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Legislative Tracking System

2001 ORDINANCE NO. 2

AN ORDINANCE RATIFYING THE AUTHORITY OF THE MUNICIPAL CIVIL REGISTRAR TO COLLECT FEES AND OTHER FEES IN RELATION TO REPUBLIC ACT NO. 9048 AND PROVIDING IMPLEMENTATION THEREOF.

 

Be it ordained by the Sangguniang Bayan of Catarman, Camiguin in its regular session the following:


Section 1

Title of Ordinance – The ordinance shall be known as the Ordinance to collect fees and other fees in the correction of clerical or typographical error of entry in the Civil Registrar and shall be referred to as the Ordinance.


Section 2

Authority – This Ordinance is enacted pursuant to the provinces of Republic Act No. 9048 otherwise known as “An Act Authorizing  the City of Municipal Civil Registrar or the Consul to Correct a 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 Article 376 and 412 of the Civil code of the Philippines Section 8 dated March 22, 2001 and Administrative Code No. 1 series of 2001. Other wise known as the “Rules and regulations Governing the Implementation of republic Act No. 9048. Rule 18 of the Civil registrar General dated July 24, 2001.


Section 3

Definition of Terms. As used in this ordinance, the following terms are hereby defined:


3.1 City or Municipal Civil Registrar (C/MCR) – refers to the head of the local civil registry office (LCRO) of the city or municipality as the case may be, who is appointed by the city or municipal mayor in accordance with the provisions of existing laws.

3.2 Consul General (CG) – refers to an official of the Department of Foreign Affairs who has been issued the console commissions by the President and or the Secretary of Foreign Affairs.

3.3 District Circuit Registrar (D/CR) – refers to the Clerk of the Shari’s District Court acting in the performance of its civil registration function with regard to Muslim Marriages.

3.4 Civil Registrar General (CRG) – refers to the Administration of the National Statistics Office (NSO) which is the agency mandated to carry out and administer the provisions of laws on civil registration.

3.5 Local Civil Registry Office (LCRO) – refers to an office or department in the city or municipal government that is mandated to perform civil registration functions.

3.6 Petitioner – refers to a natural person filing the petition and who direct a personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil registrar.

3.7 Migrant Petitioner – refers to a petitioner whose present residence or domicile is different from the place where his civil registry record or records are registered.

3.8 Indigent Petitioner – refers to a destitute, needy and poor individual who is certified as such by the social welfare and development office of the city/municipal government.

3.9 Clerical or typographical error – refers to a mistake committed in the performance of clerical works in writing, copying, transcribing or typing an entry in the civil registrar that is harmless and innocuous, such as misspelled name or misspelled place of birth of the like, which is visible to the eyes or obvious to the understanding, and can be corrected or change only by reference to other existing record or records. Provided, however. That no correction must involve the change of nationality, age, status or sex of the petitioner.

3.10 Record-keeping civil registrar (RKCR) – refers to the C/MCR in whose archive is kept the record which contained the error to be corrected or the first name to be changed. This term shall be used only in cases involving migrant petitioner.

3.11 Petitions receiving civil registrar ( PRCR) – refers to the C/MCR of the city or municipality where the petitioner render or is domiciled and who receives the petition on behalf of the RKCR in the case of migrant petitioner.


Section 4

Purposes . This Ordinance is enacted for the following purpose:


4.1 To ratify the fees prescribed in the Administrative Cod No. 1 series of 2001 of the Civil Registrar General relative to the implementation of the Republic Act NO. 9048

4.2 To authorize the Municipal Civil Registrar to collect filing fees and other fees from every petitioner in the correction of entry in the Civil Registrar.


Section 5

Filling Fees and other fees. These is hereby collected from every petitioner or immigrant petitioner the amount corresponding to the correction activity prescribed herein.


5.1 Filing fee in the amount of One Thousand Pesos (P1,000.00) from petitioner for the correction clerical or typographical error in the entry of first name of the Civil Registrar.

5.2 Filing fee in the amount of Three Thousand Pesos (P3,000.00) from a petitioner for the change of first name or nickname in the Civil Registrar.

5.3  Filing fee in the amount of One Thousand Pesos (P1,000.00) from a petitioner when the petition is for the correction of clerical or typographical error simultaneously with a petition for a change of first name and the same document is involved in the Civil Register.

5.4 A service fee in the amount of Five Hundred Pesos (P500.00) from a migrant petitioner in the correction of clerical or typographical error in the Civil Register.

5.5 A service fee in the amount of One Thousand Pesos (P1,000.00) from a migrant petitioner in the change of first name and nickname in the Civil Register.

5.6 No filing fee and or service fee shall be charged to an indigent petitioner who is referred to as a destitute, needy and poor individual and who is certified as such by the Municipal Social Welfare and Development Office.


Section 6

Trust Fund Account. The Municipal Treasurer shall deposit the amount collected in connection with this Ordinance to the Local Civil Registry Trust Fund account.


Section 7

Use of Trust Fund. The Municipal Civil Registrar shall use the Trust fund solely for civil registry programs and projects and operations upon submission and approval of the Work and Financial Plan by the Municipal Mayor Disbursement shall be subject to usual budgeting, accounting and auditing rules and regulations.


Section 8

Violation and Penalty. Any person who violates any of the provisions of the Ordinance shall upon conviction, be punished by a fine not exceeding two thousand pesos (P2,000.00) or an imprisonment for a period not exceeding six months or both at the discretion of the Court.


Section 9

Effectivity. This Ordinance shall take effect immediately upon approval.


ADOPTED UNANIMOUSLY this 21st day of September, 2001.


APPROVED: September 21, 2001


ATTESTED:


CLEMENTE E. TORRO                                                                    

BERNARDO B. BORRES

REMEDIOS J. AREVALO

JOSEFA Y TAGARDA

OLIMPIO A. JADMAN, JR

ALLAN A ENOPIA

NARCISA B. UCAB

EMMA A. PORIO

THOMPSON I. BABAEL

TEDDY D. GALUPO

FRANKLIN T. GO

GRACE B. VELOSO