R.A. 9858

Republic of the Philippines

OFFICE OF THE CIVIL REGISTRAR GENERAL

National Statistics Office

Manila

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ADMINISTRATIVE ORDER NO. 1, SERIES OF 2010

Subject: RULES AND REGULATIONS

GOVERNING THE IMPLEMENTATION OF REPUBLIC

ACT NO. 9858 (An Act Providing for the Legitimation of

Children Born to Parents Below Marrying Age, Amending

for the Purpose the Family Code of the Philippines, as

Amended).

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“Art. 177. Children conceived and born

outside of wedlock of parents who, at the time

of the conception of the former, were not

disqualified by any impediment to marry each

other, or were so disqualified only because

either or both of them were below eighteen

(18) years of age, may be legitimated.”

Section 1 of Republic Act (R.A.) No. 9858 further

amended Article 177 of Executive Order No. 209, otherwise

known as the Family Code of the Philippines, to read as

follows:

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Commonwealth Act 591 mandates the National Statistics

Office (NSO) through the Office of the Civil Registrar General

(OCRG) to carry out and administer the provisions of Act No.

3753 otherwise known as the “ Civil Registry Law”.

Section 8 of Act No. 3753 provides for the registration

of legitimation by subsequent marriage of parents in the civil

register.

Pursuant to Section 2 of R.A. 9858, the following rules

are hereby adopted.

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Rule 1. Coverage

These rules shall apply to all children conceived and born

outside of marriage of parents who, at the time of conception of

the child, were not disqualified by any impediment to marry each

other, or were so disqualified only because either or both of them

were below eighteen (18) years of age.

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Rule 2. Definition of Terms

As used in these rules, the following terms shall mean:

2.1 Legitimation- is a process where a child born out of

wedlock is considered legitimate by fiction of law due to

the subsequent valid marriage of his/her parents.

2.2 Minor parent- a person under 18 years old who has a

child.

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2.3 Legal impediment- refers to all causes and

circumstances that may render the marriage void under

the Family Code of the Philippines such as:

a. prior existing marriage;

b. those contracted by any party below 18 yrs. of age

even with the consent of parents or guardians;

c. those solemnized by any person not legally

authorized to perform marriage unless such

marriage were contracted with either or both

parties believing in good faith that the solemnizing

officer had the legal authority to do so;

d. those solemnized without a license, bigamous or

polygamous marriages not falling under Article 41;

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e. those contracted through mistake of one contracting

party as to the identity of the other; and

f. Those subsequent marriages that are void under

Article 53.

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Rule 3. Requisites for Legitimation

Before a child may be legitimated, the following shall be

established:

3.1 The parents are not disqualified to marry each other

by any legal impediment at the time of conception of the

child, or are so disqualified because either or both of them

is/are minor parent/s;

3.2 The child is conceived an born outside a valid

marriage.

3.3 The parents subsequently enter into a valid marriage.

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Rule 4. Affidavit of Legitimation

4.3 Who shall execute

4.1.1 Both parents shall execute a Joint Affidavit

of legitimation; and

4.1.2 The surviving parent in case one of the

parents dies or is presumed dead shall execute an

Affidavit of Legitimation;

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In case where both parents died without executing any

Affidavit of Legitimation, the child, if of age, may file a

petition for legitimation in court. If the child is a minor,

the judicially appointed guardian or by persons authorized

by law to exercise substitute parental authority as

enumerated under Article 216 of the Family Code of the

Philippines may file the petition in court.

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4.2 Contents of the Affidavit of Legitimation

The Affidavit of Legitimation shall contain the

following:

4.2.1 the names of the parents and place of

residence;

4.2.2 the date and place when such marriage was

solemnized;

4.2.3 the name of the officer who officiated the

marriage;

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4.2.4 the name of the child to be legitimated;

4.2.5 the name and place where the child was born;

4.2.6 a statement that at the time when the child was

conceived, the aforesaid parents were not

disqualified by any impediment to marry each other

except age, and that they subsequently entered into a

valid marriage; and

4.2.7 a statement that by virtue of the subsequent

marriage, the said child in now legitimated.

