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

[rocco69]

Paano po ang gaagwin namin, gusto naming ikuha ng passport ang pamangkin kong 15 yrs. Old kaso patay na ang tatay niyana kapatid ko ang nanay naman niya hindi na namin alam kung nasaan na. Please anyone can help me salamat po

I think this is the one most analogous to your situation.(see also http://consular.dfa.gov.ph/passport/10-passport/64-passport-requirements-for-minor-new-applicants)

 

- If the applicant is an Illegitimate child and mother is deceased / absent and father is unknown

• Personal Appearance of minor applicant and adult guardian
• PSA Birth Certificate
• Valid Passport or valid government ID* of adult guardian (click here for the List of Acceptable IDs for Passport Application)
• DSWD Clearance
• Affidavit of Guardianship

[oliverjohnholmes]

Here's a question that is quite the reverse of most of the questions here.

 

A friend approached me seeking advice on how to impugn the validity of a birth certificate. The woman named in the birth certificate was actually adopted, but instead of going through the process of court adoption, the parents just registered the baby in their name. This was done back in the late '70's (so Old Civil Code coverage). It was common knowledge in the area and the family of the 'adoptive' parents that the woman was adopted. Now, both parents of the 'adopted' woman have died.

 

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

Your response would be most highly appreciated.

[rocco69]

Here's a question that is quite the reverse of most of the questions here.

 

A friend approached me seeking advice on how to impugn the validity of a birth certificate. The woman named in the birth certificate was actually adopted, but instead of going through the process of court adoption, the parents just registered the baby in their name. This was done back in the late '70's (so Old Civil Code coverage). It was common knowledge in the area and the family of the 'adoptive' parents that the woman was adopted. Now, both parents of the 'adopted' woman have died.

 

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

Your response would be most highly appreciated.

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Assuming the facts stated as true, since she is a mere ampon, she would have, theoretically, no right to inherit, not being related to the deceased.

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

file a case for cancellation of birth certificate, alleging, as ground therefor, that she is not a child of the deceased spouses (must be filed by a person who would be the heir of the spouses, if the ampon is so declared. See Babiera v. Catotal, 333 SCRA 487 - https://www.lawphil.net/judjuris/juri2000/jun2000/gr_138493_2000.html)

 

Or, file settlement of estate proceedings for the spouses, alleging that petitioner is the heir (to force the daughter to appear in court and claim to be the legitimate daughter. See Benitez-Badua v. CA, 229 SCRA 468. http://www.chanrobles.com/scdecisions/jurisprudence1994/jan1994/gr_105625_1994.php)

 

In both cases, you have to have evidence that she is not the natural child of the spouses (or force the Court to order a DNA test).

 

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

No. too complex. had there been incontrovertible evidence that the woman is not really the child, Yes, pupwede.

Edited July 16, 2019 by rocco69

[oliverjohnholmes]

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Assuming the facts stated as true, since she is a mere ampon, she would have, theoretically, no right to inherit, not being related to the deceased.

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

file a case for cancellation of birth certificate, alleging, as ground therefor, that she is not a child of the deceased spouses (must be filed by a person who would be the heir of the spouses, if the ampon is so declared. See Babiera v. Catotal, 333 SCRA 487 - https://www.lawphil.net/judjuris/juri2000/jun2000/gr_138493_2000.html)

 

Or, file settlement of estate proceedings for the spouses, alleging that petitioner is the heir (to force the daughter to appear in court and claim to be the legitimate daughter. See Benitez-Badua v. CA, 229 SCRA 468. http://www.chanrobles.com/scdecisions/jurisprudence1994/jan1994/gr_105625_1994.php)

 

In both cases, you have to have evidence that she is not the natural child of the spouses (or force the Court to order a DNA test).

 

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

No. too complex. had there been incontrovertible evidence that the woman is not really the child, Yes, pupwede.

 

==================

 

thanks a lot sir...

 

it's a bit more complicated. sole heir claimant ang ampon...

[rocco69]

 

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Assuming the facts stated as true, since she is a mere ampon, she would have, theoretically, no right to inherit, not being related to the deceased.

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

file a case for cancellation of birth certificate, alleging, as ground therefor, that she is not a child of the deceased spouses (must be filed by a person who would be the heir of the spouses, if the ampon is so declared. See Babiera v. Catotal, 333 SCRA 487 - https://www.lawphil.net/judjuris/juri2000/jun2000/gr_138493_2000.html)

 

Or, file settlement of estate proceedings for the spouses, alleging that petitioner is the heir (to force the daughter to appear in court and claim to be the legitimate daughter. See Benitez-Badua v. CA, 229 SCRA 468. http://www.chanrobles.com/scdecisions/jurisprudence1994/jan1994/gr_105625_1994.php)

 

In both cases, you have to have evidence that she is not the natural child of the spouses (or force the Court to order a DNA test).

