My fiance and I are preparing our requirements for our religious wedding in November of next year. It was only now that he found out that he had his mother’s last name as the last name on his live birth certificate. His baptismal certificate and school records reflect his father’s last name, however, and he never really got hold of his birth certificate until recently, so he always used his last name. father. Her parents were never married, but they remain courteous to each other to this day. His aunt said he could simply go to Pasig, the town where he was born, and submit the private handwritten deed made by his father where he is recognized so that his father’s last name is on his birth certificate, but the civil registrar said he had to go to court because he was born in 2001. Thank you for enlightening us.
The law of the Republic (RA) 9255 allows illegitimate children to use their father’s name if the latter has recognized them:
“Section 1. Section 176 of Executive Decree No. 209, also known as the Family Code of the Philippines, is amended as follows:
“Article 176. Illegitimate children bear the name and are placed under the parental authority of their mother and are entitled to alimony in accordance with this code. However, illegitimate children can use their father’s family name if their parentage has been expressly recognized by the father through the birth certificate appearing in the civil registry, or when an admission in a public document or document private manuscript is made by the father. xxx ”(We underline)
Under the revised Rules and Implementing Regulations of RA 9255 (Administrative Order 1, 2016 Series, Statistical Authority of the Philippines), it is stated that:
“For births that take place in the Philippines, the Affidavit of Admission of Paternity, Private Handwritten Document or Affidavit of Use of Father’s Last Name Executed in the Philippines must be registered with the LCRO of the place of birth. . xxx ”(Rule 5, Id.)
But it should be noted that the aforementioned rules can only be invoked by persons born on or after March 19, 2004, when RA 9255 is already in force, as provided for in rule 1 of the revised implementing rules and regulations of the says the law that:
“These revised implementing rules and regulations apply to all illegitimate children born during the entry into force of Law No. 9255.”
In view of the above, we submit that your fiancé cannot simply submit the private handwritten deed that was executed by his father to the civil registry if he wants to legally use his father’s last name, and so that this is reflected in his birth certificate as he is not covered by RA 9255 having been born in 2001, years before the entry into force of the said law. He must file a lawsuit because under article 412 of the New Civil Code, “[n]o registration in the civil status is modified or rectified without a court decision.
We hope we have been able to answer your questions. This advice is based solely on the facts you have related and our assessment of them. Our opinion may vary when other facts are changed or developed.
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