Sunday, September 28, 2014

Correcting Entries in Birth Certificate

Hi, all loyal readers of my blog! Wishing you all a blessed and wonderful day! It has been a while since my last post here coz I was so busy the past few days. I'm pretty sure you can relate to this topic I wanna share with you regarding NEW LAWS that deal with the correction of entries in the Birth Certificate. 
According to Article 412 of the New Civil Code, no entry in a civil register shall be changed or corrected, without a judicial order. Thus, a person desiring to amend any wrong entry in his/her certificate of live birth needs to go to court. However, this was the rule before the enactment of  Republic Act (R.A.) No. 9048 or more popularly known as the Clerical Error Law  in 2001. Under this law, no entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general (Section 1, RA No. 9048).

Clerical or typographical errors is defined by the said law as follows:
“Section 2. Definition of Terms – As used in this Act, the following terms shall mean:

(3) “Clerical or typographical error” refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed 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.

Consequently, errors in the civil register pertaining to the nationality, age, status or sex of a person may be corrected only by filing a petition in court. However, to address the dilemma of some of our fellowmen pertaining to issues other than clerical or typographical errors and change of first name or nickname, R.A. No. 10172 was enacted amending some provisions of R.A. No. 9048 by giving authority to the city or municipal civil registrar or consul general to correct errors in the entry of sex and day and month of birth of a person in the civil register. 

With the advent of these new laws pertinent to the correction of entries in the birth certificate, many of our fellow countrymen would be eased of the burden of going to the court just to correct errors in the entries of our one of the most important documents in life – the Birth Certificate.

I am hoping that you may find useful information in this post, and continuously visit my blog every now and then. Happy reading, sharing and learning!

“A change is brought about because ordinary people do extraordinary things.”

Friday, June 14, 2013

Independence Day

 It has been one hundred fifteen (115) years ago since we have savored the sweet trumpets of victory we fought for more than three hundred years of Spanish colonization. As I turned the dog-eared pages of my history book, I realized that it is not only the triumph, sweat and blood of our heroes that we celebrate but also the relevance of their sacrifices in this modern day age of technological revolution. 

In this fast real time age of information superhighway, we cannot deny that we are living in a drastically changing interconnected environment where everyone is free to speak their minds and share responsibly in their own little ways on what one can do for his or her country. Truly, who would have thought that we have now Tablets that are not taken orally and Apple that is as enticing and juicy as one of our favorite fruits, which we held in our hands as our platform of communication and connection to the world at the tip of our finger prints? As youth living in this Gen-Y, we no longer need to tear our cedulas and time warp in the 1896 Cry of Pugadlawin lead by Andres Bonifacio, intermittent revolts across the nation of Diego Silang and other cohorts, or imitate the commemorative death of our national hero Jose Rizal at Bagumbayan… Our long lists of national heroes have already done their part. They have successfully pushed for our sovereignty and freedom as a nation to the whole world and we are grateful for this wondrous gift. Indeed, our annual celebration of Independence Day  consistently poses a challenge to all of us on what can we do as an individual citizen to continuously ignite the glowing and burning flame of heroism to our fellow citizen, our country and the world. 

In essence, for me, independence is no longer freedom from our colonizers –whether it be Spaniards, Americans, or Japanese but it pertains to freedom from hunger, poverty, economic colonialism, threat and security to our sovereignty and integrity as a nation. It is our bounden duty to pursue our collective effort to unleash the country from the shackles of vicious cycle of poverty and other social issues affecting the people. It is not only the sole effort of the government but it also requires the working hands of various non-government organizations (NGOs), people’s organizations, civil societies and the people from the grassroots level.  The modern day technology through various social media such as Facebook, Twitter, Instagram, Youtube, and other social media networking sites will be our vehicle in transforming the lethargic spirit of the community into a more vigilant, conscious-driven,  responsive and vibrant society. The historic revolution staged by our forefathers and heroes in the struggle for freedom and democracy would not have been protracted  if they have experienced early on the fruits of development we are enjoying right now… However, there is nothing to be regret about it because it is only through their own way that we have known the priceless sacrifice and burning hearts and desire of Filipinos to be free. 

In this modern age of technological revolution, we are lucky we have been witnessed to the most coveted prize our heroes have fought for centuries--- peace. Our quest for freedom from hunger, poverty, economic colonialism, threat and security to our sovereignty and integrity as a nation do not end with our celebration of the annual celebration of Independence Day but still continues as we undertake the journey  towards the path of economic growth and development.

