Minor’s Surname Change Under Republic Act No. 9858
(“An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age”)
1. Statutory Framework and Policy Rationale
RA 9858 (approved 10 December 2009; in force 24 January 2010) amends Article 177 of the Family Code to legitimate a child administratively when:
1. Both parents were below eighteen (18) when the child was born;
2. No legal impediment other than minority prevented them from marrying each other; and
3. They subsequently marry each other after reaching the age of majority.
Legitimation, in turn, automatically vests on the child all rights of a legitimate child (Art. 179, Family Code), foremost of which is the right to bear the father’s surname. Hence, for minors who satisfy RA 9858, surname change is a built‑in consequence of legitimation; there is no need to file a separate petition under RA 9255, RA 9048, or Rule 103 of the Rules of Court.
2. When Is RA 9858 the Correct Remedy for a Minor’s Surname Change?
| Scenario | Proper Remedy | Notes |
|---|---|---|
| Parents below 18 at child’s birth, later marry each other | RA 9858 legitimation | Surname change follows automatically. |
| Parents of legal age, never marry | RA 9255 (use father’s surname) | Still leaves child illegitimate. |
| Clerical error (misspelling, doubled entry, etc.) | RA 9048 (administrative correction) | Does not affect legitimacy. |
| Both parents below 18 but cannot marry (e.g., bigamy, same sex, forbidden degree) | Judicial adoption or legislative legitimation | RA 9858 excluded; surname change tied to adoption decree. |
3. Substantive Requirements
- Parents’ minority at the time of the child’s birth (both must be < 18).
- Absence of any impediment except minority. If, for example, either was already married to someone else, RA 9858 is not available.
- Subsequent valid marriage of the parents after both reach 18.
- Registration window: While the law sets no prescriptive period, the PSA’s implementing rules encourage filing soon after the marriage so the child may immediately enjoy legitimate status.
4. Who May File and Where
| Applicant | Filing Office |
|---|---|
| (a) Either parent (or both jointly); or (b) The child (if 18 or older) |
Local Civil Registrar (LCR) of the place where the birth was recorded. If the record has been transcribed to another LCR, file in either office; the receiving LCR must forward annotations. |
5. Documentary Checklist
- Accomplished Affidavit of Legitimation (PSA form).
- PSA‑issued Certificate of Live Birth (child) – original & two photocopies.
- PSA‑issued Marriage Certificate of the parents showing a date after both turned 18.
- Valid government IDs of filing parent(s) / child.
- Minor’s consent – not strictly required, but many LCRs ask for written assent if the child is 10 or older to avoid later disputes.
- Administrative fee (ranges ₱1,000–₱1,500; varies by LGU).
Tip: Bring certified true copies rather than simple photocopies to avoid repeat trips; some LCRs no longer accept photocopies even if originals are presented.
6. Step‑by‑Step Procedure
| Step | Action | Timeframe* |
|---|---|---|
| 1 | Prepare documents; personally appear at the LCR | — |
| 2 | Execute and sign Affidavit of Legitimation before the LCR/Notary | Same day |
| 3 | LCR reviews; if complete, annotates Birth Record (“Legitimated by virtue of RA 9858…”) | 1–2 weeks |
| 4 | LCR transmits annotated record to PSA‑OCRG | within 30 days |
| 5 | PSA updates its database; new SECPA* birth certificate reflecting father’s surname becomes available | 2–4 months |
| *Timelines are typical, not statutory; busy or remote civil registries may take longer. |
7. Effects of Legitimation on the Child
- Change of surname – child now lawfully uses the father’s surname in all civil, academic, and government records.
- Legitimate status – full hereditary rights (legitime and successional), parental authority vests jointly in both parents, lawful kinship for support and guardianship.
- Retroactivity – legitimacy retroacts to the time of birth, erasing the previous status of illegitimacy (Art. 178, FC).
- Travel & identification – passport renewal or first‑time application must match the new PSA record. Present both the old and the new birth certificates if any document (e.g., school records) still shows the child’s former surname.
- Other records – DepEd, PhilHealth, SSS, BIR, and bank accounts require annotation or replacement of ID cards; agencies routinely accept the annotated PSA copy as authority.
8. Jurisprudential Notes
Although Supreme Court decisions directly applying RA 9858 are still sparse, earlier doctrines on legitimation mutatis mutandis apply:
- Heirs of Donato v. CA (G.R. No. 147928, 12 Feb 2007) – retroactivity of legitimation protects the heir’s successional rights.
- Republic v. Court of Appeals (G.R. No. 108763, 11 Feb 1999) – clerical correction cannot be used to substantially change filiation; legitimation is the proper route.
- Calimlim‑Canullas v. CA (G.R. No. 118678, 20 Sept 1995) – reiterated that no child should be prejudiced by the parents’ circumstances, a principle echoed in RA 9858’s declaration of policy.
9. Special Situations & Frequently Asked Questions
Q 1: Parents married abroad after turning 18; can we still file under RA 9858?
A: Yes. Present the Report of Marriage (ROM) and proof it has been registered with the PSA. The LCR where the birth is recorded will rely on the ROM or the authenticated foreign marriage certificate.
Q 2: Parents have separated and the father cannot appear; may the mother alone file?
A: The PSA’s 2012 Revised Implementing Rules allow either parent to file the affidavit. The non‑present parent’s absence does not invalidate legitimation, but the LCR may require a Notice of Filing be mailed to the father’s last known address.
Q 3: Our child already uses my surname under RA 9255; should we still file RA 9858 once we marry?
A: Absolutely. RA 9255 only affects the surname; it keeps the child illegitimate. RA 9858 confers full legitimacy and therefore greater legal protection.
Q 4: We married in a religious ceremony before turning 18, then had a civil wedding after 18; which marriage counts?
A: The civil wedding after both parties reached 18 is the controlling marriage for RA 9858 purposes. A religious rite involving minors is void under Art. 35(1), FC.
Q 5: Can legitimation be revoked?
A: Only upon judicial action if the affidavit is proven false or fraudulent (e.g., actual impediment existed). Until annulled, the benefits stand.
10. Best‑Practice Checklist for Parents and Guardians
- File early – Doing so before the child starts school avoids mismatched records.
- Update all IDs & records – especially PhilHealth and immunization cards; public hospitals rely on these.
- Keep both PSA copies – The pre‑annotation birth certificate remains useful to trace record history.
- Educate the child – Older minors should understand why their surname changed to avert confusion.
- Consult counsel – Where doubt exists (e.g., possible impediment, missing documents), a short legal consult saves time and avoids rejection.
11. Conclusion
RA 9858 provides a swift, purely administrative pathway to legitimation—and with it, a minor’s seamless transition to the father’s surname—whenever both parents were under marrying age at the child’s birth but later marry each other. By removing the need for costly court proceedings and by making legitimation retroactive, the law fulfills the constitutional mandate to protect children “from all forms of discrimination” and to strengthen the family as a basic social institution.
This article is for informational purposes and does not constitute legal advice. When dealing with actual cases, always confirm the latest PSA circulars and local civil registry regulations or consult a qualified Philippine family‑law practitioner.