1

National Capital Region — Civil Registration News

The Official Newsletter of the National Statistics Office The Official Newsletter of the National Statistics Office National Capital Region on Civil RegistrationNational Capital Region on Civil Registration

(Volume No. 2, Issue No. 2) April-September 2010

National Workshop on Civil Registration held in Manila

The National Statistics Office-Office of the Civil

Registrar spearheaded the conduct of the 5th National Workshop on Civil Registration (5NWCR) on August 3 to 5, 2010 at the SMX Convention Center, SM Mall of Asia, Pasay City. with the theme: “Tamang Rehistro, Lahat Panalo”. According to Mrs. Lourdes J. Hufana, Director, Civil Registry Department-NSO, a total of 1,640 participants attended the biennial event. The workshop provided a venue for exchange of ideas and sharing of experiences among the 960 civil registrars, 125 mayors, 5 members of the judiciary and 600 other stakeholders. It also provided updates concerning the implementation of civil registration system in the Philippines. Relevant topics discussed included Barangay Civil Registration System (BCRS); LGU-BREQS Experience; CRS Frontline Service; and Philippine Registry Information System (PhilCRIS). Highlighting the occasion was the giving of awards to Outstanding Civil Registrars in five different categories: extra small; small, medium; large and extra large.

Taguig LGU, NSO ink Agreement on BREQS Services

The people of Taguig City will now have relief as far as securing NSO certified copies of civil registry documents is concerned. This developed as the city government has recently entered into a Memorandum of Agreement (MOA) with the National Statistics Office on the services of the Batch Request Entry System (BREQS). As stated in the Monthly Report of Mr. Levitico I. Balajadia, Provincial Statistics Officer, NSO-NCR V (Makati, Taguig, Pateros or MATAPAT areas) to NSO-NCR Regional Director Lourdes V. Homecillo, the MOA signing was made and entered by and between the City of Taguig and the NSO last September 27, 2010. Both offices were represented by Hon. Mayor Laarni L. Cayetano and Hon. Carmelita N. Ericta. Mr. Balajadia also reported that the MOA was later ratified by the City Council in their subsequent resolution No. 131 series of 2010. Designed primarily for LGUs, the BREQS provides for an off-line method of encoding request for civil registry documents and submission thereof to an online Serbilis Outlet. The BREQS for Taguig will be serviced by the NSO Makati Serbilis Outlet located at the Makati City Hall. Turn to page 4

I N T H I S I S S U E

S.O. Watch: Authority of Solemnizing Officer

Extra: Foreign Divorce

Mailbox: Student Confused of his Citizenship

Frequently Asked Questions

Did you know ? Conferring Japanese Nationality to a “JaPinoy” Kid

Literature: Kabilang Ako

The Quarter in our Civil Registration History

NSO, WHO hold training on Coding of Causes of Death The National Statistics Office in cooperation with the

World Health Organization (WHO) and Department of Health have recently conducted the 3rd batch training on International Classification of Death (ICD 10) for Local Civil Registrars on September 13 to 17 2010 at Kimberly Hotel, Tagaytay City.

A total of fifty six participants mostly from the National Capital Region have attended the training. These included Municipal Health Officers; coders from Local Civil Registry Offices and coders from public hospitals. WHO shouldered all the registration fees and accommodation expenses of the trainees. The ICD 10 is a coding of diseases and signs, symptoms, abnormal findings, complaints, social circumstances and external causes of injury or diseases, as classified by the World Health Organization.

Nation’s Best Civil Registrar: Ms. Josefina Villorante, City Civil Registrar of Las Pinas City, Metro Manila (2nd from left), posed with NSO Central and NCR Officials after receiving the Top Award for Best Civil Registry Office, Extra Large Category during the 5th National Workshop on Civil Registration held last August 3-5 2010, at SMX Convention Center, Pasay City. (From L-R) Mr. Paciano Dizon, OIC,NSO-NCR VI, Ms Villorante, Director Loudes J. Hufana, NSO-CRD, Deputy Administrator Paula Monina G. Collado, Luningning Aragon, former Las Pinas City Civil Registrar, Administrator Carmelita N. Ericta, and NCR Regional Director Lourdes V. Homecillo (holds Award for Pasay City Civil Registry Office)

2

National Capital Region — Civil Registration News

This column discusses issues on concerns on

the issuance of Certificate of Registration of Authority to Solemnize Marriage.

