Article 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)
Article 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. (326a)
Notes:
1) Definitions.
a. Civil register – refers to a recording system for purposes of mandatory and continuous recording any acts, events, and judicial decrees concerning the civil status of persons.
b. Civil registry or Local Civil Registry (LCR) – refers to the Government office/agency in-charge of maintaining the civil register or civil registry.
c. Local Civil Registrar – refers to the individual who is in-charge of the LCR in a city/municipality.
2) What are recorded. The following are recorded in the civil register:
(1) Births;
(2) Marriages;
(3) Deaths;
(4) Legal separations;
(5) Annulments of marriage;
(6) Judgments declaring marriages void from the beginning;
(7) Legitimations;
(8) Adoptions;
(9) Acknowledgments of natural children;
(10) Naturalization;
(11) Loss of citizenship;
(12) Recovery of citizenship;
(13) Civil interdiction;
(14) Judicial determination of filiation;
(15) Voluntary emancipation of a minor; and
(16) Changes of name.
Article 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)
Notes:
1) Recording of judicial orders, duty of clerk of court. The clerk of the court which issued the judicial decree, has the duty to ensure registration with the Local Civil Registrar of judicial decrees involving legal separation, adoption, naturalization and other judicial orders.
a. Same; If not registered, to send copies to the Civil Registry. If the judicial decree mentioned in the immediately preceding paragraph has not yet been recorded, the clerk of court has the duty to send a copy of said decree to the LCR of the city or municipality where the court is functioning,
Article 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)
Notes:
1) Rules on civil registry of books.
a. Public documents. The civil registry books and all documents relating thereto are considered as public documents.
b. Prima facie evidence. The civil registry books and documents related thereto are considered as prima facie evidence of the facts stated therein.
Article 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n)
Notes:
1) Civil liabilities of the Civil Registrar. For any unauthorized alteration in any civil register, the Civil Registrar is civilly liable to the person suffering damage thereby.
a. Liability is civil, and not criminal. The risk of liability is civil in nature and thus may result in some form of damages against the Civil Registrar if found liable. The liability stated herein is not a criminal liability and hence the Civil Registrar will not be exposed to any form of penalty, whether via a fine or imprisonment.
b. To the person suffering damage. The phrase “the person suffering damage” may include:
(1) The person whose records in the civil registry has been the subject of an unauthorized alteration; or
(2) Any other person who may be dependent on the record of another person whose records have been the subject of an unauthorized alteration – e.g., children whose filiation or rights to succession depends on the records of their parents.
Article 412. No entry in a civil register shall be changed or corrected, without a judicial order. (n)
Notes:
1) Amended by R.A. 9048, further amended by R.A. 10172. This article has been amended by R.A. 9048, as further amended by R.A. 1017.
a. Section 1, R.A. 9408: “Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. – No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.”
b. For all others: judicial order. For all other not covered by R.A. 9408, a judicial order is necessary for the changes in the civil register.
2) Rules on changes or correction of entries in civil register.
a. General Rule: No entry in a civil register shall be changed or corrected.
b. Exceptions:
(1) Judicial Order; or
(2) Administrative decision via R.A. 9408.
Article 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)
Notes:
1) All other matters, special laws. For all other matters that may be required to be registered or recorded other than the items mentioned above, it shall be governed by special laws.
References
• Republic Act No. 9048, as amended
• FAQ on Republic Act No. 9048, Philippine Statistics Office Official Website (visited April 22, 2023) <https://psa.gov.ph/civilregistration/civil-registration-laws/faq-republic-act-no-9048>
Related
•FAQ: RA 9408, Change of Name, etc.
..
/Updated: April 23, 2023
