Legitimation

Release Date:
Monday, January 2, 2012

Who are legitimate children?

Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the
separation of the spouses shall be presumed to be legitimate. (Art. 225, Civil of the Philippines).

Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor are likewise legitimate children of the husband
and his wife, provided that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the
child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (Art. 164, Family Code of the Philippines).

Is the child considered legitimate although the mother may have declared against its legitimacy?

The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167,
Family Code of the Philippines)

What are the rights of legitimate children?

Legitimate children shall have the right :

1. To bear the surnames of the father and the mother:

2. To receive support from them, from their ascendants, and in a proper case, from their brothers and sisters, in conformity with article 291 and,
3. To the legitimate and other successional rights which this Code recognize in their favor. (Art. 263, Civil Code of the Philippines)

Does the practice of some Filipino Muslim of using the first name of the father as the family name of the children violate the provisions on the use of
surnames?

Legitimate child have the right to bear the surname of the father and of the mother. (Art. 62(a) of P.D. 1083 (Code of Muslim Personal Law of the Philippines).

The provisions of the law governing use of surnames were formulated in order to avoid confusion in the use of surnames, and to settle doubts on their proper use
(Report of Code Commission, p51, cited in Tolentino, supra, p.721), we are unable to find any provision in the Muslim Code or the Civil Code which would authorize
the use of the name as the family name of surname of the children of Muslim parents, for purposes of registration, especially in accomplishing the Certificate of
Live Birth (Mun. Form No.102).

Accordingly, unless the law is amended to reflect the alleged tradition or practice, the children should bear the family or surname of their father for registration
purposes. (Opinion No. 112, Series of 1985, from the Minister of Justice Estelto P. Mendoza)

Who are illegitimate children?

Children conceived and born out a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, F.C.)

Who are considered illegitimate children?

The following are illegitimate children :

1. Children born to couples who are not legally married or of common-law marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
6. Children born of couples below 18, whether they are married (which married is void) or not; and,
7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

What is the rule on the registration of births of illegitimate children who were born prior to August 3, 1988?

Illegitimate children as defined under the Civil Code of the Philippines who were born prior to August 3, 1988 and whose births were not previously registered
shall be registered under the following rules in addition to those provided for delayed registration of births;

1. Recognition or acknowledgement of an illegitimate child may be made jointly by the father and mother or by only one of them (Art. 276, C.C.) When the
father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he
or she state any circumstance whereby the other parent may be identified (Art. 280, C.C.)
2. An illegitimate child has the right to bear the surname of the parent recognizing him (par. 1, Art. 282, C.C.) However, an illegitimate child who is not
recognized or acknowledged by both parents in accordance with law shall be registered under the surname of the mother (Opinion No. 147 s. 1986, Minister
of Justice)
3. Recognition shall be made in the record of birth, a will, statement before a record, or in any authentic writing (Art. 278, C.C.). If made on record of birth at the
time of registration the affidavit of acknowledgement printed at the back of the certificate of live birth shall be signed and sworn to jointly by the parents of
the illegitimate child, or only by the mother if the father refuses (Sec. 5, Act No. 3753).

May an illegitimate child born on or after August 3, 1988 carry the surname of the father if the father executed an affidavit of admission of paternity?

Illegitimate children born on or after August 3, 1988 shall use the surname of the mother. (Section 1 OCRG Circular No.4 dated October 11, 1988).

The father of an illegitimate child who wishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of
Paternity in lieu of the affidavit of acknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not
entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dated October 11, 1988)

What is the rule on the registration of births illegitimate children who were born on August 3, 1988 and thereafter?

