Republic Act No.

9255
and its Implementing Rules and
Regulations

Manual of Instructions

National Statistics Office

Office of the Civil Registrar General
Manila

1
FOREWORD

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”) was approved by Her Excellency Gloria Macapagal Arroyo on
February 24, 2004. To implement the said law, the Office of the Civil Registrar General promulgated
Administrative Order No.1, Series of 2004, otherwise known as its Implementing Rules and
Regulations (IRR) on May 14, 2004.

To ensure the uniform implementation and interpretation of the law and its IRR, the Office of
the Civil Registrar General also prepared this Manual of Instructions primarily for the use of the civil
registrars. This Manual contains the concepts and definition of terms, procedures for specific cases,
and illustrations that will serve as guide in the performance of functions as a result of the said law.

As civil registrars, your role is of prime importance in the discharge of your duties with
efficiency, effectiveness, accuracy and integrity. Your commitment will expectedly redound to the
benefit of all illegitimate children in our country.

CARMELITA N. ERICTA
Civil Registrar General

Manila, Philippines
July 2004

2
IRR and Manual of Instructions
Committee

Carmelita N. Ericta
Chairman

Lourdes J. Hufana
Vice- Chairman

Members
Minerva Eloisa P. Esquivias
Patricia Inez P. Estaniel
Clemente S. Manaog
Ledesma L. Morante
Editha R. Orcilla
Maribeth C. Pilimpinas

Secretariat
Albert A. Acosta
Janet F. Baclao

3
Table of Contents
FOREWORD............................................................................................................................................. 2
Chapter 1. INTRODUCTION..................................................................................................................6
Chapter 2. CONCEPTS AND DEFINITIONS......................................................................................... 7
Public Document................................................................................................................................... 7
Private Handwritten Instrument............................................................................................................ 7
Local Civil Registry Office (LCRO) 4.................................................................................................7
Office of the Civil Registrar General (OCRG)..................................................................................... 7
Affidavit to Use the Surname of the Father (AUSF).............................................................................8
Guardian................................................................................................................................................ 8
Filiation................................................................................................................................................. 8
Paternity.................................................................................................................................................8
Chapter 3. PROCEDURES IN PROCESSING OF DOCUMENTS........................................................ 9
A. For births not yet registered..............................................................................................................9
Case 1. Child was born in the Philippines and the admission of paternity is executed at the back
of Certificate of Live Birth (COLB).................................................................................................9
Case 2. Child was born outside the Philippines and the admission of paternity is executed at the
back of COLB/Report of Birth (RB)................................................................................................ 9
Case 3. Child was born in the Philippines and a separate public document was executed in the
Philippines........................................................................................................................................ 9
Case 4. Child was born in the Philippines and a separate public document was executed outside
the Philippines................................................................................................................................ 10
Case 5. Child was born outside the Philippines and a separate public document was executed in
or outside the Philippines................................................................................................................10
Case 6. Child was born in the Philippines and the admission of paternity was made in a private
handwritten instrument and the AUSF was executed in the Philippines........................................11
Case 7. Child was born in the Philippines and the admission of paternity was made in a private
handwritten instrument and the AUSF was executed outside the Philippines............................... 11
Case 8. Child was born outside the Philippines and the admission of paternity was made in a
private handwritten instrument and the AUSF was executed in or outside the Philippines...........12
B. For births previously registered under the surname of the mother................................................. 12
B.1. With registered admission of paternity.................................................................................. 12
Case 1. Child was born in the Philippines, the admission of paternity was executed at the back of
and the AUSF was executed in the Philippines.............................................................................. 13
Case 2. Child was born in the Philippines, the admission of paternity was executed at the back of
and the AUSF was executed outside the Philippines......................................................................13
Case 3. Child was born outside the Philippines, the admission of paternity was executed at the
back of COLB/RB and the AUSF was executed in or outside the Philippines.............................. 13
Case 4. Child was born in the Philippines, a separate public document was executed in or outside
the Philippines and the AUSF was executed in the Philippines..................................................... 14
Case 5. Child was born in the Philippines, a separate public document was executed in or outside
the Philippines and the AUSF was executed outside the Philippines.............................................14
Case 6. Child was born outside the Philippines, the public document was executed in or outside
the Philippines and the AUSF was executed in or outside the Philippines.................................... 15
Case 7. Child was born in the Philippines, the admission of paternity was made in a private
handwritten instrument and the AUSF was executed in the Philippines........................................15

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 Case 8. Child was born in the Philippines, the admission of paternity was made in a private
handwritten instrument and the AUSF was executed outside the Philippines............................... 16
Case 9. Child was born outside the Philippines and the admission of paternity was made in a
private handwritten instrument and the AUSF was executed in or outside the Philippines...........16
B.2. Without admission of paternity (In all cases, the consent of the child is required if the child
is of age)......................................................................................................................................... 16
Case 1. Child was born in the Philippines, a separate public document and the AUSF are to be
executed in the Philippines............................................................................................................. 17
Case 2. Child was born in the Philippines, a separate public document is to be executed in the
Philippines and the AUSF is to be executed outside the Philippines............................................. 17
Case 3. Child was born in the Philippines, a separate public document is to be executed outside
the Philippines and the AUSF is to be executed in the Philippines................................................18
Case 4. Child was born in the Philippines, a separate public document and AUSF are to be
executed outside the Philippines.....................................................................................................18
Case 5. Child was born outside the Philippines, a separate public document and the AUSF is to be
executed in or outside the Philippines............................................................................................ 19
Case 6. Child was born in the Philippines, the admission of paternity was done in a private
handwritten instrument and the AUSF is to be executed in the Philippines.................................. 19
Case 7. Child was born in the Philippines, the admission of paternity was done in a private
handwritten instrument and the AUSF is to be executed outside the Philippines.......................... 20
Case 8. Child was born outside the Philippines, the admission of paternity was done in a private
handwritten instrument and the AUSF is to be executed in or outside the Philippines..................20
Chapter 4. SUBMISSION OF DOCUMENTS TO THE OCRG............................................................21
Chapter 5. ISSUANCE OF DOCUMENTS........................................................................................... 22
Chapter 6. ACCOMPLISHMENT OF AUSF.........................................................................................23
A. General Instructions........................................................................................................................23
B. Specific Instructions....................................................................................................................... 23
Appendix 1. AUSF Form......................................................................................................................... 26
Appendix 2. R.A. No. 9255.................................................................................................................... 28
Appendix 3. ADMINISTRATIVE ORDER NO.1 SERIES OF 2004.................................................... 31
Appendix 4. RULE 25 ADMINISTRATIVE ORDER NO.1 SERIES OF 1993................................... 37
Appendix 5. Circular No. 96-2A.............................................................................................................40
Appendix 6. ILLUSTRATION OF CASES............................................................................................ 43
Illustration 1........................................................................................................................................ 45
Illustration 2........................................................................................................................................ 48
Illustration 3........................................................................................................................................ 50
Illustration 4........................................................................................................................................ 52
Illustration 5........................................................................................................................................ 53
Illustration 6........................................................................................................................................ 55
Illustration 7........................................................................................................................................ 57
Illustration 8........................................................................................................................................ 59
Illustration 9........................................................................................................................................ 61
Illustration 10...................................................................................................................................... 63
Illustration 11...................................................................................................................................... 64
Illustration 12...................................................................................................................................... 66

