PSA Birth Certificate with Maternal Surname vs. LCR Record
A comprehensive guide for Filipino parents, adults seeking passport or employment, local civil registrars, and legal practitioners
1. Two Birth Records, One Child: Why the Mismatch Happens
| Document | Who Issues It | What It Contains | Common Source of Discrepancy |
|---|---|---|---|
| LCR (Local Civil Registry) copy | City/Municipal Civil Registry Office where the birth was first registered | The original Certificate of Live Birth (COLB) – also called the “registry book entry.” | Subsequent handwritten/typed amendments, delayed registration, or clerical errors made locally after first registration. |
| PSA (Philippine Statistics Authority) copy | PSA’s Central Civil Registry in Quezon City | A photographic or digital copy of the LCR entry, certified and printed on PSA security paper (SECPA). | The PSA may not yet have received local annotations, or the PSA copy was produced before a local correction/annotation was transmitted. |
Because a PSA certificate is merely an image of the LCR page as of the date it was transmitted, you can end up with:
- PSA copy = child’s maternal surname (e.g., DELA CRUZ)
- Latest LCR copy = child’s paternal surname (e.g., SANTOS), following acknowledgment or legitimation that was processed locally but not yet forwarded or incorrectly forwarded to the PSA.
2. Governing Laws & Regulations
- Civil Code of the Philippines (Arts. 364-366). Default rule: An illegitimate child uses the mother’s surname, unless the father voluntarily acknowledges and both parents agree.
- Republic Act 9255 (2004) – “An Act Allowing Illegitimate Children to Use the Father’s Surname and Granting Them Legitimate Status for Such Purpose.” Administrative remedy: Affidavit of Acknowledgment/Admission of Paternity + Affidavit to Use the Surname of the Father (AUSF) filed with the local civil registrar.
- Family Code (1987), Art. 177 – legitimation by subsequent marriage of the parents; surname automatically changes to the father’s.
- Republic Acts 9048 (2001) & 10172 (2012) – allow the LCR to correct obvious clerical errors and the child’s sex or day/month of birth administratively without court.
- Civil Registry Law (Act No. 3753) – outlines registration duties and the PSA’s central archival function.
- SC Administrative Matter No. 02-11-05-SC (Rule on Administrative Adoption and Alternative Child Care, 2022) – recognition of administrative adoption decisions that may also change the registered surname.
3. Which Record “Prevails” for Government Transactions?
| Situation | What agencies usually ask for | Practical effect |
|---|---|---|
| Passport, PhilSys ID, PRC license, board exams | Latest PSA birth certificate | If PSA still shows maternal surname, DFA/PRC will require you to resolve the mismatch first. |
| School enrollment or DepEd Form 137 | Either PSA or authenticated LCR copy | Basic education schools often accept the LCR copy with official receipt & dry seal pro tempore, but colleges and CHED scholarship bodies defer to PSA. |
| Court litigation (inheritance, paternity) | Court will weigh both; best evidence is LCR because it is the original entry (Rule 132, Sec. 20, Rules of Court). | Courts admit a PSA copy only as a certified true copy of the registry book; if entries differ, testimony from the LCR custodian prevails. |
Bottom line: For most civil purposes, you need the PSA copy to match the corrected LCR. Until then, the maternal-surname PSA certificate will keep causing friction.
4. How to Harmonize the Two Records
Verify the LCR status
- Ask your city/municipal civil registrar for a certified machine copy of the COLB and look for marginal annotations (e.g., “RA 9255; AUSF No. ___; transmitted to PSA on ____”).
Check the PSA endorsement log
- The LCR uses Batch Request Entry System (BREQS) or manual transmittal to send corrections to PSA. Ask the LCR for the Transmittal Reference Number and date.
If the LCR has been corrected but the PSA hasn’t
File a “Follow-Up Endorsement” with the LCR. They will re-send the annotated page + endorsement letter to:
Civil Registry Service Philippine Statistics Authority
Pay the LCR’s endorsement fee (₱50-₱150) plus courier cost if outside NCR.