The following rules shall govern the registration of illegitimate children who were born on August 3, 1988 and thereafter:

1. An illegitimate child shall use the surname of his mother (Art. 176, F.C.) regardless of whether or not his father admits paternity (opinion of Civil Code
Revision Committee, September 23, 1988).
2. The name of the father of the illegitimate child may be indicated on the birth certificate of the latter whenever the former executes an affidavit of admission
of paternity, provided that such affidavit shall not affect the naming of the illegitimate child (opinion of the Civil Code Revision Committee, September 23,
1988)
3. The affidavit mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birth
certificate of the illegitimate child. The birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with
a rubber stamp at the upper left-hand margin and duly signed by the local civil registrar or authorized civil registry personnel.
4. Illegitimate children falling under this classification who were not registered within the prescribed period of registration shall comply with the requirement of
delayed registration of births. (Section 4 Circular No. 89-13 dated 17 July 1989)

What consist the full name of an individual?

The full name of an individual consists of a first or given name, a middle name which is the mother's maiden surname and the last name which is generally the
father's surname. Entries of names in the birth certificate should, as much as possible and legally permissible, follow the above convention. (I.M. p 14)

Is it permissible to leave the first name of the child blank in case the parents cannot decide on the name yet?

If until registration the parents are not decided on the first name for the child, write only the middle and last name but never write "Baby Boy or Baby Girl". Entries
such as "Jr." of "II" affixed to an individual's first name to distinguish him from an ascendant of the same name are acceptable as added identification. (I.M. p. 14-
15).

What are the rules in making the entry of the last name of a child?

 For a child born to a legally married couple, write the last name of father ;
 For a child born to a mother who is not married during a pregnancy and at the time of birth, the following rules shall apply:
1. If the child was born on or after 3 August 1988, write the last name of the mother.
2. If the child was born before 3 August 1988:
o Enter the last name of the father if both parents execute the Affidavit of Acknowledgement at the back of the Certificate of Live Birth.
o Enter the last name of the acknowledging parent if either the father or the mother alone acknowledges the child. In this case, no information should
lead to the identity of the parent not acknowledging the child, that is, the space provided for the information about the parent must have "Not
Applicable" or "N.A." as entry".
o If no parent acknowledges the child, enter the last name of the mother (I.M. p. 15-16)

What is the rule in the registration of the place of birth?

1. For births that occur in hospital, clinic or institution, write the complete name and address of the hospital or institution.
2. For births that did not occur in any of the above institution, write the complete address where the birth occurred. (I.M. p. 17)

Is it important to indicate the date and place of the marriage of the parents in the certificate of live birth?

It is extremely important that this item (Item 18) is not left blank, otherwise, the legitimacy of the child will be questioned.

If the parents have forgotten the exact date of their marriage, enter the approximate year. If they cannot approximate the year, enter "forgotten".

Enter "Not Applicable" if the child has unknown father or mother.

Enter "Unknown", "Don't Know" or "D.K." if the informant could not supply the information.

Enter "Not Married" if the parents of the child are not legally married on or before the birth of the child and their names appeared in Item 6 and Item 13. (I.M. p.
24-25)

What is the implication if Item 22 (Received at the Office of the Civil Registrar) is not signed by the receiver?

The signature affixed in this item indicates that the certificate was filed and accepted by the civil registrar. The date indicates whether the birth certificate was filed
within the reglementary period.

The absence of the necessary signature in Item 22 can be a basis for questioning the validity of the certificate. (I.M. p.27)

What is meant by an “Out-of-town Reporting of Birth”?

An out-of-town reporting of birth occurs when the Certificate of Live Birth is presented to the civil registrar of a city or municipality which is not the place of birth,
not for registration but to be forwarded to the civil registrar of the city or municipality where the birth occurred and where it should be registered.

The duty of accepting Certificate of Live Birth for out-of-town reporting by the concerned civil registrar may also be performed by the Civil Registrar-General of by
his authorized representatives who are the Regional Administrators and Provincial Statistics Officers of the Philippine Statistics Authority. (Rule 20, A.O. No. 1 s
1993).

What are the requirements to be complied with by the concerned parties in the out-of-town reporting of birth?

