Below is a general legal discussion on the topic of child surname reversion after abandonment in the Philippine context. This is not legal advice. For specific legal questions, please consult a licensed attorney or appropriate government agency.

1. Overview of Naming and Surnames in Philippine Law

General Rule
- In the Philippines, a person’s name is composed of a given name (first name) and a surname (last name).
- The rules for how a surname is acquired depend largely on the child’s legitimacy (i.e., whether born to married parents) or illegitimacy (i.e., whether born out of wedlock) as defined by law.
- Once a name is officially registered, any future change typically requires either:
  - A petition for a clerical or typographical correction under R.A. No. 9048 (as amended by R.A. No. 10172), which allows administrative correction or change of first name or nickname, or
  - A judicial petition for change of name under Rule 103 of the Rules of Court, if the requested change does not fall under the simpler administrative correction categories.
Legitimate and Illegitimate Children
- Legitimate children generally carry the father’s surname.
- Illegitimate children (under Article 176 of the Family Code, as amended by R.A. No. 9255) are usually required to carry the mother’s surname, unless the biological father acknowledges the child. If the father acknowledges or recognizes the child, the child may use the father’s surname upon the father’s authority or as indicated in the record of birth.
- A child’s legitimacy affects not only surname but also rights of inheritance, parental authority, and support.

2. Abandonment and Its Legal Implications

Definition of Abandonment
- In general terms, “abandonment” by a parent refers to a situation where the parent fails to support, communicate with, or care for the child over a significant period.
- Abandonment may be relevant in legal controversies over custody, support, and inheritance. However, there is no single, universal definition in Philippine law; rather, its meaning can vary depending on the specific statutory or jurisprudential context.
Consequences for the Father’s Rights and Duties
- A father who has abandoned a child can face legal consequences such as:
  - Loss or suspension of parental authority under certain conditions (Family Code, Articles 223–227).
  - Possible criminal liability for violation of R.A. No. 7610 or Article 277 of the Revised Penal Code (if the abandonment is coupled with willful neglect or refusal to provide support).
  - Denial of inheritance rights in extreme cases where the father commits acts that disqualify him from inheriting (though this is rare and fact-specific).
Does Abandonment Automatically Change a Child’s Surname?
- No. Abandonment alone does not automatically or administratively change the name of the child. Even if the father abandons the child, the surname in the official birth record remains the same unless it is changed through the proper legal processes.
- The child (through the mother, if a minor) must undertake the appropriate administrative or judicial proceedings if a reversion from the father’s surname to the mother’s surname is sought.

3. Legal Framework for Changing the Child’s Surname

3.1 Judicial Proceedings (Rule 103 of the Rules of Court)

When Judicial Change of Name Is Required
- A petition for change of name in court is used when the reason for the name change is not merely a clerical or typographical error or a simple correction covered under R.A. No. 9048 or R.A. No. 10172.
- Examples:
  - Changing a legitimate child’s surname from the father’s surname to the mother’s maiden surname due to father’s abandonment (which is typically deemed a substantial change).
  - Changing an illegitimate child’s surname from the father’s surname to the mother’s if recognition was previously recorded and now the child or mother wants to revert.
Grounds for Judicial Change of Name
- Philippine jurisprudence allows a name change if there are “proper and compelling reasons” (as stated in In re: Petition for Change of Name of Julian Lin Carulasan (2017) and numerous other Supreme Court cases).
- While abandonment can be a factor to demonstrate “proper and compelling reason,” the court will still balance other considerations such as the best interest of the child, possible confusion or harm to the child, and the reasonableness of the request.
Procedure
- Filing a Petition in the Regional Trial Court (RTC) where the child (or parent) resides.
- Publication of the petition in a newspaper of general circulation.
- Opposition from any interested party (including, potentially, the father).
- Hearing: The court will determine if the change is justified.
- If granted, the court will issue an Order directing the Local Civil Registrar to annotate or change the child’s surname in the birth certificate and other records.

3.2 Administrative Correction (R.A. No. 9048 & R.A. No. 10172)

Scope and Limitations
- R.A. No. 9048 (as amended by R.A. No. 10172) allows the Local Civil Registrar or the Consul General (for those abroad) to administratively correct clerical errors and change the first name or nickname under certain conditions—without a court order.
- This law does not cover the change of surname in situations that are considered substantial (e.g., reverting from the father’s surname to the mother’s surname), unless the birth record was clearly erroneous or incomplete in some typographical sense.
When Administrative Process May Apply
- Typically limited to minor changes such as misspellings or obvious typographical errors in the first name, or corrections of day/month in birthdate if it does not affect age or resulting identity issues.
- Surname reversion due to abandonment is not generally considered a clerical or typographical issue, so it usually does not fall under R.A. 9048. Judicial proceedings are normally required.

