Articles 407, 408, 409 & 410

By Robinson Manaig

Article XVI. Civil Registry

Article 407

Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.

This provision of the law specifies that all dispositions and resolutions of cases by the Family Courts shall be recorded at the Civil Registry.

Art. 408. The following shall be entered in the civil register:

(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)

Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)

Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

 

Article 411 & 412

By: Christelle B. Amil

Article 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.

Article 412. No entry in a civil register shall be changed or corrected, without judicial order.

Republic Act No. 9048

Article 412 has been amended by R.A. No. 9048. The complete text of the said act is set out in the discussion under Article 376. R.A. No. 9048 deals with the corrections in the civil registry which involve merely typographical or clerical errors just like the concept of Article 412.

Administrative or Judicial Proceeding

Typographical and/or clerical errors can be corrected administratively through the office of the local civil registrar by filling necessary verified petition by any person having direct and personal interest in the correction. A change in the entries in the civil registrar must always pass through a judicial proceeding except for clerical or typographical errors or change in the name or nickname of a person.