Civil Registrar-General: Roles and Powers
- The Director of the National Library acts as the Civil Registrar-General.
- Authorized to enforce the Act, issue regulations (with Secretary of Justice approval), and prepare necessary forms.
- May direct local civil registrars regarding their duties.
- Responsible for reporting violations, irregularities, negligence, or incompetence of local registrars.
Local Civil Registrars: Designation and Supervision
- Treasurers of municipalities, municipal districts, and cities serve as local civil registrars without extra compensation.
- In Manila, the local civil registrar is appointed from the Philippine Health Service.
- Local civil registrars operate under the supervision of the Civil Registrar-General.
Civil Register Books
- Local registrars shall maintain and preserve:
- Birth and death register
- Marriage register (including marriages, divorces, dissolved marriages)
- Registers for legitimation, acknowledgment, adoption, name changes, and naturalization.
Birth Registration and Certification
- Birth registration is based on declaration by attending physician, midwife, or either parent within 30 days.
- Declaration exempt from documentary stamp tax and must include:
- Date and time of birth
- Sex and nationality
- Parents’ names, citizenship, religion, and civil status
- Place of birth and other required data
- For exposed children, the finder must report relevant circumstances.
- Birth certificates for illegitimate children signed by both parents or mother if father refuses; father’s identity must not be disclosed if refusal occurs.
- Foetuses with human features dying beyond 24 hours from womb exclusion are to be registered as births and deaths.
Death Registration and Certificate
- No burial without a recorded death certificate.
- Certificate issued by attending physician, health officer, family member, or knowledgeable person.
- Must include:
- Date, place of death
- Full name, age, sex, occupation, residence
- Marital status, nationality, probable cause of death
- During epidemics, burial allowed if death certificate is secured; registration to follow within five days.
Marriage Registration and Related Entries
- Marriages solemnized by authorized civil officers or religious ministers must be reported to local civil registrars within prescribed period.
- Petitioners for divorce or annulment must send certified court decrees to registrars where marriages were solemnized.
- Marriage entries include:
- Names and addresses of parties
- Ages, date and place of solemnization
- Witnesses’ information
- Consent for minors, solemnizing officer’s details
- Divorce and annulment entries must include parties’ names, decree date, and other details as required.
Legitimation Registration
- Legitimation by subsequent marriage recorded with names of parents, marriage date/place, officiating minister, and civil register reference.
- Names of legitimated children linked to birth certificates included.
Acknowledgment by Public Instrument
- Voluntary acknowledgment by parents recorded with detailed information of the child and acknowledgment document.
- Certified copy of acknowledgment to be sent to local civil registrar within twenty days.
Registration of Adoptions, Name Changes, and Naturalizations
- Interested parties must register relevant decrees with local civil registrar where the decree was issued.
- Required data and names added to respective registers.
Court Clerks’ Duties
- Ensure final court decrees on legitimation, acknowledgment, adoption, naturalization, and name changes are registered.
- If not registered, the clerk must record the decree in the proper civil register office.
Duties of Local Civil Registrars
- File and store registrable certificates and documents.
- Compile and send monthly reports to Civil Registrar-General.
- Issue certified copies upon payment of prescribed fees.
- Bind and classify documents annually.
- Index entries for ease of reference.
- Administer oaths free of charge for civil registration purposes.
Nature of Registered Documents
- Civil register books and related documents are public and prima facie evidence of the facts recorded.
- Open to public during office hours and securely kept.
- Documents cannot be removed without court order; certified copies may be issued.
Funding and Fees
- Expenses for establishing local registries paid from municipal funds.
- Fees for registration and certified copies prescribed and vary by document type (e.g., P2.00 for legitimation/adoption, P20 for naturalization).
- Official uses and court requests may be exempt from fees.
- Collected fees accrue to municipal general fund.
Preservation of Existing Register Books
- Current birth, death, marriage registers, and related documents held by municipal secretaries or Manila court clerks transferred to local civil registrars.
Penalties for False Statements
- Persons making false statements in registration forms face imprisonment (1–6 months), fines (P200–P500), or both.
Penalties for Failure to Report and Other Violations
- Failure by persons required to report civil status facts punished by fines from P10 to P200.
Sanctions on Local Civil Registrars for Negligence
- First offense: administrative fines up to three months’ salary.
- Subsequent offenses: removal from service.
Application of the Act to Special Provinces
- Civil Registrar-General may extend Act’s provisions to special provinces upon Bureau of Non-Christian Tribes’ recommendation.
Transitory Provisions
- Duties related to marriage licensing, registration, and document filing transferred from municipal secretaries and court clerks to local civil registrars.
Repeal and Effectivity
- Acts or parts inconsistent with this Act are repealed.
- The Act becomes effective three months after approval.