This column features answers to queries sent by

the public through mail. e-mail, telephone etc..

Authority to Solemnize Marriage

We often heard from some couples both from affluent and poor families who claimed that their marriages are now in the rock or even null and void from the beginning. If we have to look back, these couple were even excited telling how happy they are since they are now married, in biblical principle, they are now united as one flesh.

As the government agency that keeps the roster of registered solemnizing officers, NSO often encounters individuals and law firms inquiring or requesting certification if the person who officiated their marriage or the marriage of their client before was authorized. The authority of a solemnizing officer is one among the three formal requisites of marriage in order to be considered valid. The other two are a valid marriage license and the ceremony. The absence of one of the formal requisites will render the marriage void from the beginning. This means that even if the couple have a marriage license, there was a ceremony, they were of legal age and had given their consent freely (essential requisites), the marriage may be declared as null and void from the beginning if the person who officiated it had no authority.

Who gave the authority to solemnize marriage? The

authority to solemnize marriage is conferred to priests, ministers, pastors, and imams by their respective churches. Authority to solemnize marriage is also an inherent function among the incumbent city or municipal mayors, consul general or vice consul. It also vested to all incumbent members of the judiciary.

The authority granted to priests and ministers, etc.

must be registered with the Office of the Civil Registrar General because such registration is the basis of legal sanction of marriage. As cited in Vilar vs. Paraiso case, (G.R. No. L-8014, March 4, 1955, 96 Phil. 659), the registration is required for a two-fold purpose: to inform the public not only of the authority of the minister to discharge religious function, but equally to keep them inform of any change in his religious status. This information is necessary for the protection of the public. This is especially so with regard to the authority to solemnize marriages, the registration of which is made by the law as mandatory (Articles 92-96, New Civil Code)” (sic).

The authority to solemnize marriage is valid for three

years and expires on every December 31 of the third year as provided for by RA 6514. Administrative Order No. 1, Series of 2007 issued by the Office of the Civil Registrar General is the latest Implementing Rules and Regulations as far as the registration of authority to solemnize marriage is concerned. For the National Capital Region, the registration is handled by the Civil Registry and Information Management Division.

Conferring Japanese Nationality to a “JaPinoy” Kid Did you know that when a child is born to a Japanese national and Philippine national in the Philippines shall only be considered a Japanese national only after the parents of the child have notified either the Consulate-General of Japan in Manila or Davao, or the appropriate city hall in Japan of the birth of the child. The reporting must be done not later than three months after the birth of the child otherwise, the child shall lose his/her Japanese nationality. Source: Embassy of Japan, Manila

DSWD NCR Director praises NCR-CRN The Regional Director of DSWD NCR, Ms Thelsa P.

Biolena sent words of praise to NSO-NCR Regional Director Lourdes V. Homecillo appreciating the usefulness of articles published in the NCR-CRN.

Student “Confused” of his Citizenship

Peter Alonzo (not his real name), a student of a well-

known state university has emailed the National Statistics Office and asked how can he secure a copy of his birth certificate from the office if he was born in the United States from both Filipino parents in 1993. He added that the University Registrar is pressuring him to submit documents to support that he is a Filipino citizen. He holds no Philippine Passport as he does not have a birth certificate. He also asked if he is allowed to obtain a Philippine Passport.

His query gives us the opportunity to discuss how a foreign event is registered. There are two registrations for such situation. The first registration is done under the civil registry law of the foreign country, and the second registration is done under Philippine law. The second registration is effected when his parents execute a Report of Birth at the consular section of the Philippine Embassy or Consulate General based on the country of birth. The document is then forwarded to the Office of the Civil Registrar General through the Consular Records Division, Office of Consular Affairs (CRD-OCA) of the Department of Foreign Affairs, Manila.

With regards to his securing a birth certificate, we advised him to secure first a dispatch number from the CRD-OCA, DFA Manila as this will serve as the reference or record locator for the verification whether he has a Report of Birth executed and reported by his parents when he was born. Having born in the United States confers him US citizenship under the virtue of the “jus soli” principle. With regards to his Philippine citizenship concern, we advised him to coordinate with the Bureau of Immigration and avail the provisions of the Dual Citizenship Law (RA 9225).

