Introduction

The issue of an illegitimate child’s surname in the Philippines has long been guided by both statutory law and evolving jurisprudence. The central legislative authorities on the matter are Republic Act No. 9255 (RA 9255) and Republic Act No. 11570 (RA 11570), which amend provisions of the Family Code and prior civil registry rules. These laws determine when and how an illegitimate child may use the surname of the father and outline the legal implications of such use.

Legal Background Before RA 9255

Before the enactment of RA 9255 in 2004, the rule under Article 176 of the Family Code was absolute:

“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.”

Under this rule, an illegitimate child automatically bore the mother’s surname, regardless of acknowledgment by the father. Even when the father recognized the child, the law barred the use of the father’s surname unless the child was legitimated through the subsequent marriage of the parents.

Republic Act No. 9255 (2004): Allowing the Use of the Father’s Surname

Purpose and Spirit

RA 9255, signed into law on February 24, 2004, amended Article 176 of the Family Code. Its intent was to grant illegitimate children the right to use their father’s surname provided certain conditions are met. This law did not confer legitimacy, but sought to reduce the stigma historically attached to illegitimacy.

The Amended Article 176

After RA 9255, Article 176 of the Family Code reads:

“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.”

Key Requirements for Using the Father’s Surname

The Department of Justice and the Office of the Civil Registrar General (OCRG) issued Administrative Order No. 1, Series of 2004 to implement RA 9255. The following conditions must be met:

Proof of Acknowledgment The father must have expressly recognized the child by:
- Signing the Certificate of Live Birth; or
- Executing an Affidavit of Acknowledgment/Admission of Paternity; or
- Signing a public or private handwritten instrument expressly recognizing filiation.
Affidavit to Use the Surname of the Father (AUSF) The mother or, in certain cases, the child (if of legal age) must execute an AUSF, filed with the Local Civil Registrar (LCR) where the birth is registered.
Civil Registry Annotation The child’s birth record will be annotated to reflect the authority to use the father’s surname.
Voluntariness The use of the father’s surname is not automatic—it is a right that must be exercised through proper procedure.

Republic Act No. 11570 (2021): Expanding the Right and Clarifying Procedures

Overview

RA 11570, enacted on July 23, 2021, further amended RA 9255 to make the process of surname use more accessible and less discretionary. It codified the child’s right to use the father’s surname once recognition is established, removing administrative ambiguity.

Key Features

Affirmative Right to Use Father’s Surname The law states that once filiation is established, the child “shall have the right to use the surname of the father as a matter of right.” This means civil registrars no longer have discretion to deny such use when legal recognition is present.
No Need for Judicial Order The law explicitly removes the need for a court order to authorize the use of the father’s surname, streamlining the process through the civil registrar.
Mother’s Consent Not Always Required While the mother traditionally executes the AUSF on behalf of a minor, RA 11570 recognizes that the child, upon reaching the age of majority, can independently elect to use the father’s surname.
Administrative and Judicial Remedies Any disputes or denials by the civil registrar may be appealed to the Civil Registrar General, and further to the courts if necessary.

Jurisprudence and Interpretations

1. Grande v. Court of Appeals (G.R. No. 206248, February 18, 2014)

This case clarified that using the father’s surname does not change the child’s status from illegitimate to legitimate. It is merely an acknowledgment of paternal filiation, not legitimation.

2. Alanis III v. Court of Appeals (G.R. No. 138761, November 29, 2000)

Though decided before RA 9255, this case was pivotal in framing the evolving recognition of paternal rights and the child’s identity. It paved the way for legislative change by highlighting the equal protection aspect.

3. Ciriaco v. Ciriaco (G.R. No. 196573, 2016)

This case reaffirmed that an illegitimate child’s use of the father’s surname does not confer inheritance rights beyond those already accorded by the Civil Code to illegitimate children.

Practical Procedures at the Local Civil Registrar

For Minors

The mother executes an Affidavit to Use the Surname of the Father (AUSF).
Submit supporting documents:
- Birth certificate of the child
- Father’s acknowledgment (as stated above)
- Valid identification documents
The LCR annotates the birth certificate and forwards it to the PSA for updating.

For Adults (18 years old and above)

The child executes the AUSF personally, even without the mother’s participation, provided filiation is established.

Legal Effects of Using the Father’s Surname

No Change in Status: The child remains illegitimate, even after using the father’s surname.
No Inheritance Enhancement: Successional rights remain governed by Articles 887 and 895 of the Civil Code.
Parental Authority: Remains with the mother, unless otherwise judicially transferred.
Administrative Convenience: Enables the child to bear the paternal surname in school, employment, and public records, reflecting paternal recognition.

Conclusion

The laws governing the surname of illegitimate children in the Philippines—RA 9255 and RA 11570—reflect a significant shift toward recognizing the rights and dignity of children born outside wedlock. While such use of the father’s surname does not change the legal status of the child, it affirms the principle of equal recognition and identity.

Through these laws, the Philippines has evolved toward a more compassionate and rights-based approach to family law, ensuring that the child’s name—and the story it tells—is no longer a mark of stigma, but of acknowledgment and belonging.