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Problem with Birth Documents

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1 Problem with Birth Documents on Tue Mar 15, 2011 6:48 pm

moirajackson


Arresto Menor
Hi,
I have a problem with my documents so I wanted to consult you for advise. Here goes:

I was born on 1989 to a European father and a Filipino mother in Manila. My certificate of birth was filled out by my father with his signature on it as informant/father. I am now using his Last name. Since he is a foreigner, he placed my second name on the field for middle name which is common in European countries disregarding my mother's maiden last name. Since then I use my supposedly second name as my middle initial to not conflict with records with every school/public document I have. Also my birth certificate reflects my last name to be the same as my dad's. My parents brought me to the UK oftentimes to meet the other members of the family. My dad died when I turned 5 and we have no communication whatsoever with the family of my father based in the UK. When I grew much older, I wanted to travel and renew my passport. Here's where the problemSSSSS come in.

First, my old passport (brown one-expired in 1995) reflects my true name. Meaning it does not match what is in my birth certificate. It reflects my mother's maiden name as my middle name which on my birth certificate it was my supposedly second name on the "middle name" field.

Second, I thought of getting a passport as a first timer since I think that the brown passport is obsulete. I saw that one of the requirements for getting a passport for persons with foreign sounding middle and last names is to provide an MC secpa of parents. My second name (middle name on birth certificate) is Ang which makes me qualified for both categories (foreign sounding middle and last name). Problem is my parents were not married at the time of my birth yet on my birth certificate, my father indicated a place and date of marriage just to save him the time of filling out the acknowledgement at the back of the certificate. Although we have a Affidavit of Paternal Acknowlegdement from him signed by a known attorney and both of my parents. I tried going to the civil registrar of Manila but they could not give me a clear answer because my father deceased many years ago.

As far as I know, illegitimate children were not allowed to use the surnames of their father unless they are married under the new family code of 1987. I am now so confused. Everytime I look for solutions to my problems, more problems come up and it's like its a dead end for me. All I want is to get to travel to other places and see cultures. I am really really frustrated. Everytime I think about this, I cry helplessly. Please let me know what I can do about this problems.

Thank you,

Moira

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atheista


Arresto Menor
Good day po! I have a problem po on my birth certificate.
Nung pinanganak po kasi ako, ung father ko ung nagfill out ng live birth ko from the local civil registry sa cavite, but then ang problem is hindi niya pinaregister kaya walang nakalagay na local civil registry number dun sa live birth ko na un. That was 1985, at ung name ko po dun was Antonio Aguinaldo Garcia III. Tapos po yung birth certificate na un ung ginamit ko from the start at lahat ng records ko ay un ung ginamit kong pangalan. But then nung kumuha ako ng NSO birth certificate ko, yung pangalan ko was Antonio Aguinaldo lang po. I just knew na pinalate register ako ng mama ko sa NSO nung year 1990. In short hindi po pala Antonio Garcia III ung name ko kundi Antonio Aguinaldo.
Tapos ung nasa NSO ko po na yun, walang middle initial, walang mga mark na X ung sex at status ko. Kulang po ung information.
Ano pong gagawin ko kung ganun ang problema?
Gusto ko pong gamitin ung pangalan ko na nasa una kong live birth na hindi naregister. Please Help me. Thank You!

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3 Re: Problem with Birth Documents on Wed Mar 16, 2011 1:36 pm

atheista


Arresto Menor
atheista wrote:Good day po! I have a problem po on my birth certificate.
Nung pinanganak po kasi ako, ung father ko ung nagfill out ng live birth ko from the local civil registry sa cavite, but then ang problem is hindi niya pinaregister kaya walang nakalagay na local civil registry number dun sa live birth ko na un. That was 1985, at ung name ko po dun was Antonio Aguinaldo Garcia III. Tapos po yung birth certificate na un ung ginamit ko from the start at lahat ng records ko ay un ung ginamit kong pangalan. But then nung kumuha ako ng NSO birth certificate ko, yung pangalan ko was Antonio Aguinaldo lang po. I just knew na pinalate register ako ng mama ko sa NSO nung year 1990. In short hindi po pala Antonio Garcia III ung name ko kundi Antonio Aguinaldo.
Tapos ung nasa NSO ko po na yun, walang middle initial, walang mga mark na X ung sex at status ko. Kulang po ung information.
Ano pong gagawin ko kung ganun ang problema?
Gusto ko pong gamitin ung pangalan ko na nasa una kong live birth na hindi naregister. Please Help me. Thank You!

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4 Re: Problem with Birth Documents on Sat Mar 19, 2011 7:48 am

attyLLL


moderator
atheista, are your parents married?


