Administrative Law Handout

STATUTORY AND CASE LAW IN

THE ADMINISTRATION OF CIVIL REGISTRATION

I. Background of the Philippine Statistics Authority (PSA)

A. PSA in General
1. Attached agency of the National Economic Development Authority (Philippine
Statistical Act, Rep. Act No. 10625 [2013],1 secs. 5, 7)
a. PSA Board composed of the NEDA Director General, DBM Secretary, National
Statistician, and representatives of the Central Bank (BSP), PSRTI, Phil.
Statistical Ass’n, Union of Local Authorities of the Phils., and the private sector.
2. Serves as, inter alia, the central hub of government statistics collection, coordination,
policy-making, rule-making, and planning. (PSA Act, sec. 9)
3. Merger of the following (PSA Act [2013], secs. 3, 5)—
a. NEDA–National Statistics Office
i. Civil registration, census, and general statistics agency (Exec. Order
No. 121 [1987], sec. 9)
b. NEDA–National Statistical Coordination Board
i. Statistics policy-making and coordinating agency (Exec. Order No.
121 [1987], sec. 4)
c. DA–Bureau of Agricultural Statistics
i. Agricultural statistics and research agency (ADM. CODE, tit. IV, ch. 4,
sec. 24)
d. DOLE–Bureau of Labor and Employment Statistics
i. Labor statistics agency (ADM. CODE, tit. VII, ch. 3, sec. 22)
4. Line Units (PSA Act [2013], sec. 12)
a. Sectoral Statistics
b. Censuses and Technical Coordination
c. Civil Registration and Central Support
d. Field Statistical Services
5. Staff Units (PSA Act [2013], sec. 12)
a. Legal Services
b. Statistical Methodology
c. International Cooperation
d. Management and Corporate Planning
6. Headed by the National Statistician (PSA Act [2013], sec. 11)
a. Nominated by a special committee composed of representatives from the Phil.
Statistical Ass’n, UP School of Statistics, UPLB Institute of Statistics, BSP
Dep’t of Economic Statistics, and the NEDA
b. Possesses a master’s degree in statistics
c. Serves as Civil Registrar General (CRG)
d. Exercises, inter alia, rule-making authority, general administration, and
appointment power
e. Assisted by Deputy National Statisticians
B. PSA as Civil Registration Agency
1. Basis
a. Carr[ies] out, enforce[s] and administer[s] civil registration functions in the
country as provided for in Act No. 3753, otherwise known as the Civil Registry
Law (PSA Act [2013], sec. 6[e])
b. Responsibil[ity] for […] civil registry document management and archiving,
data center, policy advocacy and research on civil registration matters, outlet
and customer services and other civil registration concerns (PSA Act [2013],
sec. 12, par. 6[1])
c. The Civil Registrar General is hereby authorized to exercise such powers and
perform such functions as may be necessary for the proper and effective
implementation and maintenance of the system of civil registration for Muslim
Filipinos. (Muslim Civil Registration System, Exec. Order No. 157 [1994], sec.
3)

1 Hereinafter, PSA Act [2013].

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2. PSA and the Local Civil Registrar (LCR), distinguished

Agency PSA LCR
Basis PSA Act (2013), sec. 6(e); LOCAL GOV’T CODE, art. IX, sec.
Civil Registry Law, Act No. 3753 479;
(1931), sec. 2; Civil Registry Law, Act No. 3753
Exec. Order No. 157 (1994), sec. (1931), sec. 2;
3; FAMILY CODE, arts. 9–12;
FAMILY CODE, art. 7 NSO Adm. Order No. 1 (1993)
Appointing President (i.e., rank of director Mayor with the concurrence of a
Authority and above); majority of the City (Municipal)
National Statistician (i.e.., below Council
rank of director)
Direction and Technical Front-line implementation and
Supervision; execution;
Rule-making and licensing for Issuing and transmitting
Role Civil Registration; documents for/to the PSA;
National repository of Local repository of documents
documents and decrees
Appellate jurisdiction Original jurisdiction

3. Case: Estate of Locsin v. Locsin, G.R. No. 146737, 10 December 2001.

a. Facts—Petitioner Heirs are opposing a petition for letters of administration
filed by Respondent, a supposed acknowledged natural child of the deceased.
Respondent presented a birth certificate signed by the “father” from the LCR.
Petitioners countered with a certified copy from the NSO lacking such
signature.
b. Held—
i. GR: A Certificate of Live Birth duly recorded in the Local Civil
Registry, a copy of which is transmitted to the Civil Registry General
pursuant to the Civil Registry Law, is prima facie evidence of the facts
therein stated.
ii. ER: If there are material discrepancies between them, the one entered
in the Civil Registry General prevails.