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Rule 5. Registration Procedures

5.1 Who shall Register

The following shall register the Affidavit of

Legitimation:

5.1.1 The father and/or mother of the child to be

legitimated;

5.1.2 The child if of age; or

5.1.3 Any person authorized by the above or by

law as provided by Article 216 of the Family Code.

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5.2 What to Register

The Affidavit of Legitimation shall be registered.

It shall be supported by the following documents:

a. Certified True Copy (CTC) of the Certificate of

Live Birth of the child;

b. CTC of the Certificate of Marriage of Parents;

c. Certificate of No Marriage of both parents;

d. Death Certificate of the deceased parent/s in

case of death of either parent; and

e. Court order of the presumptive death, in case

one of the parents is presumed dead.

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5.3 When to Register

The affidavit of Legitimation shall be registered

within thirty (30) days from the date of execution.

5.4 Where to Register

5.4.1 The Affidavit of Legitimation executed

within the Philippines shall be registered at the

Local Civil Registry Office (LCRO) where the

child was born, if the birth occurred in the

Philippines.


within the Philippines shall be registered at the

City Civil Registrar (CCR) of Manila, if the

birth occurred outside the Philippines.

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outside the Philippines, whether the birth occurred

within or outside the Philippines, shall be

authenticated by the Consul General of his/her

representative in the nearest Philippine Consulate

General or Embassy which has jurisdiction over the

place where one of both of the parents reside. The

CCR of Manila shall register the authenticated

Affidavit of Legitimation.

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Rule 6. Effects of Legitimation

6.1 The effects of legitimation shall retroact at the time

of the birth of the child. The child shall enjoy the

same rights as legitimate children. (Article 174 of

the Family Code of the Philippines)

6.2 The annulment of a voidable marriage shall not

affect the legitimation (Article 178 of the Family

Code of the Philippines)

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6.3 The Certificate of Live Birth (COLB) and Register

of Births shall be annotated as follows:

6.3.1 If the birth was registered using the

surname of the father

“Legitimated by subsequent marriage of

parents < Name of Father> and <Name of

Mother> on <Date of Marriage> at <Place

of Marriage> under <Registry Number of

the Affidavit of Legitimation>”

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6.3.2 If the birth was registered using the

surname of the mother:

“Legitimated by subsequent marriage of

parents < Name of Father> and <Name

of Mother> on <Date of Marriage> at

<Place of Marriage> under <Registry

Number of the Affidavit of

Legitimation>. The child shall be

known as <Name of the Child by virtue

of the legitimation>”.

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Rule 7.Issuance of Certified Copy of Certificate of Live

Birth (COLB) and Certified Transcription from

the Register of Birth (LCR Form 1A)

7.1 No entry in the original copy of the COLB shall be

changed when a certified true copy is issued. It shall

only bear the annotation as provided under Rule 6.3

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7.2 The certified transcription (LCR Form 1A) from the

Register of Births issued shall bear the following effects:

a. The last name of the child shall be changed to the

surname of the father;

b. The middle name of the child shall be the maiden

surname of the mother;

c. The name of the father and other relevant information,

if not indicated in the COLB shall be entered;

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d. The entry on the date and place of marriage shall be

entered;

The annotation “Legitimated by subsequent marriage of

parents under Registry Number <Registry Number of

the Affidavit of Legitimation> shall appear on the

Remarks space.

