Dear PAO,

I have a question about the registration of my nephew’s birth certificate. My sister had a child with her partner from 2018 to 2022. They were not married because the man she was with was already married to someone else before they lived together. Without my sister’s knowledge and without her signature, her partner registered their child’s birth. Can my sister file a petition to cancel the said birth certificate of my nephew? Thank you for your response!

Jodi

Dear Jodi,

According to Republic Act 3753, also known as the Civil Registry Law, if a child is illegitimate, the birth certificate must be signed and sworn to by both the mother and the father, or by the mother alone if the father refuses. It is stated under Section 5 of Act No. 3753 that:

“Section 5. Registration and Certification of Birth. – The declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child.

“In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the regulation to be issued.

“In the case of an exposed child, the person who found the same shall report to the local civil registrar the place, date and hour of finding and other attendant circumstances.

“In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses.”

In a case decided by the Supreme Court entitled “In the Matter of Petition for Cancellation of Certificates of Live Birth of Yuhares Jan Barcelote Tinitigan vs. Republic,” penned by Associate Justice Antonio T. Carpio, G.R. No. 222095, 07 August 2017), it is stated that:

“Thus, it is mandatory that the mother of an illegitimate child signs the birth certificate of her child in all cases, irrespective of whether the father recognizes the child as his or not. The only legally known parent of an illegitimate child, by the fact of illegitimacy, is the mother of the child who conclusively carries the blood of the mother. Thus, this provision ensures that individuals are not falsely named as parents.

“The mother must sign and agree to the information entered in the birth certificate because she has the parental authority and custody of the illegitimate child. In Briones v. Miguel, we held that an illegitimate child is under the sole parental authority of the mother, and the mother is entitled to have custody of the child. The right of custody springs from the exercise of parental authority. Parental authority is a mass of rights and obligations which the law grants to parents for the purpose of the children’s physical preservation and development, as well as the cultivation of their intellect and the education of their heart and senses.

“Since it appears on the face of the subject birth certificates that the mother did not sign the documents, the local civil registrar had no authority to register the subject birth certificates. Under the IRR of Act No. 3753, the civil registrar shall see to it that the Certificate of Live Birth presented for registration is properly and completely filled up, and the entries are correct. In case the entries are found incomplete or incorrect, the civil registrar shall require the person concerned to fill up the document completely or to correct the entries, as the case may be.”

This means that the mother of an illegitimate child must sign the birth certificate, regardless of whether the father acknowledges the child. Under our law, the only parent who is legally recognized for an illegitimate child is the mother. Hence, it is important that the mother’s signature appears on the birth certificate of the illegitimate child. Additionally, it is also significant that she agrees with the information stated in the said certificate.

In the case of your sister, she may file a petition to cancel the birth certificate of her child that was registered by her former partner without her knowledge and without her signature. It is clear that the birth certificate of your nephew was not processed in accordance with our laws governing the proper registration of an illegitimate child.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].