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5 Re: Problem with Birth Documents on Sat Mar 19, 2011 7:54 pm

atheista


Arresto Menor
Actually my mom didn't tell me. Hindi ko din po natanong. But pumirma naman po yung father ko sa live birth ko pero hindi lang talaga nia pinaregister. Nung pinaregister po ako ng mama ko wala na ung father ko nun kaya si mama na yung naglagay ng mga information. I want to use my father's surname po. Kase un na po talaga nagamit ko sa lahat ng records ko. Ano po ba ang magandang gawin?

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6 Re: Problem with Birth Documents on Sun Mar 20, 2011 11:48 am

wella_r


Arresto Menor
Hi. I would like to consult for a better and fastest way to correct the errors on my father's birth certificate. Nag aapply po kasi ako ng visa ngayon and since family support stream kame I need to present NSO birth cert ng father ko to link sa first cousin ko who's my sponsor. Upon checking sa NSO, no birth record daw po. I went to the LCRO meron po sya pero iba ang spelling ng name and birthdate: Bale, INIANO po ang nakalagay instead of ANIANO tapos yung birthday ay MAY 25, instead of APRIL 25. Iniisip ko po kung ano ang mas okay na gawin, kung i-endorse ko na po eto ng ganito sa NSO tapos i-assume na lang nya yung mga nklagay sa LCR na bagong name at birthday nya? o mag pachange details pa po. Tapos kung ia-assume po nya yung name nya sa LCR, hindi po ba magiging problem saken dahil ang father's name ko po sa NSO ko ay ANIANO ang nakalgay. would it be sufficient just to get an affidavit that ANIANO and INIANO ay isang tao lang? Sana po matulungan nyo ko kasi po paalis na next week yung magdadala ng papers ko. Eto na lang ang problema ko po. Thank you.

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7 Re: Problem with Birth Documents on Sun Mar 20, 2011 3:53 pm

attyLLL


moderator
atheista, you have to find out if your parents were eventually married. if not, you have to ask your father to issue an affidavit of acknowledgment and authority to use surname of the father. if he is dead, then there's no solution except to file a case in court to change your name.


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8 Re: Problem with Birth Documents on Sun Mar 20, 2011 3:57 pm

attyLLL


moderator
if you only have until next week to decide, then there's really only one option which is to use the name on the birth certificate as is, but there's no guarantee that the affidavit of same person will be accepted. that's a question for the approving authority for the visa.

the proper solution, but will take time, is to file an admin petition at the LCRO for correction of typo error.

as for the birthday, i recommend you leave it as is. to correct that, it requires a court petition.


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9 Re: Problem with Birth Documents on Sun Mar 20, 2011 6:41 pm

atheista


Arresto Menor
My father is dead according to my mother. So how much would changing name cost?What about the lacking information on my NSO? Thank you so much.

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10 Re: Problem with Birth Documents on Sun Mar 20, 2011 8:52 pm

wella_r


Arresto Menor
attyLLL wrote:if you only have until next week to decide, then there's really only one option which is to use the name on the birth certificate as is, but there's no guarantee that the affidavit of same person will be accepted. that's a question for the approving authority for the visa.

the proper solution, but will take time, is to file an admin petition at the LCRO for correction of typo error.

as for the birthday, i recommend you leave it as is. to correct that, it requires a court petition.

Thank you very much for the response. I guess I'll try to change the name parang mas okay po kasi. I guess I just need to mail the cert pagkatapos na lang ma-process. Ayoko naman po magmadali tapos hindi naman magiging okay sa immigration. Can you give me an idea gano po katagal ang inaabot ng ganon? yung ich-change yung name? Thanks! Very Happy

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11 Re: Problem with Birth Documents on Mon Mar 21, 2011 9:51 am

wella_r


Arresto Menor
Hi po ulit. I just want to ask, possible po ba na i-late register ko na lang sya kasi upon checking, yung birth cert nya po ay hindi pa np-forward sa NSO main office so technically wala pa sya NSO record. kung possible po na i-late register ko na lang sya instead of name correction baka po mas magiging madali at maitatama pa yung maling birthday. posible po ba iyon? salamat!

