Transitional Law To Facilitate The Settlement Of Birth Of Older Adults.

Original Language Title: LEY TRANSITORIA PARA FACILITAR EL ASENTAMIENTO DE PARTIDAS DE NACIMIENTO DE LAS PERSONAS ADULTAS MAYORES.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-transitoria-para-facilitar-el-asentamiento-de-partidas-de-nacimiento-de-las-personas-adultas-mayores/archivo_documento_legislativo



1. Decree No. 43 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to article 1 of the Constitution of the Republic of El Salvador recognizes the human person as the origin and purpose of the activity of the State, which is organized to achieve, inter alia, of the legal security of their citizens.
II.-that is State obligation to guarantee the exercise of human rights and fundamental freedoms of the people of all the ages, mainly those belonging to vulnerable groups excluded from the effective exercise of such rights.
III.-that the identity and identification are fundamental rights for the development of people and are also indispensable for the exercise of other rights. Likewise, the lack of identity is a transgenerational problem that affects the person throughout their life cycle.
IV.-that the State's duty is to facilitate through procedures agile, simple and free, registration at the registry of the family state, all those older adults who in different circumstances have not been promptly settled.
Therefore, in use of his constitutional powers and at the initiative of Deputies and deputies Norma Fidelia Guevara de Ramirios, Alberto Armando Romero Rodríguez, Mario Antonio Ponce López, Jackeline Noemi Rivera Avalos, Nelson de Jesus Quintanilla Gómez, Mario Alberto Tenorio Guerrero, Julio César Fabián Pérez, Rene Alfredo Portillo block, Lorenzo Rivas Echeverría, Cristina Esmeralda López, Lucía de el Carmen Ayala de León , Rose Alma Cruz sailor, Norma Cristina Cornejo Amaya, Iris Marisol war Henriquez, Crissia Suhan Chávez García, Guadalupe Antonio Vásquez Martínez, martyr Arnoldo Marin Villanueva, Rodolfo Antonio Martinez and Susy Lisseth Bonilla flowers; and the former deputies Jose Dennis Cordova Elizondo, Ana Vilma Castro de Cabrera, Carmen Elena Figueroa Rodriguez and Norma Carolina Ramírez.
DECREES the following: transitional law to facilitate the settlement of birth of older adults.

2 object of the law article 1.-the present law is applicable to older adults, i.e. men and women of sixty years from now, born in the territory of El Salvador, that lack of seat's birth certificate for any reason; because they were never settled, or having it been, by effect of any incident or event birth certificates books were destroyed or have disappeared due to any cause.
Authorization of books special article 2.-for the purposes of this Act, the City Council of each departmental capital authorized by Municipal agreement, special record books as needed, to settle items of birth of older adults who lack that seat.
To the end the term for which is enabled such books, is must observe it established in them articles 49 and 51 of the law transient of the register of the State family and of them regimes heritage of the marriage, on the form of carry them books of registration and the index of them themselves.
Procedure for the settlement Art. 3.-it person adult greater interested, is will present before the record of the State family of the Mayor Municipal corresponding to the header departmental of the place of his domicile, in order request the settlement of its split of birth. In the application, must be given the place of birth according to which state the person concerned, who also will declare under oath his own name, sex, place, date in which occurred the birth; name and last name of his mother, of his father or of any of them, nationality and them others General necessary to sign the split of birth.
If the person interested not hearing it information relative to them others General of its mother or of his father, or of the number or class of document of identification of them same, this not will be obstacle so the recorder of the State family of pending to it request for the settlement of the split of birth respective.
It person interested will present two witnesses, older of age, that shall declare low oath before the Chief of the record of the State family, that known to the person interested, to who previously is les will read and will explain it established in them articles 362 and 364 of the code procedural Civil and commercial, and them violations criminal in that could incur by the falsehood of their statements.
During the five working days at the request of the settlement, the head of respective State family registry, will deliver office to the national registry of natural persons, and to the registry the State family of the mayoral Municipal manifest where the interested person, who within the period of 15 working days, inform by any medium physical or electronic, whether it exists or not being born birth certificate settlement.

3. from each made settlement, recorder or register of the State family, send certification to the Attorney General of the Republic and the Office of the Attorney-General.
Report from the national registry of natural persons and the register of the State family article 4.-in the event that reports be made include the non-existence of settlement of birth certificate, of State family registry Manager will proceed to make the requested settlement, with the data provided by the interested person, within a period of five working days of which a certification shall be issued free of charge, which will be delivered to him by any safe means.
If the report issued by the national registry of natural persons or the record of the family state, States that the applicant has birth certificate, the Registrar of the family state, seat you must declare without, by reasoned decision, the application of the settlement; in that resolution the found settlement data must relate.
Effect of lack of response article 5.-If the national registry of natural persons or the registration of the State family of the Mayor of the municipality of origin of the person concerned, not forwards the report by the deadline, officials will be creditors of a fine equivalent to a monthly minimum wage for the sector commerce and services , that must enter to the Fund general of the nation and is will order the remission immediate of those reports required.
Article 6.-household service in those cases in which this interested person a physical or sensory disability that prevents him from appearing is the registration of the respective State family, a family member or person that performs the tasks of care can request direct debit, for which the family status register Chief delegate to a member of his staff so that he come to the door and the procedure established in article 3 subparagraph first of this law.
Effects of seats Art. 7.-them seats of split of birth made of conformity with the present law, shall have them same effects that the inscriptions made by it via ordinary.
Nullity of the seat article 8.-the seats of birth certificates made in accordance with this law, may be declared invalid ex officio or at the request of the Attorney General of the Republic, Attorney General of the Republic or any person interested, if you see the falsity of the statement. The Declaration of nullity must be followed before the competent family judge.
Special cases of elderly adult person in households substitutes Art. 9.-in cases as the largest adult lacking settlement of 4 birth certificate resides in a foster home, the same manager or a family member may request the initiation of the procedure in the registry the State family of the City Hall Municipal of the header departmental where the home is located , in which case the respective application should be accompanied by documentation containing personal data that contained at the time of his admission and which are held by the management of the Centre.
For the realization of the seat's birth certificate in these cases, should be observed the provisions of subparagraphs first and second article 3 of this law.
Qualification of Art. 10 settlements.-settlements of births as a result of the application of this law, not be understood as late settlements and will not generate penalties.
Supplementary rules article 11.-everything that has not been expressly regulated in the present law applies supplementary provisions of the regulations which proves applicable.
Conclusion of the procedure at the end of validity of the law article 12.-the procedures which have been initiated during the term of this law, at the time in that it finish, are not finished, continue its processing according to this law, to terminate them.
Entry into force article 13.-the present law shall be effective from the date of its publication in the official journal, until 20 December of the year 2016.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the nine days of the month of July in the year two thousand and fifteen.
LORRAINE GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.

JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

5 WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: in compliance to it willing in the Art. 97 subsection third of the regulation inside of the Assembly legislative, is makes recorded that the present Decree was returned with comments by the President of the Republic, the 22 of July of the year 2015. In plenary on 13 August 2015, is ratified the text of the "law transient to facilitate the settlement of items of birth of las people adult higher" as was approved, in conformity to article 137 third paragraph of the Constitution of the Republic.
JORGE ALBERTO ESCOBAR BERNAL, SIXTH SECRETARY.
Presidential House: San Salvador, twenty-five days of the month of August two thousand and fifteen year.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Ramon Aristides Valencia Arana, Minister of the Interior and Territorial Development.
D. O. N ° 157 volume N ° 408 date: August 31, 2015.
JQ/HCP 23-09-2015 legislative index