1. Why people seek removal

Common situation	Typical objective	Key legal route
Illegitimate child was allowed to use the father’s surname under R.A. 9255, but the relationship has soured or recognition is disputed.	Revert to the mother’s surname.	Cancel the father’s acknowledgment and the R.A. 9255 annotation; then correct the child’s surname.
Wrong man recorded (hospital clerical error, impostor father, forged signature).	Delete the erroneous paternity entry; restore correct surname.	Petition to cancel/ correct entry under Rule 108.
Father later disowns or denies paternity and evidence supports the denial.	Remove father’s name & surname from birth record.	Action to impugn acknowledgment (Rule 108 or ordinary civil action) followed by change-of-name proceedings.
Legitimate child now estranged from father, or mother wishes to change name for safety (e.g., VAWC).	Drop father’s surname (or adopt double surname).	Judicial change of name under Rule 103; legitimacy remains unaffected.

Important: Removing a surname is never a purely “clerical” fix. Except in very narrow “obvious typo” cases, it requires substantive correction (judicial or quasi-judicial).

2. Governing legal framework

Civil Code (Arts. 363-366) – rules on surnames and legitimate/illegitimate filiations.
Republic Act 9048 (2001) as amended by R.A. 10172 (2012) – administrative correction of clerical errors but expressly excludes changes of surname unless the error is purely clerical.
Republic Act 9255 (2004) – allows an illegitimate child to add the father’s surname if the father expressly recognizes paternity; does not create a simple mechanism to revoke it.
R.A. 9858 (2009) & R.A. 11222 (2019) – legitimation by subsequent marriage or administrative recognition; relevant because legitimation freezes the surname unless annulled.
Rules of Court
- Rule 103 (Change of Name) – standalone petition filed in the RTC where the petitioner resides.
- Rule 108 (Cancellation/Correction of Entries) – broad remedy for “substantial” civil-registry corrections, requiring adversarial notice and publication.
Philippine Statistics Authority (PSA) circulars
- AO 1-2004 (IRR of R.A. 9255) – guides adding a father’s surname.
- Memorandum Circular 2017-04 – provides the Affidavit to Use the Surname of the Mother (AUSM) for children under seven (7) years old if the father’s acknowledgment is being withdrawn or found void.
Key jurisprudence
- Republic v. Caguioa (G.R. 226435, 5 Feb 2020) – reiterated that Rule 108, not R.A. 9048, applies to substantial changes such as paternity.
- Rep. v. Ibay (G.R. 178084, 14 Jan 2015) – clarified that removal of a father’s surname where paternity is in dispute is not a clerical error.
- Silverio v. Republic (G.R. 174689, 22 Oct 2007) – emphasized that changes involving civil status traits go beyond mere clerical corrections.

3. Distinguishing the remedies

Remedy	What it fixes	Venue	Publication?	Typical timeline
AUSM (PSA MC 2017-04)	Illegitimate child < 7 yrs, already using father’s surname under R.A. 9255, but parent wants to revert.	Local Civil Registry (LCR) of place of birth.	No.	1–3 months (LCR + PSA re-printing).
R.A. 9048/10172 petition	Obvious clerical typos in surname (e.g., “CRUZ” mis-typed “CRIZ”).	LCR.	No.	1–3 months.
Rule 108 petition	Substantial matters: canceling father’s acknowledgment, declaring it void, removing father’s surname, correcting legitimacy.	Regional Trial Court (RTC).	Yes (once a week for 3 weeks).	6 months – 2 years.
Rule 103 petition	Voluntary change of name (e.g., security reasons).	RTC.	Yes (once a week for 3 weeks).	6 months – 1 year.

4. Practical step-by-step scenarios

4.1 Illegitimate child, aged below 7, wants to drop the father’s surname

Prepare an Affidavit to Use the Surname of the Mother (AUSM) – PSA-prescribed form.
Attach:
- Original PSA birth certificate.
- Valid IDs of mother (and child, if any).
- Proof of age (if not obvious on birth certificate).
File with the Local Civil Registrar where the birth is registered.
Pay filing fee (≈ ₱1,000 – ₱1,500).
LCR annotates the civil-registry record and forwards to PSA for national annotation.
Result: father’s surname removed; child reverts to mother’s surname. Recognition entry (“acknowledgment”) remains but surname entry changes.

Limitation: After age 7, the child must sign the AUSM personally; many LCRs nevertheless insist on Rule 108 once the child reaches majority.

