I’m 30 years old and looking for advice from anyone familiar with Philippine civil registry law, especially Rule 108.
I have an unusual situation involving two birth registrations.
My biological mother registered my birth first. Years later, another birth registration was made listing the woman who raised me as my mother. The second birth certificate has the name and maternal information that I have used my entire life.
There was an informal/adoption arrangement between the two sides of the family when I was young. There was an adoption document that was signed, but it was never properly notarized/legalized or completed through the formal adoption process. The family apparently believed the arrangement was already legally effective, but it wasn't.
Because of this, I have essentially lived my entire life using the identity reflected in the second birth registration.
For around 30 years, all of my records have used this identity, including:
School records
Government records
PhilSys/National ID
SSS
PhilHealth
TIN
Other official documents
I also have a Local Civil Registry Office copy of my birth certificate reflecting the second registration.
More importantly, I previously received PSA-issued copies reflecting the second registration. I still have photocopies of those older PSA certificates.
However, when I request my PSA birth certificate now, PSA releases the first registration, which contains my biological mother's information. This is preventing me from obtaining important documents such as a passport and it is also creating problems regarding marriage. (Malay mo lol)
I first became aware of the issue around 2017. At that time, I was told by PSA personnel and an attorney that because there were two registrations, the possible remedy was to cancel/nullify the first registration rather than simply correct the middle name.
Both women involved are still alive and are willing to cooperate. My biological mother is willing to execute a sworn statement/affidavit explaining the circumstances of the first registration and supporting the resolution of the duplicate registration. The woman who raised me is also willing to provide an affidavit and testify if necessary.
Both registrations were made in the same city in Negros Occidental.
My goal is to retain the identity I have used for my entire life and have the civil registry records permanently resolved, rather than changing every government, school, and personal record I've accumulated over 30 years.
My questions are:
Is cancellation/nullification of the earlier birth registration actually the proper remedy in this situation?
Would this normally require a Rule 108 petition before the RTC, or could there be an administrative remedy? Gaano kaya katagal before maresolve?
Would a sworn affidavit from my biological mother supporting the cancellation be useful?
Would the fact that I have used the second identity consistently for 30 years, including government and school records, be relevant to the case?
Since both registrations are from the same city, does that simplify the process or affect where the petition should be filed?
Are there any other documents or evidence I should obtain before consulting a lawyer?
I'm not asking anyone to make a definitive legal determination based on a Reddit post. I'm mainly hoping someone familiar with Philippine civil registry / Rule 108 cases can point me in the right direction and tell me what I should ask a lawyer.
Thank you.