 

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

No. too complex. had there been incontrovertible evidence that the woman is not really the child, Yes, pupwede.

 

==================

 

thanks a lot sir...

 

it's a bit more complicated. sole heir claimant ang ampon...

 

wala man lang kapatid o pamangkin yung ,mga namatay?

[oliverjohnholmes]

wala man lang kapatid o pamangkin yung ,mga namatay?

 

the 'adoptive' parents have seven other siblings. the 'adopted' is an unica hija now of legal age. claims she has rights of substitution over inheritance from her 'adoptive' parents by substitution and her claimed right is based on a certificate of live birth with her name as child and her 'adoptive parents' as natural parents.

 

salamat talaga sir.

[rocco69]

 

the 'adoptive' parents have seven other siblings. the 'adopted' is an unica hija now of legal age. claims she has rights of substitution over inheritance from her 'adoptive' parents by substitution and her claimed right is based on a certificate of live birth with her name as child and her 'adoptive parents' as natural parents.

 

salamat talaga sir.

the siblings of the "adoptive parents" can file the complaint, as they would be the ones to actually inherit.

[oliverjohnholmes]

the siblings of the "adoptive parents" can file the complaint, as they would be the ones to actually inherit.

 

thanks again sir!

[tonsi]

Hi all, if your naturalization paper "order" states that you were a Filipino by birth thus a cancellation of ACR is hereby granted, can you legally says in all government applications (passport, license, etc..) that you are a FILIPINO by birth and not Naturalized?

[rocco69]

Hi all, if your naturalization paper "order" states that you were a Filipino by birth thus a cancellation of ACR is hereby granted, can you legally says in all government applications (passport, license, etc..) that you are a FILIPINO by birth and not Naturalized?

I'd say so. See Bengzon Vs. HRET, 357 SCRA 545 https://www.lawphil.net/judjuris/juri2001/may2001/gr_142840_2001.html

[tonsi]

I'd say so. See Bengzon Vs. HRET, 357 SCRA 545 https://www.lawphil.net/judjuris/juri2001/may2001/gr_142840_2001.html

Thank you sir rocco69, another question, is there a way to change my birth certificate to read that my mother citizenship is Filipino instead of other nationality? ( it was a mistake to put her as a Chinese).

[rocco69]

Hi all, if your naturalization paper "order" states that you were a Filipino by birth thus a cancellation of ACR is hereby granted, can you legally says in all government applications (passport, license, etc..) that you are a FILIPINO by birth and not Naturalized?

 

 

Thank you sir rocco69, another question, is there a way to change my birth certificate to read that my mother citizenship is Filipino instead of other nationality? ( it was a mistake to put her as a Chinese).

Is your mother a Filipino citizen? Does her birth certificate state that she is a Filipino?

 

If your answer to both questions is Yes, then, indeed, there was a mistake in your birth certificate.

 

You can file an action for Correction of Entry in the Civil Registry under Rule 108 of the Rules of Court BUT YOU HAVE TO ENSURE THAT THE PROCEEDINGS ARE ADVERSARIAL. That means that you have to include as respondents in the case your mother herself, your father, ALL your siblings, as well as the CIVIL REGISTRAR (of the place where your birth certificate is registered), THE SOLICITOR GENERAL, AND THE PROVINCIAL/CITY PROSECUTOR (of the place where your birth certificate is registered).

 

If your mother is not actually a Filipino, you cannot correct your birth certificate. There is no mistake to correct.

Edited August 22, 2019 by rocco69

[tonsi]

Once again, Thank you sir rocco69 for your kind explanation and assistance on this matter.

[Tommy_Gunn]

Hello - if anyone has any experience *directly* with being awarded a Quota Visa, please get in touch with me. I'd like to apply for one and understand that there are still some for US citizens being 'hoarded' for 2019.

 

If you are a 'dialed in' attorney or processor with a successful track record of gaining Quota Visas for clients, please also get in touch with me.

 

Thanks in advance!

[bogartexplorer0123]

Anyone po may kakilala direct sa PSA na pwede makatulong sa BC ko. Need it ASAP. Please sana me makatulong.