Q. Kindly enlightened me po. This is regarding my 2nd daughter’s birth certificate. It was in 2005 na I had my first child, I was only 19 then.
In order for me na hindi ma-kick out from college, both my husband (my boyfriend that time) and my parents decided us to get married. So there is no problem there. Fast forward, 4 months after I gave birth to my first child, nagkalabuan po kami ng husband ko since on my side he is not that welcome. So he decided to go back sa kanila, problems arises between me and my husband though nagkikita pa rin kami palihim :).
I got pregnant again and decided to cut my communication with my husband since we cannot reconcile our indifference anymore. Fast forward, I delivered a baby girl and use my maiden name in my 2nd child’s birth certificate. I indicate na single/first child/without his father’s name: all unknown. 3 years ago, my husband was brave enough na bumalik sa amin and eventually since we both are grown ups we decided to forgive each other for our children sake. And for our future, we now trying to fix our 2nd child’s birth certificate.
How can we do that? I had heard regarding Legitimation but hindi po naming alam kung paano mag make ng affidavit with all the errors I made in my child’s certificate. Please help us po. Thank you so much and hope to hear from you soonest. Yours, MATILDA
Ans: The process of Legitimation is not applicable to your case. This process is applicable only where at that time of the birth of the child, the parents who did not have any legal impediment to marry each other gave birth of their child . And thereafter, the same parents got married. By process of legitimation, the child’s is considered “legitimate” retroactive from birth. All the parents of the child have to do, is to comply with the documentary requirements and fill out the prescribed forms in the office of local Civil Registrar where the child’s birth was recorded, and its done.
However, your case is different and challenging. You have indicated in the birth Certificate of your daughter that the father is unknown. That you were single at the time of the child’s birth. These facts presumes that the child is illegitimate . Affidavit will not suffice as the correction of entries of such nature. This will require judicial or the court’s imprimatur.
You and your husband should go to the court and file a petition for the correction of entries in the Child’s birth Certificate. You have to prove that the child is actually your legitimate daughter explaining to the court the circumstances that led to the registration of your daughter as an illegitimate child. In the said petition you and your husband will be required to show proof to merit the court’s approval .
For sure, you will have to present certified true copy of your marriage contract, copy of the birth certificate of the child that you wish to be corrected; and the DNA examination results that will establish the child’s filiation and to prove that you and your husband are indeed the biological parents of your daughter.
Mind you however , that making false and deliberate mis-declaration of the entries in the birth certificate is a felony. A criminal offense. This could also be an issue which could be raised by the Prosecutor’s Office.
In view of the foregoing, it is suggested that you confer with your lawyer for the above purposes and for further professional assistance.
Thank you for writing and for being part of the “ Batas Pinoy Global Community”.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * *
Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .
