Below is a full-blown explainer in legal-article style, focused on Rule 108 of the Rules of Court and Republic Act No. 9255 (RA 9255), with some references to related laws to make sense of the bigger picture.
I. Big Picture: Can You Really Remove the Father’s Name?
Short answer: yes, but only in very limited situations and always through court proceedings. There is no purely administrative process to just “take out” the father’s name from a birth certificate, because:
- It is a substantial correction, not a clerical one.
- It directly affects filiation (who your legal father is), which is heavily protected by law.
- It often alters status (legitimate vs. illegitimate) and rights (support, inheritance, surname).
The main legal “tools” you’ll see are:
- Rule 108 – Judicial correction or cancellation of entries in the civil registry.
- RA 9255 – Law allowing an illegitimate child to use the father’s surname, based on acknowledgment.
- Plus: RA 9048 and RA 10172 – for minor/clerical corrections (important mainly because they do not cover removing the father’s name).
II. Legal Framework
1. Civil Registry Basics
The civil registry (LCRO/PSA records) is governed mainly by:
- Civil Code & Family Code provisions on filiation and surnames.
- The Civil Registry Law (Act No. 3753).
- Special laws on corrections (RA 9048, RA 10172) and on surnames (RA 9255).
A birth certificate is not the source of the legal relationship; it is evidence of that relationship. But it’s strong evidence, especially if:
- The child is legitimate (parents were married); or
- The father voluntarily acknowledged the child.
This is why courts are very careful about changing it.
2. Rule 108 – Cancellation or Correction of Entries in the Civil Registry
Rule 108 of the Rules of Court is the key procedure when you’re dealing with substantial corrections, including filiation-related entries.
It allows a petition for cancellation or correction of an entry in the civil registry, but:
- It is an adversarial proceeding (not just a paperwork request).
- Interested parties must be notified and given the chance to oppose.
- The court will only grant it on the basis of adequate, credible evidence.
Removing a father’s name, changing filiation, or changing legitimacy must pass through Rule 108 (or other specific actions like an action to impugn legitimacy) – never just a simple affidavit.
3. RA 9255 – Illegitimate Children Using the Father’s Surname
RA 9255 allows an illegitimate child to use the surname of the father if the father acknowledges the child in one of the required ways, such as:
- The father signs the Certificate of Live Birth as the informant/acknowledging father; or
- The father executes a public document (e.g., notarized acknowledgment) or private handwritten instrument admitting paternity (subject to rules).
The law, and its IRR, link three things together:
- Acknowledgment of paternity
- Use of the father’s surname
- Entries in the birth certificate
RA 9255 mainly explains how to add or use the father’s surname and indicate father’s details, not how to erase them. However, once acknowledgment exists, removing it is essentially undoing that legal acknowledgment—which is a serious matter.
4. RA 9048 and RA 10172 – Why They Don’t Help With This
- RA 9048 – Covers clerical corrections (spelling errors, typos) and change of first name.
- RA 10172 – Extends RA 9048 to include corrections of day and month of birth, and sex (when due to clerical/typo-type errors).
They do not cover:
- Adding or removing a father’s name;
- Changing filiation;
- Changing legitimacy status.
So, any attempt to remove the father’s name cannot be done at the Local Civil Registrar via RA 9048/10172. It must go to court under Rule 108 (or a proper action for impugning filiation/legitimacy).
III. How the Father’s Name Ends Up on the Birth Certificate
Understanding how it got there is crucial to understanding how or whether it can be removed.
1. When Parents Are Married (Legitimate Child)
If the child is born during a valid marriage, the law presumes the child is legitimate, and:
- The husband is presumed the father.
- His name is placed on the birth certificate as the father.
- The child carries the father’s surname (as a general rule).
That entry is backed by a strong presumption of legitimacy, and you cannot casually erase the father’s name without going through the strict rules on impugning legitimacy under the Family Code.
2. When Parents Are Not Married (Illegitimate Child)
By default, an illegitimate child uses the mother’s surname, and initially:
- The father’s name might be blank, unless he acknowledges the child.