1. The party who is applying for out-of-town reporting of birth shall execute an affidavit declaring therein, among other things, the facts of birth and the reasons
why said birth was not recorded in the civil registrar of the city or municipality where it occurred. The affidavit which must be attested by at least two (2)
witnesses, shall serve as an application for registration shall be submitted to the civil registrar together with four (4) copies of the Certificate of Live Birth;
2. If the application is for delayed registration of birth, the requirements under the rules governing delayed registration of birth shall also be complied with;
3. The civil registrar or the authorized representative of the Philippine Statistics Authority to the application for out-of-town reporting is presented may require
from the applicant such other supporting papers as may be considered necessary in establishing the facts of birth especially those pertaining to the date and
place of birth and filiation of the child whose birth is being sought for registration;
4. The Certificate of Live Birth, for the purpose of this Rule, shall have the marginal annotation in the form of the following remark : "Registered pursuant to
Rule 20 of the Administrative Order No. 1, s. 1993" ; and,
5. The civil registrar of the city or municipality where the out-of-town reporting is sought, upon receipt of the Certificate of Live Birth and pertinent papers, shall
proceed with the registration. He shall indicate the date when he received the document, and shall sign over his printed name in appropriate space in the
Certificate of Live Birth. When the Certificate of Live Birth has been duly recorded and assigned a registry number, the civil registrar shall send back the
original copy to the civil registrar or the authorized representative of the Philippine Statistics Authority who forwarded the Certificate of Live Birth, who in
turn shall give the copy bearing the registry number to the registrant. (Rule 20, A.O. Order No. 1 S. 1993)

What is the legitimation and who can be legitimated?

1. Legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are, by fiction,
considered legitimate, it being supposed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook
on Family Code of the Philippines, Alicia V. Sempio-Diy).
2. Only children conceived and born outside of wedlock of parents who at the time of the conception of the former, were not disqualified by any impediments
to marry each other, may be legitimated. (Art. 177, Family Code)
3. Legitimation of children by subsequent marriage of parents shall be recorded in the civil registry office of the place where the birth was recorded. The
requirements for registration of legitimation of illegitimate children are:

a) Certificate of Marriage;

b) Certificate of Live Birth of the child;

c) Acknowledgement (not required for illegitimate children born on or after 3 August 1988);

d) Affidavit of legitimation executed by both parents which shall contain the following facts:

(1) the names of the parents;

(2) that at the time when child was conceived, the aforesaid parents could have contracted marriage, and that they
subsequently contracted marriage,

(3) the date and place when such marriage was solemnized;

(4) the name of the officer who officiated the marriage;

(5) the city or municipality where such marriage was recorded;

(6) the name of the child to be legitimated, and the other facts of birth;

(7) the date and place where the birth of the child was registered; and

(8) the manner by which the child was acknowledged by the parents which may be in the child’s record of birth, in a will, a
statement before a court of record, or in any authentic writing (not required for illegitimate children born on or after 3
August 1988).

4. For a child to be considered legitimated by subsequent marriage, it is necessary that:

o the parents could have legally contracted marriage at the time the child was conceived ;
o that the child has been acknowledged by the parents before or after the celebration of their marriage ; and
o the acknowledgement has been made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the
certificate before a court of record, or in any authentic writing.

The original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written "Legitimated by
Subsequent Marriage" indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar
of Legal Instruments.

When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation
"Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)" or a certified transcription using standard form from the
Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993)

How does legitimation take place?

Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation (Art. 178,
Family Code of the Philippines).

Republic of the Philippines

Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session
 Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.

Republic Act No. 9255 February 24 2004

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"

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to
read as follows:

"Article 176. 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 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."

SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, rules and regulations, which are
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 was finally passed by the House of
Representatives and the Senate on January 21, 2004 and February 4, 2004, respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: February 24 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

8.1 As a rule, an illegitimate child not acknowledged by the father shall use the surname of the mother. ... 8.5
Upon reaching the age of majority, an illegitimate child acknowledged by the father shall use the surname of his
father provided that he executes an AUSF without need of any attestation.” Hun 29, 2018
Republic Act No. 9255
ADMINISTRATIVE ORDER NO. 1
Series of 2016

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.

