Nso Matters, Dfa Matters, Citizenship, Travel, Passports Etc

[rocco69]

Go to the civil registrar where her birth certificate is registered, and apply for change of first name there. Alam na ng personnel dun kung ano yung requirements. dun na rin kayo magtanong ng iba pang questions nyo about the process.

 

We just found out recently that my mothers name on the birth certificate is Carolina.

 

But since may school days and until now when I sign documents (form 137, SSS, NBI, Marriage contract, etc.) I put Carlota as her name. Me and my siblings grew up calling her that name and even on their marriage contract with my father "Carlota" was used. What can we do to change her name from Carolina to Carlota on her birth certificate. Thanks inadvance.

[rocco69]

Is Ms. Uy's mother a Filipina? If yes, then she is a Filipina also. In which case, she can file a petition in court for correction of entry (but this has to be adversarial in nature, kalaban niya sa kaso ang Solicitor General at yung Civil Registrar kung saan siya naka-rehistro). At siyempre, kailangan niyang mapatunayan na yung nanay niya ay Pilipino nung siya ay ipinanganak.

 

Similarly, kahit hindi Pilipina ang nanay niya, dahil 3 years old pa lang siya (or menor-de-edad) ng maging Filipino citizen ang tatay niya, sa ilalim ng Section 15 ng Commonwealth Act 473:

 

Section 15. Effect of the naturalization on wife and children.

 

Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines. Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof. A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age. A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless within one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the Philippine Consulate of the country where he resides, and to take the necessary oath of allegiance.

 

Lumalabas na kung dito siya sa Pilipinas ipinanganak, o dito siya sa Pilipinas nakatira nung 8 May 1980, (o di-kaya'y dito na siya nanirahan permanently sa Pilipinas mula noon) Filipino din siya.

 

In which case, she can also file a petition in court for correction of entry on this ground (again, this has to be adversarial in nature, kalaban niya sa kaso ang Solicitor General at yung Civil Registrar kung saan siya naka-rehistro). At siyempre, kailangan niyang mapatunayan na dito siya ipinanganak, o dito nakatira nung maging naturalized citizen ama niya, o dito na nakatira permanently mula minority.

 

I have a question. Ms Uy was born on July 30, 1977 in Manila. His father was a Chinese Citizen so she carried her father's citizenship and was issued an NSO Birth Certificate showing that she is a Chinese Citizen. On May 8, 1980 Ms. Uy's father was granted Filipino Naturalization and was declared Filipino. Now Ms. Uy wants to indicate in her birth certificate that she is filipino. Can she file a petition for correction of entry?

Edited October 21, 2012 by rocco69

[Little John]

Is Ms. Uy's mother a Filipina? If yes, then she is a Filipina also. In which case, she can file a petition in court for correction of entry (but this has to be adversarial in nature, kalaban niya sa kaso ang Solicitor General at yung Civil Registrar kung saan siya naka-rehistro). At siyempre, kailangan niyang mapatunayan na yung nanay niya ay Pilipino nung siya ay ipinanganak.

 

Similarly, kahit hindi Pilipina ang nanay niya, dahil 3 years old pa lang siya (or menor-de-edad) ng maging Filipino citizen ang tatay niya, sa ilalim ng Section 15 ng Commonwealth Act 473:

 

Section 15. Effect of the naturalization on wife and children.

 

Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines. Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof. A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age. A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless within one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the Philippine Consulate of the country where he resides, and to take the necessary oath of allegiance.

 

Lumalabas na kung dito siya sa Pilipinas ipinanganak, o dito siya sa Pilipinas nakatira nung 8 May 1980, (o di-kaya'y dito na siya nanirahan permanently sa Pilipinas mula noon) Filipino din siya.

 

In which case, she can also file a petition in court for correction of entry on this ground (again, this has to be adversarial in nature, kalaban niya sa kaso ang Solicitor General at yung Civil Registrar kung saan siya naka-rehistro). At siyempre, kailangan niyang mapatunayan na dito siya ipinanganak, o dito nakatira nung maging naturalized citizen ama niya, o dito na nakatira permanently mula minority.

