| See No. 2733 to the Legal Office
Superintendency of Notaries and Registration
To: Lady
Enny MARIA HERNANDEZ CONRADO
Carrera 21 C No. 28-04
The
Trupillos Barranquilla, Atlántico
Subject: Grant deed birth certificate correction without citizenship card, CN - 03 35 517 ER filing dated October 04 2006
Date: October 5, 2006
Dear Mrs. Enny Mary
Consultation in the matter described above, the following:
First case:
1. One child under 14 years was recorded in 2000, so his record is the new system and has a NUIP ALPHANUMERIC.
2. At 18 years is close to the Registrar to issue him the certificate of citizenship, which is not possible because the record is not recorded as not assigned the NUIP EQUIVALENTS, has only one NUIP ALPHANUMERIC.
3. Recording is not possible registry errors correctable by public deed.
4. The deed does not authorize the notary, because the registrant has come of age.
5. You can not issue the writ as outlined in Acts 2 and 3, and can not grant deed, having no identity card. Sheet No. 2
Ms. Enny Maria Conrado Hernández
What is the solution for this city? Must authorize the notary deed without the card, what's the solution?
Second case:
1. Scored a registration by mail and basic document format annexed to the testimony of two witnesses.
2. The statement extraproceso held before a State Municipal Civil Registrar, pursuant to Article 10 of Act 769 of 2005, Anti-paperwork.
3. The office made the return target registration, because the statements must be made before a notary.
4. Article 10 of the Anti-paperwork law does not apply to the official station and another for those who qualify
should accept the registration officer based on that document?
Legal Framework:
Article 266 of the Constitution, established office at the National Civil Registrar, among others, management and organization of the Civil Registry.
Articles 3 and 94 of Decree Law 1260 of 1970.
Articles 2, 3, 4 and 6 of Decree 999 of 1988.
Decree 1555 of 1989.
Decree 960 of 1970, Section 24
Decree 158 of 1994
Act 962 of 2005 (Anti-paperwork)
Sheet No. 3
Ms. Enny Maria Conrado Hernández
Considerations Legal Office:
Case No. . 1:
Article 2 of Decree 999 of 1988, provides: "The registration of civil status, once granted, can only be altered under judicial decision final, or available to interested parties in cases manner and with the formalities set forth in this Decree. "
ibid. The article 3 states: "Only request rectification or correction of a record or enter the respective deed, the persons to whom it relates, either directly or through their representatives or their heirs. "
And Article 4 of the same regulation provides: "After the registration of civil status, the official registrar, upon written request of the person concerned, correct typos, spelling, and those who are established in comparison background document or the mere reading of the folio, by opening a new one where you entered the correct data. The pages carry reference notes of mutual ...
corrections referred to in this Article shall be made to adjust the recording to reality and not to alter the marital status "
Article 1 of Decree 1555 of 1989, provides: If the record has to be modified, lies in one of the notaries of the place of residence of the deeds referred to Articles 91 and 94 of Decree Law 1260 of 1970, should be issued in the same notary where registration is ... "
Article 24 of Legislative Decree 960 of 1970 provides:" The identification of such witnesses will be made with the relevant legal documents, leaving testimony of which they are. However, in case of emergency, in the absence of special identification document, the Notary may identify with other authentic documents, or by the faith of knowledge on his part ... "
The legal document identification card is registered of citizenship, be an adult.
Sheet No. 4
Ms. Enny Maria Conrado Hernández
In the event that the Notary identify it with an authentic document other than the certificate of citizenship, must record the document in question and identifies in accordance with Article 24 above transcript. If the grantor
not identified, the deed would be void, formal compliance with the provisions of paragraph 5 of Article 99 of Legislative Decree 960 of 1970.
On the other hand, I would transcribe the article 22 of Act 962 of 2005, Act Anti-paperwork: Unique Personal Identification Number. Create the Unique Personal Identification Number, NUIP, which will be assigned to the Colombians by the National Registry of Civil Status at the time of registration of birth certificate issued by officials bearing the Civil Registry. The NUIP apply to all events and actions affecting the civil status of persons, and all documents are issued by public authorities.
The NUIP be assigned for each registrar's office and administered by the National Registry of Civil Status, which determine the composition and structure. For older age at time of issue of this law, means that the NUIP is the number of identity card of every Colombian. (Emphasis added)
The NUIP not change at any time and when there are changes to documents, keep the original NUIP.
