Birth Certificate and the cost of a Lawyer

[freedavid 0]

My fiancé and I are working on a K1 visa when we ran in to a problem with her birth certificate. She has two of them, one a live birth and the other one is a late entry. And they are not the same, different birth dates and her name is spelled wrong on one. One of them needs to be discarded and the right one needs the spelling of her name corrected. Not an easy task so I have learned. Any way we have consulted a lawyer, a friend of hers witch means nothing to me when it comes to dealing with a lawyer. I have some question about the money that she wants to charge us for her services. At first it was P20,000, that sounded ok to me but we received the contract to day and its going to be more like 50,000. So I am posting it here on VJ with out the names to protect the innocent. I will thank any one who has any feed back for us in advance, VJ and its members have been a great help.

David

CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF SERVICE made and executed by and between:

XXXXXXXXXXXXXXXXX, of legal age, Filipino, single, and a resident of XXXX XXXXX, Brgy. XXXXXX XXXXXXX, Leyte, hereinafter called the FIRST PARTY;

- and-

XXXXXXXXXXXXXXXXX, herein represented by ATTY. XXXXXXXXXXXXXXXXX, of legal age, Filipino, married and a resident of XXXXXX, Leyte, Philippines, hereinafter called the SECOND PARTY;

WITNESSETH, THAT:

WHEREAS, the FIRST PARTY discovered that she has two entries pertaining to her record of birth before the National Statistics Office (NSO). One entry reflects the name “XXXXXXXXXXXXXXXXX” with date of birth “APRIL 27, 1983”, while the other entry reflects the name “XXXXXXXXXXXXXXXXX” with date of birth “APRIL 24, 1983”.

WHEREAS, since childhood, she has been using the name “XXXXXXXXXXXXXXXXX with date of birth APRIL 27, 1983”, hence a need to cancel the other erroneously entry.

WHEREAS, the FIRST PARTY desires to engage and hereby engages the services of the SECOND PARTY to institute a Petition for the Cancellation of the Registration of Birth of XXXXX XXXXXX XXXXXX before the Regional Trial Court (RTC), XXXXX City.

WHEREAS, for the benefit of both parties they are now formalizing the engagement by the FIRST PARTY of the services of the SECOND PARTY;

NOW, THEREFORE, premises considered, the FIRST PARTY hereby confirms the engagement of the services of the SECOND PARTY

and the latter hereby agrees to such engagement under the following terms and conditions, to wit:

1. The SECOND PARTY shall render its honest, diligent and faithful services until such time that a Decision is released cancelling her other erroneous entry.

2. The Acceptance Fee due to the SECOND PARTY shall be TWENTY THOUSAND PESOS (P20,000.00), Philippine currency. The Appearance Fee per hearing shall be THREE THOUSAND FIVE HUNDRED PESOS (P 3, 500.00) PESOS, Philippine currency.

This Contract of Service is One Thousand Five Hundred Pesos (P 1, 500.00), Philippine currency.

3. The payment for filing fee, commissioner’s fee, mailings, publication fee, and photocopies shall be for the FIRST PARTY’s account. However, for purpose of proper and complete accounting, the SECOND PARTY shall provide for receipts or asks for receipts if the same is paid in other offices. Tentatively, the amount shall be:

Filing fee …………….. P 5,000.00

Commissioner’s fee ……………. P 5,000.00

(Last case that I handled the amount is only P 3, 500.00)

Publication fee ……………. P 15,000.00

NB: The amount stated is only tentative, FIRST party is encouraged to ask for receipts from the respective offices which said amounts are paid.

IN WITNESS WHEREOF, parties have hereunto set their hands this 20^th day of April 2015 at XXXXX, Leyte, Philippines.

XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX First Party Second Party

By:

ATTY. XXXXXXXXXXXXXXXXX

[pdking5000 56]

Why don't you do it yourself? A lawyer isn't needed in the first place.

[Karmalious 50]

I have not been to the phillipines. So I cannot tell you if this sounds legitamate or not. But, anytime I spend a big chunk of money. I ALWAYS GET 2nd OPINIONS! And not from the internet.

Edited April 20, 2015 by Karmalious

[freedavid 0]

I don't know that I can do it my self, that's why Im asking. But if I can, I will. If you know where I get the info to do it would be much appreciated.