II. Legal Framework

A. Legal History
1. Civil Registry Law, Act No. 3753 (1931).
a. Creation of the Civil Registry
b. Designation of the Director of the National Library as Civil Registrar General
c. Acts and events that occurred prior to 27 February 1931 are not registrable.
(Adm. Order No. 1 [1993], prelim. statement)
2. Comm. Act No. 591 (1940) and Exec. Order No. 314 (1940).
a. Creation of the Bureau of Census and Statistics
b. Transfer of Civil Registry functions to the BCS
3. CIVIL CODE, Rep. Act No. 386 (1950).
a. Family law requirements on marriage licenses, birth certificates, and
registration of adoption and judicial decrees concerning civil status
4. RULES OF COURT (1964), Rules 103, 108.
a. Change of Name and Correction of Entry in Civil Registry with the courts
5. Pres. Decree No. 418 (1974)
a. Creation of the National Census and Statistics Office vice BCS
6. SANITATION CODE, Pres. Decree No. 856 (1975).
a. Death certificates
7. MUSLIM CODE, Pres. Decree No. 1083 (1977).
a. Civil Registry of traditional Muslim Marriages are vested in the Clerks of the
Shari’a Courts

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8. Exec. Order No. 121 (1987).

a. Reorganization of the Philippine Statistical System
b. National Statistics Office replaced the NCSO
9. FAMILY CODE, Exec. Order No. 209 (1987).
a. Repeal of CIVIL CODE, bk. 1, tits. III–VI, VIII, IX, XI, XV
10. Exec. Order No. 157 (1994).
a. Integrated the Muslim Civil Registry in the Shari’a Courts and ARMM with
the Civil Registry General
11. RULES OF COURT (1997), Rules 103, 108.
a. Retained the rule from the old rules, but later modified in effect by substantive
law
12. Clerical Error Law, Rep. Act No. 9048 (2001).
a. Authorizing the LCR or Consul General to correct a clerical or typographical
error in an entry, or change the first name or nickname in the civil register
without need of a judicial order
b. Modified RULES OF COURT, Rule 108
13. Rep. Act No. 9255 (2004).
a. Use by illegitimate children of father’s surname, if filiation is recognized in the
civil register (or recognized in a public document or handwritten instrument)
14. NSO Adm. Order No. 3 (2004).
a. Rules governing registration of civil status of indigenous peoples.
15. Rep. Act No. 9858 (2009).
a. Legitimation of children born to parents below marrying age
b. Rule-making power for this purpose granted to the Civil Registrar General
16. Rep. Act No. 10172 (2012).
a. Expanded the coverage of Rep. Act No. 9048
17. PSA Act, Rep. Act No. 10625 (2013).

B. Current Legal Framework

1. Civil Registry Law, as amended
a. Implemented by NSO Adm. Order No. 1 (1993)
2. PSA Act (2013)
3. Clerical Error Law, as amended
a. Implemented by NSO Adm. Order No. 1 (2012)
b. In relation to RULES OF COURT, Rule 108
4. Rep. Act 9255 (2004)
a. Implemented by PSA Adm. Order No. 1 (2016)
5. MUSLIM CODE
a. Supplemented by Exec. Order No 157 (1994)
i. Implemented by NSO Adm. Order No. 1 (2005)
6. FAMILY CODE
a. NSO Adm. Order No. 1 (2007): implementing rules governing the registration
of authority to solemnize to eligible clerics of religions