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Chapter 1. INTRODUCTION

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) was signed by President Gloria Macapagal-Arroyo on 24 February 2004 and
took effect on 19 March 2004, fifteen days after its publication in The Manila Times and Malaya on 04
March 2004. This law is a consolidation of House Bill No. 44371 and Senate Bill No. 25102 of the
Twelfth Congress 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 RA. 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 effectivity of
RA. No. 9255. Specifically, this law applies to illegitimate children born on or after August 3, 1988.

For the effective implementation of this new law, the Office of the Civil Registrar General
promulgated Administrative Order No.1, Series of 2004 on 14 May 2004. The Order contains the rules
and regulations governing the implementation of RA. No. 9255. It was published in The Manila Times,
a newspaper of general circulation on 18 May 2004 and took effect on 02 June 2004, fifteen days after
its publication.

_____________________
1 Authored by Representatives Cynthia Villar, Joaquin Chipeco, Jr., Roque Ablan Jr; passed by the House of Representatives on 21January 2004.
2 Authored by Senators Edgardo Angara, Robert Barbers, Luisa Ejercito-Estrada, Loren Legarda, Blas Ople, Sergio Osmena III, Ramon Revilla, Manuel Villar
Jr.; passed by the Senate on 04 February 2004.

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Chapter 2. CONCEPTS AND DEFINITIONS

Unless otherwise given another meaning elsewhere in this manual, each of these terms shall
mean and be understood in accordance with the following concepts and definitions:

Public Document

Public document refers to the affidavits of recognition executed by the father such as the
Affidavit of Admission of Paternity or the Affidavit of Acknowledgment. These affidavits are executed
only by the father of the child and can be found at the back of the Certificate of Live Birth (COLB) or it
can be submitted as a separate document.

Private Handwritten Instrument

Private handwritten instrument is an instrument executed in the handwriting of the father and
duly signed by him where he expressly recognizes paternity to the child.

The private handwritten instrument should be signed by the father and the contents are made
in his own handwriting expressly stating that the child is his own.

Examples are personal letters, diaries, and holographic will3, which shall be supported by the
documents enumerated in Rule 7.1.2. of A.O. No.1, Series of 2004.

Local Civil Registry Office (LCRO) 4

Local Civil Registry Office is a department in the city/municipal government mandated to

perform civil registration functions. Under Republic Act No. 7160 (local Government Code of 1991),
the LCRO was made a separate office in the city/municipal government headed by a regular and
permanent City/Municipal Civil Registrar (C/MCR).

Office of the Civil Registrar General (OCRG)

Office of the Civil Registrar General refers to the national government office mandated to carry
out and administer the provisions of the laws on civil registration headed by the Civil Registrar General
who is also the Administrator of the National Statistics Office (NSO).

________________________
3 Holographic will is a will entirely written, dated and signed by the hand of the testator himself.
4 Under Act No. 3753 (Effective 27 February 1931), the LCRO was under the Municipal Treasurer's Office or City Health Office. Under Batas Pambansa Blg. 337
(Effective 1983), the LCRO was transferred to the Office of the City/Municipal Planning Development Office.

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Affidavit to Use the Surname of the Father (AUSF)

The Affidavit to Use the Surname of the Father is a sworn statement executed in order to use
the surname of the father. It is a registrable document to be recorded in the Register of Legal
Instruments. It is used for:

1. unregistered births where the admission of paternity is made through a private handwritten
instrument;

2. births previously registered under the surname of the mother.

Guardian

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 in
administering his own affairs. This term 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 (Article 214, Family Code);

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 (Article 216(3),
Family Code).

Filiation
Filiation refers to the status of the child in relation to the father or the mother. (Title VI, Family
Code)

Paternity
Paternity is the civil status of the father with respect to the child. (Title VI, Family Code)

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Chapter 3. PROCEDURES IN PROCESSING OF DOCUMENTS

Enumerated below are the procedures in filing and processing the documents under R.A. No.
9255.

A. For births not yet registered

Case 1. Child was born in the Philippines and the admission of

paternity is executed at the back of Certificate of Live Birth (COLB).

1. The applicant shall accomplish four (4) copies of COLB bearing the surname of the father.
The surname of the mother may be used as the middle name of the child in the COLB

2. The C/MCR of the place of birth shall record the COLB in the Register of Births.

3. The C/MCR of the place of birth shall not annotate the COLB. However, the corresponding
entry in the Register of Births shall be annotated as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

Case 2. Child was born outside the Philippines and the admission of
paternity is executed at the back of COLB/Report of Birth (RB).

1. The applicant shall accomplish four (4) copies of COLB/RB bearing the surname of the
father. The surname of the mother may be used as the middle name of the child in the
COLB/RB.

2. The birth shall be reported in the Philippine Foreign Service Establishment where the birth
occurred. In countries where there is no such office, it shall be reported to the nearest country
where a Philippine Foreign Service Establishment exists.

3. The concerned Philippine Foreign Service Establishment shall forward a copy of the
COLB/RB to the OCRG through the Department of Foreign Affairs (DFA).

