Recognition allows offspring use of father’s surname
"My daughter is using my surname because when she was born, there was no law yet which allows illegitimate children to use the surname of their father. Can my daughter now use the surname of his father even if she was born before the law allowing it was enacted? Her father recognized her by signing her birth certificate.
Before the advent of Republic Act (RA) No. 9255 entitled “An Act Allowing Illegitimate Children to Use the Surname of their Father” (AUSF), illegitimate children were allowed to use only the surname of their mother. However, with the enactment of this law, an illegitimate child may use the surname of their father if their filiation has been expressly recognized by the father. Section 1 thereof provides:“Section 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:
‘Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.’”The application of this law is not limited to those who are born after RA No. 9255 took effect. Rule 11 of Administrative Order No. 1, Series of 2004 or the Rules and Regulations Governing the Implementation of RA No. 9255 provides for its retroactive application for all births occurring within and outside the Philippines. Moreover, Rule 1 thereof specifically provides for the coverage of this law, to wit:
“Rule 1. Coverage1.1 These rules shall apply to all illegitimate children born before or after the effectivity of RA 9255. This includes:1.1.1 Unregistered births1.1.2 Registered births where the illegitimate children use the surname of the mother.”
Based on the foregoing, since your daughter was expressly recognized by his father by signing her birth certificate, she will be allowed to use the surname of his father even if she was born before the effectivity of RA No. 9255. To be able to do so, you need to submit a copy of AUSF (Rule 7.2.1) to the Local Civil Registrar of the place where the birth certificate of your child was registered (Rule 4). If the Local Civil Registrar finds your request meritorious, the following annotation shall be made in your child’s Certificate of Live Birth and the Register of Birth:“The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255” (Rule 8.2.1).We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org."
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"Recognition allows offspring use of father’s surname"
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and updated on 15 September 2021