9255 (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")

As mandated by Republic Act No. 10625, the Civil Registrar General

promulgates the Revised Implementing Rules and Regulations of Republic
Act No. 9255 based on the Supreme Court Ruling in the case of "Grande vs .
Antonio ", G.R. 206248 dated February 18, 2014.

Rule 1. Coverage

This Revised Implementing Rules and Regulations shall apply to all

illegitimate children born during the effectivity of R.A. No. 9255 ;

Rule 2. Definition of Terms

As used in this Revised Implementing Rules and Regulations , the following

terms shall mean:

2.1 Public Document refers to the Affidavit of Admission of Paternity and

other public documents enumerated under Memorandum Circular 04-12
dated October 18, 2004 attached as Annex A.

2.2 Private Handwritten Instrument is an instrument in the handwriting of

the father and duly signed by him where he expressly recognizes the
paternity of the child during his life.time.
2.3 Affidavit to Use the Surname of the Father (AUSF) is an instrument
executed in order to use the surname of the father . The AUSF is a
registrable document.

2.4 Local Civil Registry Office (LCRO) is a department in the city or

municipal government mandated to perform civil registration functions .

2.5 Philippine Foreign Service Post (PFSP) refers to all Philippine embassies
, missions , consulates general and other foreign service establishments
maintained by the Department of Foreign Affairs

(Section 5[k] of Republic Act No. 7157 (An Act Revising Republic Act No.
708, as amended).

As used in this Revised Implementing Rules and Regulations, the PFSP shall
refer only to Embassies and Consulates General of the Philippines abroad.
The Embassy is headed by an Ambassador while the Consulate General is
headed by a Consul General. The Ambassador is the head of the PFSP while
a Consulate General is headed by the Consul General who has also Consul
and/or Vice Consul to assist him in the performance of the consular
functions. An Embassy has a Consular Section and this is under the Consul
General who supervises the consular functions of the Embassy.

2.6 The Civil Registrar General (CRG) is the head of the Philippine
Statistics Authority who has the power to issue orders and
instructions to the Local Civil Registrars regarding the performance of their
duties.

2.7 Guardian refers to a person lawfully invested with the power, and
charged with the duty, of taking care of one who, for defect of age,
understanding, or self control , is considered incapable of administering his
own affairs . The term "guardian " also refers to those authorized to
exercise substitute parental authority over the child in default of parents
or a judicially-appointed guardian (Title IX, Family Code). Those exercising
substitute parental authority are the following :
1) The surviving grandparent, as provided in Article 214, Family Code of
the Philippines;

2) The oldest brother or sister, over 21 years of age, unless unfit or

disqualified (Article 216(2), Family Code; and

3) The child's actual custodian , over 21 years of age , unless unfit or

disqualified , as provided in Article 216(3), Family Code of the
Philippines.

2.8 Certificate of Live Birth (COLB) or Municipal Form No. 102 is the
prescribed form used for the declaration of facts and circumstances
surrounding the birth of a person for purposes of registration.

2.9 Report of Birth (ROB) is the prescribed form used for the declaration
of facts and circumstances surrounding the birth of a person born abroad to
Filipino parentis for purposes of registration .

Rule 3. What to File

The following documents shall be filed at the LCRO or PFSP for registration :

3.1 Affidavit of Admission of Paternity

3.2 Private Handwritten Instrument

3.3 Affidavit to Use the Surname of the Father

Rule 4. Who may file

The following persons are authorized to file at the LCRO or PFSP:

4.1 The father , mother, the person himself , if of age, or the guardian,
may file the Affidavit of Admission of Paternity.
4.2 The father , mother, the person himself, if of age, or the guardian ,
may file the Affidavit to Use the Surname of the father .

4.3 The father shall personally file the Private Handwritten Instrument
(PHI) , if the proof of filiation is through a PHI, at the LCRO/PFSP for
registration.