 

Assuming Ms. Uy's parents are both Chinese Citizens.

 

This is my take on the question:

BTW isn't it true that a birth certificate reflects the details of her birth?

and isn't it true that a petition for correction of entry under Rule 108 only pertain to erroneous entries in your birth.

 

Considering that Ms. Uy was born a Chinese citizen then her birth certificate should show that is was born a Chinese.

Therefore there is nothing erroneous in her birth certificate?

 

Now, there is without a question that Ms. Uy is a Filipino by virtue of her father's naturalization.

but what is her remedy?

[morato]

pwede ko bang kunin ang magulang ko papuntang ibang bansa if maging citizen ako doon?

[rocco69]

dun ka magtanong sa ibang bansa na yun, batas nila ang involved, hindi batas ng Pilipinas.

 

pwede ko bang kunin ang magulang ko papuntang ibang bansa if maging citizen ako doon?

[pagerger]

Good day everyone its been a while since i posted here in MTC i hope this situation is ON THE TOPIC

 

I have a friend she had a baby with his last BF and guy was such an A$$#013.. when the baby was born the guy was the only available person to attend the hospital for the baby's legal papers and sad to say without the permission of the mother the guy used his last name for the baby and never showed up again. Now my friend wants to change the surname of the baby to hers.. Can somebody give help me? I need all of the options possible prior to the fastest way to do it.. thanks in advance.. hope to hear from you guys soon...

[pagerger]

Good day everyone its been a while since i posted here in MTC i hope this situation is ON THE TOPIC

 

I have a friend she had a baby with his last BF and guy was such an A$$#013.. when the baby was born the guy was the only available person to attend the hospital for the baby's legal papers and sad to say without the permission of the mother the guy used his last name for the baby and never showed up again. Now my friend wants to change the surname of the baby to hers.. Can somebody give help me? I need all of the options possible prior to the fastest way to do it.. thanks in advance.. hope to hear from you guys soon...

[rocco69]

Because you called the guy as your friend's BF, I assume that they were never married to each other. That makes the child illegitimate.

Basically, you have to remember three things:

 

1. The OFFICIAL NAME of a person is that which appears in his birth certificate.

2. As a general rule, the surname to be used by an illegitimate child is the surname of the mother.

3. The law only wants what is DEEMED best for the child, whether legitimate or illegitimate.

 

Because of #2, the child should be using his mother's surname, however this is only the general rule. There are exceptions, one of which is Republic Act 9255 (which states that if the father recognizes the child as his in the birth certificate, the child can now use the surname of the father). This appears to be what happened in your friend's case.

 

And given principle #1, your friend's child now has to use his official name, which means the child has to use his no-good father's surname.

 

CAN THE CHILD's SURNAME BE CHANGED?

 

Unfortunately, if the mother's reason for wanting to change the child's surname is because she dislikes/hates/abhors the father and even just seeing/hearing his surname, that is insufficient under the law. Basically, the mother would want the child to stop using the father's surname and revert to her surname.

 

Unfortunately, that would be disapproved because of principle #3. A child using the surname of its mother will immediately be known to be illegitimate, subjected to the stigma of being such, which is UNFAVORABLE and not for the best interest of the child, who might grow up being scarred by such treatment from his peers. More, it is not the mother's life which is affected by the use (or non-use) of the father's surname, it is the child's life. Since it is the child who is affected, it should be the child who should decide whether to continue using his father's surname (which can be done only when the child is already of majority age - see In re: Petition for Change of Name of Wang, 454 SCRA 155 as well as Republic v. Capote, 514 SCRA 76 for related concepts/principles).

 

The remedy I can think of is adoption, one of the effects of which is that the child now uses the surname of his adopter. This would, however, entail judicial proceedings, i.e. you have to file a petition for adoption in court (and comply with the requirements of law - see RA 8552).

 

Hopefully, this clarifies matters.