III. Administrative Powers of the PSA

A. Executive Power
1. Technical Control and Supervision of Civil Registrars (Adm. Order No. 1 [1993])
a. The civil Registrar-General shall have technical control and supervision on
civil registrars and officials mentioned in Rule 3(1). In the exercise of this
technical and supervisory function, the Civil Registrar General shall have the
power to declare ultra vires any act of civil-registrars inconsistent with the
prescribed standards, criteria and procedures mentioned in this implementing
rules and regulations and other pertinent laws on civil registration.
B. Rate-Fixing Power
1. None
C. Power of Subordinate Legislation
1. Civil Registry Law (1931), sec. 2.
a. Section 2. Civil Registrar-General his duties and powers. — The director of the
National Library shall be Civil Registrar-General and shall enforce the

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provisions of this Act. The Director of the National Library, in his capacity as
Civil Registrar-General, is hereby authorized to prepare and issue, with the
approval of the Secretary of Justice, regulations for carrying out the purposes
of this Act, and to prepare and order printed the necessary forms for its proper
compliance. In the exercise of his functions as Civil Registrar-General, the
Director of the National Library shall have the power to give orders and
instructions to the local Civil registrars with reference to the performance of
their duties as such. It shall be the duty of the Director of the National Library
to report any violation of the provisions of this Act and all irregularities,
negligence or incompetency on the part of the officers designated as local civil
registrars to the (Chief of the Executive Bureau or the Director of the Non-
Christian Tribes) Secretary of the Interior, as the case may be, who shall take
the proper disciplinary action against the offenders.
2. Clerical Error Law, Rep. Act No. 9048 (2001), sec. 10.
a. Section 10. Implementing Rules and Regulations. — The civil registrar general
shall, in consultation with the Department of Justice, the Department of
Foreign Affairs, the Office of the Supreme Court Administrator, the University
of the Philippines Law Center, and the Philippine Association of Civil
Registrars, issue the necessary rules and regulations for the effective
implementation of this Act not later than three (3) months from the effectivity
of this law.
3. PSA Act (2013), sec. 32.
a. Section 32. Implementing Rules and Regulations. — The PSA Board together
with the PSA, the PSRTI, the NEDA and other concerned agencies of
government that may be determined by the PSA Board, shall formulate the
implementing rules and regulations of this Act within ninety (90) days after
its approval. Such rules and regulations shall take effect fifteen (15) days after
its publication in a newspaper of general circulation in the Philippines.
4. Exec. Order No. 157 (1994), sec. 1.
a. Section 1. The Civil Registrar General shall immediately implement the rules
and regulations governing the registration of acts and events concerning civil
status of Muslim Filipinos as provided in Administrative Order No. 2, Series
of 1993;
D. Permit Power
1. FAMILY CODE, art. 7(2).
a. Article 7. Marriage may be solemnized by: [xxx] Any priest, rabbi, imam, or
minister of any church or religious sect duly authorized by his church or
religious sect and registered with the civil registrar general, acting within the
limits of the written authority granted by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect.
2. Registration of the Authority to Solemnize, NSO Adm. Order No. 1 (2007), Rule 7.
Bishop
Founder of the religion/religious sect
Head of the religion/religious sect
Who Priest
Imam
Tribal Head/Chieftain
Other religious ministers/pastors
1. 3 Accomplished OCRG-SO Form No. 1
2. 3 2x2 ID
3. Machine copy of appointment as priest, imam, etc.
4. Endorsement from head of religion
5. Certified copy of birth certificate
How
6. Certified true copy of certificate of ordination
7. Registration fee
8. Certificate of Registration, Articles of Incorporations and by-
laws, and updated General Information Sheet (GIS) certified
by the Head of the religion or religious sect.

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Where PSA Provincial Office

When On or before the 31st of December but not earlier that the 1st of
October of that year authority will expire.

E. Adjudicatory Power (NSO Adm. Order No. 1 [2001], as supplemented by NSO Adm. Order No. 1
[2012])
1. LCR
a. Exclusive Original Jurisdiction over Petitions to—
i. To correct a clerical or typographical error in an entry
ii. To change the first name or nickname in the civil register (Rep. Act
No. 9048, sec. 4)
Who Person having direct and personal interest
How 1. Verified petition, supported by—
2. Certified true machine copy of certificate or page of registry
book to be corrected
3. At least two public/private documents showing the correct
entry
Other documents LCR/CG may consider relevant
Process 1. LCR will post the petition and supporting documents in a
conspicuous plays for ten consecutive days
2. Render decision within five working days after completion
of posting requirement
3. Transmit copy of decision to CRG within five working days
from date of decision
Where GR: LCR where records are
ER: LCR of domicile, if—
(1) migrated elsewhere in PH and
(2) impractical in terms of transportation expenses, time, and
effort
SR: Nearest consulate, if resident or domiciled outside PH
Grounds 1. The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to
write or pronounce.
2. The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly
known by that by that first name or nickname in the
community: or
3. The change will avoid confusion.

2. CRG
a. Power to impugn a favorable decision
i. Grounds (NSO Adm. Order No. 1 [2001], Rule 11)
i. Error not clerical or typographical
ii. Correction of an entry in the civil register is substantial or
controversial as it involves the change of the age, sex,
nationality or civil status of a person
iii. Petition for correction of clerical or typographical error was
not posted, or the petition for change of first name was not
published as required under Rule 9
iv. The basis used in changing the first name or nickname of the
person does not fall under any of the following circumstances:
1) The name or nickname is ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
2) The new first name or nickname has been habitually
and continuously used by the petitioner and he has
been publicly known by that first name or nickname
in the community.

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3) The change of first name or nickname will avoid

confusion.
v. LCR does not have authority to take cognizance of the case.
ii. Otherwise, it becomes final after 10 working days

b. Appellate Jurisdiction over LCR decision to deny

i. Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to
the civil registrar general or file the appropriate petition with the
proper court. (Rep. Act No. 9048, sec. 7, par. 5, as amended)
c. NSO Adm. Order No. 1 (2001), Rule 14. (Appeal)
Who Petitioner who suffered adverse decision
How Filing notice of appeal with LCR within 10 working days from
receipt of decision
- LCR will submit petition and all supporting documents
to the CRG within 5 working days from receipt of notice
- CRG will render decision within 30 calendar days after
receipt
- CRG will transmit decision to LCR within 10 working
days of decision
Grounds 1. New evidence is discovered, which when presented, shall
materially affect, alter, modify or reverse the decision of the
LCR
2. The denial of the LCR is erroneous or not supported with
evidence.
3. The denial of the C/MCR is done with grave abuse of
authority or discretion.

3. Cases:
a. Republic v. Valencia ex rel. Go, G.R. No. 32181, 5 March 1986
i. Facts—Respondent mother sought to make substantial in the
citizenship of her minor children from “Chinese” to “Filipino”, status
from “Legitimate” to “Illegitimate”, and status of mother from
“Married” to “Single” appearing on the entry of birth. The Republic
opposed as RULES OF COURT (1964), Rule 108 contemplates summary
procedure on clerical and innocuous issues.
ii. Held—Even substantial errors in a civil registry may be corrected and
the true facts established provided the parties aggrieved by the error
avail themselves of the appropriate adversary proceeding. To follow
the petitioner's argument that Rule 108 is not an appropriate
proceeding without in any way intimating what is the correct
proceeding or if such a proceeding exists at all, would result in
manifest injustice.
b. Silverio v. Republic, G.R. No. 174689, 22 October 2007
i. Facts—Male-born transwoman Silverio sought to change her name
and sex on the birth certificate to her transitioned alias and sex. The
Republic opposed saying there was no law authorizing change in such
entries on account of reassignment surgery.
ii. Held—Primary Jurisdiction over petition for change of name is lodged
with the Civil Registrar or the Consul General (Rep. Act. No. 9048).
The intent and effect of the law is to exclude the change of first name
from the coverage of RULES OF COURT, Rules 103, 108 until and unless
an administrative petition for change of name is first filed and
subsequently denied. Remedy and the proceedings regulating change
of first name are primarily administrative in nature, not judicial.
iii. Comments: Cites Lee v. Court of Appeals which cites Republic v.
Valencia