The mother , the person himself, if of age, or the guardian , may file the
PHI if the father is already deceased. The PHI can be accepted provided
there are supporting documents to prove filiation .

Rule 5. Where to register

For births that occur in the Philippines , the Affidavit of Admission of

Paternity , Private Handwritten Instrument or Affidavit to Use the Surname
of the Father executed in the Philippines shall be registered at the LCRO of
the place of birth.

For births that occur within or outside the Philippines, the Affidavit of
Admission of Paternity , Private Handwritten Instrument or Affidavit to
Use the Surname of the Father executed outside the Philippines shall be
registered at the PFSP of the country of residence , or where there is
none, to the PFSP of the country nearest the place of residence of
the party concerned.

For births that occur outside the Philippines, the Affidavit of Admission of
Paternity, Private Handwritten Instrument, or Affidavit to Use the Surname
of the Father executed in the Philippines shall be registered at the Local
Civil Registry Office of the place of execution .

Rule 6. When to Register

The Affidavit of Admission of Paternity , Private Handwritten Instrument,

or the Affidavit to Use the Surname of the Father shall be registered within
twenty (20) days from the date of execution. Otherwise , the rules on
delayed registration under Administrative Order No. 1, Series of 1993 (IRR of
Act. No. 3753 and Other Laws on Civil Registration) shall apply.

Rule 7. How to Register

7.1 The City/Municipal Civil Registrar (C/MCR), Consul General , Consul, or

Vice Consul shall examine the completeness and correctness of entries in
the Certificate of Live Birth (COLB)/Report of Birth (ROB) , and the
supporting documents . If there are inconsistencies , the C/MCR, Consul
Genera l, Consul , or Vice Consul, shall not accept the documents for
registration .

7.2 Accept the following documents for registration :

• COLB/ROB
• Affidavit of Admission of Paternity
• Private Handwritten Instrument
• Affidavit to Use the Surname of the Father

7.3 Record the entries of the COLB/ROB in the Register of Births, Affidav it
of Admission of Paternity , Private Handwritten Instrument and the
Affidavit to Use the Surname of the Father in the Register of Legal
Instruments .

7.4 Annotate the COLB/ROB and enter the annotation on the Remarks
portion of the Register of Births.

7.5 Distribute the annotated COLB/ROB , registered Affidavit of Admission

of Paternity , Affidavit to Use the Surname of the Father, or Private
Handwritten Instrument including any supporting document as follows:
• first copy to the CRG;
• second copy to the LCRO/PFSP where the event was registered;
• third copy to the registrant/owner of the document;
• fourth copy shall be retained for filing by the LCRO/PFSP.
7.6 Issue certified copies of COLB/ROB or certified transcription (LCR Form
1A) with annotations and cert ified copies of the Affidavit of Admission of
Paternity, AUSF, and Private Handwritten Instrument.

Rule 8. Effects of Recognition

8.1 As a rule, an illegitimate child not acknowledged by the father shall

use the surname of the mother.

8.2 Illegitimate child acknowledged by the father shall use the surname of
the mother if no AUSF is executed.

8.3 An illegitimate child aged 0-6 years old acknowledged by the father
shall use the surname of the father, if the mother or the guardian , in the
absence of the mother , executes the AUSF.

8.4 An illegitimate child aged 7 to 17 years old acknowledged by the

father shall use the surname of the father if the child executes an AUSF
fully aware of its consequence as attested by the mother or guardian .

8.5 Upon reaching the age of majority , an illegitimate child

acknowledged by the father shall use the surname of his father
provided that he executes an AUSF without need of any attestation .