- Under RA 9255, if the father acknowledges, the child can use his surname, and his name is entered as father.
Acknowledgment can be shown by:
- Father personally signing the birth certificate;
- Father executing a public document acknowledging the child;
- Other recognized modes of voluntary acknowledgment.
Once that acknowledgment is valid, the civil registry reflects this: the father’s details and the child’s use of his surname.
IV. Removing the Father’s Name: Substantive Rules and Grounds
1. Substantial vs. Clerical Correction
Removing the father’s name is a substantial correction because it:
- Changes filiation (legal parent–child relationship).
- Potentially changes legitimacy/illegitimacy status.
- Affects succession (inheritance), support, and surnames.
This is never treated as a minor or clerical change.
2. Commonly Asserted Grounds for Removal
Courts will look for serious, well-supported grounds, such as:
Fraud, falsification, or forgery
- The father’s name was placed without his actual acknowledgment.
- His signature on the birth certificate or acknowledgment document was forged.
- The mother or another person falsified the entry (which can itself be a criminal offense).
Error in identity
- The man indicated as father is not actually the child’s father, but was mistakenly or falsely recorded.
- Example: wrong man’s name was entered, or the mother used another person’s details.
Lack of valid acknowledgment
- The so-called “acknowledgment” didn’t meet legal requirements (e.g., not signed by the father; done by someone else; defective document).
- The record makes it appear that the father acknowledged the child when, in fact, he never did.
Evidence disproving paternity (e.g., DNA)
- DNA tests and other strong evidence show that the recorded father is not the biological father.
- For legitimate children, this interacts with the strict rules on impugning legitimacy and the limited persons who can file such an action.
Judgment annulling or invalidating the acknowledgment
- A separate court may have already invalidated an acknowledgment or declared it void.
- Rule 108 is then used to align the civil registry records with that judgment.
3. Insufficient Grounds (But Common Misconceptions)
These are not normally valid legal reasons to remove the father’s name:
- Father does not give support or is “irresponsible”.
- Parents have separated (legally or not).
- Personal or emotional reasons: “Ayaw ko na siyang maging tatay sa birth certificate.”
- New partner wants to be the “legal” or recorded father.
- The child is angry at or estranged from the father.
The law separates personal conflicts from legal filiation. You cannot rewrite filiation just because the relationship broke down.
V. Rule 108 Procedure: How It’s Actually Done
When someone wants to remove (or alter) the father’s name, the typical path is a Rule 108 petition.
1. Court and Venue
- Filed as a verified petition with the Regional Trial Court (RTC) that has jurisdiction over the local civil registrar where the birth is registered.
- Classified as a special civil action or special proceeding for correction/cancellation.
2. Parties to the Case
The petition should include as respondents (or at least implead as necessary parties):
- The Local Civil Registrar (LCRO).
- The Philippine Statistics Authority (PSA), often through the Civil Registrar General.
- The father whose name is on the birth certificate.
- The mother.
- The child, especially if already of age.
- Any other interested parties (e.g., heirs in legitimacy issues, spouse if the father is married, etc.).
Everyone who stands to be affected should be given a chance to be heard – otherwise the judgment may be vulnerable later.
3. Contents of the Petition
The petition typically states:
- The facts: date and place of birth, current entries in the birth certificate, marital status of the parents, etc.
- The existing entry (father’s name) and the relief requested (removal/cancellation/annotation).
- The legal basis: Rule 108, Family Code provisions, RA 9255 context, etc.
- The grounds: fraud, lack of acknowledgment, non-paternity (with DNA), mistake, etc.
- The evidence attached: PSA birth certificate, other civil registry documents, affidavits, DNA test results (if any), IDs, marriage certificates, etc.
4. Publication and Notice
Because civil status is involved, Rule 108 usually requires:
- Publication of the petition (e.g., once a week for three consecutive weeks) in a newspaper of general circulation.
- Service of summons/notice to the named respondents.
This turns it into an adversarial proceeding, not just an ex parte request.
