Confusion in illegitimate child’s surname

Confusion in illegitimate child’s surname "My cousin is an illegitimate child of her mother. Our family had been taking care of her since her mother died when she has only 2 years old. Her father already left them even before her mother died. She has been using the surname of her mother since birth. When we enrolled her for Grade I, her school required the submission of her birth certificate. We found out that her surname in the birth certificate is the surname of her father since the latter signed her birth certificate. In the turn of events, we would like to know the proper surname which my cousin would use in her school? JoyDear Joy, Under Article 176 of the Family Code, an illegitimate child shall use the surname of his mother. However, if the said child had been acknowledged by the father in the birth certificate, the child may use the surname of the latter. If the birth was not yet registered, the child may still use the surname of his father provided that the latter would acknowledge the former as his by signing the child’s late registration of birth. On the other hand, if the child was registered in the name of the mother, the same can only use the surname of the father upon submission of a public document or private handwritten instrument declaring the admission of paternity (Republic Act 9255, entitled “An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the purpose Article 176 of Executive Order No. 209, Otherwise known as the Family Code of the Philippines”).In the case of your cousin, his father has signed her birth certificate as proof of acknowledgement as illegitimate child. Hence, the surname written in the birth certificate is that of her father. However, it appears that your cousin has been using her mother’s surname, maybe, because her father left them. Since your cousin carries the surname of her father in her birth certificate, we suggest that she should start using that surname in school. This could help her avoid any problem in the future, such as application for Board or Bar examination, passport and other government issued ID, or even employment abroad. You cannot apply for the change of name on the ground that her father has abandoned her and her mother in order to amend the surname to her mother’s. This is because such a petition may be denied since the said ground could not be considered as “reasonable”. Under Section 5, Rule 104 of the Rules of Court, the court shall, if proper and reasonable cause appears for changing the name, adjudge that such name be changed. In resolving a petition for change of name of a child, the court shall always consider the best interest of such child. The term best interests of a child refers to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor encouraging to his physical, psychological, and emotional development (Section 14, Rule on Custody of Minors and Writ of Habeas Corpus of Minors). The use of the father’s surname would promote the best interest of your cousin since she will be able to enjoy the rights of an acknowledged illegitimate child. We wish to remind you that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/