 

 

 

Good day everyone its been a while since i posted here in MTC i hope this situation is ON THE TOPIC

 

I have a friend she had a baby with his last BF and guy was such an A$$#013.. when the baby was born the guy was the only available person to attend the hospital for the baby's legal papers and sad to say without the permission of the mother the guy used his last name for the baby and never showed up again. Now my friend wants to change the surname of the baby to hers.. Can somebody give help me? I need all of the options possible prior to the fastest way to do it.. thanks in advance.. hope to hear from you guys soon...

Edited January 14, 2013 by rocco69

[pagerger]

Because you called the guy as your friend's BF, I assume that they were never married to each other. That makes the child illegitimate.

Basically, you have to remember three things:

 

1. The OFFICIAL NAME of a person is that which appears in his birth certificate.

2. As a general rule, the surname to be used by an illegitimate child is the surname of the mother.

3. The law only wants what is DEEMED best for the child, whether legitimate or illegitimate.

 

Because of #2, the child should be using his mother's surname, however this is only the general rule. There are exceptions, one of which is Republic Act 9255 (which states that if the father recognizes the child as his in the birth certificate, the child can now use the surname of the father). This appears to be what happened in your friend's case.

 

And given principle #1, your friend's child now has to use his official name, which means the child has to use his no-good father's surname.

 

CAN THE CHILD's SURNAME BE CHANGED?

 

Unfortunately, if the mother's reason for wanting to change the child's surname is because she dislikes/hates/abhors the father and even just seeing/hearing his surname, that is insufficient under the law. Basically, the mother would want the child to stop using the father's surname and revert to her surname.

 

Unfortunately, that would be disapproved because of principle #3. A child using the surname of its mother will immediately be known to be illegitimate, subjected to the stigma of being such, which is UNFAVORABLE and not for the best interest of the child, who might grow up being scarred by such treatment from his peers. More, it is not the mother's life which is affected by the use (or non-use) of the father's surname, it is the child's life. Since it is the child who is affected, it should be the child who should decide whether to continue using his father's surname (which can be done only when the child is already of majority age - see In re: Petition for Change of Name of Wang, 454 SCRA 155 as well as Republic v. Capote, 514 SCRA 76 for related concepts/principles).

 

The remedy I can think of is adoption, one of the effects of which is that the child now uses the surname of his adopter. This would, however, entail judicial proceedings, i.e. you have to file a petition for adoption in court (and comply with the requirements of law - see RA 8552).

 

Hopefully, this clarifies matters.

 

 

 

 

 

thanks for the fast response. the guy did not even showed up at the child's christening, birthday and recently the child was admitted to the hospital due to some health problems and my friend texted the guy to inform the child's situation but still no response and we talked to some of his friends the the guy always boasts that he is taking good care of the baby but it's a very big lie.. can this situation earn us another option? can any of the mother's relatives adopt the child? our main goal here is remove all the rights of the guy to the child in terms of legal aspects..

Edited January 14, 2013 by pagerger

[rocco69]

1. can this situation earn us another option?

 

Yes, you can file a criminal case for child abuse (under RA 7610, failure to support a minor child constitutes other forms of child abuse; this could also be violence against women and children [see economic & psychological abuse - RA9262]) against the no-good father to compel him to give support.

 

Or a civil case for support against the father (a criminal case is better as it provides for imprisonment as a penalty, which is a strong incentive for compromise and settlement)

 

 

2. can any of the mother's relatives adopt the child?

 

Yes, if the adoption would result in a better situation for the child (see requirements for adoption, RA 8552). Note also that adoption by relatives, rather than by a stranger, is preferred by the law.

 

Notably, the consent of both biological parents to the adoption is usually mandatory. However, if you can prove that the father has abandoned his child (which seems to be the case here), his consent would no longer be needed.

 

Adoption would sever all legal ties between the biological parents and the child (see Sec. 16, RA 8552), thereby achieving the desired result - removal of all rights of the guy to the child.

 

thanks for the fast response. the guy did not even showed up at the child's christening, birthday and recently the child was admitted to the hospital due to some health problems and my friend texted the guy to inform the child's situation but still no response and we talked to some of his friends the the guy always boasts that he is taking good care of the baby but it's a very big lie.. can this situation earn us another option? can any of the mother's relatives adopt the child? our main goal here is remove all the rights of the guy to the child in terms of legal aspects..

