Dealing with Multiple Birth Certificates in the Philippines
Question:
The client has two birth certificates and wants to know what implications this might have and what steps should be taken to resolve the issue under Philippine law.
Answer:
Laws Applicable:
Republic Act No. 10172, or the Clerical Error Law: This law allows for the correction of clerical or typographical errors in a civil registry document without need for a judicial order.
The Civil Code of the Philippines: This governs family law and civil registry.
Implications:
- Identity Confusion: Having two birth certificates can create confusion, especially in legal matters like inheritance, property rights, and marital status.
- Legal Complications: This could also lead to potential fraud allegations, or complications in legal documents like passports or driver’s licenses.
Steps to Take Legal Action:
Consult a Lawyer: The first step should be to consult a lawyer specialized in civil or family law. They can provide a detailed approach to resolving the issue.
Determine Validity: Identify which of the two birth certificates is accurate and legitimate.
Report to Civil Registry: The incorrect birth certificate should be reported to the Local Civil Registry where it was registered.
Legal Proceedings: Depending on the nature of the error, you might need to undergo administrative or judicial proceedings to correct or cancel the incorrect birth certificate.
Correct Government Records: After settling the issue, ensure that all government records reflect the correct birth certificate information.
Disclaimer:
It’s important to resolve this issue promptly and legally to prevent any future complications. This article is for informational purposes only and not a substitute for professional legal advice. Consult your attorney for advice tailored to your specific situation.