Affidavit Requirements for Late Birth Registration Using the Father’s Surname in the Philippines
Scope of this article: Late registration = filing a Certificate of Live Birth (COLB) more than 30 days after birth (Act No. 3753). Using the father’s surname may apply to legitimate and illegitimate children. The focus here is the affidavits the Local Civil Registry Office (LCRO) and the Philippine Statistics Authority (PSA) require—whether you file directly with the LCRO, through the Consulate (for births abroad), or via the Office of the Civil Registrar General (OCRG) in special cases.
1. Governing Laws & Regulations
| Law / Rule | Key Points Relevant to Affidavits |
|---|---|
| Act No. 3753 (Civil Registry Law) | Defines “late registration,” empowers LCROs to demand “such affidavits + supporting papers as may be required.” |
| RA 9255 + IRR (2004) | Allows illegitimate child to use the father’s surname upon: (a) the father’s express recognition (written or through notarised instrument) AND (b) an Affidavit to Use the Surname of the Father (AUSF) filed with the LCRO. |
| RA 9858 (2009) | Legitimation of a child by the subsequent marriage of parents; requires an Affidavit of Legitimation instead of AUSF if legitimation applies. |
| RA 9048 / RA 10172 | Administrative correction of clerical errors; occasionally invoked if the LCRO later needs to correct the child’s surname or sex after late registration. |
| 2021 PSA Handbook on CRS Procedures | Consolidates affidavit forms and check-lists for LCROs (LCR Form Nos. 102-B, 103-B, etc.). |
| PSA Memorandum Circulars (e.g., 2016-03, 2020-04) | Standard formats for the Affidavit of Delayed Registration of Birth and the Joint Affidavit of Two Disinterested Persons. |
2. Core Affidavits
Below are the affidavits normally demanded in addition to the filled-out COLB (LCR Form No. 1). Staples vary slightly by city/municipality, so always check with your LCRO.
| # | Affidavit | Who signs | When it is required | Main contents |
|---|---|---|---|---|
| 1 | Affidavit for Delayed Registration of Birth (ADR) | Usually the informant (parent, guardian, or the registrant if ≥18 yrs) | Always—because filing is late | Date/place of birth; reason for delay; facts of birth; undertaking to submit true documents. |
| 2 | Affidavit of Acknowledgment / Admission of Paternity | Father (or his duly-authorized attorney-in-fact) | Illegitimate child if the father personally recognizes the child (RA 9255) | Father expressly acknowledges paternity; consent to use surname; photocopy of valid ID attached. |
| 3 | Affidavit to Use the Surname of the Father (AUSF) – LCR Form No. 4 | Mother and father, or mother alone with father’s notarised acknowledgment attached | Illegitimate child wants father’s surname under RA 9255 | Statement of mother’s intent; father’s consent; checklist of attached proofs (e.g., admission of paternity, baptismal or school records if any). |
| 4 | Joint Affidavit of Two Disinterested Persons (JADP) | Any two adults not related to child within 4th civil degree | When no hospital/medical record, or facts of birth need corroboration | They attest they witnessed the birth or know the parent-child relationship; list IDs. |
| 5 | Affidavit of Legitimation (if RA 9858 applies) | Both parents | Child legitimated by subsequent marriage; replaces AUSF | Confirms marriage, continuous possession of status, no legal impediment at birth. |
| 6 | Affidavit of Loss / Affidavit-Declarant (optional) | Parent/guardian | If civil-registry supporting documents were lost/destroyed | Circumstances of loss and sworn affirmation originals are unavailable. |
| 7 | Affidavit of Attendant / Birth Attendant’s Affidavit | Midwife, hilot, or physician | Home birth or unattended birth without hospital certificate | Certifies facts of delivery. |
Notarization & Consular Acknowledgment
All affidavits must be sworn before a notary public in the Philippines. For migrants, execute before the Philippine Consulate with an Acknowledgment/Authentication (“red ribbon” or apostille).
3. Typical Documentary Packet
| Document | Notes |
|---|---|
| Four (4) COPIES of the COLB (LCR Form No. 1) | Completed with child’s father’s surname. |
| Core affidavits (ADR + AUSF and/or Legitimation + supporting affidavits) | Originals + three photocopies. |
| Parents’ valid IDs | At least one ID each; attach photocopies. |
| Marriage Certificate | Only if child is legitimate or applying RA 9858 legitimation. |
| Any 2–3 evidentiary documents proving birth facts | Baptismal / immunization record, first school enrollment form (Form 137-E or ESC), clinic record, barangay certificate, pre-natal record, old passport, etc. |
| Posting Certificate (if registrant ≥18 yrs) | LCRO posts notice of filing for 10 days; certificate filed after lapse. |
| LCRO / PSA official receipts | Filing fee (often ₱200–₱300) + documentary stamp tax + annotation fees for AUSF/legitimation. |
4. Step-by-Step Filing Flow
Gather & prepare affidavits.
- Use PSA-prescribed formats (available at LCRO).
- Ensure IDs and all attached papers are photocopy + “certified true” by notary.
Notarize/Apostille.
- Every affidavit must show the notary’s roll number & IBP number.
- Affidavits executed abroad must carry a Philippine Consulate acknowledgment or apostille.
Submit to the LCRO of the place of birth (or consular office if child was born abroad).
