Stricter Delayed Birth Registration Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 17 P4:28 SENAT 1 1 RECEIVEL: S. No. Introduced by Senator Raffy T. Tulfo AN ACT STRENGTHENING THE SYSTEM OF FILING OF DELAYED REGISTRATION OF BIRTHS, PROVIDING FOR STRICTER GUIDELINES AND PENALTIES THEREOF, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 3753 EXPLANATORY NOTE The 1987 Philippine Constitution affirms the inherent dignity and entitlements of every Filipino, directing the State to honor human rights and extend specific protection and support to children, which includes ensuring access to essential services. These principles underscore the critical role of civil registration as a fundamental mechanism for recognizing and safeguarding the identity and rights of individuals. This bill emphasizes the importance of birth registration as a fundamental right recognized by the state, providing the essential legal identity necessary for individuals to access various social services and fully exercise their rights as citizens. Recent data however reveals that approximately 3.7 million Filipinos, particularly from marginalized communities, lack birth certificates, thus severely limiting their access to necessary opportunities and services. Furthermore, the issue of late registration is has become concerning, with approximately 14.9 million late birth registrations recorded between 2010 and 2024 thereby indicating a systemic issue in the registration process that requires immediate attention. Moreover, the issue of fraudulent registrations must also be addressed, as the Philippine Statistics Authority (PSA) has flagged over 1,600 dubious birth certificates linked to foreign nationals, with these documents being used to perpetuate illegal

activities. Similarly, ongoing audits of more than 50,000 birth certificates have revealed potential malpractices, thus the need for adopting stricter measures in the process of registration and to reinforce a more robust oversight system. The proposed bill aims to introduce stricter guidelines that will bolster the integrity and accountability of the registration process while maintaining a balance between thorough verification requirements and the safeguarding of citizens' rights-especially crucial for marginalized populations who face additional barriers to registration. More importantly, this bill serves as a proactive measure aimed at reforming and enhancing the civil registration system in the Philippines, with a focus on integrity, accountability, and inclusiveness to create a more equitable framework for all citizens and ensure access to their fundamental rights. In view of the foregoing, the approval of this bill is earnestly sought. RAFFY T. TULFO

THE TWENTIETH CONGRESS OF THE PHILIP REPUBLIC OF THE PHILIPPINES RECEIVED First Regular Session DATEUL 1 7 20252 TIME: - Co 4:28 pm SENATE BY: — BILLA & NDEX S. No._ 711 Introduced by Senator Raffy T. Tulfo AN ACT STRENGTHENING THE SYSTEM OF FILING OF DELAYED REGISTRATION OF BIRTHS, PROVIDING FOR STRICTER GUIDELINES AND PENALTIES THEREOF, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 3753 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title.- This Act shall be known as the "Stricter Delayed Birth

2 Registration Act."

Sec. 2. Declaration of Policy.- It is the policy of the State to uphold the right of

4 individuals to have their identities legally recognized through timely and accurate birth 5 registration, recognizing for such purpose the need to establish an effective and credible 6 civil registration system which shall safeguard legal rights and provide efficient access to 7 social services. To this end, the State shall implement stricter guidelines governing the 8 delayed registration of birth to prevent instances of abuse and to ensure compliance with 9 legal standards.

Sec. 3. Definition of Terms. - For the purpose of this Act, the following terms shall

be defined as follows: a. Certificate of Live Birth (COLB) refers to the source of vital information and provides legal proof of the identity of an individual; b. Civil Registrar General refers to the head of the Philippine Statistics Authority (PSA) and the one who provides overall direction in the

implementation of the Civil Registry Law and related issuances and exercise technical supervision over the local civil registrars; c. City/Municipal Civil Registrar (C/MCR) refers to the government official responsible for supervising and maintaining the civil registry in a specific city of municipality, including the registration of vital events such as births, deaths, and marriages; d. Delayed Registration of Birth refers to the registration of birth record after the reglementary period of thirty (30) days from the time of birth in the Office of the Local Civil Registrar of the place where it occurred; e. Local Civil Registrar (LCR) refers to the City/Municipal Civil Registrar who is officially in-charge with the duty of implementing and enforcing the provisions of the Civil Registry Law and its Implementing Rules and regulations and other laws related to civil registration; f. Local Civil Registry Office (LCRO) refers to the department in the City/Municipal government mandated to perform civil registration functions; g. Registration of Birth refers to the permanent and official recording of a child's existence; h. Negative Certification of Live Birth - a written certification issued by the Philippine Statistics Authority attesting that it has no record of a person's birth

