Birth Certificate Issues

[Dwight - Hanilyn 1]

When we started the process, my fiancee wasn't able to get a passport because of her last name and her father's last name having been misspelled. Both having Aninojon instead of what is needed and correct "Aninohon". We paid an attorney that said that she could get it corrected and that we should have her do it instead of going to the Civil Registrar.

The court date was August 4 and we were told at that time that according to Philippine Law, we had to wait one month for the court order. That time has come and gone and now we have heard 40 days by the same attorney and 90 days by another attorney at the Justice Hall. I am not sure how long we should wait.

The attorney that I paid the money to says that her job is complete, but we still don't have a corrected Birth Certificate or a court order. She even scolded my fiancee for asking about it.

The Civil Registrar says they can fix it within 2-3 months but not since the matter has gone to court.

The passport people won't issue the passport without a corrected BC and says it will be 30 days to get one once we have the right papers. Another agent says it can be expedited if we get a letter from the Embassy.

I am not sure who to believe now. Anyone know how to help?

[Theresa0828 65]

I am sorry that this happened, but she should have gone directly to the Civil Registrar... last 2001, the congress submit a law for this... authorizing the civil registrar to take care of the correction of name... here is the link: http://www.bcphilippineslawyers.com/republic-act-no-9048/

Prior to this law filipinos can correct our birth certificate only by going to court, which was a tedious process which approximately takes a year...

I think the lawyer made a play to get money... SO SORRY....

[LoveLoveLove 18]

that's right.. i did mine 2 years ago, and i went straight to my local civil registrar, paid the processing fee just about over a thousand (cant really remember well now).. waited for like 3mos.. then the registrar instructed me to go to NSO main to submit the court orders, then after 3 weeks or so i went back to NSO to get the corrected birth cert.. i presented the NSO Birth cert and photocopy of the court order when i applied for my passport

[brian and aileen 14]

Hello, i got the same problem my name misspelled "AILENE" in my BC instead of AILEEN . I didn't use an attorney cause using an attorney will only cause delay, So I gathered all the requirements they needed and went to the place where i was born (whew ... Butuan City is quite far from Manila) it took almost 2 months to get a Finality of Correction of my name and then 15 days to get my Annotated BC from the main NSO. And oh yeah, it was processed in the court. Just hang on there soon enough you will get the result.

God Bless Us All.

[charlize56 4]

had that problem last year,im glad it already fixed,mine didnt go to court,i just brought all the requirements to civil registry in my town where i was born,ohh i used also the help of my brother's freind that owned a travel agency.

[Dwight - Hanilyn 1]

I am sorry that this happened, but she should have gone directly to the Civil Registrar... last 2001, the congress submit a law for this... authorizing the civil registrar to take care of the correction of name... here is the link: http://www.bcphilippineslawyers.com/republic-act-no-9048/

Prior to this law filipinos can correct our birth certificate only by going to court, which was a tedious process which approximately takes a year...

I think the lawyer made a play to get money... SO SORRY....

Thanks for the information, I have sent a notice to the attorney we hired with the assumption that she was ignorant of the law. I am wondering now if there is any law to prevent us from going to the Civil Registrar even though it is currently in the courts.

[Theresa0828 65]

Thanks for the information, I have sent a notice to the attorney we hired with the assumption that she was ignorant of the law. I am wondering now if there is any law to prevent us from going to the Civil Registrar even though it is currently in the courts.

I am not really sure, but I guess the registrar's refusal to handle it at this point is because there is another judiciary body that is handling the request... Please ask your fiancee to go to a Public Attorney's Office (commonly called as PAO) in her city for free legal advice regarding this.

Also, I hope aileen in the above post can tell her experience in more details, since she did it on her own... it look like hers just took around 75 days...

[Ran4jenny 3]

I am not really sure, but I guess the registrar's refusal to handle it at this point is because there is another judiciary body that is handling the request... Please ask your fiancee to go to a Public Attorney's Office (commonly called as PAO) in her city for free legal advice regarding this.

Also, I hope aileen in the above post can tell her experience in more details, since she did it on her own... it look like hers just took around 75 days...

I'm sorry this happen to you guys. I can relate for I am currently in step behind you. We did all we was suppose to do since back in May when I first submit k1 petition. She went to local provincial registrar and filed this paperwork. They called her back saying it was approved and she went home in August. She was then told it was going to Manila and don't worry it would be back before August ended. They never answered her at the end of August so she went home again and was given the run around finally sent to some other office. Then she was told to come back September 26. I'm not sure what will happen then. But I do know that since then on the bright note we have noa2 now! So, as you can imagine we just want to proceed to interview. I'm worried about if they still dont have it for her. What should we do? Can she go straight to Manila? Is getting Passport with incorrect spelling an option and just using 'affidavit of one and the same person' for everything else possible. I ask all this because this site (VJ) we were given the advice a few times to do just that. And for the looks of what happen to you OP, there is a snag. So, my only question to OP is now did you try to get passport with correct or incorrect spelling? If worse comes to worse could you try to get the incorrect one and just use 'affidavit of one and the same person' afterwards to prove you are really you. The other questions above are for others.

