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Inform DSWD-CPC or FO, whoever is applicable, regarding
the physical custody of the child with a particular person and the fact of
the registration of a simulated birth certificate.
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Assessment of the present custodian/s of the minor by
DSWD to prove the following the issues:
-The circumstances of the physical
custody of the child and how it came about;
-That the child was raised as a
biological child of the custodian/s;
-The registration of simulated birth
certificate was done for the best interest of the child; and
-That the
custodian intend to legally adopt the minor concerned within the amnesty
period.
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For DSWD to further investigate that the simulation of
the birth certificate was done before March ____ 1999.
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That the legalization of adoption is to be carried out
within 5 years from March 1999.
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Custodian/s to obtain an NSO certified copy of the
Simulated Birth Certificate.
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Custodian/s to contact lawyer to file a petition for the
cancellation of the simulated certificate of live birth before the Regional
Trial Court where the simulated birth certificate was registered.
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Court will require publication of notice of hearing.
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Case Study Report from DSWD
-Case Study to focus only on
the fact that:
(a) the child was treated as the biological child of the custodian/s;
(b) the couple has the intention to legally adopt the child;
(c) the
circumstances of simulation of birth (no further details); and
(d) the
registration of the Simulated Certificate of Live Birth was done for the
best interest of the child.
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Proof that custodian/s are not the mother/father of the
child.
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After the court decision is rendered and has become
final, register the petition with the local register where the court is
situated in order to annotate the cancellation of the simulated Certificate
of Live Birth.
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To ensure that the document was forwarded to NSO, go to
the Local Civil Registrar where the authenticated birth certificate was
registered. Ask for transmittal number, the date or whatever code number they
have.
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Register with LCR where the decision for cancellation
was rendered. Bring copies of the following documents:
- Certificate of Finality
- CTC of the court decision
- Photocopy of the simulated birth
certificate