[pagerger]

Thank you Very much foe the help/// It really made my day and it will really help us on what we are going through right now.. God Bless always!

[jedai]

good day guys ask ko lang p0 sana ano bang mga recquirements para makakuha ng passport yung baby ko

1 month pa lang sya pupunta kasi kame sa daddy nya kailangan ko pa bang kumuha ng appointment sa dfa ?

tsaka binago ko na kasi pirma ko iba sa passport ko ano bang kailangan kong papel para maging legal yun

 

thank you po..

[redax]

good day guys ask ko lang p0 sana ano bang mga recquirements para makakuha ng passport yung baby ko

1 month pa lang sya pupunta kasi kame sa daddy nya kailangan ko pa bang kumuha ng appointment sa dfa ?

tsaka binago ko na kasi pirma ko iba sa passport ko ano bang kailangan kong papel para maging legal yun

 

thank you po..

Check mo dito http://www.dfa.gov.ph/index.php/consular-services/passport/passport

Edited April 23, 2013 by redax

[redax]

Yung end nyan passport/passport. Mali transfer to post.

[pepsico]

Good day felow MTC,

 

Ask ko lang po ng help yung friend ko po kasi nagkaroon siya ng kaso regarding bouncing cheques, yung tao po na pinag binigyan nya ng teske ay nag file ng case sa court last 2006, at di nya na po makita ngayun nag reflect po yun sa clearance nya sa NBI, gusto nya po mag work outside the country ask nya lang po kung makakalabas ba siya ng bansa o malolocate yung pangalan nya sa watch list pag nasampahan ng kaso.

Malapit na po sya umalis kaya lang kinakabahan siya baka i hold sa sa airport maari po ba makahingi ng tulong?

 

Salamat po at more power.

[Cleoerwin]

Good day Pixers,

 

I just want to ask if I could file a case against my parents for not giving me any kind of support since I was 3 months old. They gave me to my grandparents. No legal adoption was done.

[Cleoerwin]

Good day Pixers,

 

I just want to ask if I could file a case against my parents for not giving me any kind of support since I was 3 months old. They gave me to my grandparents. No legal adoption was done.

 

Sorry , this should be posted on a different topic.

 

I'll change my question.

 

I have been planning to go abroad to get a better life but can get a passport because I don't have a birthcerticate. Well I believe I do have but under a different name. When my parents gave me to my grandparents ( mom's parents ), my lolo decided to change my name but it has not been registered in NSO.

 

Please help..

[hulseye]

Hi just would like to ask for help about the nbi clearance, is there anybody here can help me get 1 at the shortest possible tome? Haba kasi ng pila and i would start work on monday

[ruleroftheland]

@ Cleoerwin

 

If you have an NSO birth certificate, use that one for purposes of applying for a VISA. However if the name you are using is different from that of the name in your NSO birth certificate, you have to execute an affidavit of discrepancy.

[simpleman1225]

Defective ba ang Passport mo?

 

KUNG ANG PASSPORT NYO PO AY KASAMA SA BATCH NA ITO EB 000-0001 to EB 126-7350, MAS MAINAM PO MAGPA-RENEW NA KAYO SA EMBASSY NATIN.

Siguro naman wala ng magtatanong kung defective ang hawak nilang passport?

 

10,000 e-passports found defective, DFA admits

 

ABS-CBNnews.com

Posted at 05/06/2014 10:39 PM | Updated as of 05/06/2014 11:22 PM

MANILA – Around 10,000 e-passports issued in 2010 were found to be defective, the Department of Foreign Affairs (DFA) said on Tuesday.

 

DFA spokesperson and assistant secretary Charles Jose told radio DZMM that the serial numbers of the defective passports are from EB 000-0001 to EB 126-7350.

 

The said e-passports have a defective cover, which easily comes off from the main body, Jose said.

 

Jose is urging holders of defective e-passports to have them replaced at the DFA's Office of Consular Affairs at Asiana Building along Macapagal Avenue in Pasay City or in regional consular offices located in malls.