Sec. 4. Procedure on the Filing of Delayed Registration of Birth.-

a. Any birth registered later than 30 days after its occurrence shall be considered delayed registration; b. Delayed registration of birth shall be registered at the Local Civil Registry Office (LCRO) of the place where the birth occurred; c. Upon receipt of the application for delayed registration, the City/Municipal Civil Registrar (C/MCR) shall examine the Certificate of Live Birth (COLB) presented whether it has been completely and correctly filled-out. The C/MCR shall also evaluate the veracity of the statements made in the Affidavits and the other applicant and shall conduct a field visit with the

Office of the Punong Barangay where the child resides to confirm the statements made in the Affidavits and the genuineness of all supporting documents attached to the application; d. In all applications for delayed registration of birth, a Negative Certificate of Live Birth (NCLB) issued by the Philippine Statistics Authority (PSA) must be attached and submitted to the C/MCR to ensure that there is no existing birth record registered anywhere in the country; e. A notice to the public on the pending application for delayed registration shall be posted for ten (10) consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public subject to the provisions of Republic Act. No. 10173, otherwise known as the Data Privacy Act of 2012; f. If no one opposes the registration after ten (10) days, the C/MCR shall review the application, and, if convinced with reasonable certainty that the applicant for Delayed Registration was actually born within his/her jurisdiction, the C/MCR shall approve the delayed registration of birth.

Sec. 5. Requirements for the Filing of Delayed Registration of Birth. - In support of

an application, the following documents shall be submitted by an applicant. A. If both parents are Filipinos and the applicant is less than eighteen (18) years old, the following shall be required: i. Four (4) copies of the COLB duly accomplished and signed by the proper parties; i. Accomplished Affidavit for Delayed Registration at the back of the COLB by the father, mother, or guardian, stating therein, the following: - Name of child; - Date and place of birth; - Name of the father if the child is non-marital and has been acknowledged by him;

If the child is marital, the date and place of marriage of parents; and Reason/s for not registering the birth within thirty (30) days after the date of birth. ili. Negative Certification of Birth Record from the Philippine Statistics Authority B. If both parents are Filipinos and the applicant is eighteen (18) years old or above, the following shall be submitted: i. All the requirements for a child who is less than eighteen (18) years old; ii. Certificate of Marriage, if married. C. In case the party seeking late registration of birth of a non-marital child who is less than 18 years old is not the mother, the party, in addition to the foregoing documents, shall submit the following: i. Sworn statement stating the present whereabouts of the mother; Ii. Any two of the following documentary evidence which may show the name of the child, date and place of birth, and name of the mother (and name of father, if the child has been acknowledged); - Baptismal Certificate; - School records; - Income tax return; - Insurance policy; - Medical records; and - Other, such as barangay captain's certification. iii. Affidavit of two disinterested persons who might have witnessed or known the birth of the child; and D. If one parent is a foreign national, the applicant shall submit: i. Certificate of Marriage of the parents (for marital child); ii. Birth certificate of the parents; ili. Passport of both parents;

iv. Affidavit of Admission of Paternity and/or Affidavit to Use the Surname of the Father (AUSF) under RA 9255, if the child is non- marital and was acknowledged by the father; or v. Affidavit of Acknowledgement in case of a non-marital child born prior to 03 August 1988. E. When the application for the delayed registration of birth is filed on behalf of another person, in addition to the abovementioned requirements of filing delayed registration of birth, the following must be submitted: i. Duly notarized Special Power of Attorney (SPA) executed by the document owner, authorizing the applicant to file the delayed registration of birth; ii. Valid Identification Card of the document owner and the requester or applicant; and ili. Affidavit of the document owner or the registrant in case the document owner is already deceased stating the reasons why he/she cannot personally file the application.

Sec. 6. Mandatory Personal Appearance.-

a. All applicants aged 18 years old and above shall personally appear before the concerned C/MCR for the purpose of delayed registration; b. For marital minor applicants, the personal appearance of the parents before the City/Municipal Civil Registrar (C/MCR) is mandatory. In default of the parents or judicially appointed guardians, persons exercising substitute parental authority as provided under Article 216 of the Family Code shall personally appear before the C/MCR. Provided that nothing under this paragraph shall prohibit the C/MCR from requiring the personal appearance of the minor child; c. In cases of non-marital minor applicants, only the mother shall personally appear before the C/MCR. If the party seeking the registration is not the mother, an Affidavit or a sworn statement stating the present whereabouts

of the mother and the reason for her inability to personally appear before the C/MCR shall be submitted; d. In the case of out-of-town registration, the mandatory personal appearance of the persons mentioned in the preceding paragraphs shall be before the receiving Civil Registrar; Provided, that the accepted application for out-of- town registration will be coursed through the PSO for transmittal and endorsement to the concerned record-keeping civil registrar.