Wait 2-3 months, then request a new PSA copy.
If the LCR itself has not been corrected
RA 9255 route (if illegitimate and father is willing):
- Execute Acknowledgment of Paternity and AUSF before the LCR.
- Submit IDs of parents + child’s birth certificate + barangay/cedula.
- Pay about ₱1,000 administrative fee + publication fee if required by local ordinance.
Legitimation route (if parents later married):
- Present marriage certificate + child’s birth certificate.
- LCR annotates both registry book and child’s COLB.
Court petition (Art. 412, Civil Code + Rule 108, ROC) – needed only if:
- the child is already an adult and one parent is deceased/uncooperative, and
- there is a “substantial change” beyond clerical scope (e.g., changing status from “illegitimate” to “legitimate by adoption,” impugning filiation).
After the LCR annotates
- They must transmit to PSA within 30 days (Sec. 5, RA 9048 IRR). Follow up politely; bring registry receipts to show urgency.
5. Frequently-Asked Questions
| Question | Short Answer |
|---|---|
| Can I just use my LCR copy for a passport? | DFA rarely accepts it. You’ll be told to obtain a PSA copy that shows the paternal surname or present a court order. |
| My father died; can I still carry his surname? | Yes. His heirs can sign the AUSF or you can file a Rule 108 petition. The court may order the civil registrar to annotate the change. |
| Does RA 9255 give the child “legitimate” status? | No. It allows use of the father’s surname but does not confer legitimation (which affects inheritance). |
| How long before PSA updates? | 2 weeks if electronic endorsement via PhilCRIS; 2-4 months if manual. In practice, expect 3-6 months. |
| Will the old maternal-surname PSA copy disappear? | No. PSA keeps all historical versions, but the most recent certified copy will show the annotations/marginal notes. Previous copies become “superseded.” |
6. Key Supreme Court Decisions to Know
| Case | G.R. No. | Holding |
|---|---|---|
| Republic v. Cagadas | 166376 (9 Jun 2004) | Rule 108 petitions may correct or change filial relationship if notice and publication requirements are met. |
| Edgardo Advincula v. Republic | 200251 (22 Apr 2014) | RA 9048 covers only clerical errors; changing the child’s surname from mother to father is substantial unless RA 9255 procedures were followed. |
| Silverio v. Republic | 174689 (23 Oct 2007) | Change of sex is outside RA 9048; likewise, major status or surname changes require a judicial order if statutory administrative remedy is absent. |
7. Practical Tips & Best Practices
- Register corrections as early as possible. Hospitals now feed data electronically to the LCR—use that window to fix errors before the PSA “first read.”
- Always retain at least two PSA copies issued on different dates; they serve as proof of the “before” and “after” states if anyone questions the change.
- Authenticate affidavits (AUSF, acknowledgment) before a public notary within the municipality where the birth was registered; some LCRs refuse out-of-jurisdiction notarizations.
- Track transmittals proactively. Take a photo of the registry logbook page or ask for the acknowledgment receipt from PSA to the LCR.
- For OFWs under time pressure, request an LCR Certification of Pending Endorsement—some POEA/DMW offices temporarily accept this with an affidavit of undertaking.
8. Conclusion
A PSA birth certificate that still bears the maternal surname while the LCR record already reflects the paternal surname is not a contradiction in law—it is a timing and transmission problem. The LCR is the source of truth, but the PSA copy is the document most institutions insist on. The surest path is therefore: (1) correct or annotate the LCR under the proper statute (RA 9255, legitimation, Rule 108); (2) make certain the LCR transmits the updated entry; (3) secure a new PSA certificate showing the marginal note. Until steps 1-3 are complete, expect delays in passports, visas, bank account openings, and inheritance proceedings. When in doubt, consult a civil registrar or a family-law lawyer—because while paperwork can be DIY, strategy often cannot.