Thanks

David

[VOL 425]

It shouldn't matter if she has two different birth records, as long as you can get a NSO original that has her correct name and correct DOB that you are using on the applications

What part of Philippines does she live?

[freedavid 0]

leyte

[VOL 425]

leyte

I had something similar in 2008 back in Davao and used a lawyer and it was a family friend, Cost was $300 USD

[sweet01 39]

I don't know that I can do it my self, that's why Im asking. But if I can, I will. If you know where I get the info to do it would be much appreciated.

Thanks

David

hi freedavid,

I found these useful links regarding the NSO birth certificate in the Philippines;

http://web0.psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-1

http://www.thedailyguardian.net/index.php/local-news/17835-nso-exec-clarifies-guidelines-on-birth-certificate-error-fix

The lawyer cost around 50-80,000 philippine pesos last year (around $2000).

Hope this helps.

[freedavid 0]

Thanks ill check them out.

[Hank_ 9,173]

1st question is what does NSO have for a birth certificate on their records, that is what you will be dealing with. 2nd, name corrections are much easier to do now, start with the local registar in her barangay.

[Greenbaum 12,258]

Thanks ill check them out.

This could be easy. Like Vol states and Hank also. Get the NSO in the right name and birthdate and determine what it says. If everything on the NSO is correct bring it to the interview and your good to go. If information needs to be changed it can be changed at her local registrar. This could be real simple but you won't know till you have the NSO in your hands.

[RoJ10 18]

Try to look on the new Law that been approved not sure if it is last year or 2 years ago that any correction of mispelled of names can be changed already with supporting documents. Try to ask the NSO office about the legal process.

[Greenbaum 12,258]

Try to look on the new Law that been approved not sure if it is last year or 2 years ago that any correction of mispelled of names can be changed already with supporting documents. Try to ask the NSO office about the legal process.

There is such a law. http://census.gov.ph/civilregistration/civil-registration-laws/republic-act-no-9048

Republic Act No. 9048

Republic of the Philippines

Congress of the Philippines Metro Manila Eleventh Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.

[REPUBLIC ACT NO. 9048]

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.

[minions2 24]

hes ripping you off.. stay away, can't trust that person. he's overcharging you

[MamaLove 0]

Hello freedavid. Seems like the same situation with me but i dont have 2 birth certs just wrong name entry on my Birth Cert.

This is definitely a DO IT YOURSELF thing IF... Please take note below:

Get a copy of her Birth cert from NSO (in security paper) the one that HAS THE CORRECT BIRTHDAY because if you are going to correct just the incorrect first, middle or surname, NO LAWYER is needed. All you have to do is go to your Town or City Hall's Civil Registry Department, tell them you wish to correct it (Repubnlic Act 9048 as Greenbaum mentioned). I dont know how much there in Leyte. I live in Manila, i paid The Civil Registry Department P3,500 (almost $100) for the filing fee (excluding the fees of copies from NSO and some Valid IDs and documents needed to prove that her name on her BC is wrong. Example, if her name on her BC is ALMA But shes been using AMALIA, you need to get supporting documents with her name AMALIA on it. Documents such as NBI, School Records, Police Clearance, Work IDs etc..) Then see The CivRegistry again, and you need to contact a newspaper or tabloid publishing company to publish it (cost me P15,000 or $350 the most) then you need to buy the newspaper whenever they publish that Ad regarding the correction of her name, (They will tell you the date when they publish it) i believe they will publish it 3 times in 3 weeks (secure your own copy of the newspaper because you will also give copy to the Civil Registrar) after the 3 publish, The poublishing company will give you the Affidavit of Publishing and you will submit all the papers (incorrect Birth Cert, supporting documents, cut out copy of Ad on newspaper and the Affidavbit) to the Civil Registry and they will file it to NSO main and the waiting time (it may vary, i am not so sure But this is my expeience) is 4 MONTHS. After 4 months you need to get in touch again to your CiuvRegistry and they will tell you to come personally to NSO main to get the copy of the CORRECTED BIRTH CERT. They told me to go personally to NSO because it is the first time for me to get the CORRECTED one so the next copies (if you will request again, you dont have to go to NSO personally)

Hope this helps.