Rule 9. Annotations

9.1 For births not yet registered:

9.1.1 Without Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity at the back of the COLB is executed

and there is no AUSF executed by the mother or the person himself , the
child shall be registered under the surname of the mother. There shall be no
annotation on the COLB. However, there shall be annotation on the
Remarks Column of the Register of Births as follows:
"Acknowledged by (name of father) on (date of execution of the Affidavit of
Admission of Paternity)."

b. If a separate Affidavit of Admission of Paternity is executed and there is

no AUSF executed by the mother or the person himself, the child shall be
registered under the surname of the mother. There shall be an annotation
on the COLB/ROB and on the Remarks Column of the Register of Births as
follows:

"Acknowledged by (name of father) on (date of execution of the Affidavit of

Admission of Paternity) under (Registry No. of the Affidavit of Admission of
Paternity)."

c. If a Private Handwritten Instrument is executed and there is no AUSF

executed by the mother or the person himself, the child shall be
registered under the surname of the mother . There shall be an
annotation on the COLB/ROB and on the Remarks Column on the
Register of Births as follows:

"Acknowledged by (name of father) under (Registry No. of the Private

Handwritten Instrument)."

9.1.2 With Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity at the back of the COLB is executed

and an AUSF is executed by the mother or the guardian, in the absence of
the mother, or the person himself , the child shall be registered under the
surname of the father . There shall be no annotation on the COLB. However
, there shall be annotation on the Remarks Column of the Register of Births
as follows :

"Acknowledged by (name of father) on (date of execution of the Affidavit of

Admission of Paternity) pursuant to RA 9255. "
b. If Affidavit of Admission of Paternity is executed in a separate public
document , and an AUSF is executed by the mother or the guardian , in the
absence of the mother, or the person himself , the child shall be registered
under the surname of the father. There shall be an annotation on the
COLB/ROB and on the Remarks Column of the Register of Births as follows:

"Acknowledged by (name of father) on (date of execution of the Affidavit of

Admission of Paternity) under (Registry No. of the Affidavit of Admission of
Paternity)" pursuant to RA 9255."

c. If a Private Handwritten Instrument is executed and an AUSF is executed

by the mother or the guardian, in the absence of the mother or the person
himself , the child shall be registered under the surname of the father.
There shall be an annotation on the COLB/ROB and on the Remarks Column
of the Register of Births as follows:

"Acknowledged by (name of father) under (Registry No. of the Private

Handwritten Instrument)" pursuant to RA 9255. "

9.2 For births previously registered under the surname of the mother and
not acknowledged by the father

9.2.1 Without Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity is executed in a separate public

document and there is no AUSF executed by the mother or the guardian ,
in the absence of the mother, or the person himself , the COLB/ROB
and on the Remarks Column of the Register of Births shall be annotated
as follows :

"Acknowledged by (name of father) on (date of execution of the Affidavit of

Admission of Paternity) under (Registry No. of the Affidavit of Admission
of Paternity) ."
b. If a Private Handwritten Instrument is presented and there is no AUSF
executed by the mother or the guardian , in the absence of the mother ,
or the person himself , the COLB/ROB and on the Remarks Column of the
Register of Births shall be annotated as follows:

"Acknowledged by (name of father) under (Registry No. of the Private

Handwritten Instrument)."

9.2.2. With Affidavit to Use the Surname of the Father

a. If Admission of Paternity is executed in a separate public document ,

and an AUSF is executed by the mother or the guardian , in the absence
of the mother , or the person himself , the child shall use the surname
of the father . There shall be an annotation in the COLB/ROB and on the
Remarks Column of the Register of Births as follows :

"Acknowledged by (name of father) on (date of ex ecution of the Affidavit

of Admission of Paternity) under (Registry No. of the Affidavit of Admission
of Paternity). The child shall be known as (full name of the child) pursuant
to RA 9255."

b. If a Private Handwritten Instrument is presented and an AUSF is executed

by the mother or the guardian , in the absence of the mother , or the
person himself, the child shall use the surname of the father . There shall
be an annotation on the COLB/ROB and on the Remarks Column of the
Register of Births as follows:

"Acknowledged by (name of father) under (Registry No of the Private

Handwritten Instrument)." The child shall be known as (full name of the
child) pursuant to RA 9255."