“A change is brought about because ordinary people do extraordinary things.”

Sunday, May 5, 2013

DOTC-DTI Joint Administrative Order No. 1, s. 2012 [Bill of Rights for Air Passengers and Carrier Obligations]

It’s summer once again and everyone is having the time of their lives enjoying this opportunity to travel here, there, and everywhere! This summer, I’m pretty sure many of you will fly to venture to the crystal clear blue waters of Boracay, Phuket Thailand, pristine waters of Sri Lanka and even the Caribbean islands not to mention the US or European tour in order to see the beautiful places of the western side of the world, both monumental, religious and historic ones, reflecting the cultural, political, and social milieu of the amazing scenery with the thought of expecting to shed even for a little while the cobwebs of stress, the hustle and bustle of the city. 

I have here some relevant provisions of the DOTC-DTI Joint Administrative Order No. 1, s. 2012 dated December 10, 2012 entitled “Providing for a Bill of Rights for Air Passengers and Carrier Obligations” which I think may be useful in asserting your rights as a passenger and enforcing the obligations arising therefrom whenever you travel by air. Happy reading!!!


1.   Right to Full, Fair, and Clear Disclosure of the Service Offered and All the Terms and Conditions of the Contract of Carriage.  Every passenger shall, before purchasing any ticket for a contract of carriage by the air carrier or its agents, be entitled to the full, fair, and clear disclosure of all the terms and conditions of the contract of carriage about to be purchased.

a.   An air carrier shall cause the disclosure under this Section to be printed on or attached to the passenger ticket and/or boarding pass, or the incorporation of such terms and conditions of carriage by reference.

b.  Passengers receive an explanation of key terms identified on the ticket from any location where the carrier’s tickets are sold, including travel agencies.

c.  Aside from the printing and/or publication of the above disclosures, the same shall likewise be verbally explained to the passenger by the air carrier and/or its agent/s in English and Filipino, or in a language that is easily understood by the purchaser, placing emphasis on the limitations and/or restrictions attached to the ticket.

d.   The key terms of a contract of carriage if done in print, must be in bold letters,

2.   Right to Clear and Non-Misleading Advertisements of, and Important Reminders Regarding Fares. 

 Advertisements of fares shall be clear and not misleading.

a.   Major restrictions, such as those on rebookability or refundability, shall be disclosed in full and in such a way that the passenger may fully understand the consequences of purchasing such tickets and the effect of non-use thereof.

b.   Every air carrier causing the publication of fare advertisements in any medium, shall likewise disclose the Conditions and restrictions attached to the fare type, Refund and rebooking policies, if any;, Baggage allowance policies;, Government taxes and fuel surcharges, Other mandatory fees and charges, Contact details of the carrier (i.e. phone number, website, e-mail, etc, Other information necessary to apprise the passenger of the conditions and the full/total price of the ticket purchased.

          In case of promotional fares, the additional information shall be included:  Number of seats offered on a per sector basis; The duration of the promo; and The CAB Approval No. of Fares.

c.   Right Against Misleading and Fraudulent Sales Promotion Practices. All sales promotion campaigns and activities of air carriers shall be carried out with honesty, transparency and fairness, and in accordance with the requirements of the Consumer Act of the Philippines, and its Implementing Rules and Regulations.


1.   Right to Transportation and Baggage Conveyance. Every passenger is entitled to transportation, baggage conveyance and ancillary services, in accordance with the terms and conditions of contract of carriage with the air carrier.

2.   Right to be Processed for Check-In. a passenger holding a confirmed ticket, whether promotional or regular, with complete documentary requirements, and who has complied with the check-in procedures, shall be processed accordingly at the check-in counter within the check-in deadline.

3.   Right to Sufficient Processing Time. Passengers shall be given enough time before the published ETD within which to go through the check-in and final security processes. air carriers operating in international airports and in other airports designated by the DOTC shall open their check-in counters in such airports at least two (2) hours before the ETD. In other airports, air carriers shall open their check-in counters at least one (1) hour before the ETD.

4.   An air carrier shall designate at least one (1) check-in counter which will prioritize persons with disabilities (PWDs), senior citizens, and persons requiring special assistance or handling. If this is not practicable, the air carrier shall instead provide for priority handling and processing of such passengers.