Case 3. Child was born in the Philippines and a separate public

document was executed in the Philippines.

1. The applicant shall accomplish four (4) copies of COLB bearing the surname of the father.
The surname of the mother may be used as the middle name of the child in the COLB.

2 The C/MCR of the place of birth shall record the COLB in the Register of Births.

3 The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the

9
Register of Births as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

4. The C/MCR shall also record the public document in the Register of Legal Instruments.

Case 4. Child was born in the Philippines and a separate public

document was executed outside the Philippines.

1. The applicant shall accomplish four (4) copies of COLB bearing the surname of the father.
The surname of the mother may be used as the middle name of the child in the (COLB) .

2. The COLB, together with the public document executed outside the Philippines shall be
submitted to the LCRO of the place of birth.

3. The C/MCR of the place of birth shall record the COLB in the Register of Births.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Register of Births together with the supporting documents as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

5. The applicant shall also submit a copy of the public document to the LCRO of Manila for
registration purposes. Refer to Circular No. 96-2A (Appendix 5).

6. The CCR of Manila shall record the public document in the Register of Legal Instruments
and shall transmit the public document to the OCRG for filing and statistical purposes.

Case 5. Child was born outside the Philippines and a separate public
document was executed in or outside the Philippines.

1. The applicant shall accomplish four (4) copies of COLB/RB bearing the surname of the
father. The surname of the mother may be used as the middle name of the child in the
COLB/RB.

2. The COLB/RB together with the public document executed in or outside the Philippines shall
be submitted to the Philippine Foreign Service Establishment. In countries where there is no
such office, it shall be reported to the nearest country where a Philippine Foreign Service
Establishment exists.

3. The concerned Philippine Foreign Service Establishment shall forward a copy of the
COLB/RB· to the OCRG through the Department of Foreign Affairs (DFA).

4. The Consul shall annotate the COLB/RB as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

10
5. The applicant shall also submit a copy of the public document to the LCRO of Manila for
registration purposes.

6. The CCR of Manila shall record the public document in the Register of Legal Instruments
and shall transmit the public document to the OCRG for filing and statistical purposes.

Case 6. Child was born in the Philippines and the admission of

paternity was made in a private handwritten instrument and the AUSF
was executed in the Philippines.

1. The applicant shall accomplish four (4) copies of COLB bearing the surname of the father.
The surname of the mother may be used as the middle name of the child in the COLB .

2. The C/MCR of the place of birth shall record the COLB in the Register of Births.

3. The applicant shall also accomplish three (3) copies of AUSF accompanied by the
supporting documents and the consent of the child, if of age.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Register of Births as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

5. The C/MCR of the place of birth shall record the AUSF in the Register of Legal Instruments.

Case 7. Child was born in the Philippines and the admission of

paternity was made in a private handwritten instrument and the AUSF
was executed outside the Philippines.

1. The applicant shall accomplish four (4) copies of COLB bearing the surname of the father.
The surname of the mother may be used as the middle name of the child in the COLB.

2. The applicant shall also accomplish three (3) copies of AUSF accompanied by the
supporting documents and the consent of the child, if of age.

3. The applicant shall submit the AUSF together with the private handwritten instrument and its
supporting documents and the to the LCRO of the place of birth.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Register of Births as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

5. The applicant shall provide a copy of the AUSF together with the private handwritten
instrument and its supporting documents to the LCRO of Manila for registration.

11
 6. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and shall
transmit a copy of the AUSF together with the private handwritten instrument and its supporting
documents to the OCRG for filing and statistical purposes.

Case 8. Child was born outside the Philippines and the admission of
paternity was made in a private handwritten instrument and the AUSF
was executed in or outside the Philippines.

1. The applicant shall accomplish four (4) copies of COLB/RB bearing the surname of the
father. The surname of the mother may be used as the middle name of the child in the
COLB/RB.

2. The applicant shall also accomplish three (3) copies of AUSF accompanied by the private
handwritten instrument, its supporting documents and the consent of the child, if of age.

3. The applicant shall submit the AUSF together with the private handwritten instrument, its
supporting documents, consent of child if applicable, and the COLB/RB to the Philippine
Foreign Service Establishment. In countries where there is no such office, it shall be reported
to the nearest country where a Philippine Foreign Service Establishment exists.

4. The Consul shall annotate the COLB/RB as follows:

"Acknowledged by (Name of Father) on (date) pursuant to R.A. No. 9255."

5. The concerned Philippine Foreign Service Establishment shall forward a copy of the
COLB/RB to the OCRG through the Department of Foreign Affairs (DFA).

6. The applicant shall provide a copy of the AUSF together with the private handwritten
instrument and its supporting documents to the LCRO of Manila for registration.

7. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and shall
transmit a copy of the AUSF together with the private handwritten instrument and its supporting
documents to the OCRG for filing and statistical purposes.

For all cases of delayed registration, follow the rules on delayed registration under Rule 25 of
Administrative Order No. 1 Series of 1993. (See Appendix 4 of this Manual. )

B. For births previously registered under the surname of the mother

B.1. With registered admission of paternity

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Case 1. Child was born in the Philippines, the admission of paternity
was executed at the back of and the AUSF was executed in the
Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF together with the certified true copy of
the COLB to the LCRO of the place of birth.

3. The C/MCR of the place of birth shall record the AUSF in the Register of Legal Instruments.

4. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the and Register of Births shall not be changed
or deleted. However, after annotation, it may be used as the middle name of the child.

Case 2. Child was born in the Philippines, the admission of paternity

was executed at the back of and the AUSF was executed outside the
Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF together with the certified true copy of
the COLB to the LCRO of Manila.

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and shall
forward a copy of the same to the C/MCR of the place of birth.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Registry of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the and Register of Births shall not be changed
or deleted. However, after annotation, it may be used as the middle name of the child.

Case 3. Child was born outside the Philippines, the admission of

paternity was executed at the back of COLB/RB and the AUSF was
executed in or outside the Philippines.

13
1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF together with the certified true copy of
the COLB/RB to the LCRO of Manila.

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments, and transmit
the same to the OCRG.