9.3 For births previously registered using the surname of the mother and
the child is acknowledged by the father

9.3.1 With Affidavit to Use the Surname of the Father

If the AUSF is executed by the mother or the guardian , in the absence of
the mother , or the person himself , the child shall use the surname of the
father. There shall be an annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows :

''The child shall be known as (full name of the child) pursuant to RA 9255."

Rule 10. Separability Clause

If any provision of this Revised Implementing Rules and Regulations is

declared void or unconstitutional , the remaining portions or provisions
thereof shall not be affected by such declaration .

Rule 11. Repealing Clause

All circulars , memoranda , rules and regulations or parts thereof

inconsistent with the provisions of this Revised Implementing Rules and
Regulations are hereby repealed or modified accordingly.

Rule 12. Effectivity

This Revised Implementing Rules and Regulations shall take effect 15 days
after its publication in a newspaper of general circulation in the Philippines
.

Approved this 22nd of March 2016.

LISA GRACE S. BERSALES, Ph.D.

National Statistician and Civil Registrar General
CASE DIGEST: GRACE M. GRANDE, Petitioner,v. PATRICIO T. ANTONIO,Respondent.

FACTS: Petitioner Grace Grande (Grande) and respondent Patricio Antonio (Antonio) for a period of
time lived together as husband and wife, although Antonio was at that time already married to someone
else. Out of this illicit relationship, two sons were born: Andre Lewis and Jerard Patrick, both minors. The
children were not expressly recognized by respondent as his own in the Record of Births of the children in
the Civil Registry. The parties relationship, however, eventually turned sour, and Grande left for the
United States with her two children. This prompted respondent Antonio to file a Petition for Judicial
Approval of Recognition with Prayer to take Parental Authority, Parental Physical Custody,
Correction/Change of Surname of Minors and for the Issuance of Writ of Preliminary Injunction,
appending a notarized Deed of Voluntary Recognition of Paternity of the children.

The RTC held in favor of Antonio, ordering the Office of the City Registrar to cause the entry of the name
of Antonio as the father of the aforementioned minors in their respective Certificate of Live Birth and
causing the correction/change and/or annotation of the surnames of said minors in their Certificate of
Live Birth from Grande to Antonio; granting the right of parental authority over the minors; granting the
primary right and immediate custody over the minors; and ordering Grande to immediately surrender the
persons and custody of the minors to Antonio.

Aggrieved, petitioner Grande moved for reconsideration. However, her motion was denied by the trial
court.

Petitioner Grande then filed an appeal with the CA attributing grave error on the part of the RTC for
allegedly ruling contrary to the law and jurisprudence respecting the grant of sole custody to the mother
over her illegitimate children.

The CA modified in part the Decision of the RTC, directing the Offices of the Civil Registrar General and
the City Civil Registrar of Makati City to enter the surname Antonio as the surname of the minors in their
respective certificates of live birth, and record the same in the Register of Births; ordering Antonio to
deliver the custody to their mother; Antonio shall have visitorial rights upon Grandes consent; parties are
directed to give and share in support of the minor children.

The appellate court, however, maintained that the legal consequence of the recognition made by
respondent Antonio that he is the father of the minors, taken in conjunction with the universally protected
"best-interest-of-the-child" clause, compels the use by the children of the surname "ANTONIO."

Not satisfied with the CAs Decision, petitioner Grande interposed a partial motion for reconsideration,
particularly assailing the order of the CA insofar as it decreed the change of the minors surname to
"Antonio." When her motion was denied, petitioner came to this Court via the present petition.

ISSUE:

Has the father the right to compel the use of his surname by his illegitimate children upon
his recognition of their filiation?

HELD: Art. 176 of the Family Code, originally phrased as follows: "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. The legitime of each illegitimate child shall consist of one-half of the legitime
of a legitimate child. Except for this modification, all other provisions in the Civil Code governing
successional rights shall remain in force."

