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Tuesday, April 30, 2013

RA 10172 and My (Mis)adventures (Part 2: Requirements)

My parents and my siblings had gone to my(and my mom's) hometown a few days ahead of me. I requested them to bring the documents (the original copies and three photocopies of each) that I had prepared.
Take note that in my previous post, I mentioned that I had prepared as many personal documents that I could since nobody could answer my questions about the requirements and I hadn't found the right person to tell me what these requirements were. A certain municipality down south had posted the requirements needed to file for petition for RA 10172 within their jurisdiction. Although I was aware that their requirements might be different from others, I assumed that some of their requirements and the municipality of Villanueva are similar since they follow the same implementing rules and regulations (IRR) from the National Statistics Office.

My mom, a former clerk at Villanueva Municipal Hall, went there to inquire about my case. The clerk, who happened to be my mother's friend and former colleague, in return, gave her a list of requirements to be submitted and the fees to be collected. For the benefit of everybody, here they are:

The list of requirements given by the clerk at the Municipal Hall:

The requirements- RA 10172- Misamis Oriental




 This is more specific than the one from the full text of RA 10172. My younger sister uploaded this on my Facebook account to inform me of the other requirements that they had failed to bring. 

I mentioned in my previous post that I prepared A LOT OF documents --- SSS and Philhealth Certificate of Contribution, My IDs (Philhealth, SSS, PRC etc) Transcript of Records, Diplomas (elementary, high school, college, CAT) PRC Board Certificate, Certificate of Employment--- I included all documents which I thought were sufficient enough to prove that my gender is FEMALE, not MALE. That's because, as I had mentioned, the list of requirements provided by NSO and other websites were not specific. For example, take a look at item # 2 "at least 2-3 documents showing the correct entries", we might wonder what kind of documents they were. Transcript of records? Receipt? Diploma? It was not specified.
Moreover, item # 3 "other documents which the petitioner or the municipal civil registrar or the consul general may consider relevant and necessary for the approval of petition" is confusing for the law didn't mention any certain document either. What if for the petitioner, SSS and Philhealth certificates of contribution where his/her gender had been marked, were considered relevant? We also have to notice that the conjunction OR is used in this clause, which means "either of the two" (there's a choice). However, the decision of the MCR shall prevail. Confusing, isn't it? Needless to say, the other documents that I had prepared were not needed anymore.

Of course, the petitioner should never forget to bring the NSO copy of his/her birth certificate which contains the entry or entries to be corrected.
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You should get this from the National Statistics Office or by requesting for a copy online, through NSO Serbilis or SM Business Center, if you are not in a hurry. Just pay P160.00, wait for a minimum of three days and you can get your birth certificate hassle-free.


Other things to remember:

Marriage certificate. The clerk meant "Marriage Contract". Not necessary for singles.
Baptismal Certificate: Where to get it?

It depends on what religion/ congregation a petitioner belongs. He/she should ask his/her parents or guardian first to confirm where the baptism took place. Then call for appointment or visit the place and pay the fees.

What if the place was too far from where the petitioner is currently residing?
I don't have any idea regarding the rules of the other sects/religion. In Villanueva, one of the requirements was to produce a copy of my parents' baptismal certificate because there were a lot of mistakes on my birth certificate; aside from gender, my father's surname had also been misplaced, and my mother's middle name was marked "U" instead of "LLAUDERES". Since both my parents are Born Again Christian and are members of the Assemblies of God Church, I just approached a pastor who belongs to and leads the said group and asked for their baptismal certificates.

For medical record, this is the
-->"certification issued by accredited physician attesting to the fact that the petitioner has not undergone sex change or sex transplant." In my case, this was the most time-consuming and the most expensive requirement as well.
 
It was time-consuming, yes. It was because, unlike Metro Manila, Villanueva, Misamis Oriental has few lying-in clinics or hospitals and on limited schedule. Since the lying-in clinic nearest to the municipal hall was closed on Thursday, April 18, (my first day in the province) I rushed to the next town-Tagoloan. I arrived at Tagoloan Polymedic at nine o'clock AM and waited for more than an hour. Since I was in a rush, my uncle accompanied me to another hospital in Puerto, Cagayan de Oro City, but went back because the Ultrasound would be opened at two o'clock PM. When we went back to the said Polymedic, the doctor had already been accommodating patient number two (I was supposed to be the first patient) and by the time the doctor finished my examination and he had given me a medical certificate, the Ultrasound Department had already been closed, so again, we had no choice but to ask a referral to another clinic and went back to Puerto, Cagayan de Oro.

I would like to remind would-be petitioners who are from Misamis Oriental (as again, this might vary from municipality to municipality) THAT THE MEDICAL EXAMINATION SHOULD INCLUDE TRANS-VAGINAL SONOGRAM (ULTRASOUND) AND SHOULD BE DONE NOT WITHIN YOUR CURRENT RESIDENCE BUT WITHIN THE PLACE WHERE YOUR BIRTH WAS RECORDED. Nobody gave me a warning on this, that's why I underwent medical examination twice- the first was in Comembo, Makati City (P400 pesos) and the second was in Tagoloan Polymedic Hospital (P300 consultation with medical certificate + P550 for ultrasound) in Misamis Oriental. Fortunately, I did not undergo trans-vaginal ultrasound right away when I underwent medical examination in Comembo, Makati City. 
 
The petitioner should attach his/her ultrasound report to his/her medical certificate. Afterwards, go to the Municipal Health Center and ask for another medical certificate from the Municipal Health Officer, stating that the petitioner did not undergo sex change or sex transplant. Ask the clerk if they could give you a copy or a sample of this certificate because there were some doctors who didn't have any idea about this “special medical certificate”.

Employer certificate--- the clerk meant "Certificate of Employment". The petitioner may ask for a copy from the Human Resource Department of your company. If he/she is unemployed, the most recent one will be fine.

What if the petitioner is a student? According to the clerk, Certificate of Moral Character will be accepted and in some municipalities, Transcript of Records is also required.

NBI AND (not OR) Police Clearance (from the place where the petitioner has been residing). This will also serve not only as reference for zero criminal record but also for the address to be filled on the petition, and the address where the "new" birth certificate will be mailed. Thus, it would be better to have the same address on your NBI and Police Clearance.

Birth certificates of parents. My mother did not have a copy of her birth certificate in NSO, but my father has. Luckily, the clerk told me that baptismal certificate would be fine in lieu of birth certificate.

The fees to be collected.
Payment-RA 10172- Misamis Oriental.
More than half of the entire payment goes to FILING FEE. Publication fee is required because the petition shall be published at least once a week for two consecutive weeks in the newspaper of general circulation as the law required. As you might notice, the document will be sent to NSO Sta. Mesa, Manila and NSO Quezon City so LBC fee is also included in the payment.

LBC to Taguig- because the new copy of my birth certificate will be sent to Taguig, Metro Manila where my parents are currently residing. I did not use our address in Comembo, Makati City because my husband and I have just started renting a new apartment last year.

WRITER'S NOTE:
Again, the requirements and payment are not applicable in all cases and in all cities/municipalities. These are just the requirements from the municipality of Villanueva, Misamis Oriental, the place where I was born. In addition, these requirements and payment depend on the entries to be corrected. It would still be better to call or visit the municipality where your birth had been recorded, or have a relative or friend inquire for you so you could prepare in advance.




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