An illegitimate child (born outside of a valid wedlock), prior to the enactment of the new law, may only use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname (Article 176 of the Family Code). This provision, however, was subsequently amended.
Illegitimate children can now use their father’s surname. Republic Act No. 9255, also known as “An Act Allowing Illegitimate Children to Use the Surname of their Father”, intends to remove (or diminish) the shame and stigma which accompanies illegitimacy. Do not confuse R.A. 9255 with R.A. 9225, which relates to dual citizenship (click here). The benefit applies to everyone, whether born before or after the effectivity of the law, and includes registered and unregistered births.
The new law took effect on March 19, 2004 – which was less than year after the Supreme Court upheld the denial of an illegitimate child’s request to use the surname of her father. In that 2003 case, the Supreme Court applied the old law (Article 176 of the Family Code), noting that where there’s no right, there is no remedy. By the way, the original Article 176 reads:
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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
For the Implementing Rules and Regulations of R.A. 9255, click here. For the guidelines/procedure on the new law, please proceed to the great site of the National Statistics Office (NSO). Click here or here.
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Atty,
Good day! Yong tatay po ksi ng anak ko hindi na po nagsustento 2 mos na, andito po ako sa amerika ngaun, 2 months ago lang. tnong ko lang po paano ko po sya makasuhan? o puede ko po ba gawing grounds aNg hindi nya pagsustento para papalitan ko na po ng apelyido ang anak ko? hindi po kami kasal pero nagsama po kami 4 na tao, at acknowledge nya po ung bata at pati BC? what should i do?
No need. An illegitimate child may carry the surname as well as the middle name of the biological mother.
Read the case of IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
ako po ay may problema panbo po b magkakaroon ng national ang ank kosiya po ay born in kawasaki japan wla po syang national pumunta po ako s japan embasy ang sbi po kumuha daw po ng pasport tapos mag agentcy po ako wla nmn po akong perra pra ipalakad po patay n po ang kanyang papa s japan d nga po kmi nakapagkasal gawa po may skit po sya s puso at biglaan ang kanyang pagkamatay d po nmin naayos ang kanyang b cert ng bata sana po atty matuklungan po nyo ako pano ko magagawa ng national ang anak ko nsa akin po ang cert galing japan
Good afternoon, atty.
I would just like to ask for a professional advise. I’m a 27-year-old illegitimate daughter of a Japanese man and a Filipina woman. I was recognized by my father and was able to bear his surname. However, I just noticed that there was an error on my birth certificate wherein the citizenship of my father is stated as Filipino instead of Japanese. I was born in the Philippines but would like to acquire a dual citizenship (Filipino and Japanese). Is there any way I can have the entry on my birth certificate corrected? If yes, what are the steps that I need to take and the requirements I have to fulfill? I would like to add that my father’s whereupon is currently unknown to us since my parents separated when I was 13 and he stopped communicating with us from that time. I hope you can help me with this. I would greatly appreciate any advice you can offer. Thank you very much.