Philippine Digest

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Immigration

Correction of a Family Register

Tomihari Ai
QUESTION

I was wondering if you can help me and give legal advice regarding my case. I was born on December 29, 1987 in Pangasinan, Philippines. My mother is a Filipina and my father is a Japanese but they are not married. In 2009, my father acknowledged me and changed my name to Sachiko Ibañez Jimenez and submitted my information to PSA Birth Certificate in Nagoya City Hall.

Then I found out that my birth certificate under the name of “Sachiko Jimenez Hiei, born on December 19, 1987 at Manila Hospital” was registered in the city hall a month after I was born. I asked the advice of a lawyer of PSA and he told me that my second birth certificate is invalid. So I need to file to the court the “Petition of Cancellation of Birth” (my second birth certificate is already with by the PSA).

My problem is my second birth certificate was registered under the “koseki-touhon” of my father. What should I do to correct the koseki-touhon? My father died last April 2017. I have a brother who is a Japanese national. He will cooperate to file for the conflict of koseki-touhon and the correction of my information. It is a big problem to get my visa. Thank you.

– Sachiko

ANSWER

Please find my answer and comment as follows:

The contents inquired from you are the matters belonging to “correction of a family register,” which is provided in the Civil Code and the Family Registration Law of Japan. Please read carefully the information relevant to the “correction of a family register:”

1. Method of “Correction of a Family Register”

There are two kinds of methods in correction of a family register:

  1. The system that the head of municipal office corrects it by virtue of his office
  2. The system that the head of municipal office corrects it after an applicant obtained the judgment of permission for correction from the Family Court.

As it explains in full detail below, your case needs to obtain the judgment of permission for correction from the Family Court since the “error” on the family register was made by your father but not yours, in addition to the predetermined period (six months) having already passed. And, it is specified that anyone can apply for correction of a family register by permission of the Family Court based on the Article 113th and 114th of the Family Registration Law.

However, since a family register is an important matter, which shows one’s social position in relation on nominal value, it should not be corrected by the easy application by the party concerned or a stakeholder. Therefore, the cause (reason) of the statement for the family register correction, which can obtain from the Family Court is limited to the following 3 clauses.

(*) When the description on a family register is not allowed by the law (Article 113 of Family Registration Law)

(*) When the description on a family register has an error or omission (Article 113 of Family Registration Law)

(*) When a foundation notification is invalid (Article 114 of Family Registration Law)

The meaning of these terms are as follows when it supplements and explains.

  1. “—not allowed by the law—” means that the term which must not be indicated on a family register was indicated
  2. “—has an error—” means that the description is the difference with the fact
  3. “—have an omission—” means that the matter which should be indicated on a family register falls out
  4. “—a foundation notification—” means that is the report/notification to which the effect is born by the report/notification.

For example, when the marriage report was submitted and it was received, the marriage has concluded legally, and when a divorce-by-agreement report was submitted and it was received, the divorce has concluded legally. That is, the “foundation notification” is a kind of the report/notification, which effects from the time when it was submitted and received at the municipal office.

On the other hand, the report/notification that reports having already happened like a “birth report/notification” and “death report/notification” is called “report notification”.

2. Those who can file the petition for correction of a family register

It is divided into two categories by the reason of correction as follows:

  1. When it is the case of “error,” “omission” and “which the description of a family register is not allowed on law,” it becomes those who have an interest on a status and property by the description of a family register.
  2. When it is the case of “a foundation notification is invalid,” it becomes those who is the reporter of a foundation notification and the person himself/herself of the incident.

A reporter means the person who signed/sealed on the notice and submitted to this notification to the municipal office, and the person himself/herself of a notification incident means the candidate of a notification. For example, in the case of a birth certificate, a reporter is a father or a mother, and the person himself/herself of a notification incident is a child. And, in the case of marriage report, a reporter is a husband and wife, and the person himself/herself of a notification incident is same and also husband and a wife. That is, “you” must be a person who can file the petition for correction of your family register, as you understand. Therefore, if you could not come into Japan, it is better to inquire the possibility to the Family Court that your brother who lives in Japan can file it as a representative for you.

3. The Family Court of Jurisdiction

It should be the Family Court, which has jurisdiction over the permanent domicile on your family register. Where is the permanent domicile on your family register indicated your name?

According to your e-mail, your father who had already died submitted your birth report to Nagoya City Office. So, if Nagoya-city is your permanent domicile, you can file it to the Nagoya Family Court.

4. Commission and Stamp Cost

You are supposed to stick a revenue stamp of 800 yen to a “written statement of family affairs-referee.” It costs 800 yen per reason of correction. In addition to this, it is usually required to pay the stamp of hundred yen as mailing. This stamp cost changes with Family Courts.

5. Required Documents

You must submit the following documents after you would have created and filled the necessary information into the “written statement of family affairs-referee of Family Register Correction Permission” and also attach the required documents.

  • Family register to correct (family register, removal-family-register, revised family register in principle)
  • Family register etc. which prove an interest if it does not indicated in the family register that a claimant wants to correct
  • Data, which are necessary to correct

When asking for correction not only about the description of the present family register but also about the description of the past family register, it is necessary to submit the removal-family-register and revised-family register together. A family register, removal-family-register, and a revised-family-register are restricted to the copy issued for less than three months.

It is necessary to submit the data, such as your parents’ marriage certificate, your certificate of birth, a certificate of items-mentioned referring to the family register notification and etc. when you will file your case to the Family Court. And, for your information, you had better to prepare these data after being required rather for presentation from the Family Court since these data completely differs for every case.

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