5. Hearing and Evidence
At the hearing:
The petitioner presents testimonial and documentary evidence.
The father (or other respondents) may oppose, argue, or present counter-evidence.
The court may require strong evidence such as:
- DNA test results;
- Expert testimony on handwriting (for alleged forgery);
- Consistent testimony from credible witnesses;
- Other documents that show fraud or error.
The standard is effectively high because the court is being asked to change civil status or a core civil registry entry.
6. Judgment and Implementation
If the court is convinced:
The old record is usually not physically erased; instead, it remains on file with an annotation describing the court’s judgment.
VI. Interaction with RA 9255 (Surname of Illegitimate Children)
1. Acknowledgment Under RA 9255
RA 9255 ties acknowledgment to the child’s use of the father’s surname. When the father:
- Signs the birth certificate; or
- Executes the proper acknowledgment document,
the child can:
- Use the father’s surname; and
- Have the father indicated in the birth certificate as father.
That entry becomes proof of voluntary acknowledgment of paternity.
2. Can Acknowledgment Be Taken Back?
In practice, once valid acknowledgment is made, it isn’t something either party can casually revoke:
- A father generally cannot just say “I take it back” and erase his paternity.
- A mother or child cannot just “undo” the father’s acknowledgment to get his name off the birth certificate.
To reverse or nullify acknowledgment, you typically need:
A court judgment that:
- Declares the acknowledgment invalid or void (e.g., because it was forged, signed under fundamental mistake, or he is proven not the father); or
- Otherwise orders correction of the civil registry entry.
Then Rule 108 is used to align the civil record (name, surname, filiation) with that judgment.
3. Effect on the Child’s Surname
If the court orders that:
- The father is not the legal father, or
- The acknowledgment is invalid,
then:
- The child will generally revert to the mother’s surname (for an illegitimate child).
- The entry for the father’s name may be blank or adjusted in accordance with the judgment.
If the child is of a certain age, their consent (and best interest) may be taken into account when changing surnames.
VII. Removing Father’s Name vs. Changing Only the Surname
An important distinction:
- Removing the father’s name = attacking filiation (very serious; Rule 108 and possibly other specific actions).
- Changing/not using the father’s surname = in some situations, might be handled differently (e.g., change of surname by court order based on best interest of the child, but still a big deal).
You may have scenarios like:
- Father stays on the birth certificate (as father), but the child later changes surname by court order in the child’s best interests.
- Or, if the father’s name is removed because he is not the father, the surname naturally changes to reflect correct filiation.
Courts are usually wary of leaving the record in a state where the father’s name is there, but law treats him as “not the father”. The remedy aims for internal consistency in the civil registry.
VIII. Special Case: Legitimate Children and Impugning Legitimacy
If the parents were married at the time of conception/birth, we are dealing with a legitimate child. The law gives:
- A strong presumption of legitimacy.
- A limited set of persons who can question it (usually the husband/father or, in some cases, his heirs).
- Strict time periods within which to file an action to impugn legitimacy.
Key points:
You cannot use Rule 108 as a shortcut to bypass the Family Code rules on impugning legitimacy.
A simple “Rule 108 petition” that, in substance, attacks legitimacy without proper standing and within the wrong time frame may be dismissed.
Often, the proper sequence is:
- An action to impugn legitimacy (if legally allowed and within period).
- Once the court judgment is final, using Rule 108 to update the civil registry.
So for legitimate children, removing the husband’s name as father is extremely difficult and tightly regulated.
IX. Typical Real-World Scenarios
Here are common scenarios and how the law tends to “see” them conceptually:
1. Mother Was Unmarried and Invented a Father’s Name
Scenario: Mother, under pressure or for practical reasons, filled in a random man’s name, or a boyfriend’s name, with no real acknowledgment.
Legal view:
The entry might be considered false or fraudulent.
Possible criminal implications (falsification of public document).
To fix it: a Rule 108 petition alleging that:
- The father never acknowledged the child; or
- The entry was made without legal basis.
