In the Philippines, the birth of a child must be registered within thirty (30) days from the time of birth at the Local Civil Registry Office (LCRO) of the city or municipality where the birth occurred. When this period lapses, the process shifts from a routine registration to Delayed Registration.
The legal framework for this process is primarily governed by Act No. 3753 (Law on Registry of Civil Status) and the implementing rules issued by the Philippine Statistics Authority (PSA).
1. Where to File
The application must be filed at the Local Civil Registry Office (LCRO) of the place where the person was born.
- If born abroad: The report of birth should be filed with the Philippine Embassy or Consulate having jurisdiction over the place of birth.
- If the person has moved: The application must still be filed in the municipality of birth, though "Out-of-Town Reporting" is possible through the LCRO of one’s current residence (subject to additional service fees and postage).
2. General Requirements
The core of a late registration application is proving two things: that the birth actually occurred and that it hasn't been registered yet.
Mandatory Documents:
- Negative Certification of Birth: A document issued by the PSA confirming that there is no record of birth for the individual in their central archives.
- Affidavit of Delayed Registration: This is usually printed on the back of Municipal Form No. 102 (Certificate of Live Birth). It must be executed by the father, mother, or the person themselves (if of age), explaining the reasons for the delay.
- Affidavit of Two Disinterested Persons: Sworn statements from two people (not closely related to the registrant) who have personal knowledge of the facts of the birth.
Supporting Documents (At least two of the following):
To corroborate the facts of birth (date, place, and parentage), the LCRO typically requires:
- Baptismal Certificate
- School Records (Form 137 or Transcript of Records)
- Medical/Hospital Records
- Voter’s Registration Record
- Income Tax Returns of parents
- Insurance Policy
- NBI/Police Clearance
3. Special Requirements for Certain Cases
For Illegitimate Children
If the child is illegitimate but the father acknowledges paternity:
- Affidavit of Admission of Paternity (AAP): If the father did not sign the birth certificate at the time of birth.
- Authority to Use the Surname of the Father (AUSF): Pursuant to Republic Act No. 9255, allowing the child to use the father's surname if executed properly.
For Married Parents
- Certified Copy of the Marriage Contract: To establish the legitimacy of the child and the correct use of surnames.
4. The Mandatory Posting Period
Unlike timely registration, delayed registration is not instantaneous.
- Once the application is submitted, the Civil Registrar will review the documents.
- A Notice to the Public will be posted on the bulletin board of the LCRO for ten (10) consecutive days.
- This period allows any interested party to contest the registration if they believe the information is fraudulent.
If no opposition is filed after ten days, the City/Municipal Civil Registrar will proceed to register the birth.
5. Summary of the Step-by-Step Process
| Step | Action |
|---|---|
| 1 | Secure a PSA Negative Certification to prove no record exists. |
| 2 | Visit the LCRO of the place of birth to get the appropriate forms. |
| 3 | Gather supporting documents (Baptismal, School records, etc.). |
| 4 | Submit the accomplished Certificate of Live Birth with the Affidavit of Delayed Registration. |
| 5 | Pay the required filing fees (rates vary by municipality). |
| 6 | Wait for the 10-day posting period to conclude. |
| 7 | Claim the registered birth certificate from the LCRO. |
6. Important Considerations
Fees
While the act of registration is a state function, Local Government Units (LGUs) charge administrative fees for delayed filings. These usually include filing fees, affidavit fees, and postal charges if doing an out-of-town report.
Legal Implications of Fraud
Filing for a late registration of birth using false information is a criminal offense. Under the Revised Penal Code and the Civil Registry Law, "Simulation of Birth" or providing false testimonies in affidavits can lead to imprisonment and heavy fines.
Transmission to PSA
After the LCRO registers the birth locally, they will include it in their monthly report to the PSA. It usually takes 3 to 6 months before the record is digitized and available for request on PSA security paper (SECPA).