Dumaguete Info Search


The Middle Name

Discussion in 'Expat Section' started by eskirvin, Mar 15, 2021.

  1. Jens K

    Jens K DI Senior Member

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    Also had a gf (28 as well) being questioned when leaving for a short vacation. Lots of questions, and not accepting already checked in boarding passes for the trip back when they asked to see the return “ticket”. “That’s not a ticket sir it says boarding pass”. What can you do...

    In general I understand the motivation here, but the lack of common sense is stunning over and over again.
     
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  2. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    What happens if you don't register the birth there and then move to another country? You are just SOL and the birth can't be registered in any other embassy? I would say that is a bit ridiculous but I then remember the country we are dealing with.
     
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  3. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I hope so also, for your sakes - all this hassle when you have a new child to care for! But I'm afraid this is 'par for the course' and I see it based on an inferiority complex the Philippines has - they try to overcome this by having massive posters outside educational establishments when we know cr*p all was achieved inside them, they say they will be joining the space race when they actually fail even to make vehicle registration plates within 3 years, they treat foreigners with contempt and would never listen to their advice or their pleas (to do so would seem subservient) ... and many more examples which I can't be bothered to think of just now! They want to think of themselves a great nation when most don't even know there is a big world outside the country.

    So you are meeting this inferiority complex whereby they are determined not to give way and, anyway, what rules and systems they have in place are 'genius' because they thought of them.

    At some point just put your family as priority number one and don't let them stress you. Mostly they are idiots.
     
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  4. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    They told me my one year Visa was not a Balikbayan (even though it was issued as a BB and accepted as such when I exited the country 12 months later) and said I could not apply for a driving license at all. They know nothing - they just think they do.
     
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  5. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Isn't there an oddity in this - their citizens go abroad as OFWs and get very badly treated in some countries, but they feel they did this to your then gf because they were protecting her. No one can complain about having some controls in place - but the Philippines is a prison to many of its citizens. Why are they accepted into the International Community.

    You may have been lucky (although you would not be thinking so) as I read of a case whereby a foreigner sits in prison in Cebu seven years after trying to accompany his girlfriend on an interview to Singapore. I think she is also in prison.
     
  6. you_have_been_removed

    you_have_been_removed DI Member

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    wasn't there a case recently in the Phils about name changing and the child's right to use the mothers name as the father was gone or died a long time ago, a bit hazy on the details but it was only a few weeks ago, might have nothing to relate to your drama
     
  7. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I'm skeptical that a person did nothing other than accompany their gf to a government office and they were both then locked up. :meh: The has to be much more to that story. Was she married? Did they get belligerent? We're they trying to take a child with them that didn't belong to the foreigner? I've seen enough foreigners interacting with the government and been in enough government offices here to know that it is extremely unlikely to get locked up for no reason other than walking into a government office. I'm sure it could happen but odds are they were doing something extremely inadvisable or there was some other backstory.
     
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  8. charlyB

    charlyB DI Forum Adept

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    When i was still working my wife and i did a lot of travelling due to the requirements of my job (she was in her late 30's early 40's)
    On exiting the Philippines she was constantly hassled at immigration for one reason or another that the officer would never clarify to me when i questioned them about the supposed "problem"
    After thinking why this was happening it came to me that it always happened when the officer was female and never any problem with a male, this led me to believe jealousy was the cause, not because my wife was with such a good looking guy as me but because she was escaping the place that they were trapped in.
    Since then even though it meant standing in the longest queue at immigration we always picked a counter with a male officer.
    Problem solved.
     
