Friday, August 23, 2019

An Act Authorizing the City or Municipal Civil Registrar or the Consul General to correct clrerical or typographical error…

An Act Authorizing the City or Municipal Civil Registrar or the Consul General to correct clrerical or typographical error in any entry and/or change of  First Name or Nickname in the Civil Registrar without need of Judicial order, amending for the purpose articles 376 and 412 of the Civil Code of the phil.

 

REGULAR SESSION HELD ON MARCH 19, 2002

PRESENT:

 

Hon. Lawrence Ll. Cruz, City Vice-Mayor
PRESIDING OFFICER:

 

Hon. Ariel P. Anghay, Member

 

Hon. Wilfredo R. Bacareza, Member

 

Hon. Bienvenido V. Badelles, Member

 

Hon. Alfredo R. Busico, Member

 

Hon. Leobert B. Pairat, Member

 

Hon. Providencio P. Abragan, Sr., Member

 

Hon. Ronaldo D. Espina, Member

 

Hon. Emmanuel V. Engracia, Member

 

Hon. Orlando M. Maglinao, Member

 

Hon. Esperidion L. Sagrado, Member

 

Hon. Bernard Antonio Y. Palafox, Member
ABSENT:

 

(NONE)

  RESOLUTION NO. 02-243 

WHEREAS, Article 376 of the Civil Code provides that, “No person can change his name or surname without judicial authority;

 

WHEREAS, Article 412 of the same Code provides that, “No entry in a civil register shall be changed or corrected, without a judicial order; 

WHEREAS, because of the difficulty encountered by those who petitioned to change their names or surnames erroneously entered into in the civil register, Republic Act No. 9048 amended Articles 376 and 412 the wordings of which, “that no entry in a civil register shall be changed or corrected without judicial order, except for clerical or typographical errors and changes of first name or nickname which can be corrected or changed by the concerned City or Municipal Civil Registrar (C/MCR) or Consul General (CG) in accordance with the provisions of this act and its implementing rules and regulations;

 

WHEREAS, pursuant to Section 10 of RA 9048 which took effect on April 22, 2001, Administrative Order No. 1, series of 2001, promulgated the Implementing Rules and Regulations Governing the Implementation of Republic Act No. 9048;

WHEREAS, Rule 18 of the Administrative Order No. 1, series of 2001, authorized the City or Municipal Civil Registrar to collect, from every petitioner a filing fee in the amount of ONE THOUSAND PESOS (P1,000.00) for the correction of clerical or typographical error, and THREE THOUSAND PESOS (P3,000.00) for change of first name or nickname. An indigent petitioner as defined under Rule 2.7 shall be exempt from the payment of the said fee; 

WHEREAS, in the case of a petition filed with the CG, a filing fee of FIFTY US DOLLARS (US$50) or its equivalent value in local currency for the correction of clerical or typographical error, and ONE HUNDRED FIFTY US DOLLARS (US$150) or its equivalent value in local currency for the change of first name, shall be collected;

(Page 2 of Res. No. 02-243)

WHEREAS, in case of migrant petitioner for correction of clerical or typographical error, there shall be a service fee of FIVE HUNDRED PESOS (P500.00) to be collected by the Petition-Receiving Civil Registrar (PRCR). In case the petition is for change of name, the service fee is ONE THOUSAND PESOS (P1,000.00). The service fee shall accrue to the city or municipal government of the PRCR. The PRCR shall also collect the filing fee from the migrant petitioner, which shall be in the form of postal money order or other form of payment, which shall be payable to and transmitted to the Records Keeping Civil Registrar (RKCR), together with the petition and supporting documents;

WHEREAS, when the petitioner files petition for correction of clerical or typographical error simultaneously with a petition for change of first name and the same document is involved; the petitioner shall pay only the amount corresponding to the fee for the petition for change of first name;

WHEREAS, Administrative Order No. 1, series of 2001, mandates that the Local Legislative Body shall ratify the fees therein prescribed;

WHEREFORE, on motion of Member Bienvenido V. Badelles, duly seconded by Members Ariel P. Anghay and Leobert B. Pairat,

BE IT RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod of Iligan, that the following Ordinance be ADOPTED and APPROVED:

CITY ORDINANCE NO. 02-4128

AN ORDINANCE RATIFYING THE FILING FEES AS PROVIDED FOR UNDER RULE 18 OF ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001, RELATIVE TO THE RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT 9048, ENTITLED, “AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTRAR WITHOUT NEED OF JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES”.

 

Be it ordained by the Sangguniang Panlungsod of Iligan in session assembled, that:

 

SECTION 1. – There is RATIFIED, as the same is hereby RATIFIED the Filing Fees as provided for under Rule 18 of Administrative Order No. 1, series of 2001, relative to the Rules and Regulations Governing The Implementation of Republic Act 9048, entitled, “An Act Authorizing The City Or Municipal Civil Registrar Or The Consul General To Correct Clerical Or Typograhical Error In An Entry And/Or Change Of First Name Or Nickname In The Civil Registrar Without Need Of Judicial Order, Amending For This Purpose Articles 376 And 412 Of The Civil Code Of The Philippines”, the fees of which are described below:

1. Filing fee for the correction of clerical or typographical error – P1,000.00

 2. Change of first name or nickname – P3,000.00

 3. Indigent petitioner as defined under Rule 2.7 – Exempted

 (Page 3 of Res. No. 02-243)

 4. Service fee for Migrant petitioner:

a. For correction of clerical or typographical error – P500.00

b. Petition for change of name – P1,000.00

 5. Petition for correction of clerical or typographical error  simultaneously with a petition for change of first name and surname documents involved; the petitioner shall pay only the amount corresponding to the fee for the petition for change of first name or surname. – P3,000.00

 SECTION 2. EFFECTIVITY – This ordinance shall take effect ten (10) days after publication by a local newspaper as provided for by law.

 (VOTING BY ROLL CALL: ANGHAY, “Yes”; BACAREZA, “Yes”; BADELLES, “Yes”; BUSICO, “Yes”; PAIRAT, “Yes”; ABRAGAN, “Yes”; ESPINA, “Yes”; ENGRACIA, “Yes” ; MAGLINAO, “Yes”; SAGRADO, “Yes”; and PALAFOX, “Yes”).

 CARRIED unanimously by the members.

– – – – – – – – – – – – – – –

Undersigned hereby attests to the adoption of the foregoing as verified to by the Member-author.

 

ARTHUR LL. PADILLA

City Secretary

VERIFIED:

 

BIENVENIDO V. BADELLES

Member-Author

CERTIFIED BY:

 

LAWRENCE LL. CRUZ

Vice Mayor, Presiding Officer

  

APPROVED BY: __________________

FRANKLIN M. QUIJANO

City Mayor