4. The OCRG shall annotate the COLB/RB as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the COLB/RB shall not be changed or deleted.
However, after annotation, it may be used as the middle name of the child.

Case 4. Child was born in the Philippines, a separate public

document was executed in or outside the Philippines and the AUSF
was executed in the Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF with the certified true copy of the COLB
and the public document to the LCRO of the place of birth.

3. The C/MCR of the place of birth shall record the AUSF in the Register of Legal Instruments.

4. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the and Register of Births shall not be changed
or deleted. However, after annotation, it may be used as the middle name of the child.

Case 5. Child was born in the Philippines, a separate public

document was executed in or outside the Philippines and the AUSF
was executed outside the Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF with the certified true copy of the COLB
and the public document to the LCRO of Manila .

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and shall
forward a copy of the same to the LCRO of the place of birth.

14
4. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the COLB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 6. Child was born outside the Philippines, the public document
was executed in or outside the Philippines and the AUSF was
executed in or outside the Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF with the certified true copy of the
COLB/RB and public document to the LCRO of Manila.

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and transmits
the AUSF with a certified true copy of the COLB/RB and public document to the OCRG.

4. The Consul shall annotate the COLB/RB as follows:

"The surname of the child is hereby changed from (original surname) to (new surname), on
(date AUSF was executed) pursuant to R.A. No. 9255."

The original surname of the child appearing in the COLB/RB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 7. Child was born in the Philippines, the admission of paternity

was made in a private handwritten instrument and the AUSF was
executed in the Philippines.

1. The applicant shall accomplish three (3) copies of the AUSF. (accompanied by the
supporting documents and the consent of the child, if of age.)

2. The applicant shall submit the accomplished AUSF with certified true copy of the COLB and
the private handwritten instrument to the LCRO of the place of birth.

3. The C/MCR of the place of birth shall record the AUSF in the Register of Legal Instruments.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname) on
(date AUSF was executed) pursuant to R.A. No. 9255."

15
The original surname of the child appearing in the COLB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the
child.

Case 8. Child was born in the Philippines, the admission of paternity

was made in a private handwritten instrument and the AUSF was
executed outside the Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF with the certified true copy of the COLB
and the private handwritten instrument to the LCRO of Manila.

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and shall
forward a copy of the same to the LCRO of the place of birth.

4. The C/MCR of the place of birth shall annotate the COLB and the corresponding entry in the
Registry of Births filed in its archives as follows:

"The surname of the child is hereby changed from (original surname) to (new surname) on
(date AUSF was executed) pursuant to R.A. No. 9255."

Case 9. Child was born outside the Philippines and the admission of
paternity was made in a private handwritten instrument and the AUSF
was executed in or outside the Philippines.

1. The applicant shall accomplish three (3) copies of AUSF.

2. The applicant shall submit the accomplished AUSF with the certified true copy of the
COLB/RB and the private handwritten instrument to the LCRO of Manila.

3. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and transmit
the same to the OCRG.

4. The OCRG shall annotate the COLB/RB filed in its archives as follows:

"The surname of the child is hereby changed from (original surname) to (new surname) on
(date AUSF was executed) pursuant to R.A. No. 9255."

B.2. Without admission of paternity (In all cases, the consent of the
child is required if the child is of age)

16
Case 1. Child was born in the Philippines, a separate public
document and the AUSF are to be executed in the Philippines.

1. The applicant shall accomplish three copies of the AUSF and shall submit together with the
public document executed by the father and the certified true copy of the COLB to the LCRO
of the place of birth.

2. The C/MCR of the place of birth shall record the public document and the AUSF in the
Register of Legal Instruments under different registry numbers. The public document shall be
registered first before the AUSF.

3. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 2. Child was born in the Philippines, a separate public

document is to be executed in the Philippines and the AUSF is to be
executed outside the Philippines.

1. The applicant shall accomplish and submit three copies of the AUSF to the LCRO of Manila.

2. The CCR of Manila shall record the AUSF in the Register of Legal Instruments.

3. The CCR of Manila shall forward a copy of the registered AUSF to the LCRO of the place of
birth. The CCR of Manila shall transmit the same to the OCRG for filing and statistical
purposes.

4. The applicant shall submit the registered AUSF, the public document executed by the father
and the certified true copy of the COLB to the LCRO of the place of birth.

5. The C/MCR of the place of birth record the public document in the Register of Legal
Instruments.

6. The C/MCR shall annotate the COLB and corresponding entry in the Register of Births as
follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB and Register of Births shall not be

17
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 3. Child was born in the Philippines, a separate public

document is to be executed outside the Philippines and the AUSF is
to be executed in the Philippines.

1. The applicant shall submit the public document executed by the father and the certified true
copy of the COLB to the LCRO of Manila.

2. The CCR of Manila shall record the public document in the Register of Legal Instruments.

3. The CCR of Manila shall transmit the public document to the LCRO of the place of birth and
to the OCRG.

4. The applicant shall accomplish and submit three copies of the AUSF together with the
registered public document executed by the father and the certified true copy of the COLB to
the LCRO of the place of birth.

5. The C/MCR shall record the AUSF in the Register of Legal Instruments.

6. The C/MCR shall annotate the COLB as follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB/RB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 4. Child was born in the Philippines, a separate public

document and AUSF are to be executed outside the Philippines.

1. The applicant shall accomplish three (3) copies of the AUSF and shall submit together with
the public document and certified true copy of COLB to the LCRO of Manila.

2. The CCR of Manila shall record the public document and the AUSF in the Register of Legal
Instruments under different registry numbers. The public document shall be registered first
before the AUSF.

3. The CCR of Manila shall transmit the public document, AUSF and a certified true copy of the
COLB to the LCRO of the place of birth and to OCRG.

4. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.

18
9255."

The original surname of the child appearing in the COLB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 5. Child was born outside the Philippines, a separate public

document and the AUSF is to be executed in or outside the
Philippines.

1. The applicant shall accomplish three copies of the AUSF and shall submit the same together
with the public document executed by the father and the certified true copy of the COLB/RB to
the LCRO of Manila.

2. The CCR of Manila shall record the AUSF and the public document in the Register of Legal
Instruments under different registry numbers: The public document shall be registered first
before the AUSF.