3

National Capital Region — Civil Registration News

John De la Cruz awaits RA 9858 Implementation

John de la Cruz (not his real name) is a modern day Filipino kid and a nursing graduate from a Manila-based university. He took and passed the nursing board examination given by the Professional Regulation Commission last July 2010. However prior to his application, he passed through the “eye of the needle” due to a discrepancy of his surname in his birth certificate and school records. He was born illegitimate from young parents in May 2, 1990. His parents were only 17 years old when he was conceived but have turned 18 when he was born. Barely two weeks after he was born, his parents got married. His birth certificate was late registered (92-57032) using the surname of his mother but has used his father’s surname from childhood to college.

To fix his status and for his surname to be consistent to what he is using now, his parents applied for his legitimation that was approved by the civil registrar of the city where he was born. However, this was denied by the National Statistics Office on the grounds that “only 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, may be legitimated”. (Art 177, Family Code). As stated earlier, his parents were below 18 years old when he was conceived. The disapproval of his legitimation then caused him problems about his taking the nursing board examination. We advised him to write the Legal Services Division, PRC if they can allow him to take the Board Examination with condition. His request was approved.

Going back to his legitimation, what may be the reason why this was approved by the civil registrar? Well, they might have based their decision on the fact that when John was born, his parents were already 18 years old and are legible to enter into marriage had they do so at that time. Unfortunately, this is not what the law on legitimation provides. Although his parents were eligible to enter into a marriage at the time of his birth, there was still an age impediment when he was conceived. It is another situation when his parents have legally entered into marriage even just a day before his birth. In this case, he is legitimate. Before the enactment of RA 9858, which provides that children born to underage parents can be legitimated, the only legal remedy in order for children under such circumstances to be able to carry their father’s surname is only adoption. Since the approval of RA 9858 on December 20, 2009, the Committee that is tasked to prepare its Implementing Rules and Regulations has still to come up with the final draft of the IRR. John and the others in a similar situation are eagerly awaiting for the IRR.

NSO-NCR goes on “Air with Wings” The NSO-NCR Regional Office was recently given a segment on the Radio Program “Ugnayan Ng Anghel Ng Masa Mula sa Puso Ng AFP” over Armed Forces Radio-DWDD 1134 khz AM Band, a public service program aired live from Monday to Friday from 3:00-6:00 in the afternoon. Turn to page 5

News in a brief…….

QC Civil Registry Office launches fast document retrieval

The Quezon City Civil Registry Office has recently launched their Data Management Solution System. In a letter dated 30 September 2010 to NSO Administrator Carmelita N. Ericta, also the Civil Registrar General, Civil Registrar Ramon M. Matabang of Quezon City informed that they can now serve their clients in retrieving registered birth, marriage and death certificates from 1945 up to 2007 in around five minutes.

NCR Reg’l Office, District III brief Camp Crame-based Ministers

The NCR-Regional Office and NCR District III (PAMAMARISAN or the Pasig, Mandaluyong, Marikina and San Juan Areas) have conducted jointly a half-day briefing on Solemnization and Registration of Marriage for members of the Pastors and Elders Association for Righteous Leadership (PEARL) last August 23, 2010 at the PNP Legal Service Bldg in Camp Crame, Quezon City.

NCR RO talks at Ecumenical Conference on Inter-Marriages

CRIMD Chief Lilia R. Nuesca represented NCR-Regional Director Lourdes V. Homecillo as one of the resource persons in the Ecumenical Conference on Inter-Marriages Between Christians of Different Persuations held on August 27, 2010 at the Heritage Worship and Spiritual Formation Center of the Lord’s Flock Catholic Charismatic Ministry at 5B Catanduanes St., near Del Monte Avenue, Quezon City. The affair was organized by the National Council of Churches in the Philippines (NCCP) and the CBCP Commission on Ecumenical Affairs with the Catholic Fraternity of covenant Charismatic Communities (CFCCCF). Mrs. Nuesca presented the topic “Inter Marriages on the Civil government” to the said occasion.

