbi saamin noon court hearing daw need ifile ksi. Ano po bang magandang solusyon dito kung ganun nga mangyayari magkano po fees nito at sa attorney ba from pao since libre sila meron pdn kya silang fee or maliit lang naman? Can't afford na dn po kasi ng sobrang gastos since kaka anak ko lang dn last july 23.hoping for your advice guys please help po!

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