 

Jose said the defective e-passports are only 1 percent of the total 10 million issued by the DFA from 2009 until March this year.

 

"Out of 10 million issued e-passports mula noong 2009 hanggang March this year, may 10,000 lang po na napasama sa batch na ito na may konting defect. Less than 1 percent po iyan sa total na 10 million na na-issue natin," Jose said.

 

Replacement of the e-passport costs P950.

 

"Automatic po na ilalagay sa express processing, 7 days. Kung matagal na po gamit ang passport at ubos na ang pahina at nakita naman namin na yung cause [ng defect] ay dahil sa wear and tear, at may kasama na visa na valid pa at ayaw i-surrender sa amin yung passport na luma, ay papalitan po namin pero may bayad," he said.

 

He said that a person's old e-passport with a valid visa will be stapled to the new one.

 

He also said the DFA is looking for a new supplier for e-passports.

 

"We’re coming up with a new system… hahanap po tayo ng bagong supplier ng passport," he said. "Ang [old] supplier, naaayon ang napo-produce nila ng passports using stringent measures… pero may nangyayaring ganyang mga bagay."

 

What is important, according to Jose, is that they immediately recognized the problem.

 

"Proactive kami ngayon na kami na po ang nagsasabi na kung kabilang kayo sa mga nabanggit na serial number, lumapit na po kayo sa amin," he said.

[simpleman1225]

Para sa mga OFW na magre-renew ng bagong passport sa Pinas. Narito ang mabilis na paraan sa pag-renew ng passport na ginawa ng ating kababayan.

 

 

[johnbmikael]

Does one need a visa to visit the Philippines? Us citizens?

[otsodeligo]

Hello po. I need your advice. Pano po I process sa dfa. Pag ganito ang case. Nasa abroad wife ko.. nahuli ko xha nakikipag sex sa iba. Meron ako evidence video pictures.and sa tingin ko malakas evidence ko.. gusto ko xha ipa deport. Anyone can help me?

[rocco69]

Malabo yang gusto mo.

 

Ang pakikipag-sex ng isang babae sa hindi nya asawa ay adultery sa ilalim ng batas ng Pilipinas.

NGUNIT, SUBALIT, DATAPWAT...

 

Ang batas ng Pilipinas ay na ipapatupad lamang, sa pangkalahatan, sa teritoryo ng Pilipinas. Dahil ang pakikipagsex ng asawa mo ay sa abroad (ayon sa iyo, nasa abroad siya at nahuli mo siya, so I am assuming na sa abroad niya ito ginawa), ito ay hindi pwedeng isakdal sa Pilipinas. Sa madaling salita, walang kasong kriminal na maisasampa dito.

 

Ngayon, kung ang adultery ay krimen din sa bansa kung nasaan siya, at kung may extradition treaty tayo sa bansa na yun, mas malamang sa hindi, hindi kasama ang adultery sa mga krimen na pwede ang extradition. Kaya, hindi mo rin mahihingi ang pagpapabalik ng asawa mo dito sa atin.

 

Ang deportation naman ay nasa dixcretion ng bansa kung nasaan siya. Kung gusto mo, sumulat ka sa immigration authorities ng bansa kung nasaan siya, at subukan mong magrequest sa kanila na siya ay ideport (suntok sa buwan nga lang ito, pero malay mo).

 

 

 

Hello po. I need your advice. Pano po I process sa dfa. Pag ganito ang case. Nasa abroad wife ko.. nahuli ko xha nakikipag sex sa iba. Meron ako evidence video pictures.and sa tingin ko malakas evidence ko.. gusto ko xha ipa deport. Anyone can help me?

Edited September 15, 2014 by rocco69

[angel_aishteru]

Good day sir.i am planning to get my kids passport.they are both illegitimate.but my youngest is acknowledged by the father.my question is, kailangan pa po ba tlga ung affidavit of acknowledgementvto use last name ng father sa pag aapply ng passport nung bata.and ganun din po b ung sa panganay ko kahit ndi sya nka appear sa birth certificate ng bata?thank you.