RCWC, NSO to hold

Birth Registration Forum

The National Capital Region-Regional Council for the Welfare of Children (NCR-RCWC) wherein the NSO-NCR is an active member will conduct a Forum on Birth Registration on `November 17, 2010 at the DOLE-NCR Regional Office in Malate, Manila. The forum aims to heighten awareness of participants on the importance and relevance of birth registration and to come up with a resolution pressing for the complete free birth registration as provided by the Civil Registry Law. The resolution will be endorsed by the RCWC to the Council for the Welfare of Children.

4

National Capital Region — Civil Registration News

Rehistradong Pangalan, Kanilang Karapatan!

The following are some significant dates that form part in our Civil Registration History. Other dates are not included due to space constraint. April 8, 2005: OCRG issues Memorandum Circular No. 2005-001 - City Municipal Registrars may require CENOMAR as requirement for Legitimation. May 18, 1993: Effectivity of Administrative Order No. 2, 1993 that was issued by the Office of the Civil Registrar General to resolve the problem of registration of Muslim of Marriages. June 15, 2006: OCRG issued Memorandum Circular No. 2006-04-Regarding Prohibition of Correction of Entries in Civil Registry Documents already submitted NSO-Provincial Offices July 6, 1987: President Corazon C. Aquino signed Executive Order No. 209 or the Family Code of the Philippines. July 14, 1994: OCRG issued Circular No. 94-6 regarding the Opinion No. 81, S. 1994 of the Secretary of Justice concerning the recording of names of members of ethnic cultural communities. July 24, 1991: OCRG issued Circular No. 91-5 regarding the Opinion No. 106, S. 1991 of the Secretary of Justice concerning the registration of legitimated children under the rules of delayed registration of birth should first be recorded in the civil register as illegitimate. August 3, 1988: Executive Order No. 209 or the Family Code of the Philippines took effect. August 15, 2006: OCRG issued Memorandum Circular No. 2006-o6 regarding Out-of –Town Reporting of Marriage. August 24, 1982: OCRG Issued Circular No.4, Series of 1982, Re: Judgment issued by a foreign Court is not Self-Executory in the Philippines. September 24, 2007: OCRG issued Memorandum Circular No. 2007-008, Re: Guidelines in the Annotation of Civil Registry documents

Divorce Obtained Abroad

In our previous issue, a question was raised whether a divorce validly secured abroad by a Filipino is recognized in the Philippines? The answer is “No”. As provided by law, divorce is not recognized in the country as a mode of dissolving marriage. How about if the divorce was initiated or secured by a non-Filipino who previously contracted marriage with a Filipino spouse? In a case like this, the provision of Article 26(2) of the Family Code applies. It provides that “where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law”.

How about in a situation where one party of a marriage between two Filipinos who after obtaining a naturalization of other country sought a divorce with her Filipino spouse? Will the above provision of the law also applicable? Initially it was not. This has put the Filipino spouse in an absurd situation as he or she remains married to the alien spouse, who after obtaining a divorce, is no longer married to the Filipino spouse. This dilemma was resolved by the Supreme Court in the Republic of the Phil. vs Orbecido case in 2005. The ruling was based on fairness and justice as there is injustice if the divorce obtained by the former Filipino spouse against his or her Filipino spouse is not recognized. The court added that it will be in an absurd situation if the divorce is not recognized while the divorce between a foreigner and a Filipino is recognized.

It must be emphasized that the foreign divorce decree must be judicially recognized by a Philippine court to prove its validity, pursuant to Section 48, Rule 39 of the Rules of Court. In a recent Supreme Court ruling (Corpuz vs. Sto Tomas, Office of the Solicitor General. G.R. No. 186571, August 11, 2010 ), the case was remanded to the Regional Trial Court to determine whether the divorce decree is consistent with the divorce law of the country where the former Filipino who sought the divorce is now a citizen.

BREQS… (from page 1)

The City of Taguig is the second local government unit of Metro Manila to avail of the system. The City of Malabon has adopted the same system last July 2009. In a telephone interview with Malabon City Civil Registrar Priscila Gatchalian, she said that as of September 2010, the city has collected the amount of Php400,140 from the Php100 “add on” payment the city imposed per application. The “add on” payment is allowed under the MOA for operational expenses of the local government. It is collected aside from the regular NSO payment of Php140. Ms. Gatchalian added that under the Revenue Enhancement Program of the City for 2011, the city is contemplating to reduce the “add on” payment to an affordable price of P50.