Persons accompanying a PWD, a senior citizen, or a person requiring special assistance or handling should also be accommodated at the designated check-in counter mentioned in the preceding paragraph.

5.   Right to Board Aircraft for the Purpose of Flight. No passenger may be denied boarding without his/her consent except for when there is legal or other valid cause, such as, but not limited to, immigration issues, safety and security, health concerns, non-appearance at the boarding gate at the appointed boarding time, or government requisition of space. 

Government agencies and/or officials wanting to acquire aircraft space for official government purposes shall submit a written request justifying the requisition to the CAB, which shall then make the request to the air carrier concerned, detailing:

 (a) The number, identities, and affiliation of the persons requesting for space;

(b) The date and time (if applicable) of the flight; and

(c)   The destination.

Should government requisition result in passengers having to forego their confirmed space, the air carrier shall look for volunteers, who will be given air carrier compensation or amenities or services.


1.   Right to Compensation and Amenities in Case of Cancellation of Flight.

a.   In case of flight cancellation attributable to the carrier, a passenger shall have the right to:

i.  Be notified beforehand via public announcement, written/published notice and flight status update service (text);

ii.    Be provided with sufficient refreshments or meals, hotel accommodation (conveniently accessible from the airport), transportation from the airport to the hotel, v.v. free phone calls, text or e-mails, and first aid, if necessary.

iii.   Reimbursement of the value of the fare, including taxes and surcharges, of the sector cancelled, or both/all sectors, in case the passenger decides not to fly the ticket or all the routes/sectors;

iv.  Be endorsed to another air carrier without paying any fare difference, at the option of the passenger and provided that space and other circumstances permit such re-accommodation.

v.   Rebook the ticket, without additional charge, to the next flight with available space, or, within thirty (30) days, to a future trip within the period of validity of the ticket.

However, in case a carrier cancels a flight at least twenty-four (24) hours before the ETD, it shall not be liable for the foregoing amenities, except, it shall be obliged to notify the passenger, and, in accordance with the preceding provisions, to rebook or reimburse the passenger, at the option of the latter.

b.   In case the air carrier cancels the flight because of force majeure, safety and/or security reasons, as certified by the Civil Aviation Authority of the Philippines, a passenger shall have the right to be reimbursed for the full value of the fare.

The above benefits are the minimum entitlement of a passenger in case of cancellation, and shall not prohibit the air carrier from granting more favourable conditions or recourses, as it may deem appropriate.

2.   Right to Compensation for Delayed, Lost, and Damaged Baggage. A passenger shall have the right to have his/her baggage carried on the same flight that such passenger takes, subject to considerations of safety, security, or any other legal and valid cause.

a.   In case a checked-in baggage has been off-loaded for operational, safety, or security reasons, the air carrier shall inform the passenger at the soonest practicable time and in such manner that the passenger will readily know of the off-loading (i.e. that his/her baggage has been off-loaded and the reason therefor). If the passenger’s baggage has been off-loaded, the air carrier should make the appropriate report and give the passenger a copy thereof, even if it had already announced that the baggage would be on the next flight.

b.   The air carrier shall carry the off-loaded baggage in the next flight with available space, and deliver the same to the passenger either personally or at his/her residence. For every twenty-four (24) hours of delay in such delivery, the air carrier shall tender an amount of Two Thousand Pesos (Php2,000.00) to the passenger, as compensation for the inconvenience the latter experienced. A fraction of a day shall be considered as one day for purposes of calculating the compensation.

c.   Should such baggage, be lost or suffer any damage attributable to the air carrier, the passenger shall be compensated in the following manner:

i.        For international flights, the relevant convention shall apply.

ii.       For domestic flights, upon proof, a maximum amount equivalent to half of the amount in the relevant convention (for international flights) in its Peso equivalent.