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  9. Mom Miriam

    Mom Miriam DI Member

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    Good day! My late parents also had to have a problematic name entry in my birth record cancelled or corrected due to confused application of the 1889-enforced Spanish Civil Code and a Catholic Church-imposed addition of a saint’s name in baptism. I gather that, in Muslim cultures, religious law and/or civil registration procedure does not require a child to bear any middle name. I also read that, in western cultures, a new baby’s name is registered with a middle name simply consisting of a second given name or any that’s between the first given name and the last name. In the Philippines, a newborn’s name is strictly registered, with lawful exception, as consisting of one or more given names as first name; of a middle name taken from the mother’s maiden surname; and of a last name taken from the father’s surname.
    The lawful requirements to report birth abroad are listed in the Department of Foreign Affairs guidance, officially published at https://consular.dfa.gov.ph/services/consular-records/crd-requirements/crd-report-of-birth, or in the Embassy of the Philippines in Kuwait guidance, officially published at http://www.kuwaitpe.dfa.gov.ph/80-consular-services
    The lady at the Philippine Embassy in Kuwait was actually correct and appropriate in saying that the given name “Gabrielle” is not your daughter's middle name and that it has to be her mother’s maiden surname because not only does Filipino culture traditionally give equal value to both lineage from birth mother and lineage from birth father, as evolved from 377 years of Hispanization, but also Philippine law, Philippine jurisprudence, and the Philippine government explicitly requires the birth mother’s maiden surname to be supplied as the newborn's middle name, in civil registry or in report of birth abroad.
    The Vice Consul was appropriately referring you to Republic Act No. 386 (June 18, 1949) known as the Civil Code of the Philippines (amended/ renumbered by Executive Order No. 209, s. 1987 and published at https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/ wherein the following relevant provisions of law are ordained:

    “Article 264. Legitimate children shall have the right: (1) To bear the surnames of the father and of the mother:” (Under Chapter I Legitimate Children of Title VIII, Book I Persons)

    “Article 368. Illegitimate children referred to in article 287 shall bear the surname of the mother.” (Under Title XIII Use of Surnames, Book I Persons)


    “Article 380. Except as provided in the preceding article, no person shall use different names and surnames.’‘ (Under Title XIII Use of Surnames, Book I Persons)

    As you can see, the wording of the above provisions does not give legal basis or option to use a given name as middle name in birth civil registry or in reporting birth abroad.


    In addition, Philippine jurisprudence has legally established the parts of a person's name, the purposes of a middle name, and has upheld requirement of the mother’s maiden surname as middle name in birth civil registry, in the case In Re: Petition For Change Of Name And/Or Correction/Cancellation Of Entry In Civil Registry Of Julian Lin Carulasan Wang versus Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005 (officially published at https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/43544 wherein the Supreme Court states: “Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has… … the registration in the civil registry of the birth of such individuals requires that the middle name be indicated in the certificate. The registered name of a legitimate, legitimated and recognized illegitimate child thus contains a given or proper name, a middle name, and a surname.” (bold highlighting, mine)

    Moreover, the Philippine Government thru the Philippine Statistics Authority (PSA), reorganized and created by Republic Act No. 10625 (July 23, 2012) as implementor and enforcer of Act No. 3753 (November 26, 1930) known as the Civil Registry Law, officially defines what constitutes the full name of an individual at https://psa.gov.ph/content/faq-civil-registration-procedures-births and gives official instructions to government workers on how to record a child’s full name or middle name on pages 54-56 of 159 of the Civil Registration & Vital Statistics Handbook for Health Workers, officially published at https://psa.gov.ph/sites/default/files/CRVS HANDBOOK FOR HEALTH WORKERS (Second Edition).pdf
    YOU DID RIGHT in trying to report your daughter’s birth abroad to the Philippine embassy in Kuwait; BUT YOU ERR in refusing to supply the maiden surname of your daughter’s mother as middle name. Such refusal to abide by the Philippine Civil Code or the Civil Registry Law demonstrates a denial of your daughter’s Filipino maternal filiation and/or a disavowal of maternity by her Filipino mother. With such denial or disavowal of Filipino maternal filiation, it is likely your daughter can not be issued a Philippine Passport. Relative to this, the Supreme Court declared in Gerardo B. Concepcion versus Court of Appeals and Ma. Theresa Almonte, G.R. No. 123450, August 31, 2005 (officially published at https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/42595) that: “A mother has no right to disavow a child because maternity is never uncertain.” (bold highlighting mine)
    My own problematic experience was not the same as yours. Yet to help, let me refer you to PSA-prescribed standard solutions for resolving middle name problems in Birth Certificates, officially published at
    https://psa.gov.ph/civilregistration/problems-and-solutions/no-middle-name. Hope you will find an applicable solution to your problem soon. Cheers!
     
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    Last edited: Mar 17, 2021
  10. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I have to accept your opinion on this, as I don't know either. In fact, he was asking for cash to help buy food - so, relating to another of your posts about what is the truth in what we read, I did not contribute as I had some doubts. I do know that having failed to get allowed to exit at Manila, they went to Cebu to try there (not a good idea) - but I am very sure that no children were involved.

    But, again, if we assume every person in prison here must have done something wrong, then surely that is way out.
     
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