5

National Capital Region — Civil Registration News

A student asked if he could retain his father’s surname that he had use since childhood until his discovery that he had a different surname in his registered birth certificate.

The desire of the student has no legal basis unless he will be recognized by his father in a public document as provided for by RA 9255 that allows the use of the father’s surname if the father recognizes the child in a record of birth or in a separate public document.

A legally married but separated woman bore a child from her current partner. What is the status of the child?

The child is presumed to be the legal child of the woman’s legal husband. However, presumption of legitimacy of a child is destroyed if there is clear proof that he/she is a son/daughter of another man.

A legally separated woman wants to use his maiden name in renewing her passport. Is this possible?

No, use of maiden name is allowed in passport application only if the married name has not been used in previous application. (Ma. Virgina V. Remo vs . The Honorable Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010)

An OFW in Saudi Arabia has converted to Islam, and contracts marriage at a Sharia’h Court. Can he use his Islamic name when he reports the marriage at the Consular Office?

The Muslim convert shall reflect the true names as appearing in his passport when he report his marriage. (Source: Philippine Consulate General, Jeddah, KSA)

A woman who had not heard from her spouse in 10 years asked if she could enter into a second marriage.

No matter how long she had not communicated her husband, she cannot remarry (to another party) as their marriage still subsist.

Does an acknowledged illegitimate child needs to reach 21 years old before he/she can be allowed to use his father’s surname.

No. Nowhere in the Civil Registry Law (Act 3753) and the use of Father’s Surname Law (RA 9255) prescribe such ruling.

Editorial Board:

Lourdes V. Homecillo Director II, NCR

Dorotea Lilia R. Nuesca Chief, CRIMD

Godofredo Mario D. Corrales Statistician III, CRIMD

Circulation Staff

Florfina A. Perez Edna Romero Vilma Borreo

The NCR-CRN

is the official newsletter of the National Statistics Office National Capital Region on

Civil Registration.

Address:

Civil Registry and Information

Management Division (CRIMD) 2/F Philippine Society Bldg. 3961 R. Magsaysay Blvd.

Sta. Mesa, Manila

For your queries, comments, and suggestions,

get in touch with us at: (632) 713-3052

Or

Visit our website at www.nso-ncr.ph

NSO on Air….(from page 3) Program host Ms. Teena S. Clemente has allotted in her Wednesday episode around 30 to 45 minutes of air time for NSO concerns. Kawal correspondence Ms. Beth Tanete visits the NSO-NCR every Wednesday for the phonepatch interviews. Regional Director Lourdes V. Homecillo, CRIMD Chief Dorotea Lilia R. Nuesca and Godofredo Corrales act as the regular resource persons. The Regional Office used to have regular radio guestings in the same station by way of the program of the Philippine National Police-NCRPO-Community Relations Service headed by then P/Supt. Agrimero Cruz Jr., (now the PNP Spokeperson) through the station’s “Post Operation Report” program. The program was hosted and anchored by Ms. Anabel T. Lasaten.

Kabilang Ako By

Ben Jay Espelimbergo (Former On the Job Trainee)

Seven days after the May National Election 2010

came Census of Population and Housing 2010 Conducted every ten years, by the National Statistics Office To account for the country’s population and living quarters

The entire process involves collecting, compiling, evaluating, analyzing

up to publishing and disseminating.

Data are gathered by dedicated public school teachers, augmented by NSO trained and courteous enumerators

Wearing an I.D. signed by the NSO Administrator They are to do house to house visit,

listing household members. Braving the scorching heat of the sun, insults and persecutions by some uncooperative households.

Giving false information is penalized by law

Better yet we should be warm in welcoming the Enumerators and give the true answers during the enumeration.

The 2010 CPH is for the Filipinos So participate, be part of the government

plans and programs, Cooperate and proudly say I AM COUNTED as Filipino.

6

National Capital Region — Civil Registration News

Did you find this helpful? Please Call 7133052

This article is used by permission from Leadership Wired, GiANT Impact's premiere leadership newsletter, available for free subscription at www.giantimpact.com."