4.2 Illegitimate child over 7 years or adult, or doubtful paternity

Draft a verified Petition for Cancellation or Correction (Rule 108).
File in the RTC of the province/city where the civil registry is kept (or petitioner resides).
Parties to be named & served: Local Civil Registrar, alleged father, Office of the Solicitor General (OSG), and any other interested parties (grandparents, etc.).
Publish the order once a week for three consecutive weeks in a newspaper of general circulation in the province.
Present evidence:
- DNA test (optional but persuasive).
- Mother’s sworn testimony.
- Proof of fraud, coercion, or mistake in the father’s acknowledgment.
After hearing, court may order:
- Cancellation of father’s acknowledgment if found void.
- Correction of the surname entry to reflect mother’s surname.
Court decree is transmitted to LCR → PSA.
Timeline & Cost: 6 months–2 years; ₱20,000 – ₱80,000+ (filing fees, publication, DNA, counsel).

4.3 Legitimate child seeking to remove father’s surname

Because legitimacy is tied to the marriage of parents (Art. 173, Family Code), the child retains legitimate status even if the surname changes:

File a Petition for Change of Name (Rule 103).
Grounds must be “proper and reasonable.” Jurisprudence accepts:
- Threat to safety (e.g., VAWC circumstances).
- Surname exposes child to ridicule or moral damage.
- Sincere desire to conform to better-known maternal surname.
Same publication & adversarial procedure as Rule 108.
The decree changes only the surname; legitimacy, succession rights, and birth record of paternity stay intact unless separately contested.

5. Evidence & documentation checklist

Illegitimate cases	Legitimate cases
– PSA birth certificate (SECPA copy)
– Both parents’ IDs
– DNA report (if disputing paternity)
– Sworn statements of mother, child (if ≥ 7 yrs)
– Proof of fraud/ mistake in father’s acknowledgment (hospital records, affidavits)
– PSA birth certificate
– Marriage certificate of parents
– Police blotter / barangay certification (if safety invoked)
– Psychological report (optional, to show emotional harm)
– Consistent use of mother’s surname (school, SSS, etc.)

6. Consequences of removing the father’s surname

Passport & IDs – All IDs must be re-issued; DFA requires the annotated PSA birth certificate plus the court/ LCR order.
School & PRC records – Schools usually accept the annotated PSA copy; PRC requires authenticated copy of the court/LCR order.
Inheritance –
- Illegitimate: If acknowledgment is cancelled, inheritance rights against the putative father disappear.
- Legitimate: Name change does not affect legitime rights.
SSS/ PhilHealth/ GSIS beneficiaries – Must update membership records.
Travel with minor child – Immigration will scrutinize surname mismatch; carry the annotated PSA certificate and the court/LCR order.

7. Frequently asked questions

Can the father block the petition? Yes. He is an indispensable party and can oppose. The court will weigh evidence (including DNA).
Is the mother liable for perjury if she initially signed the R.A. 9255 affidavit then changes her mind? No, unless the original affidavit was knowingly false. A mere change of heart is not perjury, but filing a baseless petition may be dismissed.
Is DNA mandatory? No, but in paternity disputes it is the gold standard and often decisive.
What if the child is abroad? File through a SPA-authorized representative; the child can execute the AUSM or petition-verification before the Philippine consulate.
How soon will PSA issue a new birth certificate? AUSM cases: 1–3 months. Judicial cases: 2–6 months after the clerk of court transmits the final decree.

8. Practical tips for lawyers & pro-se petitioners

Check LCR practice first. Some registrars accept AUSM even if the child is 8–10 yrs old; others rigidly require Rule 108.
Draft accurate captions. For Rule 108, include all entries you need corrected (e.g., “Name of Child” and “Father’s Name”) to avoid multiple petitions.
Mind publication deadlines. Courts often require proof of publication before the first hearing; late publication delays the case.
Serve OSG properly. Failure to serve the Solicitor General is a fatal jurisdictional defect.
Request a DNA test early if paternity is contested; results take 4–8 weeks.

9. Caveats & ethical notes

Best interests of the child (Art. 3, Child & Youth Welfare Code; Art. 8, Convention on the Rights of the Child) must guide courts; mere parental convenience is insufficient.
Lawyers should avoid using the process to harass the other parent (Rule 1.03, Code of Professional Responsibility and Accountability, 2023).
This article is for general information only and not legal advice. Always consult a Philippine lawyer for case-specific guidance.

10. Summary

Removing a father’s surname from a child’s civil-registry records in the Philippines ranges from a straightforward AUSM filing (for very young illegitimate children) to a full-blown judicial proceeding under Rule 108 or Rule 103. The decisive factors are the child’s legitimacy, age, the presence (or absence) of fraud or mistake in the original acknowledgment, and the sufficiency of evidence—including DNA when paternity is disputed. While the process can be emotionally and financially taxing, Philippine law provides clear pathways to protect the child’s identity and welfare, balancing it against the father’s rights and the integrity of civil records.