3. The CCR of Manila shall transmit the AUSF and the public document to the OCRG.

4. The OCRG shall annotate the COLB/RB as filed in its archives as follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB/RB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 6. Child was born in the Philippines, the admission of paternity

was done in a private handwritten instrument and the AUSF is to be
executed in the Philippines.

1. The applicant shall accomplish and submit three copies of the AUSF, the private handwritten
instrument together with two supporting documents and the certified true copy of the COLB to
the LCRO of the place of birth.

2. The C/MCR of the place of birth shall record the AUSF in the Register of Legal Instruments.

3. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

"Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB and Register of Births shall not be

19
changed or deleted. However, after annotation, it may be used as the middle name of the child.

Case 7. Child was born in the Philippines, the admission of paternity

was done in a private handwritten instrument and the AUSF is to be
executed outside the Philippines.

1. The applicant shall accomplish and submit three (3) copies of the AUSF, the private
handwritten instrument together with two supporting documents and the certified true copy of
COLB to the LCRO of Manila.

2. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and transmit
the AUSF, together with the supporting documents, to the OCRG and a certified true copy of
the same to the LCRO of the place of birth.

3. The C/MCR of the place of birth shall annotate the COLB and corresponding entry in the
Register of Births as follows:

''Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the and Register of Births shall not be changed
or deleted. However, after annotation, it may be used as the middle name of the child.

Case 8. Child was born outside the Philippines, the admission of

paternity was done in a private handwritten instrument and the AUSF
is to be executed in or outside the Philippines.

1. The applicant shall accomplish and submit three (3) copies of the AUSF, the private
handwritten instrument together with two supporting documents and the certified true copy of
COLB/RB to the LCRO of Manila.

2. The CCR of Manila shall record the AUSF in the Register of Legal Instruments and transmit
the same to the OCRG.

3. The OCRG shall annotate the COLB/RB filed in its archives as follows:

''Acknowledged by (Name of Father) on (date). The surname of the child is hereby changed
from (original surname) to (new surname) on (date AUSF was executed) pursuant to R.A. No.
9255."

The original surname of the child appearing in the COLB/RB and Register of Births shall not be
changed or deleted. However, after annotation, it may be used as the middle name of the child.

20
Chapter 4. SUBMISSION OF DOCUMENTS TO THE OCRG

The following documents together with the current/regular reports, shall be submitted to the
OCRG during the first ten (10) days of the succeeding month.

A. For births registered on or after the effectivity of R.A. No. 9255 (March 19, 2004).

1. All COLBs/RBs registered under the surname of the father with the admission of paternity
executed at the back, together with the supporting documents and consent of the child, if
applicable, or

2. All COLBs/RBs registered under the surname of the father together with the public
document or AUSF with the private handwritten instrument together with the supporting
documents and the consent of the child, if applicable.

B. For births previously registered under the surname of the mother.

B.1. With registered admission of paternity.

1. Certified copy/ transcript of the original COLB (without annotation);

2. Annotated COLB; and

3. AUSF and the:

a. Certified true copy (CTC) of the public document and consent of the child if
applicable, or

b. CTC of the PHI and its supporting documents, and the consent of the child, if
applicable.

B.2. Without admission of paternity.

1. Certified copy/ transcript of the original COLB (without annotation);

2. Annotated COLB; and

3. AUSF and the:

a. Public Document and consent of the child if applicable; or

b. PHI together with the supporting documents, and consent of the child, if applicable.

21
Chapter 5. ISSUANCE OF DOCUMENTS

The following documents may be issued by the LCRO and the OCRG upon request of
interested parties:

1. Certified true copy of public document

2. Certified true copy of AUSF
3. Certified true copy or transcript (LCR Form 1-A) of annotated COLB/RB
The surname of the child appearing in the and the Register of Births shall not be changed or
deleted.

22
Chapter 6. ACCOMPLISHMENT OF AUSF

A. General Instructions

1. The AUSF shall be accomplished in triplicate copies and shall be distributed as follows:

First copy to the owner of the document.

Second copy to the OCRG.
Third copy to the LCRO.

2. All entries shall be typed or written legibly in black ink, in all copies.

3. Enter "Not Applicable or N/A" for items of information which cannot be definitely supplied.

B. Specific Instructions

1. In the scilicet portion or "statement of the venue" (part of the form marked "88"), enter the
city/municipality and the province where the affidavit was subscribed and sworn to.

Enter "Republic of the Philippines" on the first line followed by the name of the city/municipality
and province on the second line, if the AUSF was executed in the Philippines.

Example:

Republic of the Philippines)

Tinambac, Camarines Sur) SS

Enter the name of the country on the first line followed by the name of the city/state on the
second line, if the AUSF was executed outside the Philippines.

Example:

United States of America)

San Francisco. California ) SS

2. Enter the Registry Number which shall consist of the year of registration and a sequential
number indicating the order by which the document is entered in the Register of Legal
Instruments.

Example:

2004-22

3. Enter the name in this order: first, middle, and last name.

Example:

23
 I, Mamarita Diaz Quiambao, of legal age ...
(Affiant's name)

4. Enter the citizenship on the space provided.

Example:

Filipino
(Citizenship)

5. Enter the complete address as follows: house number, street, barangay, city/municipality,
province, and country.

Example:

... and a resident of No. 244 Banat St., Brgy. Bagacay. Tinambac, Camarines Sur, Philippines
(Complete Address)

6. Enter "X" in the appropriate box.

Example:

1. I am seeking the use of the surname _________________ in:

my Certificate of Live Birth/Report of Birth, pursuant to R.A. No. 9255.

the Certificate of Live Birth/ Report of Birth of , ___________________ pursuant to

X
R.A. No. 9255.

7. Enter the date of birth in the following format: "day, month, year"

Example:

2. I/He/She was born on 22 May 1993

(Date of Birth)

8. Enter the place of birth in the following order: municipality, province, and country.

Example:

Tinambac, Camarines Sur, Philippines

(Municipality, Province, and Country)

9. Enter the registry number of the COLB and the date when the COLB was registered.

Example:

24
 3. The birth was recorded under registry number 93-713 on 24 May 1993.

