Philippine law treats a person’s full name, including the surname, as a significant marker of identity, filiation, and legal status. The father’s surname is typically included in the Certificate of Live Birth of legitimate children and, in certain cases, of acknowledged illegitimate children. However, compelling personal, social, or familial circumstances—such as abandonment, prolonged estrangement, abuse, or the desire to fully align with the maternal line—may justify a petition to drop the father’s surname. This process involves either administrative correction for clerical errors or, more commonly, a judicial petition for change of name. The goal is to secure an official amendment in the civil registry records maintained by local civil registrars and the Philippine Statistics Authority (PSA).

Legal Framework Governing Surnames and Name Changes

The rules on surnames are primarily found in the Civil Code of the Philippines (Articles 364 to 380) and the Family Code of the Philippines (Executive Order No. 209, as amended).

Legitimate children are required to use the surnames of both the father and the mother (Article 364, Civil Code). The father’s surname is placed first, followed by the mother’s maiden surname.
Illegitimate children primarily use the mother’s surname. However, if the father acknowledges or recognizes the child (through voluntary recognition, legal acknowledgment, or court adjudication of filiation), the child may use the father’s surname (Article 176, Family Code, as amended by Republic Act No. 9255).
Republic Act No. 9048 (Clerical Error Law, as amended by Republic Act No. 10172) provides an administrative remedy for correcting clerical or typographical errors and changing first names or nicknames in civil registry documents. This route is available only when the error is manifest and does not involve substantial alterations. Dropping a father’s surname is generally considered a substantial change and thus falls outside the scope of RA 9048 unless it can be proven as a clear clerical mistake (e.g., the father’s surname was erroneously entered when the child was never acknowledged or when paternity was later disproven).

For genuine cases requiring the removal of the father’s surname, the proper remedy is a judicial petition for change of name under Rule 103 of the Rules of Court. This rule allows any person to petition the court for a change of name when there is a proper and reasonable cause. The Supreme Court has consistently ruled that the State has an interest in the stability of names and that changes are granted only upon a showing of compelling justification, not mere convenience.

Additional relevant laws include:

Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father), which facilitates the addition of the father’s surname but implies that the reverse (dropping it) requires separate justification.
The Domestic Adoption Act (Republic Act No. 8552) and the Inter-Country Adoption Act, where adoption results in the automatic use of the adopter’s surname, effectively replacing the biological father’s surname.
Special laws on violence against women and children (Republic Act No. 9262) may support petitions where the father’s surname carries stigma due to abuse.

Grounds for Petition to Drop Father’s Surname

Philippine jurisprudence requires that the petitioner demonstrate a “proper and reasonable cause.” Accepted grounds in the context of dropping the father’s surname include:

Abandonment or prolonged absence of the father, coupled with the child’s exclusive use of the mother’s surname in daily life, school, and community.
Emotional or psychological harm caused by continued association with the father’s surname, such as in cases of domestic violence, incest, or public dishonor.
When the father has never acknowledged or supported the child, and the surname was entered without proper legal basis.
Sincere desire to use only the mother’s surname to reflect actual family dynamics, especially in single-parent households where the mother has been the sole provider and caregiver.
When the father’s surname is ridiculous, offensive, or carries a notorious connotation that exposes the petitioner to ridicule or embarrassment.
In cases where filiation with the father has been judicially impugned or disproven through DNA evidence or other proof.
For foundlings or abandoned children whose biological father remains unknown.

Mere preference or cosmetic reasons are insufficient. The petition must show that the change will not prejudice public interest, avoid legal obligations (e.g., evading debts or criminal liability), or cause confusion in legal or commercial transactions.

Who May File the Petition

An adult petitioner (18 years and above) may file on his or her own behalf.
For minors, the petition is filed by the mother, the legal guardian, or the person exercising parental authority. The father’s consent is generally required unless he has abandoned the child, his parental authority has been terminated, or a court has declared him unfit.
In cases of legal separation or annulment of marriage, the mother may petition on behalf of the children if the circumstances warrant.

Procedural Requirements and Steps

The petition is filed as a special proceeding in the Regional Trial Court (RTC) of the place where the petitioner has been residing for at least three years prior to the filing. The verified petition must contain:

The petitioner’s full current name, age, residence, and other personal circumstances.
The new name sought (typically the mother’s maiden surname as the sole surname, or in some cases, a hyphenated or entirely new surname if justified).
The grounds for the change, supported by clear and convincing evidence.
A statement that the petitioner is not seeking the change for any fraudulent or illegal purpose.

