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Wednesday, November 20, 2024

Lawmakers file bill on foreign birth certificates

Leaders of the House Quad Comm on Wednesday filed a bill seeking to establish an administrative process to expedite the cancellation of birth certificates fraudulently acquired by foreign nationals, including those involved in illegal drug operations and other criminal activities associated with Philippine Offshore Gaming Operators (POGOs).

House Bill (HB) 11117, also known as the proposed “Fraudulent Birth Certificate Cancellation Law,” marks the third legislative measure to arise from the Quad Comm’s investigation into alleged criminal activities by foreigners, particularly the use of falsified documents.

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The bill was introduced by Senior Deputy Speaker Aurelio Gonzales Jr.; Deputy Speaker David  Suarez; Quad Comm Chairs Robert Ace Barbers, Bienvenido Abante Jr., Dan Fernandez, and Joseph Stephen Paduano; and Quad Comm Vice Chair Romeo Acop.

Other authors include Reps. Johnny Ty Pimentel, Gerville  Luistro, Rodge Gutierrez, Francisco Paolo Ortega V, Jay Khonghun, Jonathan Keith Flores, Jil Bongalon, Margarita  Nograles, Ernesto Dionisio Jr., Joel Chua, Zia Alonto Adiong, Lordan Suan, and Cheeno Miguel Almario.

“A birth certificate is the most basic document a Filipino citizen must have. It is a document which provides the imprimatur of the State that an individual is a Filipino and opens to the individual vast opportunities unavailable to foreigners, such as practicing a profession, pursuit of certain businesses, or even to run for public office,” the bill’s authors wrote in their explanatory note.

The move comes after revelations that thousands of foreign nationals have secured Philippine birth certificates through fraudulent means.

In Davao del Sur alone, more than 1,200 falsified birth certificates were issued by the local civil registrar as of July 2024.

Lawmakers said these schemes likely involved collusion with public officers. “These foreigners must have gotten aid from public officers from local civil registry offices to secure such falsified birth certificates for consideration,” the bill’s authors said.

Even with enough evidence of fraud, lawmakers noted that current procedures require a judicial order to cancel a birth certificate, a process that can take years.

In the meantime, they said, the fraudulent documents allow foreign nationals to engage in crimes such as illegal drugs, money laundering, and human trafficking.

“This sad state of affairs cannot be allowed to continue,” they said. Under the proposed legislation, a Special Committee on Cancellation of Fraudulent Birth Certificates would be created, chaired by the Philippine Statistics Authority (PSA) Registrar General, with members from the Department of Foreign Affairs, the Department of the Interior and Local Government, the Department of Justice, and the Office of the Solicitor General (OSG).

The committee would be empowered to investigate complaints, subpoena evidence, and issue decisions on fraudulent birth certificates within 30 days of receiving evidence.

Complaints can be filed by any legal-age citizen or law enforcement agency and must include specific evidence, such as the name of the foreign national, the fraudulent birth certificate’s details, and the circumstances of its acquisition.

The foreign national would have 15 days to respond to the complaint, after which the committee would conduct hearings and decide based on substantial evidence.

Decisions would be immediately executory but could be appealed to the Office of the President, which must resolve the appeal within 30 days.

The bill also seeks to penalize public officials and private individuals involved in facilitating fraudulent registrations.

“It is time to put an end to these unlawful activities,” the authors declared. “Being a Filipino citizen should not be so easily acquired or given away by unscrupulous and selfish individuals who only wish to attain Filipino citizenship to fuel their self-interests. Being a Filipino is something that we should always honor and zealously protect.”

This measure follows the filing of two other bills tied to the Quad Comm investigations.

Earlier this month, Quad Comm leaders filed HB 11043, or the proposed “Civil Forfeiture Act,” which seeks to authorize the government to seize real estate unlawfully acquired by foreign nationals, especially those linked to POGOs.

They also filed in October HB 10987, or the “Anti-Offshore Gaming Operations Act,” aiming to institutionalize a nationwide POGO ban, reinforcing President Ferdinand R. Marcos Jr.’s directive to protect public safety and national security from criminal activities linked to POGOs.

The proposed legislation seeks to ban all offshore gaming in the country and impose penalties for violations.

Also last month, the Quad Comm submitted key documents to the Office of Solicitor General (OSG) for potential legal actions against Chinese nationals accused of using fake Filipino citizenship to acquire land and establish businesses in the Philippines.

The mega-panel, composed of the House Committees on Dangerous Drugs, Public Order and Safety, Human Rights and Public Accounts, urged the OSG to fast-track the review and initiate legal actions, including civil forfeiture proceedings, with relevant agencies.

Editor’s Note: This is an updated article. Originally posted with the headline “Quad Comm-filed bill seeks to cancel foreigner-obtained fake birth certs.”

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