10. Enter the registry number, date, and place where the public document is registered (if
applicable).

Example:

4. The public document was recorded under registry number 2004-5 on August 25.
2004 at the LCRO of Tinambac, Camarines Sur.

11. Enumerate the supporting papers on the space provided.

Example:

7. In support hereof, I submit the attached private handwritten instrument including the
following supporting documents:

a.) 2002 Income Tax Return of Mr. Pedro A. Morales

b.) SSS Form E-4 of Mr. Pedro A. Morales

12. Enter the name of the municipality and province where this AUSF is filed.

Example:

8. I am filing this affidavit at the LCRO of Tinambac, Camarines Sur in accordance with
R.A. No. 9255 and its implementing rules and regulations.

13. Enter the date when the AUSF was executed.

9. In truth whereof, I have hereunto affixed my signature on the 12th day of July, 2004.

14. Affix on the space provided the fresh signature of the affiant. Facsimile signature or mere
initial is not acceptable. If the affiant is illiterate, right hand thumb mark is acceptable.

Example:

MD Quiambao
Margarita Diaz Quiambao
Signature over printed name of Affiant

25
Appendix 1. AUSF Form

26
27
Appendix 2. R.A. No. 9255

28
H.No.4437
S. No. 2510

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 eighth day of July, two thousand and
three.

[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"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Section 1. Article 176 of the 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) news papers of general circulation.

Approved.

(Sgd) FRANKLIN M. DRILON (Sgd.) JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

29
 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.

(Sgd.) OSCAR G. VABES (Sgd.) ROBERTO P. NAZARENO

Secretary of the Senate Secretary General
House of Representative

Approved: February 24. 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

30
 Appendix 3.
ADMINISTRATIVE ORDER
NO.1 SERIES OF 2004

Implementing Rules and Regulations of R.A. No. 9255

31
 Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO.1

Series of 2004

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION 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 Commonwealth Act No. 591, the Office of the Civil Registrar General hereby
promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by
President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in
a newspaper of general circulation.

Rule 1. Coverage

1.1 These Rules shall apply to all illegitimate children born before or after the effectivity of RA.
9255. This includes:

1.1.1 Unregistered births;

1.1.2 Registered births where the illegitimate children use the surname of the mother.

Rule 2. Definition Of Terms

As used in these rules, the following terms shall mean:

2.1. Public document - refer to affidavits of recognition executed by the father such as the
Affidavit of Admission of Paternity or the Affidavit of Acknowledgment.

2.2. Private handwritten instrument - an instrument executed in the handwriting of the father
and duly signed by him where he expressly recognizes paternity to the child.

2.3. Local Civil Registry Office (LCRO) - is a department in the city/municipal government
mandated to perform civil registration functions.

2.4. Office of the Civil Registrar General (OCRG) - refers to the national government office
mandated to carry out and administer the provisions of the laws on civil registration headed by
the Civil Registrar General who is also the Administrator of the National Statistics Office (NSO).

2.5. Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to

32
 use the surname of the father. The AUSF is a registrable document.

2.6. 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 in administering his own affairs. This term 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:

2.6.1 The surviving grandparent (Article 214, Family Code);

2.6.2. The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article
216(2), Family Code); and

2.6.3. The child's actual custodian, over 21 years of age, unless unfit or disqualified (Article
216(3), Family Code).

Rule 3. Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public
document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the
surname of the father.

Rule 4. Where to file

4.1 The public document or AUSF executed within the Philippines shall be filed at the Local
Civil Registry Office (LCRO) where the child was born, if the birth occurred within the
Philippines.

4.2 The public document or AUSF executed outside the Philippines shall be filed at the LCRO
of Manila, if the birth occurred within the Philippines.

4.3 The public document or AUSF whether executed within or outside the Philippines shall be
filed at the LCRO of Manila, if the birth occurred outside the Philippines.

Rule 5. What to File

The following shall be filed at the LCRO:

1. Certificate of Live Birth with accomplished Affidavit of Acknowledgment! Admission of

Paternity at the back

2. Public Document

3. AUSF Including all supporting documents

Rule 6. When to Register

33
 The public document not made on the record of birth, or the AUSF shall be registered within
twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the
procedures of late registration shall be applied.

Rule 7. Requirements for the Child to Use the Surname of the Father

7.1 For Births Not Yet Registered

7.1.1 The illegitimate child shall use the surname of the father if a public document is executed
by the father, either at the back of the Certificate of Live Birth or in a separate document.

7.1.2 If admission of paternity is made through a private handwritten instrument, the child shall
use the surname of the father, provided the registration is supported by the following
documents:

a. AUSF
b. Consent of the child, if 18 years old and over at the time of the filing of the document
c. Any two of the following documents showing clearly the paternity between the father
and the child:

1) Employment records
2) SSS/GSIS records
3) Insurance
4) Certification of membership in any organization
5) Statement of Assets and Liability
6) Income Tax Return (ITR)

7.2 For Births Previously Registered under the Surname of the Mother

7.2.1 If filiation has been expressly recognized by the father, the child shall use the surname of
the father upon the submission of the accomplished AUSF.

7.2.2 If filiation has not been expressly recognized by the father, the child shall use the
surname of father upon submission of a public document or a private handwritten instrument
supported by the documents listed in Rule 7.1.2.

7.3 Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has
reached the age of majority. The consent may be contained in a separate instrument duly
notarized.

Rule 8. Effects of Recognition

8.1 For Births Not Yet Registered

8.1.1 The surname of the father shall be entered as the last name of the child in the Certificate
of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.

8.1.2 If admission of paternity is done at the back of the Certificate of Live Birth, no annotation

34
 is made in the Certificate of Live Birth. However, annotation shall be made in the Register of
Births as follows:

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

8.1.3 If admission of paternity is made in a separate public document, the proper annotation
shall be made in the Certificate of Live Birth and the Register of Births. The annotation shall be
as follows:

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

8.1.4 In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with
the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper
annotation with regard to delayed registration shall be made.

8.2 For Births Previously Registered under the Surname of the Mother

8.2.1 If admission of paternity was made either at the back of the Certificate of Live Birth or in a
separate public document or in a private handwritten document, the public document or AUSF
shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the
Certificate of Live Birth and the Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname)
pursuant to RA 9255."

