How to Correct a Father’s Surname on a Philippine Birth Certificate

(Updated 25 April 2025)

1. Identify what “correction” you really need

Scenario	Typical remedy
Clearly misspelled but recognisable surname (e.g., Garcia → Garica)	Administrative petition for clerical or typographical error under R.A. 9048 (as amended by R.A. 10172)
Father’s surname totally blank / child using mother’s surname because parents are unmarried	R.A. 9255 procedure (Affidavit to Use the Surname of the Father, “AUSF”) or court petition if the father will not co-operate
Child wants to change from mother’s to father’s surname after parents marry	Legitimation under the Family Code or R.A. 9858 (for parents below marrying age when child was born)
Surname change intertwined with adoption, naturalization, or other status issues	Judicial correction under Rule 108 (or Rule 103 for a full “change of name”)

Why it matters: R.A. 9048/10172 let civil registrars fix only minor mistakes. Anything that touches the child’s filiation or civil status is considered substantial and must go through R.A. 9255 or the courts. citeturn0search4turn1search4

2. Legal foundations you should know

Civil Code Arts. 407-412 – mandate judicial order for corrections unless a later law says otherwise.
R.A. 9048 (2001) – first law allowing administrative correction of clerical errors and change of first name. citeturn1search0
R.A. 10172 (2012) – added day/month of birth and sex to the list of clerical items a registrar may fix. citeturn3search4
R.A. 9255 (2004) – lets an illegitimate child use the father’s surname if paternity is acknowledged and an AUSF is filed. citeturn2search4
R.A. 9858 (2009) – legitimation of children born to parents below marrying age.
Rules 103 & 108 of the Rules of Court – govern judicial change of name and cancellation/correction of civil-registry entries. citeturn0search5
Key Supreme Court guidance: substantial changes (e.g., adding a father who was never acknowledged) must be adversarial Rule 108 cases. citeturn1search3turn1search4

3. Administrative route under R.A. 9048/10172 (for simple misspellings)

Who may file: the registrant (if 18+), parent, guardian, or spouse.
Where: Local Civil Registry Office (LCRO) of the city/municipality where the birth was recorded, or the nearest Philippine Consulate if abroad.
Documents
- PSA-issued birth certificate (latest copy).
- Supporting IDs and at least two public or private documents showing the correct surname (school records, baptismal certificate, passport, etc.).
- Notarised petition on the PSA-LCRO form.
Posting requirement: LCRO posts the petition for 10 consecutive days.
Decision time-frame: civil registrar acts within 5 working days after posting; the Civil Registrar-General (CRG) has 10 working days to affirm or object. citeturn1search0
Fees: Php 1,000 in Metro Manila / Php 3,000 overseas, plus documentary-stamp and certification fees (check your LCRO—rates vary).
PSA result: Wait 4-6 months for a “₱annotated” copy to reach the PSA database; follow up through SECPA copy.

Tip: Bring originals and photocopies of every document and ask for a certificate of posting in case you need judicial recourse later.

4. Using the father’s surname under R.A. 9255

(illegitimate child, father’s surname blank or child using mother’s surname)

Child’s age at filing	Who executes the AUSF	Extra requirement
0-6 years	Mother (even if parents already co-habit)	Father must sign an Affidavit of Admission of Paternity (AAP) or provide a Personal Hand-written Instrument (PHI)
7-17 years	Child signs AUSF, mother signs Sworn Attestation	Same AAP/PHI from father
18+	Child signs AUSF	AAP/PHI still needed

File the AAP/PHI and AUSF with the LCRO where the birth is recorded (or PSA-accredited consul). citeturn2search6
Pay about Php 2,000 in fees.
LCRO issues an annotated birth certificate and forwards it to the PSA; turnaround 3-4 months.
If the father is unavailable or refuses, the remedy is a Rule 108 petition to compel recognition. citeturn2search1turn0search3

5. Judicial correction under Rule 108

Use this when:

The surname error is not clerical (e.g., totally different surname, adding or deleting the father’s name).
The LCRO/CRG denies your R.A. 9048 petition.
The father’s surname is contested, or multiple heirs/claimants exist.

Steps

Verified petition filed in the Regional Trial Court (RTC) of the province/city where the LCRO is located.
Parties: Civil Registrar, PSA, the father or his heirs, and any person with a legal interest must be impleaded and served summons.
Publication: Order is published once a week for 3 consecutive weeks in a newspaper of general circulation.
Hearing: Present documentary evidence and, when filiation is in dispute, DNA/other proof of paternity.
Decision & annotation: Once final, the clerk of court transmits the order to the LCRO and PSA for annotation. Expect 6-18 months from filing to annotated PSA copy (longer if appealed).

Cost guide (Metro Manila): docket fee ~Php 4,000; publication Php 8-15 k; counsel’s fees vary widely.

6. Legitimation and other status-changing routes

If the parents later marry each other (and no legal impediment existed at the time of birth), the child is legitimated by operation of law and automatically bears the father’s surname. File a Petition for Legitimation with the LCRO, attach the marriage certificate, and pay the Php 1,000 LCRO fee; PSA issuance is typically faster (2-3 months). Legitimation gives the child all rights of a legitimate child, unlike R.A. 9255 which changes only the surname. citeturn0search1

Other routes affecting the surname:

Adoption – new birth record issued under the Domestic Administrative Adoption Act (R.A. 11642, 2022).
R.A. 11222 (Simulated Birth Rectification) – for those who have an SBRA decision.
Naturalization / reacquisition of citizenship – may require subsequent Rule 108 annotation if surname is affected.

7. Timelines & practical checklist

Task	Earliest finish	Real-world average*
R.A. 9048 typo petition	1½ months	4-6 months
R.A. 9255 AUSF	1 month	3-4 months
Rule 108 court case (uncontested)	6 months	12-18 months
Legitimation petition	1 month	2-3 months

*Assumes documents complete and no opposition; holidays & PSA backlogs can extend all periods.

8. Common pitfalls and how to avoid them

Wrong remedy chosen – LCRO will dismiss an R.A. 9048 petition if the error is substantial, wasting time and fees.
Incomplete documentary trail – make sure at least two early-dated records show the correct surname.
Father’s middle name also misspelled – correct both errors in one petition to avoid double fees.
Publication mistakes in Rule 108 – choose a newspaper actually circulating in your province; courts reject defective publication.
Out-of-date PSA copy – always secure a fresh SECPA before filing; annotated versions are keyed to the latest copy.

9. Where to get official forms & help

PSA Civil Registry Service: psa.gov.ph (look under Problems & Solutions).
LCRO head offices: list and contact numbers are on the PSA site.
AUSF & AAP forms: downloadable from Philippine embassies’ websites (e.g., Singapore, Washington DC, Toronto). citeturn2search0turn2search2turn2search3
Free legal aid: Integrated Bar of the Philippines (IBP) chapters; Public Attorney’s Office (if income below threshold).

Key take-aways

Spell-check first: If only a typo, R.A. 9048/10172 is the fastest and cheapest fix.
Illegitimate child? Use R.A. 9255 (AUSF) only when the father’s paternity is admitted.
No cooperation or bigger changes? Be ready for a Rule 108 court petition.
Keep every original document and insist on a freshly annotated PSA copy once the process is complete; many schools and embassies reject outdated certificates.

With the right procedure and complete paperwork, correcting or adopting the father’s surname in a Philippine birth certificate is straightforward—just be sure you are using the remedy that matches the kind of “error” the law recognizes.