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12 Re: Problem with Birth Documents on Wed Mar 23, 2011 9:10 pm

attyLLL


moderator
wella, unless you are sure that the first one can be retrieved, and i doubt that it can be, you should not make a second registration. the nso has ways of finding out there are 2 birth certificates, and the first one will be the one recognized.

admin petition takes anywhere from 3 mos to 1 year


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13 Re: Problem with Birth Documents on Wed Mar 23, 2011 9:11 pm

attyLLL


moderator
atheista, it depend on which lawyer you retain. petition will be at least 1 year


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14 Re: Problem with Birth Documents on Wed Mar 23, 2011 9:38 pm

wella_r


Arresto Menor
attyLLL wrote:wella, unless you are sure that the first one can be retrieved, and i doubt that it can be, you should not make a second registration. the nso has ways of finding out there are 2 birth certificates, and the first one will be the one recognized.

admin petition takes anywhere from 3 mos to 1 year

Hi po. Wala pa talaga sa NSO yung LCR nya and sadly, I went to the City Hall to verify yung steps na pwede ko gawen. Ang tanong ko lang po bakit kailangan pa i-forward muna sa NSO yung LCR nya para madigitized daw ng NSO e mali na nga. I asked kung pwede itama na lang muna namen since wala pa naman sa NSO, hindi daw pwede, gagawan pa ng NSO copy muna tapos tsaka itatama. Doble dobleng time ang kailangan. I guess ganon talaga sistema dito saten at wala na ko magagawa. Kakalungkot lang dahil kung pwede na lang sana itama muna bago i-diretso sa NSO e di mas magiging madali ang buhay ng mga taong may mali ng isang letter sa pangalan na hindi naman sila ang may kasalanan. Sad

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15 Re: Problem with Birth Documents on Sun Mar 27, 2011 4:53 pm

attyLLL


moderator
i know what you say sounds reasonable to you, but they would be violating the law. once the certificate is filed with the LCR, it is already perfected. forwarding to the nSO does not affect its validity.


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16 Re: Problem with Birth Documents on Sun May 08, 2011 3:57 am

knightwind


Arresto Menor

hello po..just wana ask some advice on what's best to do sa problem ko about my birth certificate..
i was born in Pampanga and im 20 yrs old..
sa hospital po ako pinanganak..
for 17 years, we didn't expect na hindi pala registered ung birth certificate ko..
nagpunta ako sa munisipyo ng birth place ko to get a copy of my birth certificate just to find out na hind pala registered pati sa NSO..
ang gnagamit ko na birth certificate nun is a copy na bnigay sakin ng mom ko galing sa hospital pero wla palang Local civil registry #.
dun sa mga infos na nkalagay dun sa unregistered Certificate of Live birth ko eh tama naman except for one(my nkalagay na date of marriage ng parents ko but they're not married)im using my father's surname(now deceased).
Nung sinubukan kong maglate registration sana hinahanapan ako ng marriage contract ng parents ko..i tried to explain na hindi kasal ang parents ko but the record lady at the hospital where i was born told me that i have to register my BC using my mother's surname..eh nakalagay na sa mga school records,sss,nbi etc is my fathers surname since un naman ang gnagamit ko ever since..anu po kayang magandang gawin and how much would it cost?thanks...

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17 Re: Problem with Birth Documents on Sun May 08, 2011 5:46 pm

attyLLL


moderator
it's too late, your father's dead so he can't sign any authority to use surname of the father. you do have to use your mother's last name.

ask your school what you will need to do to change your records. for government such as nbi and sss, the same.


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18 Re: Problem with Birth Documents on Sat Aug 13, 2011 3:49 am

hazelmay


Arresto Menor
I also have problemssssssssss with my birth certificate. As in ang daming errors sa birth certificate ko.
1. Yung last name ko po is wrong spelling. as in 1letter lang yung mali.
2. Mali po yung birth day ko mali yung date. Imbes na May 21, 1989, naging May 15, 1989..sabi sa city civil registrar, okay lang daw yun, echange ko nlang daw lahat ng documents ko kasi if ipapachange ko yung bday ko, maraming proseso like dadaan pa sa korte plus gagasta pa daw kami ng 30k+...ganun ba kalaking issue ang bday?tsk5.
3. Mali ang nakaregister na name sa mother ko. Yung nkalagay is name ng ante ko which is kapatid ng mother ko.
4. Mali din po yung apelyido ng father ko. Pareho kami ng apelyido sa mali na nso birth certificate ko.
Napasa na po namin sa CCR yung mga documents last december 2010 pero until now wala pa din po yung nso ko.

May nkapagsabi po sakin na pwede daw po ipa.acknowldge ko sa lawyer yung docs ko at magsign na yung original at nso ko ay same person lang..totoo po ba yun?
if hindi po ano po pwede kong gawin?
I really need your help now. Thank you po.

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19 Re: Problem with Birth Documents on Sun Aug 14, 2011 6:58 pm

attyLLL


moderator
do you mean you filed a petition under RA 9048?


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20 Re: Problem with Birth Documents on Sun Aug 14, 2011 9:11 pm

hazelmay


Arresto Menor
Yes

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