Query: What are the requirements for cancelling the Certificate of Live Birth (COLB) when the named father is not the biological father, and the mother is allegedly dead or missing?

In the Philippines, the process of cancelling or correcting the Certificate of Live Birth (COLB) is governed by laws and regulations established by the Philippine Statistics Authority (PSA) and related family laws. If the name of the father on the COLB is incorrect, and the mother is deceased or missing, the legal requirements and steps for cancelling or amending the certificate are as follows:

Legal Basis for Cancellation or Amendment

Under the Philippine Civil Code, specifically Republic Act No. 9255 and Article 182 of the Family Code, a child's birth certificate can be corrected or amended under certain conditions. The process for addressing a mistaken father's name on the birth certificate involves either administrative or judicial proceedings.

Requirements for Administrative Correction

For minor corrections such as typographical errors, the PSA allows an administrative process through the Local Civil Registrar (LCR) under Republic Act No. 9048. However, in cases where the correction involves a substantial change, such as altering the name of the father, judicial proceedings are generally required.

Judicial Proceeding

For cases requiring judicial correction, such as when the father named on the COLB is not the biological father, the following steps are necessary:

File a Petition in Court: The petition to correct the birth certificate should be filed in the Regional Trial Court (RTC) where the child resides or where the birth certificate was registered.
Gather Supporting Documents: Prepare evidence proving the incorrectness of the father's name. This may include DNA tests, affidavits, and other relevant documents.
Serve Notice to Parties: The court will issue a notice to interested parties, such as the named father and the local civil registrar.
Attend Court Hearing: The court will set a hearing date to review the petition and the evidence.
Receive Court Decision: If the court grants the petition, an order will be issued directing the local civil registrar to correct the birth certificate.

Absence of the Mother

In cases where the mother is dead or missing, an authorized representative, such as a legal guardian or close relative, can initiate the process. This representative should be able to prove their relationship to the child and the unavailability of the mother.

Filing the Corrected Birth Certificate

After obtaining the court order, the corrected birth certificate must be filed with the LCR, and the PSA will update its records accordingly.

Conclusion

Correcting the name of the father on a child's Certificate of Live Birth in the Philippines involves judicial proceedings when the change is substantial. The process ensures that the birth record accurately reflects the child's parentage, even when the mother is deceased or missing.