In the Philippines, the surname a child carries is governed by the Family Code, the Civil Code, and significant landmark rulings by the Supreme Court. Whether a child can use the mother’s surname depends primarily on the child's legitimacy status and the father’s recognition of paternity.
1. Legitimate Children
Under Article 174 of the Family Code, legitimate children have the right to bear the surnames of the father and the mother. Traditionally, this has been interpreted as the father’s surname being the primary surname, while the mother’s surname serves as the middle name.
The Landmark Ruling: Alanis III v. Court of Appeals (2021)
A significant shift occurred with the Supreme Court ruling in Alanis III v. Court of Appeals. The Court clarified that a legitimate child can choose to use the mother’s surname as their primary surname.
- The Principle: The Court ruled that the law states legitimate children "shall principally use the surname of the father," but "principally" does not mean "exclusively."
- Gender Equality: Forcing a child to use the father's surname even when they prefer the mother's (e.g., due to abandonment or closer ties) is considered discriminatory and inconsistent with the constitutional mandate of gender equality.
2. Illegitimate Children
The rules for illegitimate children have evolved through legislative amendments, specifically Republic Act No. 9255, which amended Article 176 of the Family Code.
Case A: Unrecognized by the Father
If the father has not formally recognized the child (no signature on the Birth Certificate or no separate legal admission of paternity):
- The child must use the surname of the mother.
- The father's name will be left blank on the birth certificate.
Case B: Recognized by the Father
If the father recognizes the child, the child may use the father's surname. However:
- The Mother's Prerogative: The Supreme Court (e.g., Grande v. Antonio) has ruled that even if the father recognizes the child, the child is not automatically required to use the father's surname. The mother, as the sole holder of parental authority over an illegitimate child, has the right to decide.
- Reverting to Mother's Surname: If an illegitimate child was initially registered under the father's surname, the mother may petition the court to change it back to her surname if it is in the "best interest of the child."
3. The Legal Procedure: Two Main Routes
A. Administrative Correction (R.A. 9048 as amended by R.A. 10172)
This is a faster, non-judicial process filed with the Local Civil Registrar (LCR). However, it is strictly limited to:
- Correcting clerical or typographical errors.
- Changing a first name or nickname.
- Limitations: You generally cannot use this process to change a surname from the father's to the mother's if it involves a change in the child's status or a substantial change in identity.
B. Judicial Petition for Change of Name (Rule 103)
For a substantial change—such as a legitimate child switching to the mother's surname—a petition must be filed in the Regional Trial Court (RTC) where the child resides.
Valid Grounds for the Petition:
- When the name is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce.
- When the change will avoid confusion.
- When the child has been continuously using the mother's surname and is known by it in the community.
- When the change is necessary to avoid being a victim of a "stigma" (e.g., in cases of abandonment by the father).
4. Required Documentation
While specific cases vary, the following are generally required for a court petition:
- Certified True Copy of the Birth Certificate (PSA copy).
- Affidavits of Witness: From at least two disinterested persons who can testify to the child's identity and the reasons for the name change.
- Clearances: NBI, Police, and Court clearances to ensure the name change is not being used to evade criminal liability.
- Proof of Publication: A notice of the petition must be published in a newspaper of general circulation once a week for three consecutive weeks.
5. Summary Table of Status and Surnames
| Child's Status | Default Surname | Option to Use Mother's Surname |
|---|---|---|
| Legitimate | Father's Surname | Yes, via Judicial Petition (Alanis ruling). |
| Illegitimate (Unrecognized) | Mother's Surname | Mandatory. |
| Illegitimate (Recognized) | Father's Surname (usually) | Yes, can remain or revert to Mother's. |
6. Important Considerations
- Best Interest of the Child: In all cases involving minors, the Philippine courts prioritize the "Best Interest of the Child" over the preferences of the parents.
- Middle Names: When a child changes their surname to the mother's, the previous surname (the father's) does not automatically become the middle name unless specifically petitioned and granted.
- Effect on Successional Rights: Changing a surname does not extinguish the legal relationship between the father and the child. The child retains their rights to inheritance and support, regardless of the surname they carry.