For compensation purposes, a passenger’s baggage is presumed to have been permanently and totally lost, if within a period of seven (7) days, counted from the time the passenger or consignee should have received the same, the baggage is not delivered to said passenger or consignee.

d.   Right to Compensation In Case of Death or Bodily Injury of a Passenger.

i.     For international flights, in case of death or bodily injury sustained by a passenger, the relevant Convention and inter-carrier agreement shall apply.

ii.   However, for an international carriage performed under the 1966 Montreal Inter-Carrier Agreement, which includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place, the limit of liability for each passenger for death, wounding or other bodily injury shall be the sum of Seventy-Five Thousand United States Dollars (US$75,000.00), inclusive of legal fees and costs. Provided, in the case of a claim brought in a state where a provision is made for a separate award for legal fees and costs, the limit shall be the sum of Fifty-Eight Thousand United States Dollars (US$58,000.00), exclusive of legal fees and costs.

iii.  For domestic flights, the compensation shall be based on the stipulated amount in the relevant convention which governs international flights, the same to be given in Peso denominations.

e.   Right to Immediate Payment of Compensation. The air carrier shall tender a check for the amount specified, or cash, or the document necessary to claim the compensation or benefits mentioned above. 

          There you have it my friends, so next time you embark on a journey you are already aware of your rights and the corresponding obligations of the air carriers. It is really exciting and enjoyable to fly safely to anywhere you want as long as you know the law that governs your respective rights and obligations of air carriers. Thus, it is essential that you have a copy of this joint administrative order of Department of Transportation and Communication and the Department of Trade and Industry (DTI) [Bill of Rights for Air Passengers and Carrier Obligations]   wherever you go.

Have a safe happy travel!!


“A change is brought about because ordinary people do extraordinary things.”

Sunday, March 31, 2013

Easter Message 2013

nce there was a boy no more than ten years of age. Looking at his eyes, you can merely say that he is full of wisdom and aspiration. One day, he finds himself daydreaming and said, “When I grow up, I would like to be a President of the Republic of the Philippines so that I can be of help to the society. No men, women and children would cry in tears because of lack of food.  No more wars and lasting peace would reign.” These are some of the words of the young and innocent boy. Years and days have gone by, this young boy grown up to a tall and young man. And like most reckless teenagers, he usually wastes his time going to movies, disco pubs, and doing useless things. He is always absent in class and these inexcusable absences made his parents, teacher, and classmates very much worried. Thus, his parents were advised to see the principal of the school regarding this problem. At home, he got a long lecture from his parents. However, the stubborn boy turned a deaf ear that made his parents especially his mother hurt so much. He thought of running away to some place where his mother and father would not reach him, some place where no one knew him. While this thought runs on his mind, a tall dark man wearing dark shades saw him and said, “Hey, Vincent, what are you doing here?” Vincent said, “Albert, it’s you, long time, no see. I have a big problem, you know.” Upon saying his problem, Albert invited Vincent to a narrow street down to a certain impoverished part of Tondo, Manila. Vincent noticed little children playing outside with their worn-out and untidy shirt. The neighboring houses seem like relocation sites of insects and the people are poor as a rat. Vincent felt pity for them. Tears rolled down on his cheeks, “No, this is not the kind of life I wanted. Mama and Papa are right. I have to study hard and do my best so that I will not be like these people. I want to have a brighter future and ambition to fulfill.” The next morning, Vincent headed home and there was only one thought in his mind --- to ask for forgiveness for what he has done. 

This short story taught us the value of asking for forgiveness, admitting one’s mistake and discovering one’s mission in life. We trust that this Holy Week we have utilized our precious moments to make introspection about ourselves with the guidance of Lord Jesus Christ. It is heartwarming to greet this wonderful day of Easter! Let us welcome the day with renewed hopes, aspirations, dreams and ambitions in life. The resurrection and new birth of Jesus Christ symbolize the hope that He gives to mankind. Our reflection during the Holy Week gives us a broader perspective to bring us into the world and realize our lifelong mission, the fulfillment of which helps give meaning and essence to our life. We need, therefore, to live our life and carry out our bounden duty in a manner that would please God the Father. The challenge for us is to re-examine and allow ourselves to be guided accordingly as we combat the social ills that plagued our society – people wallowing in the quagmire of poverty, unemployment and underemployment, violence, injustice, and corruption. As we venture into the new era of technological revolution, the modern day Easter celebration conveys not only the spiritual but also the secular message that each of us can do his or her share in making this world a better place to live in. We, as a citizen of the world, have inevitably did mistakes and met challenges in the past but we can learn from it and use them as stepping stone towards building our future. Indeed, the true resurrection of our being as an individual and as a nation from the social, political environmental, economic and cultural milieu can be realized through God’s saving grace and holy guidance. Happy Easter everyone!! 

“A change is brought about because ordinary people do extraordinary things.”