The original surname of the child appearing in the Certificate of Live Birth and Register of Births
shall not be changed or deleted.

8.2.2 If filiation was not expressly recognized at the time of registration, the public document or
AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made
in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby

changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

Rule 9. Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1A

In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be
made on the Certificate of Live Birth or on the certified transcription (LCR Form 1A) from the Register
of Births.

Rule 10. Duties of the Local Civil Registrar

10.1 Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the
facts stated in .the affidavit and the documents presented.

10.2 Accepts for registration the following documents:

a. Certificate of Live Birth

35
 b. Public document
c. AUSF

10.3 Records the entries in the Certificate of Live Birth in the Register of Births, and the public
document and AUSF in the Register of Legal Instruments.

10.4 Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.

10.5 Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A)
with annotations.

10.6 Distributes the annotated Certificate of Live Birth, registered public document or AUSF
including any supporting document as follows:

a. First copy to owner of the document;

b. Second copy to the OCRG;
c. Third copy to the LCRO.

Rule 11. Retroactivity Clause

These rules shall have retroactive effect for all births occurring within and outside the
Philippines.

Rule 12. Separability Clause

If any portion or provision of this Implementing Rules and Regulations is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be effected by such declaration.

Rule 13. Repealing Clause

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of
these rules are hereby repealed or modified accordingly.

Rule 14. Effectivity

These rules shall take effect 15 days after its publication in a newspaper of general circulation in the
Philippines.

Approved this 14th day of May 2004.

CARMELITA N. ERICTA
Civil Registrar General

36
 Appendix 4. RULE 25
ADMINISTRATIVE ORDER
NO.1 SERIES OF 1993

37
Rule 25. Delayed Registration of Birth.

(1) The requirements are:

a) if the person is less than eighteen (18) years old, the following shall be required:

i) four (4) copies of the Certificate of Live Birth duly accomplished and signed by the
proper parties;

ii) accomplished Affidavit of Delayed Registration at the back of the Certificate of Live
Birth by the father, mother or guardian, declaring therein, among other things, the
following:

● name of child;
● date and place of birth;
● name of the father if the child is illegitimate and has been acknowledged by him;
● if legitimate, the date and place of marriage of parents; and reason for not
registering the birth within (30) days after the birth.

In case the party seeking late registration of the birth of an illegitimate child is not the mother,
the party shall, in addition to the foregoing facts, declare in a sworn statement the present
whereabouts of the mother.

iii) any two of the following documentary evidence which may show the name of the
child, date and place of birth, and name of mother and (and name of the father, if the
child has been acknowledged);

● baptismal certificate;
● school records (nursery, kindergarten, or preparatory);
● income tax return of parents;
● insurance policy;
● medical records; and
● others, such as barangay captain's certification.

iv) affidavit of two disinterested persons who might have witnessed or known the birth of
the child.

b) If the person is eighteen (18) years old or above, he shall apply for late registration of his
birth and the requirements shall be:

i) all the requirements for a child who is less than eighteen years old; and

ii) Certificate of Marriage, if married.

(2) Delayed registration of birth, like ordinary registration made at the time of birth, shall be filed at the
Office of the Civil Registrar where the birth occurred.

(3) Upon receipt of the application for delayed registration of birth, the civil registrar shall examine the
Certificate of Live Birth presented whether it has been completely and correctly filled up and all
requirements complied.

38
(4) In the delayed registration of the birth of an alien, travel documents showing the origin and
nationality of the parents shall be presented in addition to the requirements mentioned in Rule 25 (1).

39
 Appendix 5. Circular No.
96-2A

17 April 1996

FURTHER AMENDMENT OF RULE 61

OF ADMINISTRATIVE ORDER NO.1,
SERIES OF 1993

40
 Circular No. 96-2A
17 April 1996

To: All City/Municipal Civil Registrars

Subject: FURTHER AMENDMENT OF RULE 61 OF ADMINISTRATIVE ORDER NO 1., S. 1993

Rule 61 of Administrative Order No.1, S. of 1993 was amended by Circular No. 96-2 on 16 of
February 1996, to read as follows:

Rule 61. Place of Registration.-

(1) As a general rule, all legal instruments shall be registered in the civil registry of the place
where they were executed except the following:

(a) Affidavit of Reappearance - where the parties to the subsequent marriage are
residing;

(b) Marriage Settlement - where the marriage was recorded; and

(c) Admission of Paternity, Acknowledgment, legitimation, Voluntary Emancipation of

Minor, and Parental Authorization or Ratification of Artificial Insemination - where the
birth of the child was recorded.

(2) All legal instruments executed abroad shall be registered in the civil registry of Manila,
including legal instruments, which may be executed in the Philippines if the vital events referred
to in the latter instruments occurred in a foreign country and duly registered with the Philippine
Consulate.

In reference to subsection (2) of the amended Rule 61, as above cited, Circular No. 96-2 failed
to specifically provide a procedure to be followed by the civil registry office of Manila after it
had recorded the legal instrument in its civil register. Therefore, subsection (2) of Rule 61 is
hereby further amended to read as follows:

(2) All legal instruments executed abroad shall be registered in the civil registry office of
Manila, including legal instruments which maybe executed in the Philippines if the vital events
referred to in the latter instruments occurred in a foreign country and duly registered with the
Philippine consulate. THE CIVIL REGISTRY OFFICE OF MANILA, AFTER RECORDING THE
LEGAL INSTRUMENT IN ITS REGISTER, SHALL SUBMIT A COPY OF THE LEGAL
INSTRUMENT TO THE OFFICE OF THE CIVIL REGISTRAR GENERAL WHERE PROPER
ANNOTATION IN THE CORRESPONDING RECORD SHALL BE DONE.

This circular shall take effect immediately.

