In the Philippines, it is a common social practice for children to grow up using their stepfather’s surname to foster a sense of belonging within a blended family. However, when it comes to official documents—such as passports, board exams, or inheritance—the Philippine Statistics Authority (PSA) records remain the ultimate legal authority.
If your birth certificate bears your biological father’s surname (or your mother’s maiden name) but you have been using your stepfather’s name on all your school and employment records, you are facing a discrepancy that must be legally addressed.
1. Understanding the Legal Framework
Under Philippine law, specifically the Family Code and Republic Act No. 9255, a child’s surname is determined by their filiation (biological relationship).
- Legitimate Children: Must use the father's surname.
- Illegitimate Children: Generally use the mother's surname, unless the father has formally recognized the child (via the Affidavit of Admission of Paternity), in which case they may use the father's surname.
Using a stepfather’s surname without a formal Legal Adoption is considered "informal" and has no standing in the PSA. You cannot simply "correct" a birth certificate to match your school records if there is no legal link to the stepfather.
2. Identifying Your Scenario
To fix the records, you must first identify which "truth" you want to establish.
Scenario A: You want to revert to your Legal Name (PSA Name)
If you want to stop using your stepfather's name and align your life documents with your birth certificate:
- File for Correction of School/Employment Records: You must petition the schools or offices where you used the "wrong" name to update their records based on your PSA Birth Certificate.
- Affidavit of Discrepancy: You may need to execute an Affidavit of One and the Same Person to explain that "Juan dela Cruz" (school records) and "Juan Ramos" (PSA) are the same individual.
Scenario B: You want to keep your Stepfather’s Surname
If you want your PSA birth certificate to change to your stepfather's surname, there is only one legal route: Legal Adoption.
- A stepfather must undergo a judicial process to adopt you.
- Once the court grants the adoption, a new birth certificate will be issued by the PSA where your stepfather is listed as your legal father, and his surname becomes yours.
3. The Role of Republic Act No. 9048 and 10172
Many people hope to use RA 9048 (Clerical Error Law) to change their surname at the Local Civil Registrar (LCR) without going to court.
Important Note: You cannot use RA 9048 to change your surname from your biological father to your stepfather. RA 9048 is strictly for correcting typographical errors (e.g., "Smyth" to "Smith"). Changing a surname to a completely different family name involves a change in status or filiation, which requires a court order.
4. Step-by-Step Process for Reverting to Legal Name
If you have decided to align your records with your PSA birth certificate (the most common and affordable route), follow these steps:
- Secure an Authentic PSA Birth Certificate: Get a fresh copy to confirm what is actually written.
- Request for Correction of School Records: * For elementary/high school: Approach the school registrar.
- For college: You may need a "Correction of Name" from the Commission on Higher Education (CHED).
- Update Government IDs: Use your PSA Birth Certificate to apply for a Philippine Passport or UMID. These agencies strictly follow the PSA.
- Execute an Affidavit of One and the Same Person: This is a notarized document where two disinterested persons (witnesses) swear that the two names refer to the same person. This is often required by the SSS, GSIS, or banks.
5. Summary of Options
| Goal | Required Action | Legal Basis |
|---|---|---|
| Keep Stepfather's Name | Petition for Adoption | Court Proceedings |
| Revert to Biological Father's Name | Update School/Govt Records | PSA Birth Certificate |
| Fix Typo in PSA Surname | Administrative Petition | RA 9048 (LCR Office) |
Conclusion
In the Philippines, "usage" does not create a "legal right" to a name. No matter how many years you have used your stepfather's surname, the PSA record remains the baseline. If you are not legally adopted, you must begin the process of reverting your other documents to match your birth certificate to avoid future complications in travel, marriage, or retirement.
Would you like me to draft a template for an "Affidavit of One and the Same Person" to help with your record updates?