The National Registry of Civil Status may create mechanisms for the issue of documents required for full identification of children and adults.
The NUIP valid as universal identification number for all entities of the Social Security System ".
Case No. 2
In the event that the person concerned can not go to register its birth place Sheet No. 5
Ms. Enny Maria Conrado Hernández
where it occurred, the recording of this can make it through the birth registration form by mail, in accordance with the provisions of Article 1 of Decree 158 of 1994, which provides: "To enroll in the registry office belatedly birth occurred in the territory of persons residing abroad or in remote places the homeland in relation to that which is to be made for registration or for good reason inconvenient appearance of those, you can use birth registration by mail, after having obtained the application and accompanied as a background document by the Notary or City Clerk Civil State. "
birth registration form by mail, you must fill out in duplicate and submitted to any of the Notaries of the State or Municipal Civil Registrar, the place where he resides, for purposes of recognizing the content and signature also be presented the person whose birth is being registered, in order to be fingerprinted.
Once filled out the form, the Notary or Registrar of Civil Status will give the interested both the original and the copy and the document will serve as precedent for the registration to his expense account and refer it to a family or directly to the notary or Municipal Civil Registrar of the place where the birth occurred and shall cover the carriage of mail by the respective submissions.
The procedure to register a birth civilly is enshrined in article 1 of Decree 2188 of October 16, 2001, which states: "When it intends to register the birth out of time prescribed in Article 48 of Decree 1260 of 1970, the application will advance to the civil registrar, to which state the applicant or legal representative if the enrollee is underage birth is not registered with competent authority.
The birth must be accredited by the live birth certificate issued by a doctor, nurse or midwife, or other original documents or copies of parish lines, for those baptized within the Catholic Church or faith-based annotations, for people of other faiths.
Sheet No. 6
Ms. Enny Maria Conrado Hernández
If you can not take credit for the birth with the above documents will be made on the basis of evidence in accordance with Article 50 of Decree Law 1260 of 1970. In this event, the affidavit rendered himself personally before the civil registrar or notary, will make at least two people who have seen, attended or had direct and reliable news of the birth ... "
Article 299 of the Code Civil Procedure, states: "The evidence for non-judicial, shall be rendered exclusively by notaries or mayors ..."
Article 1 of Decree 1557 of 1989, says: "They may be notarized under penalty of perjury, extra-end statements, which have the scope of the rendered before civil courts, without prejudice to the competence granted to the latter official.
Law 962 of 2005, Article 10 states: "Using email to send information. Amend Article 25 of Decree 2150 of 1995, which will read:
"Article 25. Use the mail to send information. The Public Administration entities shall provide the receiving and sending of documents, proposals or requests and their responses via mail and email.
In any case, it may not admit or deny the requests or reports from individuals or corporations that are received by mail within the country.
Requests for administrators or users shall be submitted on the date of incorporation to the post, but for purposes of computing the response term, shall be located on the document that actually reaches the entity and not the date of its incorporation the mail.
Requests administrators or users to which this Article applies, and be sent by mail should be answered within the time signal to the communication itself, which shall begin from the date of receipt of the same in the recipient's address.
Sheet No. 7
Ms. Enny Maria Conrado Hernández
If it is not possible to establish the date of receipt of the document in the addressee's address shall be presumed to ten (10) days from the date of release in mail.
Similarly, the petitioner may request the mailing of documents or information to the public entity for which they must attach to his request a postage-paid envelope and duly annotations.
Paragraph. For purposes of this Article, valid mailing certificate, if the address is correct and clearly filled out. "
Anti-paperwork law that you alluded to is the 962 769 2005 and not 2005.
So, inasmuch as the statements extraproceso in birth registration by mail must be received in writing and submitted to the competent official or notary, to serve as background document of registration, very different than when making the booking and statements before the same officer or notary public, as in this case, just the single firm folio witnesses in civil registration of birth, consider this office extraproceso statements to be submitted with the birth registration form by mail, must be given to the competent official, ie mayor or notary public before.
feeling
With special consideration
Janeth Díaz Cecilia Cervantes
Chief Counsel Office (e) Projected
: 10/06/2005
GEVB
Revised: CGD
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