This provision was later amended on March 19, 2004 by RA 9255 which now reads:

Art. 176. 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 their father through the
record of birth appearing in the civil register, or when an admission in a public document or 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.

The general rule is that an illegitimate child shall use the surname of his or her mother. The exception
provided by RA 9255 is, in case his or her filiation is expressly recognized by the father through the record
of birth appearing in the civil register or when an admission in a public document or private handwritten
instrument is made by the father. In such a situation, the illegitimate child may use the surname of the
father.

In the case at bar, respondent filed a petition for judicial approval of recognition of the filiation of the two
children with the prayer for the correction or change of the surname of the minors from Grande to
Antonio when a public document acknowledged before a notary public under Sec. 19, Rule 132 of the
Rules of Court is enough to establish the paternity of his children. But he wanted more: a judicial
conferment of parental authority, parental custody, and an official declaration of his childrens surname as
Antonio.

Art. 176 gives illegitimate children the right to decide if they want to use the surname of their father or
not. It is not the father (herein respondent) or the mother (herein petitioner) who is granted by law the
right to dictate the surname of their illegitimate children.

Nothing is more settled than that when the law is clear and free from ambiguity, it must be taken to mean
what it says and it must be given its literal meaning free from any interpretation.Respondents position
that the court can order the minors to use his surname, therefore, has no legal basis.

On its face, Art. 176, as amended, is free from ambiguity. And where there is no ambiguity, one must abide
by its words. The use of the word "may" in the provision readily shows that an acknowledged illegitimate
child is under no compulsion to use the surname of his illegitimate father. The word "may" is permissive
and operates to confer discretion upon the illegitimate children.

***

An argument, however, may be advanced advocating the mandatory use of the fathers surname upon his
recognition of his illegitimate children, citing the Implementing Rules and Regulations (IRR) of RA 9255.

An administrative issuance cannot amend a legislative act. In MCC Industrial Sales Corp. v. Ssangyong
Corporation, G.R No 170633, October 17, 2007 We held:

After all, the power of administrative officials to promulgate rules in the implementation of a statute is
necessarily limited to what is found in the legislative enactment itself. The implementing rules and
regulations of a law cannot extend the law or expand its coverage, as the power to amend or repeal a
 statute is vested in the Legislature. Thus, if a discrepancy occurs between the basic law and an
implementing rule or regulation, it is the former that prevails, because the law cannot be broadened by a
mere administrative issuance an administrative agency certainly cannot amend an act of Congress.

To conclude, the use of the word "shall" in the IRR of RA 9255 is of no moment. The clear, unambiguous,
and unequivocal use of "may" in Art. 176 rendering the use of an illegitimate fathers surname
discretionary controls, and illegitimate children are given the choice on the surnames by which they will
be known.

llegitimate Children to Use the Surname of their Father (RA NO. 9255)
REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate Children to Use the Surname of
their Father, Amending for the Purpose Article 176 of Executive Order 209 Otherwise
known as the Family Code of the Philippines).
Article 176 expressly provides that illegitimate children shall use the surname of the
mother and shall be under the parental authority of their mother. This provision is
amended by R.A. No. 9255 as follows:
“Article 176. 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 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.
The law applies to illegitimate children whose births are either not yet registered or were
previously registered under the surname of the mother whether born before or after the
affectivity of R.A. 9255. Specifically, this law applies to illegitimate children born on or
after August 3, 1988.
 Requirements for the Child to use the Surname of the Father
o Submit four (4) copies of the duly accomplished Certificate of Live Birth to the LCR
o Affidavit to Use the Surname of the Father (AUSF)
o Valid ID of both parents
o Consent of the child, if 18 years old and over at the time of the filing of the document
o Any two (2) of the following documents showing clearly the paternity between the father
and the child:
 Employment records
 SSS/GSIS records
 Insurance
 Certification of membership in any organization
 Statement of Assets and Liabilities
 Income Tax Return (ITR)
 Fees: P 200.00