Sec. 7. Mandatory Requirements for Delayed Registration. - In all applications for

delayed registration of birth, the following documents shall be considered mandatory and the non-submission thereon shall authorize the C/MCR to deny outright the application. a. Barangay Certification issued by the Punong Barangay as proof of residency; b. National ID or proof of registration with the Philippine Identification System; c. Any two (2) documentary evidence showing the identity of the parents such as but not limited to his/her certificate of live birth (COLB), government- issued ID, marriage certificate of the parents, if applicable or certificate of death for the deceased parents; d. A recent unedited front-facing 2x2 photograph of the registrant taken within three (3) months from the date of registration.

Sec. 8. Additional requirements for Registration of Deceased Persons. - If the

application for delayed registration is for a deceased individual, the Certificate of Death must be submitted along with other mandatory documentary requirements.

Sec. 9. Additional requirements for Registration if One Parent is a Foreigner. - In

cases where one parent is a foreign national, the following documents shall be required along with other required documents: a. Certificate of Marriage of parents (marital child); b. Birth certificate of parent/s; c. Valid Passport or BI Clearance Certificate or ACR

Sec. 10. Non- Marital Children Registration.- For non-marital children availing of

RA No. 9255, the following documents must be included:

a. Affidavit of Admission of Paternity and/or Affidavit to Use the Surname of the Father (AUSF) under Republic Act No. 9255; or b. Affidavit of Acknowledgment in case of a non-marital child born before 03 August 1988.

Sec. 11. Verification Process and Evaluation. - Upon receipt of the application, the

C/MCR shall: a. Review the COLB to ensure it is completely and accurately filled out; b. Verify the authenticity of the submitted documents and the statements made in the affidavits through personal interviews and possible field visits to confirm the information; C. Complete the verification and evaluation within five (5) working days. Applications that do not meet verification standards shall not be processed until all inconsistencies are resolved.

Sec. 12. Role of Government Agencies.- The LCROs of the different

cities/municipalities, through their Local Civil Registrars, shall facilitate the registration of birth within their territorial jurisdiction. They shall likewise see to it that the appropriate form is used, the form is properly and completely filled out, entries therein are correct, and the proper attachments are submitted. In case the entries are found incomplete or incorrect, the Local Civil Registrars shall require the person concerned to fill out the document completely or to correct the entries, as the case may be. The PSA shall see to it that the prescribed standards, criteria and procedures provided in this Circular are properly implemented. Likewise, it has the duty to report any irregularities, negligence or incompetency of City/Municipal Civil Registrar in the performance of his/her functions under this Act to the concerned mayor for the latter to take the proper disciplinary action. The DILG shall closely work and coordinate with the concerned PSA office and the Local Government Units to strengthen the process of delayed registration of birth. Also, the DILG Regional and Field Officers shall cause the immediate and widest dissemination of this Joint Memorandum Circular in their respective areas of jurisdiction for the guidance of all concerned Local Government Units.

Sec. 13. Visitorial Functions.- In accordance with the Rule 12(i) of the

2 Implementing Rules and Regulations of RA 10625, the NSCRG or his/her authorized 3 representative may conduct audits of delayed birth registration records at Local Civil 4 Registry Offices.

Sec.14. Guidelines for Exceptional Circumstances. - The NSCRG is authorized to

6 issue additional guidelines under exceptional circumstances, including but not limited to natural disasters, pandemics, and programs aimed at facilitating the registration of births 8 in vulnerable sectors.

Sec. 15. Penalties.- Any person who willfully submits false information or falsified

10 documents for the purpose of delayed registration of the birth shall be punished by 11 imprisonment for not less than six (6) months and one day but not more than twelve (12) 12 years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00). In addition, any C/MCR or authorized personnel who knowingly accepts, process, or verifies any application for delayed registration of birth with false or fraudulent information shall be subjected to administrative sanctions, which may include suspension 17 or dismissal from service.

Sec. 16. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.

Sec. 17. Repealing Clause - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.

Sec. 18. Effectivity - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,