Supporting documents typically include:

Certified true copy of the Certificate of Live Birth from the PSA or local civil registrar.
Affidavit of the petitioner explaining the reasons.
Affidavits of at least two disinterested witnesses who can attest to the petitioner’s use of the desired name and the circumstances justifying the change.
Police or NBI clearance to show no pending criminal cases.
School records, employment records, or other documents showing long-term use of the mother’s surname.
Proof of publication of the order setting the case for hearing.

The court issues an order directing publication of the petition and the hearing date in a newspaper of general circulation once a week for three consecutive weeks. The order is also posted in the courthouse and the office of the local civil registrar. The Solicitor General or the local prosecutor represents the State and may oppose the petition.

At the hearing, the petitioner presents evidence. If the court finds sufficient justification, it renders a judgment granting the change of name. The judgment is final and executory after the period for appeal lapses.

The petitioner then presents the court decision to the local civil registrar where the birth was registered. The civil registrar makes the necessary correction or annotation in the civil registry records. A new Certificate of Live Birth reflecting the change is issued upon request from the PSA. All subsequent official documents (passport, driver’s license, school records, marriage certificate, etc.) must be updated accordingly.

Administrative vs. Judicial Route

If the inclusion of the father’s surname resulted from a clear clerical or typographical error (e.g., the child was never acknowledged, and the entry was made without basis), the petitioner may first attempt the administrative process under RA 9048 before the local civil registrar. This is faster and less expensive, requiring only a verified petition, supporting documents, and posting (no publication in newspaper). However, if the civil registrar denies the request on the ground that it is a substantial change, the petitioner must elevate the matter to the RTC via judicial petition.

Effects of a Successful Petition

The new name becomes the petitioner’s legal name for all purposes.
Legal filiation and inheritance rights are not automatically affected. Dropping the surname does not sever established paternity or legitimacy unless a separate action for impugning filiation or termination of parental authority is pursued.
The original birth record remains in the civil registry with a marginal annotation of the court order.
The petitioner may use the new name in all transactions, contracts, and official dealings.
For married petitioners, the change does not affect the spouse’s surname or the children’s surnames unless separate petitions are filed for the children.

Jurisprudence and Court Standards

The Supreme Court has emphasized that the right to change one’s name is not absolute but subject to judicial discretion. Leading principles include:

The petitioner must prove that the change is necessary to avoid confusion, embarrassment, or material injury.
Long and continuous use of the desired name in good faith strengthens the case.
Abandonment by the father is a frequently accepted ground, particularly when the father has not provided support and the child has been raised solely by the mother.
In cases involving minors, the best interest of the child is the paramount consideration.
The State’s interest in preventing fraudulent name changes is protected through rigorous publication and hearing requirements.

Courts have granted petitions where the father’s surname caused the child to suffer social stigma or when the father had been convicted of crimes that tarnish the family name. Conversely, petitions have been denied when the only reason was personal dislike or when the father actively opposed the change and maintained a relationship with the child.

Practical Considerations and Potential Challenges

Filing fees in the RTC, publication costs, and other expenses can range from several thousand to tens of thousands of pesos, depending on the locality. The entire process usually takes six to twelve months due to the mandatory publication period and court calendar.

Challenges include:

Opposition from the father or the Office of the Solicitor General.
Difficulty in locating the father for notice if required.
Updating multiple government agencies (PSA, DFA for passport, SSS, GSIS, BIR, etc.) after the change.
For minors approaching majority, it may be advisable to wait until adulthood to file personally.

In cases involving foundlings, the standard practice is to assign a surname following established PSA guidelines, and subsequent petitions to change follow the same judicial rules.

Conclusion

A petition to drop the father’s surname in the Philippine civil registry is a solemn judicial or administrative process that balances an individual’s right to a name consistent with their lived reality against the State’s interest in the stability of personal identities. Grounded in the Civil Code, Family Code, Rule 103 of the Rules of Court, and related statutes, the remedy is available when supported by proper and reasonable cause, particularly parental abandonment or compelling personal circumstances. Success results in a corrected civil registry entry that enables the petitioner to move forward with a name that truly reflects their family situation and personal dignity, while preserving underlying legal relationships unless separately addressed by law. Mastery of the substantive grounds, procedural rigor, and evidentiary requirements is essential for any successful petition.