I'm sorry to ask this stuff on your thread but we are in a very similar situation. However, I do have some advice from what I have learned. EVEN after you get the corrected Birth Certificate, you need to make sure NBI and possibly Cenomar is processed with both your REAL name and the ALIAS name you had incorrectly all these years. Because, if you don't you could get 'Administrative Review' after interview to delay your visa by weeks to months while they rerun your alias name under NBI. This is very important if you want smooth approval.

[brian and aileen 14]

@ Charlize56 i guess u r just mistaken cause i also used my brother in law cause he is working there in Butuan City Hall (luckily)everything that will be corrected will be by court the only different is that when the correction is "mispelled letter for names or surnames " there is no court hearing on that. But then they will pass it on court to put Case Number. This is the processing details and time on my case. I went there to gather all the documents needed, after i submit it, i waited a couple of days to get a Case Number then waited almost a month till they submit a Resolution in NSO (Sta. Mesa Office) then after that, Sta. Mesa Office returned a reply to Butuan City Civil Registrar that it is already approved it only takes almost 2 weeks cause I knew someone inside NSO Office then next to that Butuan City CR filed a CERTIFICATE OF FINALITY , the original sent to Main Office again and they sent me the duplicate . I filed the duplicate personally in NSO East Avenue Branch and waited 15 days to get the Annotated BC. It cost me more or less 5,000 on that one.

@ Dwight and Hanilyn, you can follow up your case in the City Hall, but you need the case number cause they will ask you that. Sometimes using an Attorney cause delay in some paper works.

HINT : To all those who wants to expedite it, befriend the one who is handling your case and well, give them some "pambara and pantulak" lol (it really helps) I done did that the whole time i am processing my annulment paper, my attorney is so lucky he didn't do anything but represent me on court hearing .

[pepper 34]

I think the lawyer is trying to pull a fast one on your fiancee.After the passing of RA 9048 judicial orders are not needed anymore. So court hearings are useless because misspellings and typos can be corrected without those. I got mine corrected 4 years ago and it was really fast..My first name was missing(I have two which is common in the Phils) not just a letter or two. I went to my town's civil registrar ,paid a little more(thats the trick lol) and got it in just a month.Tell your fiancee to go and talk to the civil registrar and inquire there. Its a DYI thing and dont let this lawyer feed you with all that ####### its not that hard!

Goodluck!

Edited September 12, 2011 by earp

[Dwight - Hanilyn 1]

So, my only question to OP is now did you try to get passport with correct or incorrect spelling? If worse comes to worse could you try to get the incorrect one and just use 'affidavit of one and the same person' afterwards to prove you are really you. The other questions above are for others.

I'm sorry to ask this stuff on your thread but we are in a very similar situation. However, I do have some advice from what I have learned. EVEN after you get the corrected Birth Certificate, you need to make sure NBI and possibly Cenomar is processed with both your REAL name and the ALIAS name you had incorrectly all these years. Because, if you don't you could get 'Administrative Review' after interview to delay your visa by weeks to months while they rerun your alias name under NBI. This is very important if you want smooth approval.

We are trying to get a passport with her correct family name. All of her records are with the correct family name and not what is on the BC. The issue has to be resolved by the time we get to the embassy. I believe in doing things right the first time. I hate we were mis-informed by an attorney to which I would still have paid for the proper advice and help.

Thanks for the advice on NBI and Cenomar, Hanilyn is trying to get these today.

My uncle once told me, "Be honest and open about all things, even when you are in the wrong. It is better to be caught honestly than to be caught hiding the truth." Then he demonstrated his words and all came out for the best.

Has anyone ever heard of "Court Shopping"? We were told that having the Registrar try to repair the BC now would be "Court Shopping" and that it was illegal.

[KT and Xyrena 4]

I'm sorry to hear another common bc mistake. My friend who is an attorney in the Phils said that the RA mentioned above only applies to corrections to first names where City Halls are given the power to proceed with changes. Other than that, any change including surname, sex, dob, etc will have to go to usual court proceedings. I think, even if it is only a typo error but because it is a change in her surname, you did have to go to the court. She also said that there are lawyers/attorneys that you can ask who are based in the city hall where your fiancee is a voter. They are the appropriate people to ask - not the clerks, not the government employees but an attorney in the city hall.

By fixing all these, you are doing the right thing. Sooner or later it will be found and if you were in good faith, you will be fine.

Regarding passport application, I also suggest that you have your fiancee attend a CFO seminar as early as now. When DFS inquires the reason for the need of a passport and they find out that it is for an intending immigrant (in substance, a fiancee is an intending immigrant), they will require a certificate from the CFO. It is normally the last process for K1 visa holders but I went to CFO seminar with other beneficiaries who were there to get a certificate for their passport application and that's how I found it out.

It's red tape but gotta live with it if you want to be together more than anything else.