Evidence needed: mother’s admission, lack of acknowledgment documents, possible testimony of the supposed father, etc.
2. Two Different Men: First in the Birth Certificate, Second Is the Biological Father
Scenario: The first boyfriend’s name was recorded, but it turns out a later partner is the real (biological) father, and he wants to acknowledge the child.
Legal complexities:
3. Adult Child Wants Father’s Name Removed Because of Abandonment
Scenario: The father is undeniably the biological father; he signed the birth certificate, but he abandoned the family and gave no support. The child wants him “deleted” as father.
Legal view:
- Abandonment and lack of support do not erase filiation.
- Removing the father’s name on these grounds alone is generally not allowed.
- The remedy for non-support is to file for support, not to alter the civil registry.
4. DNA Proves the Recorded Father Is Not the Biological Father
Scenario: Years later, DNA testing shows the recorded father is not the biological father.
Legal view:
- DNA is powerful scientific evidence but must be properly presented.
- For legitimate children, you still need to comply with the Family Code rules on impugning legitimacy (who can file, when).
- For illegitimate children, DNA plus other evidence may support a Rule 108 petition to cancel the erroneous entry.
5. Safety Concerns (e.g., Abuse, Rape)
Scenario: The father is abusive or the child was conceived in rape/incest, and the mother/child fears having the father identified.
Legal view:
- The circumstances are very serious and may involve criminal and protective remedies.
- But legally, filiation and civil registry entries are still governed by the same rules.
- The court may be sympathetic and weigh the best interests of the child, but cannot ignore explicit rules on filiation.
- Sometimes the core focus is protection (e.g., protection orders, criminal case) rather than altering filiation.
X. Legal Effects of Successfully Removing the Father’s Name
If a court ultimately orders the removal or correction of the father’s name:
Filiation
- The legal relationship between the child and that man as father is terminated or declared non-existent in law (subject to what exactly the judgment states).
Surname
- For illegitimate children: typically reverts to the mother’s surname.
- For legitimate children: if legitimacy is stripped, the child might become illegitimate as to that man (and possibly legitimate/illegitimate as to another, depending on the case).
Support
- The father who is no longer legally recognized as father generally loses the legal obligation to support the child.
- Conversely, a newly acknowledged legal father may acquire such duty.
Inheritance
- The child may lose rights to inherit as compulsory heir from that man (depending on the nature of the judgment and timing).
- This is one reason courts are cautious about granting these petitions.
Civil Registry Record
- The PSA/LCRO record will be annotated.
- New certified copies will show the corrections; old ones will remain in the archives but with annotations or alongside the court decision.
XI. Practical Considerations and Takeaways
Not a DIY Process
- Because this involves filiation, civil status, and procedural rules (Rule 108, Family Code, RA 9255), it’s something that typically requires assistance of counsel.
Evidence Is Everything
- Allegations of fraud, mistaken identity, or non-paternity must be backed by strong, consistent evidence, sometimes including scientific tests and expert testimony.
Time Limits and Standing
- For legitimate children, who can challenge paternity and when is tightly controlled by the Family Code.
- Missing those deadlines can make it legally impossible to attack legitimacy, even if DNA suggests otherwise.
Best Interests of the Child
- Courts often refer to the best interests of the child, especially in disputes around surname use or changes, but that principle does not override explicit legal rules on filiation and legitimacy.
Administrative vs. Judicial
- Administrative correction (RA 9048/10172) = typos, clerical errors, simple first name changes.
- Judicial correction (Rule 108) = anything that touches on who your parents are, your status, or core civil registry facts like that.
Final Note
Removing a father’s name from a Philippine birth certificate is not a cosmetic adjustment; it’s an attempt to rewrite a fundamental legal relationship. Rule 108 and RA 9255 sit at the center of this issue: one governs how records can be corrected, and the other how an illegitimate child can use the father’s surname through acknowledgment. Undoing what RA 9255 has enabled — or altering any filiation recorded in the civil registry — almost always requires a full court process, careful respect for due process, and very solid proof.