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c. Republic v. Cagandahan, G.R. No. 166676, 12 September 2008

i. Facts—Respondent was diagnosed with Congenital Adrenal
Hyperplasia, giving him both sexual characteristics. He filed petition
for correction of entry in his birth certificate to change sex from
“female” to “male”. The Republic opposed saying RULES OF COURT,
Rule 108 does not allow change of sex.
ii. Held— Together with CIVIL CODE, art. 412 was amended by Rep. Act
No. 9048 in so far as clerical or typographical errors are involved. The
correction or change of such matters can now be made through
administrative proceedings and without the need for a judicial
order. In effect, Rep. Act No. 9048 removed from the ambit of Rule 108
of the Rules of Court the correction of such errors. Rule 108 now
applies only to substantial changes and corrections in entries in the
civil register.
iii. Comment—Cites Silverio v. Republic, modifies Republic v. Valencia
ex rel. Go
d. Onde v. Office of the Local Civil Registrar, G.R. No. 197174, 10 September 2014
i. Facts—Petitioner seeks to correct his birth certificate claiming he is
an illegitimate child, his name is misspelled, and his mother’s name
is incorrect. RTC dismissed the petition proceedings must be
adversarial since the correction is substantial in nature and would
affect petitioner’s status as a legitimate child. Further held that the
correction in the first name of petitioner and his mother can be done
by the city civil registrar
ii. Held—RTC affirmed. In Silverio v. Republic, SC held that under R.A.
No. 9048, jurisdiction over applications for change of first name is now
primarily lodged with administrative officers. RTC’s dismissal is
without prejudice. Petitioner can avail of the administrative remedy
for the correction of his and his mother’s first name.
iii. Also Held—He can also file a new petition before the RTC to correct
the alleged erroneous entry on his birth certificate that his parents
were married. This substantial correction is allowed under Rule 108
of the Rules of Court.
iv. Comment—Clarified jurisdiction. Clerical and innocuous changes or
corrections are allowed in summary administrative proceedings with
the LCR. Substantial changes must be done before the Regional Trial
Court under RULES OF COURT, Rule 108.

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APPENDIX

1. Registry Books (NSO Adm. Order No. 1 [1993], Rule 7)

a. Register of Births
b. Register of Foundlings
c. Register of Deaths
d. Register of Marriages
e. Register of Court Decrees/Orders
i. Adoption/Rescission of Adoption
ii. Annulment of Marriage/Declaration of Absolute Nullity of Marriage/Legal
Separation/Court order Setting Aside the Decree of Legal Separation
iii. Change of Name/Correction of Entry
iv. Appointment of Guardian/Termination of Guardianship
v. Judicial Determination of Filiation
vi. Judicial Determination of the Fact of Reappearance of Absent Spouse, if disputed
vii. Naturalization Certificate/Cancellation of Naturalization Certificate
viii. Separation of Property/Revival of Former Property Regime
ix. Emancipation of Orphaned Minor
x. Other Registrable Court Decrees/Orders
f. Register of Legal Instruments
i. Affidavit of Reappearance
ii. Acknowledgement
iii. Acquisition of Citizenship
iv. Authorization and Ratification of Artificial Insemination
v. Certificate of Legal Capacity to Contract Marriage
vi. Legitimation
vii. Option to Elect Philippine Citizenship
viii. Partition and Distribution of Properties and Delivery of the Children’s Presumptive
Legitime
ix. Marriage Settlement and any modification thereof
x. Repatriation with Oath of Allegiance
xi. Voluntary Emancipation of Minor
xii. Waiver of Rights/Interests of Absolute Community of Property
xiii. Other Registrable Legal Instruments
g. Civil Interdiction
h. Declaration of Presumptive Death of Absent Spouse
i. Register of Applications for Marriage License

2. Civil Registration Forms (NSO Adm. Order No. 1 [1993], Rule 8)

a. Accomplished with LCR
i. Certificate of Live Birth
ii. Certificate of Foundling
iii. Certificate of Death
iv. Certificate of Fetal Death
v. Certificate of Marriage
vi. Application for Marriage License
vii. Certified True Copy of Court Decree or Legal Instrument
b. Accomplished with PSA
i. Application for Registration of Authority to Solemnize Marriage (NSO Adm. Order
No. 1 [2007])

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