Excellence: More Than Talent By John Maxwell Excellence" may bring to mind unmatched performance, unusual expertise, or consistent high-quality performance. In our minds, we often associate excellence with talent. To be the best, surely you have to be gifted, right? Experience has taught me that talent, while important, in no way explains excellence. In fact, the primary pathway to excellence has three main steps, none of which depends on talent. 1) Find Your Passion "You are nothing unless it comes from your heart. Passion, caring, really looking to create excellence. If you perform functions only and go to work only to do processes, then you are effectively retired. And it scares me-most people I see, by age 28, are retired. If you go to work only to fulfill the processes and functions, then you are a machine. You have to bring passion, commitment and caring-that's what makes you a human being." ~ Horst Schulze, Former President of Ritz-Carlton People of excellence love what they do. They have learned how to fuel the fire that keeps them moving. How do you spot a passionate person? 1) They work with their whole heart. 2) They work with undistracted attention. 3) They work with maximum energy. In life, the prize goes to the person, not who’s the smartest or most talented, it goes to the person with passion. Application: Reshuffle Tasks in the Direction of Your Passion 1) Take an inventory of the work activities that you enjoy, and in which you excel. What energizes you and makes you feel alive about them? 2) Take inventory of the work activities that drain away your energy. Ask yourself why these tasks feel so burdensome. 3) Have a conversation with your manager about shifting your workload in the direction of your passion. Don't expect your boss to allow you to reshuffle your responsibilities overnight. Be willing to take very small, gradual steps toward your passion. Even exchanging one de-energizing task for another that brings you energy is a victory. 2) Never Cease Practicing "If people knew how hard I had to work to gain my mastery, it would not seem so wonderful at all." ~ Michelangelo Passion won't take you anywhere unless you combine it with disciplined practice. Malcolm Gladwell, in his book Outliers, studies success and discovers that innate talent has a lot less to do excellence than does practice. In fact, he found that the successful people he studied (the Beatles, Bill Gates) put in 10,000 hours of practice before making a big splash. Nobody cruises to the top on natural giftedness alone. As Gladwell writes, "Practice isn't the thing you do once you're good. It's the thing you do that makes you good."

From the Net...

Excellence… Application: Don’t Just Learn...Do In hospital emergency rooms nurses have a saying, "Watch one, do one, teach one." This refers to the fast pace of the profession and the need to learn quickly, then jump right in to practice what you learned on a real live patient, and then pass it on just as quickly to someone else. Notice that learning is only the first one-third of the job. The real key is putting that learning into practice. The principle applies to any profession or business. You can't just read about how to change a tire, write a contract, start a business, or perform open-heart surgery. You need to perform the skill to perfect the skill. 3) Honor Your Values "I desire so to conduct the affairs of this administration that if at the end, when I come to lay down the reins of power, I have lost every other friend on earth, I shall at least have one friend left, and that friend shall be down inside of me." ~ Abraham Lincoln We all could give examples of talented, charismatic people who sabotaged their careers by abandoning their values. Passion and practice bring excellence, but character sustains excellence over time. Absence of strong character eventually topples talent. People cannot climb beyond the limitations of their character. Eventually the limelight of success brings to light the cracks in their integrity. Application: Clarify Core Values 1) Consider the question: What does excellent character look like? 2) Brainstorm a list of qualities you feel are important to character (honesty, integrity, etc.). Keep thinking and writing until you have at least 10. Then choose three of them as "core values." 3) Set aside time on your calendar (30 minutes or so), twice a month for the next four months, to pause and evaluate how you're doing in honoring your core values.

SIDE MEETING during the 5NWCR: (From L-R): Godofredo Corrales, NSO NCR, Luningning M. Aragon, Josefina Villorante Former and current Las Pinas City Civil Registrar respectively, Ms. Lilia R. Nuesca, Chief, CRIMD, Mr. Paciano Dizon, OIC-NCR VI (LAMPPARA) and Ms. Lourdes V. Homecillo, Regional Director, NCR.

"No man ever reached to excellence in any one art or profession

without having passed through the slow and painful process of study and preparation."

~ Horace

"