Introduction

In the Philippine legal system, the surname of a child is a fundamental aspect of civil status, reflecting filiation and family ties. For illegitimate children—those born outside of wedlock—the default rule has historically been to use the mother's surname, as enshrined in the Family Code. Republic Act No. 9255 (RA 9255), enacted in 2004, introduced flexibility by allowing illegitimate children to use their father's surname under certain conditions, but it preserved the mother's surname as the primary option. This provision addresses social stigma, parental rights, and the child's best interest, balancing tradition with evolving family dynamics.

RA 9255 amends Article 176 of the Family Code (Executive Order No. 209), shifting from a rigid maternal surname rule to one that permits paternal surname use upon acknowledgment. However, the use of the mother's surname remains the default and is often preferred in cases of non-acknowledgment or to protect the child's welfare. This article explores all facets of this topic, including legal foundations, procedural requirements, implications, challenges, and related scenarios, within the Philippine context. It underscores the importance of proper registration to avoid future legal complications in inheritance, education, travel, and identity verification.

Legal Basis

The framework for an illegitimate child's surname is governed by key statutes emphasizing maternal priority while allowing paternal options:

Family Code of the Philippines (Executive Order No. 209, as amended by RA 9255): Article 176, post-amendment, states: "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." This establishes the mother's surname as the default, with paternal use conditional on acknowledgment.
Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father): Enacted on February 24, 2004, this law amends Article 176 to remove the absolute restriction on paternal surnames for illegitimate children. It promotes equality and reduces discrimination but does not mandate paternal surname use; the mother's surname prevails absent acknowledgment. The Implementing Rules and Regulations (IRR) issued by the National Statistics Office (now Philippine Statistics Authority or PSA) in 2004 clarify administrative processes.
Civil Code of the Philippines (Republic Act No. 386): Articles 364-366 define legitimate and illegitimate filiation. Illegitimate children are those not conceived or born during a valid marriage, and their surname defaults to the mother's under traditional rules.
Republic Act No. 9048 (as amended by RA 10172): Allows administrative corrections in civil registry documents, including surname changes or annotations for illegitimate children opting for the father's surname, without court intervention for clerical errors.
Other Relevant Laws: The Child and Youth Welfare Code (Presidential Decree No. 603) prioritizes the child's best interest. International conventions like the UN Convention on the Rights of the Child (ratified by the Philippines) influence interpretations, emphasizing non-discrimination. For Muslims, the Code of Muslim Personal Laws (PD 1083) may apply differently in autonomous regions.

The default use of the mother's surname protects the child from unacknowledged paternity claims and aligns with matrilineal aspects of Philippine culture, while RA 9255 provides an opt-in mechanism for paternal recognition.

Default Rule: Use of Mother's Surname

For illegitimate children, the surname of the mother is automatically assigned at birth registration unless the father acknowledges filiation. This rule applies in scenarios such as:

Non-Acknowledgment by Father: If the father does not sign the birth certificate or provide a public/private acknowledgment, the child uses the mother's surname exclusively. This is common in informal relationships or when paternity is disputed.
Birth Registration Process: Under the Civil Registry Law (Act No. 3753), the birth certificate (Certificate of Live Birth or COLB) is filed with the Local Civil Registrar (LCR) within 30 days. The mother's surname is entered by default for illegitimate births. If the mother is unmarried, the child's middle name is her maiden surname, and the last name is also hers.
Parental Authority and Support: The mother holds sole parental authority (Article 176), including decisions on the child's name. She can choose not to pursue paternal acknowledgment, maintaining her surname for the child.

This default safeguards the child's identity and prevents fraudulent claims, but it may perpetuate stigma if the child later seeks paternal ties.

Option to Use Father's Surname Under RA 9255

While the topic focuses on the mother's surname, RA 9255's amendment introduces the alternative:

Conditions for Paternal Surname Use: Requires express recognition by the father via:
- Signature on the birth certificate at registration.
- Admission in a public document (e.g., notarized affidavit) or private handwritten instrument (e.g., letter).
Procedure: File an Affidavit to Use the Surname of the Father (AUSF) with the LCR or PSA. For belated acknowledgment, annotate the birth certificate under RA 9048/10172.
Reversion: If paternal use is granted but later contested (e.g., via DNA proving non-filiation), the child may revert to the mother's surname through court action.

However, if these conditions are not met, the mother's surname remains in effect.

Procedural Steps for Maintaining or Confirming Mother's Surname

In cases where the mother's surname is used or preferred:

Birth Registration:
- Mother or informant submits COLB to LCR, indicating illegitimate status.
- Child's name: First name (chosen by mother), middle name (mother's surname), last name (mother's surname).
Issuance of Birth Certificate:
- LCR registers and forwards to PSA. Obtain PSA-certified copy for official use.
Annotation if Needed:
- If errors occur (e.g., incorrect surname), petition LCR under RA 9048 for correction. Fees: PHP 1,000-3,000.
Late Registration:
- If birth unregistered, file with LCR using Affidavit of Delayed Registration. Mother's surname defaults.
Name Change Later in Life:
- Adult illegitimate children can petition court for surname change under Rule 103 of the Rules of Court if substantial reasons exist (e.g., adoption, legitimation).

No specific procedure is needed to "use" the mother's surname, as it is automatic.

Implications and Rights

Inheritance and Legitime: Illegitimate children using the mother's surname still inherit from both parents if filiation is proven (one-half legitime of legitimate children).
Support and Custody: Mother provides primary support; father liable if acknowledged, regardless of surname.
Travel and Documentation: Birth certificate with mother's surname suffices for passports, school enrollment, etc. Discrepancies require annotation.
Psychosocial Aspects: Using the mother's surname may reduce bullying but could affect paternal bonding. RA 9255 aims to destigmatize illegitimacy.
Legitimation: If parents marry later, the child becomes legitimate and uses the father's surname automatically (Article 177-178, Family Code).

Challenges and Common Issues

Paternity Disputes: Fathers may refuse acknowledgment, forcing maternal surname use. Mothers can seek court-ordered DNA tests under Supreme Court rules.
Administrative Delays: PSA processing takes 1-6 months; fees and requirements burden low-income families.
Cultural Stigma: Despite RA 9255, societal views may pressure use of father's surname for "completeness."
Overseas Filipinos: Register births with Philippine Consulate; same rules apply.
Adoption: Adopted illegitimate children take adoptive parents' surname under RA 8552.
Gender Considerations: The law is gender-neutral in theory, but practically favors mothers due to parental authority.

Special Scenarios

Rape or Incest Cases: Child uses mother's surname; paternal acknowledgment barred if convicted.
Artificial Insemination: If unmarried, child is illegitimate and uses mother's surname.
Abandoned Children: Foundlings use assigned names, often maternal if mother identified later.
Transgender Parents: Surname follows legal sex at birth, but evolving jurisprudence may adapt.
Muslim Filipinos: Under PD 1083, illegitimate children may follow Islamic rules, potentially differing.

Conclusion

The use of the mother's surname for illegitimate children under RA 9255 remains the cornerstone of Philippine family law, providing stability and protection while allowing paternal options through acknowledgment. This default rule upholds maternal rights and the child's welfare, reflecting a balance between tradition and reform. Parents should ensure timely registration and seek legal advice for acknowledgments or changes to prevent issues. As societal norms evolve, further amendments may enhance flexibility, but current provisions emphasize documentation and the best interest of the child.