(SGD) TOMAS P. AFRICA

Civil Registrar General

41
Copy furnished:
1. All Regional Administrators
2. All Provincial Statistics Officers
3. All District / Assistant Statistics Officers

42
 Appendix 6.
ILLUSTRATION OF CASES

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 Illustration of Cases

Example No. 1 Timely registration of birth with the father's acknowledgment at the back of
COLB

Rafael was born in Baguio General Hospital on July 1, 2004. His parents, Ana Morales Sacdal
and Roberto Nano Tayag are not married but plan to get married in December 2004. Ana and Roberto
came to know of R.A. No. 9255. Roberto signed the Affidavit of Admission of Paternity at the back of
Rafael's COLB in order that Rafael can use his surname. The accomplished COLB was submitted to
the Records Section of the hospital and it was forwarded to the City Civil Registrar's Office (CCRO) of
Baguio City for registration.

On July 26, 2004, Ana visited the CCRO and requested for a certified copy of the COLB of
Rafael for her file. The CCRO of Baguio City issued her the documents she requested. Rafael's
complete name is Rafael Sacdal Tayag.

Rafael's COLB is shown in Illustration 1. The COLB shows RAFAEL SACDAL TAYAG as his
complete name. Also shown is the Affidavit of Admission of Paternity signed by Roberto at the back
portion of Rafael's . Note that the has no annotation with regard to acknowledgment and/or use of
surname. Only the Register of Births shall have an annotation regarding the child's acknowledgment
by the father.

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Illustration 1

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Example No.2. Timely registration of birth in Manaoag, Pangasinan and a separate Affidavit of
Admission of Paternity was executed in Japan

Kevin Reyes Chavez and Joana Francisco Pineda are factory workers in Okinawa, Japan.
Joana returned to the Philippines when she was seven months pregnant with Kevin's child. She gave
birth on July 11, 2004 and named the child Philip. She informed Kevin that in order for their child to
use his surname, he must execute an Affidavit of Admission of Paternity. Kevin immediately executed
an Affidavit, have it notarized at the Philippine Consulate Office in Japan, and sent it to Joana. Upon
receipt of the affidavit, Joana proceeded to the LCRO of Manaoag, Pangasinan.

In this example, the LCRO of Manaoag shall register the COLB of Philip using the surname of
his father. Joana is required to submit a copy of the Affidavit of Admission of Paternity to the LCRO of
Manila for registration.

Illustration 2 shows the annotated COLB of Philip. The acknowledgment executed by Kevin, is
shown in illustration 3.

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Illustration 2

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Illustration 3

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Example No.3. Late registration of birth which occurred in Vancouver, Canada
and a separate Affidavit of Acknowledgment was executed in the Philippine
Consulate Office in Vancouver.

Restituta Dimaculangan Brinas gave birth to Rico in Vancouver, Canada on February

20, 1989. Her live-in partner, Romeo Sicap Castro wanted his child to use his surname upon
learning about R.A. No. 9255. In order to register Rico under his surname, Romeo Castro
executed an affidavit of acknowledgment in Canada. They submitted the accomplished
Report of Birth together with the Affidavit of Acknowledgment to the Philippine Consulate
Office in Vancouver for registration. Meanwhile, a notarized copy of the Affidavit of
Acknowledgment was also sent by Restituta to the LCRO of Manila for registration.

Illustration 4 shows the accomplished Report of Birth of Rico with the proper annotation
of Rico's acknowledgment. Illustration 5 shows the acknowledgment executed by Romeo.
Note that there is no annotation with regards to the use of his father's surname.

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Illustration 4

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Illustration 5

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Example No.4. Late registration of birth which occurred in Madrid, Surigao del Sur with
the father's acknowledgment executed in a separate public document in Butuan City

Carmelita Nunez Paga, an illegitimate child of Gismundo Paga and Elpidia Nunez was born on
29 June 1999 at Bgy. Union, Madrid, Surigao del Sur. Elpidia found out that Carmelita's birth was not
yet registered. Thus she applied for the late registration of her daughter's birth certificate at the LCRO
of Madrid. Along with the accomplished COLB, she likewise submitted requirements for delayed
registration, as well as the notarized Affidavit of Acknowledgment executed by Gismundo in Butuan
City.

A copy of the accomplished COLB of Carmelita containing the proper annotation with respect
to the father's acknowledgment is shown in Illustration 6. Illustration 7 shows the acknowledgment by
Gismundo of Carmelita. Note that the COLB in this case does not contain any annotation on the use of
the father's surname. The back page of the COLB also contains the accomplished Affidavit of Delayed
Registration of Birth.

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Illustration 6

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Illustration 7

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Example No. 5. Late registration of birth with the father's admission of paternity made
in a private handwritten instrument

In six months time, Dayanghirang Cascon Bruno will be entering high school. She was born on
25 December 1992 in Siquijor, Siquijor. All the while Luningning the mother, thought that her
daughter's COLB was registered. To her dismay, it was not. The Civil Registrar of Siquijor advised her
to register Dayanghirang's birth under the procedures of delayed registration. Fortunately,
Dayanghirang's mother kept a copy of her late father's personal letter where the father acknowledged
her as their daughter.

With this personal letter and accomplished COLB, a certified copy of the Statement of Assets
and Liabilities and Income Tax Return were submitted to the Civil Registrar of Siquijor who accepted
her application for delayed registration. Luningning accomplished the AUSF in this case.

Illustration 8 shows a copy of Dayanghirang's annotated COLB and Illustration 9 shows the
accomplished AUSF.

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Illustration 8

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Illustration 9

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Example No.6. Registered birth using the surname of the mother and
acknowledged by the father at the back of COLB

Irene Tayag Martin gave birth to a baby boy at Bauang, La Union last February 13, 1989. She
named the baby boy, Piolo. Since she is not married with the father of her child. Irene immediately
registered him using her surname. Martin although the father, Gerard Cabrera Gabrang, executed the
Affidavit of Admission of Paternity at the back of the COLB.

When Irene and Gerard came to know about RA 9255, they immediately visited the LCRO of
Bauang to inquire on what they are supposed to do so that the surname of their child shall be changed
from the surname of Irene to that of Gerard. Irene was advised to execute three copies of the AUSF
and informed that only an annotation shall be done on the record of birth of her child. Irene
immediately accomplished and submitted the AUSF and submitted to the LCRO of Bauang.

Illustration 10 shows the accomplished AUSF, Illustration 11 the accomplished with the proper
annotations and Illustration 12, the Form 1A issued to Irene.

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Illustration 10

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Illustration 11

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Illustration 12

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