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

[hotdude231981]

Sir... My signature in my passport does not resemble much to the signatures with my Identification cards. I have difficulty making the signature because of the digital pen at the DFA. Do you think it will be a problem once I travel abroad? Thank you in advance.

[frank martin]

help naman guys,

 

dinala ko kasi ung kotse ko sa casa sa honda, tapos walang binigay saking checklist sabi balikan ko na lang daw ung kotse. ang pinaayos ko eh ung tensioner bearing + full detailing ng car at ung fender liner. so ok nagawa na daw nila detailing na lang kulang. tapos nung isang araw tumawag sakin di daw gumagana aircon at ang instrument panel ng kotse ko. sabi ko working yan ng dinala ko dyan kaya dapat working yan pag nakuha ko.

 

sa nagyon sabi inaalam pa daw nila kung ano ang nangyari,

 

gusto ko lang itanong in case na wala silang magawa at di nila irepair un ng hindi ako nagbabayad ano ang mga pwede kong gawin? TIA!

[rocco69]

threaten to report the matter to management. Kapag walang nangyari, then complain to the management (in writing, with receiving copy, so you have a record of the action taken, as well as proof of receipt of your complaint). pag wala din nangyari,file a complaint with the DTI Consumer Welfare Desk:

 

Ms. Carolina I. Carbonell, Officer-In-Charge

Consumer Assistance and Protection Division (CAPD)

DTI-National Capital Region

12/F Trafalgar Plaza

105 HV Dela Costa Street

Salcedo Village, Makati City

Tel. No. DTI-NCR (National Capital Region clients) 811-8231

 

P.S.

 

Sa Honda Quezon Ave. yan ano? Had a bad experience with them four or five years ago (OK ang aircon ng sasakyan ko when I brought it in, then they called up saying mabaho daw yung aircon at kailangan gawin. Di ko pinagawa kasi may a/c technician akong barkada. when he checked it, lumabas na they let all the refrigerant (R-134a) out and then had sprayed a stinky chemical all over the evaporator/blower para mangamoy). Di lang ako nagreklamo because negligible naman ang nangyari sa akin (inayos ng barkada ko ng libre eh) but I never did go back for service there.

 

help naman guys,

dinala ko kasi ung kotse ko sa casa sa honda, tapos walang binigay saking checklist sabi balikan ko na lang daw ung kotse. ang pinaayos ko eh ung tensioner bearing + full detailing ng car at ung fender liner. so ok nagawa na daw nila detailing na lang kulang. tapos nung isang araw tumawag sakin di daw gumagana aircon at ang instrument panel ng kotse ko. sabi ko working yan ng dinala ko dyan kaya dapat working yan pag nakuha ko.

 

sa nagyon sabi inaalam pa daw nila kung ano ang nangyari,

 

gusto ko lang itanong in case na wala silang magawa at di nila irepair un ng hindi ako nagbabayad ano ang mga pwede kong gawin? TIA!

Edited September 1, 2012 by rocco69

[Little John]

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?

[gagambingi]

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]

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..