- Pay fees; obtain claim stub.
- If registrant is already ≥18 years, LCRO will order a 10-day posting (bulletin board).
Review & approval by LCRO.
- Registrar examines affidavits for sufficiency and consistency.
- Incomplete affidavits ⇒ notice of deficiencies; cure within given period.
Transmittal to PSA.
- Once approved, LCRO transmits an electronic copy (“DVSS”) + paper bundle to PSA’s Provincial Statistical Office; PSA prints Security Paper (SECPA) after about 1–3 months.
Claim the PSA-SECPA Certificate of Live Birth.
- Present claim stub / official receipt.
- Verify surname and annotations (e.g., entry: “Child is illegitimate. RA 9255 AUSF filed on
.”).
5. Frequently-Asked Points & Pitfalls
| Concern | Clarification |
|---|---|
| Father unwilling or deceased | AUSF requires father’s consent. If unavailable, the child keeps the mother's surname unless legitimated later. If father is deceased, his acknowledgment made during lifetime (e.g., signed on child’s baptismal record) may suffice—attach Affidavit of Paternity Based on Public Document plus proof of death. |
| Different signatures / spellings | Inconsistent signatures between AUSF and IDs lead to rejection; execute an Affidavit of One and the Same Person if spellings differ. |
| Child already using father’s surname in school records | Still file AUSF + attach those records; this supports “continuous use.” |
| Multiple corrections needed (e.g., sex or date) | File late registration first; then separately file a RA 9048/10172 petition once COLB exists. |
| Choice of venue | If parents reside elsewhere, you may file at current LCRO but must attach an Endorsement from LCRO of place of birth; timelines may lengthen. |
6. Key Elements of Each Affidavit (Checklist-Style)
Stamp-ready content common to all affidavits: • Title in bold caps • Name, age, civil status, citizenship, residence of affiant(s) • Statement of facts in numbered paragraphs • Jurat (notarial oath) with Doc. No., Page No., Book No., Series of
6.1 Affidavit for Delayed Registration
- Explain why registration is late (e.g., home birth, remote area, lost records).
- State complete birth facts.
- Undertake that all statements are true under penalty of perjury (Article 183, RPC).
6.2 Acknowledgment / Admission of Paternity
- Father’s unequivocal declaration he is the biological father.
- Consent to use surname.
- Waiver of future contest.
- Father’s ID details.
6.3 Affidavit to Use the Surname of the Father
- Identification of child and parents.
- Citation of RA 9255 and intention to carry father’s surname.
- Signatures of both parents (or mother only + father’s attached acknowledgment).
6.4 Joint Affidavit of Disinterested Persons
- Declare personal knowledge of circumstances of birth or parentage.
- Attach photocopies of IDs showing address & signature.
7. Fees & Processing Times (Typical 2025 Schedule)
| Item | Metro Manila | Provincial Cities |
|---|---|---|
| LCRO filing fee (late registration) | ₱200–₱250 | ₱150–₱200 |
| AUSF annotation | ₱150 | ₱150 |
| Legitimation annotation | ₱300 | ₱300 |
| Documentary stamps (per affidavit) | ₱30 | ₱30 |
| Notarial fee (standard) | ₱150–₱250 | ₱100–₱200 |
| PSA SECPA copy | ₱210 | ₱210 |
| Processing time | 4–8 weeks LCRO → PSA; another 1–2 weeks for SECPA release. |
(Times lengthen if posting is required or deficiencies arise.)
8. Practical Tips
- Draft affidavits in one sitting to avoid date gaps that raise red flags.
- Use consistent full names (no nicknames) across all documents.
- Clip all affidavits behind the COLB in the order required by LCRO.
- Bring originals of IDs and supporting records for inspection.
- For migrant parents, execute affidavits at the Consulate to skip authentication later.
- Keep scanned copies of every affidavit for future school or passport applications.
9. Sample Clause Snippets (for guidance)
Affidavit to Use the Surname of the Father (excerpt) “That I, MARIA D. SANTOS, Filipino, of legal age, single, and resident of …, hereby acknowledge that my minor child, JUAN P. SANTOS, who was born on 10 March 2023 in …, shall henceforth bear the surname of his father, PEDRO R. PEREZ, pursuant to Republic Act No. 9255 …”
Joint Affidavit of Two Disinterested Persons (excerpt) “That we personally know the child referred to above, having been present in the residence of his mother during childbirth on 10 March 2023, and we aver that the said child has since been known in the community as JUAN PEREZ …”
(Replace placeholder facts with actual data; keep margins 1-inch; font 11-pt; sign over printed name.)
10. Conclusion
Late registration plus the use of the father’s surname marries two legal tracks: (1) curing the late filing under Act No. 3753, and (2) proving paternity under RA 9255 or legitimation under RA 9858. Affidavits are the linchpin—they substitute for contemporaneous civil-registry entries that no longer exist or never existed. A well-prepared affidavit packet, notarised properly, and backed by credible IDs and supporting records, ensures the LCRO and PSA will accept the child’s Certificate of Live Birth without further judicial intervention.
Keep originals safe; you will need them again for passport, PhilHealth, SSS, and school enrollment. When in doubt, consult the LCRO clerk or a Philippine notary public experienced in civil-registry work—they can flag defects before you pay fees or miss filing windows.