4. Factors Considered by Courts in Approving Surname Reversion

Child’s Best Interest
- The guiding principle in Philippine family law is the best interest of the child. If reverting to the mother’s surname is shown to be in the child’s best interest (e.g., to avoid emotional distress or confusion due to an absentee father), courts may be inclined to grant the petition.
Evidence of Abandonment
- Evidence of the father’s abandonment can be used to justify that continued use of his surname is no longer beneficial or is actually detrimental to the child.
- However, the court may require proof of consistent lack of support, communication, or presence, as well as any relevant protective orders, prior civil or criminal cases for non-support, or affidavits from relatives and neighbors.
Potential Rights and Obligations
- Courts consider whether the name change might adversely affect the father’s existing or potential rights or obligations (e.g., inheritance, child support). However, a surname change does not necessarily terminate the father’s obligation of support or parental authority if it legally still exists. A name change is typically a separate issue from parental authority or support.
Age of the Child
- If the child is old enough to express a preference, the court might consider the child’s wishes.
- If the child is still a minor, the mother or guardian typically files on the child’s behalf.

5. Practical Considerations

Consult a Lawyer
- Because the reversion of surname in a case involving abandonment can be complex and typically requires a judicial petition, you should consult an attorney. A lawyer can help:
  - Gather necessary evidence (affidavits, records of non-support, etc.)
  - Draft and file the petition in the appropriate venue
  - Represent the child’s interest in court
Gather Evidence of Abandonment
- For a compelling case, prepare documents that establish the father’s abandonment—such as proof of failure to provide financial support (e.g., no remittance records, sworn affidavits from witnesses, relevant communication attempts, etc.). This evidence strengthens the argument that keeping the father’s surname harms the child’s interest.
Timelines and Costs
- Judicial proceedings for a change of name may take time, especially because of the required notice and publication (Rule 103).
- Costs can include:
  - Filing fees
  - Publication fees
  - Attorney’s fees
  - Court fees for issuance of a final order
Effects on Child’s Birth Certificate and Other Documents
- Once a final order is issued granting the surname change, the Local Civil Registrar will annotate or issue a corrected birth certificate with the new surname.
- For government documents (such as passports, school records, SSS, PhilHealth, etc.), the child or mother will need to present the court order and amended birth certificate to update these records.
Impact on Succession and Support
- Changing the surname does not automatically affect the child’s right to inherit from the father (if the child is legitimate or properly acknowledged) or the father’s obligation to support. Those rights and obligations under family law remain, unless separately renounced, challenged, or forfeited under specific legal grounds.
- However, practically speaking, an absentee father may continue non-support even without a surname change. Legal enforcement for child support may be pursued through other court actions (e.g., petition for support, or criminal complaint under RA 9262 for economic abuse, if appropriate).

6. Jurisprudence and Statutory References

Family Code of the Philippines
- Articles 171–182 on legitimacy of children.
- Articles 223–227 on suspension or termination of parental authority.
- Article 176 (as amended by RA 9255) on the surname of illegitimate children.
Civil Code of the Philippines
- Provisions relating to surnames prior to the effectivity of the Family Code may still apply to older cases but have mostly been superseded by the Family Code regarding family relations.
Republic Act Nos. 9048 and 10172
- Governing administrative correction of clerical errors, changes of first name or nickname, and correction of certain details.
Rule 103 of the Rules of Court
- Governs judicial petitions for change of name.
- Requires publication, hearing, and issuance of a court order.
Case Law
- Various Supreme Court decisions emphasize “proper and compelling reasons” and best interest of the child as decisive factors.
- Courts generally require strong proof of harm or compelling justification before deviating from the standard rule of using the father’s surname for legitimate children or the recognized father’s surname for acknowledged illegitimate children.

7. Summary

Abandonment alone does not automatically change a child’s surname in the Philippines.
If a child has been using the father’s surname and the father has abandoned the child, the mother (or guardian) may opt to petition the court to revert the child’s surname to the mother’s maiden name (or revert to the mother’s surname if the child was originally illegitimate but acknowledged by the father).
The court will carefully weigh best interest considerations, including emotional well-being, clarity of identity, and evidence of abandonment.
An administrative remedy (under RA 9048 and RA 10172) generally does not apply to substantial surname changes unless the matter is a clear clerical or typographical error.
If successful, the name change petition results in a court order directing the Local Civil Registrar to amend the birth record, enabling the child to adopt the new (in this case, maternal) surname.

Disclaimer

This discussion is provided for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For specific questions and guidance, consult a licensed Philippine attorney or your local civil registrar.