A report of a vital event made beyond the reglamentary period is considered delayed.
Posting of the Pending Application
1. A notice to the public on the pending application for delayed registration shall be posted on the bulletin boards of the city or municipality for a period of not less than ten (10) days. (47a)
2. If after ten (10) days, no one opposes the registration, the civil registrar shall evaluate the veracity of the documents submitted. (48:1a)
3. If after proper evaluation of all documents presented and investigation of the allegations contained therein, and the civil registrar is convinced that the event really occurred within the jurisdiction of the civil registry office and that said event has not been registered, he shall register the delayed report thereof. (48:2a)
4. The civil registrar, in all cases of delayed registration of birth, death, and marriage, shall conduct an investigation whenever an opposition is filed against a registration. He shall take the testimonies of the parties concerned and of the witnesses in the form of questions and answers. After investigation, the civil registrar shall forward his findings and recommendations to the Office of the Civil Registrar-General for appropriate action ( 57:11a)
5. The Civil Registrar-General may, after review and proper evaluation, deny or authorize the registration. (57:2a)
Recording of Delayed Registration
In every case of delayed registration of birth, death, marriage, and other registrable documents, the entry in the civil registry book and the registry number transcribed on the certificate of vital event shall be in red ink. The remarks "Delayed Registration" shall be written on the upper right hand margin of the certificate and the "Remarks" portion of the registry book. (56a)
Duty to File a Complaint with the Prosecutor's Office
In every case of delayed registration, the civil registrar shall file a complaint with the city or provincial prosecutor’s office for appropriate action under Section 17, Act No. 3753.
The action filed in court by the prosecutor against the party for failure to register shall not suspend or stop the registration, neither should it be a ground for refusal by the civil registrar to register the delayed report of birth, death, marriage, or any registrable document. (55a)
Delayed Registration of Birth
1. The requirements are:
a) if the person is less than eighteen (18) years old, the following shall be required:
i) four (4) copies of the Certificate of Live Birth duly accomplished and signed by the proper parties;
ii) accomplished Affidavit for Delayed Registration at the back of Certificate of Live Birth by the father, mother, or guardian, declaring therein, among other things, the following:
· name of child;
· date and place of birth;
· name of the father if the child is illegitimate and has been acknowledged by him;
· if legitimate, the date and place of marriage of parents; and
· reason for not registering the birth within thirty (30) days after the date of birth
In case the party seeking late registration of the birth of an illegitimate child is not the mother, the party shall, in addition to the foregoing facts, declare in a sworn statement the recent whereabouts of the mother.
iii) any two of the following documentary evidences which may show the name of the child, date and place of birth, and name of mother (and name of father, if the child has been acknowledged):
· baptismal certificate;
· school records (nursery, kindergarten, or preparatory);
· income tax return of parent/s;
· insurance policy;
· medical records; and
· others, such as barangay captain's certification.
iv) affidavit of two disinterested persons who might have witnessed or known the birth of the child. (46:1aa)
b) If the person is eighteen (18) years old or above.
i) all the requirements for the person who is less than eighteen (18) years old; and
ii) Certificate of Marriage, if married. (46:1ba)
2. Delayed registration of birth, like ordinary registration made at the time of birth, shall be filed at the Office of the Civil Registrar of the place where the birth occurred. (46:3)
3. Upon receipt of the application for delayed registration of birth, the civil registrar shall examine the Certificate of Live Birth presented, whether it has been completely and correctly filled in and all requirements have been complied with. (47a)
4. In the delayed registration of the birth of an alien, travel documents showing the origin and nationality of the parents shall be presented in addition to the requirements mentioned in Rule 25 (1). (49:2a)
Delayed Registration of Death
No delayed report of death shall be accepted for registration unless the following procedures and requirements are observed and complied with by the concerned parties:
a) four (4) copies of Certificate of Death, which must be accomplished correctly and completely;
b) affidavit for delayed registration which shall be executed by the hospital or clinic administrator if the person died in a hospital, clinic or in a similar institution, or by the attendant at death if the person died elsewhere. In default of the hospital or clinic administrator or attendant at death, the affidavit shall be executed by any of the nearest relative of the deceased, or by any person having legal charge of the deceased when the latter was still alive;
c) the affidavit referred to shall state among other things, the name of the deceased, the facts of his death, the date and place of burial or cremation, and the circumstances why the death was not reported for registration within thirty (30) days after death;
d) authenticated copy of the certificate of burial, cremation, or of other means of corpse disposal; and
e) approval for registration by the health officer in the box provided in the Certificate of Death (50a)
Delayed Registration of Marriage
In delayed registration of marriage, the solemnizing officer or the person reporting or presenting the marriage certificate for registration shall be required to execute and file an affidavit in support thereof, stating the exact place and date of marriage, the facts and circumstances surrounding the marriage, and the reason or cause of the delay. (53:1a)
"The child shall be registered immediately after birth and shall have the right
from birth to a name and the right to acquire a nationality ..."
Article 7. Convention on the Rights of the Child (Ratified by the Philippines in July 1990