Introduction

In the Philippine legal system, the surname on a birth certificate holds significant importance, as it establishes identity, lineage, and legal rights. Historically, children born out of wedlock—referred to as illegitimate children—were mandated to bear their mother's surname, reflecting societal norms and legal presumptions about paternity. However, Republic Act No. 9255 (RA 9255), enacted on February 24, 2004, marked a pivotal shift by allowing illegitimate children to use their father's surname upon proper acknowledgment. This law amends Article 176 of the Family Code of the Philippines (Executive Order No. 209), promoting equality and recognizing the father's role in the child's life.

RA 9255 addresses the acknowledgment process and the subsequent correction or amendment of birth certificates to reflect the father's surname. It balances the rights of the child, the acknowledging father, and the mother, while ensuring compliance with civil registration laws. This article explores the legal framework, requirements, procedures, implications, and related considerations under Philippine law.

Legal Basis and Historical Context

The Family Code of the Philippines, promulgated in 1987, originally provided under Article 176 that illegitimate children shall use the surname of their mother, unless the father acknowledges the child in a manner that legitimizes them (e.g., through subsequent marriage). This provision stemmed from the need to protect the child from stigma and ensure clear maternal lineage in cases where paternity was not legally established at birth.

Prior to RA 9255, acknowledgment by the father did not automatically confer the right to use his surname unless the parents married, which would legitimize the child under Article 177 of the Family Code. This created disparities, as legitimate children (born to married parents) could use the father's surname by default, while illegitimate ones could not, even with paternal acknowledgment.

RA 9255, titled "An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, Otherwise Known as the 'Family Code of the Philippines'," revised Article 176 to state: "Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or a private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

This amendment aligns with the 1987 Philippine Constitution's emphasis on the protection of family and children's rights (Article XV), as well as international conventions like the United Nations Convention on the Rights of the Child, which the Philippines ratified in 1990. It promotes non-discrimination based on birth status.

The Implementing Rules and Regulations (IRR) of RA 9255, issued by the Office of the Civil Registrar General (OCRG) under the Philippine Statistics Authority (PSA, formerly National Statistics Office or NSO), provide detailed guidelines for implementation, ensuring uniformity in civil registration practices across local civil registrars (LCRs).

Acknowledgment of Paternity

Acknowledgment is the cornerstone of RA 9255, as it establishes the father's filiation to the child, enabling the use of his surname. Under Philippine law, acknowledgment can occur in several ways:

Voluntary Acknowledgment at Birth Registration: If the child is born out of wedlock and the father wishes to acknowledge paternity from the outset, he can sign the birth certificate in the space for "Acknowledgment" or execute an Affidavit of Acknowledgment/Admission of Paternity (AAP) attached to the Certificate of Live Birth (COLB). This must be done at the time of registration with the LCR, typically within 30 days of birth (or later with penalties for delayed registration under Republic Act No. 3753, the Civil Registry Law).
Subsequent Acknowledgment: For children already registered with the mother's surname, the father can acknowledge paternity later through:
- A public document, such as a notarized AAP.
- A private handwritten instrument signed by the father, which must be authenticated.

The AAP must include details like the father's full name, citizenship, residence, and a statement admitting paternity. It should be executed before a notary public or a person authorized to administer oaths. If the father is abroad, the AAP can be executed at a Philippine consulate.

Acknowledgment under RA 9255 is irrevocable except in cases of fraud, violence, intimidation, or undue influence, as provided in Article 166 of the Family Code for impugning legitimacy. However, the law allows the father to file an action to prove non-filiation during his lifetime.

If the child is of age (18 years or older), their consent is required for the acknowledgment to take effect, as per the IRR. For minors, the mother's consent is typically needed, though the law prioritizes the child's best interest.

Correction or Amendment of the Birth Certificate

Once acknowledgment is established, the birth certificate can be amended to reflect the father's surname. This process falls under Republic Act No. 9048 (RA 9048), as amended by Republic Act No. 10172 (RA 10172), which governs clerical or typographical errors and changes in civil registry entries without court order for certain cases.

Key Procedures:

Administrative Correction under RA 9048/10172:
- RA 9255 amendments are treated as changes in the child's surname, which can be processed administratively if the acknowledgment is properly documented.
- The petitioner (usually the mother, father, or adult child) files a Petition for Change of Surname with the LCR where the birth was registered.
- Required documents include:
  - Certified true copy of the original birth certificate.
  - Notarized AAP from the father.
  - Affidavit of the mother attesting to the facts (if applicable).
  - Birth certificates or IDs proving the father's identity.
  - Consent of the child if 18 or older.
  - Payment of fees (around PHP 3,000 for the petition, plus publication costs).
- The LCR reviews the petition and, if approved, annotates the birth certificate to add the father's surname. The entry might read: "The child is acknowledged by [Father's Name] per AAP dated [Date], and shall henceforth be known as [Child's Full Name with Father's Surname]."
- If the LCR denies, the petitioner can appeal to the OCRG or file a court petition.
Judicial Process:
- If administrative correction is not feasible (e.g., disputed paternity), a court petition under Rule 108 of the Rules of Court is required for cancellation or correction of entries in the civil registry.
- This involves filing a verified petition in the Regional Trial Court (RTC) of the place where the record is kept, with notice to the LCR and publication in a newspaper.
- The court may order DNA testing if paternity is contested, though RA 9255 presumes voluntary acknowledgment as sufficient unless impugned.

For delayed registrations, the process combines acknowledgment with late registration under Administrative Order No. 1, Series of 2001 (AO1 S.2001) of the OCRG.

Implications and Effects

Legitime and Inheritance: Using the father's surname does not legitimize the child but entitles them to support and one-half the legitime of a legitimate child (Article 176, as amended).
Parental Authority: Remains with the mother, unless joint authority is agreed upon or court-ordered.
Citizenship and Other Rights: May affect dual citizenship claims if the father is foreign, but does not alter the child's status as illegitimate.
Multiple Acknowledgments: If multiple fathers claim paternity, a court action is needed to resolve filiation.
Retroactive Application: RA 9255 applies to children born before its enactment, allowing retroactive acknowledgment and surname change.

Challenges and Considerations

Common issues include:

Delays in processing due to bureaucratic requirements.
Disputes over consent, especially in acrimonious relationships.
Costs, which may deter low-income families.
Privacy concerns, as amendments require publication.

Related laws include the Anti-Violence Against Women and Their Children Act (RA 9262), which protects mothers from coercion, and the Solo Parents' Welfare Act (RA 8972), which provides benefits regardless of surname.

Conclusion

RA 9255 represents a progressive step toward recognizing paternal bonds and reducing stigma for illegitimate children in the Philippines. By facilitating acknowledgment and birth certificate corrections, it upholds the child's right to identity and family ties. Individuals seeking to apply this law should consult the local LCR or a legal professional to ensure compliance with current procedures and avoid complications.