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Rule 8. Processing of Documents at the Local Civil Registry

Office (LCRO)

8.1 For births occurring in the Philippines and the

Affidavit of Legitimation executed in the

Philippines

8.1.1 The City/Municipal Civil Registrar

(C/MCR) shall examine the Affidavit of

Legitimation and the supporting documents for

authenticity, completeness and consistency;

8.1.2 The C/MCR shall register the Affidavit of

Legitimation in the Registry of Legal Instruments;

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8.1.3 The C/MCR shall annotate the COLB and the

Register of Births;

8.1.4 The C/MCR shall issue a certified copy of

COLB or certified transcription (LCR Form 1A) with

annotations and/or Affidavit of Legitimation upon

request of authorized persons (Section 7, Presidential

Decree 603;

8.1.5 The C/MCR shall send to OCRG certified

copy of the folowing:

a. Annotated COLB;

b. COLB without annotation, if available;

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c. Affidavit of Legitimation;

d. Certificate of Registration of the Affidavit of

Legitimation;

e. Certificate of Marriage; and

f. Other supporting documents as applicable such as

Certificate of Death; Divorce, Declaration of Nullity, etc.

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8.2 For births occurring in the Philippines and the

Affidavit of Legitimation executed outside the

Philippines

8.2.1 The affidavit of Legitimation shall be

authenticated by the Consul General or his/her


General or embassy which has jurisdiction over the

place where one of both of the parents reside.

8.2.2 The CCR of Manila shall examine the

Affidavit of Legitimation and the supporting

documents for authenticity, completeness and

consistency;

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8.2.3 The CCR of Manila shall register the

authenticated Affidavit of Legitimation together with

the supporting documents as mentioned in 5.2;

8.2.4 The CCR of Manila shall forward a copy of

the Affidavit of Legitimation and supporting

documents as mentioned in 5.2 to the C/MCR where

the birth was registered;

8.2.5 The C/MCR where the birth was registered

shall annotate the COLB and the Register of Births;

8.2.6 The C/MCR where the birth was registered

shall issue a certified copy of COLB or certified

transcription (LCR Form 1A) with annotations upon


Decree 603);

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8.2.7 The C/MCR where the birth was

registered shall send to OCRG certified copy of

the following:

a. Annotated COLB;

b. COLB without annotation, if available

c. Affidavit of Legitimation;

d. Certificate of Registration of the Affidavit of

Legitimation;

e. Certificate of Marriage; and

f. Other supporting documents as applicable

such as Certificate of Death, Divorce,

Declaration of Nullity, etc.

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8.3 For births occurring outside the Philippines and

the Affidavit of Legitimation executed in

the Philippines


Affidavit of Legititmation together with the

supporting documents as mentioned in Rule

5.2.



documents to the OCRG.

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8.4 For births occurring outside the Philippines

and the Affidavit of Legitimation executed

outside the Philippines

8.4.1 The affidavit of Legitimation shall be

authenticated by the Consul General or his/her


General or Embassy which has jurisdiction over

the place where one or both of the parents reside;

8.4.2 The CCR of Manila shall examine the

Affidavit of Legitimation and the supporting

documents for authenticity, completeness and

consistency’

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authenticated Affidavit of Legitimation together

with the supporting documents as mentioned in

Rule 5.2;



documents to the OCRG.

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Rule 9. Processing of Documents at the OCRG

9.1 The OCRG shall examine the annotated COLB,

Affidavit of Legitimation and all supporting documents

submitted for authenticity and consistency;

9.2 The OCRG shall annotate Report of Births

following Rule 6.3;

9.3 The OCRG shall file the documents submitted by

C/MCRs in its archives; and

9.4 The OCRG shall issue a certified copy of the

annotated COLB and/or Affidavit of Legitimation upon


Decree 603).

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Rule 10. Retroactivity Clause

These rules shall have retroactive effect for all births

occurring within or outside the Philippines after the

effectivity of the Family Code.

Rule 11. Separability Clause

If any portion or provision of this Implementing Rules and

Regulations is declared void or unconstitutional, the remaining

portions thereof shall not be affected by such declaration.

Rule 12. Repealing Clause

All circulars, memoranda, rules and regulations or parts

thereof inconsistent with the provisions of these rules are hereby

repealed or modified accordingly.

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Rule 13. Effectivity

These rules shall take effect 15 days after its publication

in a newspaper of general circulation in the Philippines.

Approved this 26th day of October 2010.

Signed: CARMELITA N. ERICTA

Civil Registrar General

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THANK YOU

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R.A. 9858

Documents

Transcript of R.A. 9858