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”

RA 9255
TABLE OF CONTENTS
 GUARDIANSHIP

What to File
As mandated by Republic Act No. 10625,
otherwise known as the Philippine
Who May File
Statistical Act of 2013, the Civil Registrar
Where to Register General promulgates the Revised
Implementing Rules and Regulations of
When to Register
Republic Act No. 9255 based on the
How to Register Supreme Court Ruling in the case of
"Grande vs . Antonio ", G.R. 206248 dated
Effect of Recognition
 February 18, 2014.
Annotations

CASES RA 9255 – Revised IRR

 GUARDIANSHIP

What to File
FACTS:
Who May File
Grande and Antonio had an illicit
Where to Register
relationship. Out of it was born two
When to Register children. Antonio did not expressly
recognize the illegitimate children. He
How to Register
wanted to have the children use his
Effect of Recognition surname.
Annotations

CASE Grande vs. Antonio

 GUARDIANSHIP

What to File
ISSUE:
Who May File
Whether or not it is legal to let the
Where to Register
illegitimate children use Antonio surname
When to Register even when they were not expressly
recognized by the father.
How to Register

Effect of Recognition

Annotations

CASE Grande vs. Antonio

 GUARDIANSHIP

What to File
It was held that the case was reprimanded
to the RTC.
Who May File
Accordingly, Article 176 of the Family Code
Where to Register which was amended by RA 9255,
When to Register
illegitimate children shall use the surname
and shall be under the parental authority
How to Register of their mother, and shall be entitled
Effect of Recognition
support in conformity with this code.

Annotations

CASE Grande vs. Antonio

 GUARDIANSHIP

What to File
However, illegitimate children may use the
surname of their father if their filiation has
Who May File
been expressly RECOGNIZED by their
Where to Register father through the record of birth
appearing in the civil register, or when an
When to Register
admission in a public document or private
How to Register handwritten instrument is made by the
father.
Effect of Recognition

Annotations

CASE Grande vs. Antonio

 GUARDIANSHIP

What to File
Provided, the father has the right to
institute an action before the regular
Who May File
courts to prove non-filiation during his
Where to Register lifetime.
When to Register
The legitimate of each illegitimate child
shall consist of one-half of the legitime of a
How to Register legitimate child.
Effect of Recognition

Annotations

CASE Grande vs. Antonio

GUARDIANSHIP
What to File It refers to a person lawfully
Who May File
invested with the power, and
charged with the duty, of taking care
Where to Register
of one who, for defect of age,
When to Register
understanding, or self control , is
How to Register considered incapable of
Effect of Recognition administering his own affairs.
Annotations

CASES Guardianship
GUARDIANSHIP Those exercising substitute parental authority are the
following :
What to File
 1) The surviving  grandparent,  as  provided  in Article
Who May File
 214,  Family Code of the Philippines;
2) The oldest brother or sister, over 21 years of age,
Where to Register unless unfit or disqualified (Article 216(2), Family
Code; and
When to Register
3) The child's actual custodian , over 21 years of age ,
unless  unfit  or disqualified , as  provided  in  Article
How to Register
 216(3),  Family  Code  of  the Philippines.
Effect of Recognition

Annotations

CASES Guardianship
 GUARDIANSHIP
The following documents shall be filed
What to File at the LCRO or PFSP for registration :
Who May File

Where to Register
1.  Affidavit of Admission of Paternity
When to Register
2. Private Handwritten Instrument
How to Register
3. Affidavit to Use the Surname of the
Father
Effect of Recognition

Annotations

CASES What to File

 GUARDIANSHIP The following persons are authorized to file at the LCRO or
PFSP:
What to File 1. The father, mother, the person himself, if of age, or the
guardian, may file the Affidavit of Admission of Paternity.
Who May File 2. The father, mother, the person himself, if of age, or the
guardian, may file the Affidavit to Use the Surname of the
Where to Register father.
3. The father shall personally file the Private Handwritten
When to Register Instrument (PHI), if  the proof of filiation is through a PHI, at
the LCRO/PFSP for registration.
How to Register
4. The mother , the person himself, if of age, or the guardian ,
may file the PHI if the father is already deceased. The PHI
Effect of Recognition can be accepted provided there are supporting documents to
prove filiation .
Annotations

CASES Who May File

 GUARDIANSHIP FACTS:
What to File
On June 24 2008, Jonna Karla Baguio Barcelote bore a
Who May File child out of wedlock with a married man named Ricky
O. Tinitigan in her relatives’ residence in Sibulan, Sta.
Where to Register Cruz, Davao del Sur. She was not able to register the
birth of their child, whom she named Yohan Grace
When to Register Barcelote, because she did not give birth in a hospital.
To hide her relationship with Tinitigan, she remained
How to Register in Sta. Cruz, Davao del Sur while Tinitigan lived with
his legitimate family in Davao City and would only visit
Effect of Recognition her.
Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP FACTS:
What to File
August 24 2011, she bore another child with Tinitigan,
Who May File whom she named as Joshua Miguel Barcelote. Again,
she did not register his birth to avoid humiliation,
Where to Register ridicule, and possible criminal charges. Thereafter, she
lost contact with Tinitigan and she returned to Davao
When to Register City.
When her first child needed a certificate of live birth
How to Register
for school admission, Barcelote finally decided to
register the births of both children.
Effect of Recognition

Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP FACTS:
What to File
However, upon submission of the copies of the late
Who May File registration of the births to the NSO, Barcelote was
informed that there were two certificate of live birth
Where to Register (subject birth certificates) with the same name of the
mother and the years of birth of the children in their
When to Register office. Then, she filed a petition before the RTC to
cancel those birth certificates registered by Tinitigan
How to Register without her knowledge and participation, and for
containing erroneous entries.
Effect of Recognition

Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP ISSUE:
What to File

Who May File Whether or not illegitimate

Where to Register
children can use the surname of
the father without the consent of
When to Register
the mother.
How to Register

Effect of Recognition

Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP

What to File
No. The law is clear that illegitimate
Who May File
children shall use the surname and shall
Where to Register be under the parental authority of their
mother. The discretion on the part of the
When to Register
illegitimate child to use the surname of the
How to Register father is upon proof of compliance with RA
Effect of Recognition
9255 and its IRR.

Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP

What to File
Thus, it is mandatory that the mother of an
illegitimate child signs the birth certificate
Who May File of her child in all cases, irrespective of
Where to Register
whether the father recognizes the child as
his or not.
When to Register
The mother must sign and agree to the
How to Register information entered in the birth certificate
Effect of Recognition
because she has the parental authority and
custody of the illegitimate child.
Annotations

CASE Barcelote vs. Tinitigan

 GUARDIANSHIP
For births that occur in the
What to File Philippines , the Affidavit of
Who May File Admission of Paternity , Private
Where to Register
Handwritten Instrument or
Affidavit to Use the Surname of the
When to Register
Father executed in the Philippines
How to Register
shall be registered at the LCRO of
Effect of Recognition the place of birth.
Annotations  
CASES Where to Register
 GUARDIANSHIP For births that occur within or outside the
What to File
Philippines, the Affidavit of Admission of
Paternity, Private Handwritten Instrument
Who May File
or Affidavit to Use the Surname of the
Where to Register Father executed outside the Philippines
shall be registered at  the PFSP of the
When to Register
country of residence , or where there is
How to Register none, to the PFSP of the country nearest
the place of residence of the party
Effect of Recognition
concerned.
Annotations  
CASES Where to Register
 GUARDIANSHIP
For births that occur outside the
What to File Philippines, the Affidavit of Admission
Who May File
of Paternity, Private Handwritten
Instrument, or Affidavit to Use the
Where to Register Surname of the Father executed in the
When to Register Philippines shall be registered at the
How to Register
Local Civil Registry Office of the place
of execution .
Effect of Recognition

Annotations

CASES Where to Register

 GUARDIANSHIP

What to File
The Affidavit of Admission of Paternity ,
Private Handwritten Instrument, or the
Who May File
Affidavit to Use the Surname of the Father
Where to Register shall be registered within twenty (20) days
from the date of execution. Otherwise , the
When to Register rules on delayed registration under
How to Register Administrative Order No. 1, Series of 1993
(IRR of Act. No. 3753 and Other Laws on
Effect of Recognition
Civil Registration) shall apply.
Annotations

CASES When to Register

 GUARDIANSHIP

What to File
Annotate the COLB/ROB
Who May File
and enter the annotation
Where to Register
on the  Remarks portion
of the Register of Births.
When to Register

How to Register
Effect of Recognition

Annotations

CASES How to Register

 GUARDIANSHIP

Distribute the annotated COLB/ROB, registered

What to File
Affidavit  of Admission of Paternity, Affidavit to Use the
Surname of the Father, or Private Handwritten
Who May File
Instrument including any  supporting document as
Where to Register
follows:
• first copy to the CRG;
When to Register
• second copy to the LCRO/PFSP where the event was
registered;
How to Register
• third copy to the registrant/owner of the document;
Effect of Recognition • fourth copy shall be retained for filing by the
LCRO/PFSP. 
Annotations

CASES How to Register

 GUARDIANSHIP

What to File Issue certified copies of COLB/ROB

Who May File
or certified transcription (LCR
Form 1A) with annotations and
Where to Register
certified copies of the Affidavit of
When to Register
Admission of Paternity, AUSF, and
How to Register Private Handwritten Instrument.
Effect of Recognition

Annotations

CASES How to Register

 GUARDIANSHIP

What to File
The City/Municipal Civil Registrar (C/MCR),
Consul General , Consul, or Vice Consul shall
Who May File examine the completeness and correctness of
entries in the Certificate of Live Birth
Where to Register
(COLB)/Report of Birth (ROB) , and the
When to Register
supporting documents . If there are
inconsistencies , the C/MCR, Consul Genera l,
How to Register Consul , or Vice Consul,  shall  not accept the
documents for registration .
Effect of Recognition
 
Annotations

CASES How to Register

 GUARDIANSHIP

What to File
Accept the following documents for
registration :
Who May File
• COLB/ROB
Where to Register
• Affidavit of Admission of Paternity
When to Register • Private Handwritten Instrument
How to Register • Affidavit to Use the Surname of the
Father
Effect of Recognition
 
Annotations

CASES How to Register

 GUARDIANSHIP

What to File Record the entries of the COLB/ROB in

the Register of Births, Affidavit of
Who May File
Admission of Paternity, Private
Where to Register Handwritten Instrument and the
When to Register Affidavit to Use the Surname of the
Father in the Register of Legal
How to Register
Instruments.
Effect of Recognition
 
Annotations

CASES How to Register

 GUARDIANSHIP

As a rule, an illegitimate child not acknowledged  by

What to File
the father shall use the surname of the mother.
Who May File  
Illegitimate child acknowledged by the father shall  use
Where to Register the surname of the mother if no AUSF is executed.
When to Register
 An illegitimate child aged 0-6 years old acknowledged
How to Register by the father shall use the surname of the father, if the
mother or the guardian, in the absence of the mother,
Effect of Recognition executes the AUSF.
Annotations  

CASES Effects of Recognition

 GUARDIANSHIP

What to File An illegitimate child aged 7 to 17

Who May File
years old acknowledged by the
father shall use the surname of the
Where to Register
father if the child executes an AUSF
When to Register
fully aware of its consequence as
How to Register attested by the  mother or
Effect of Recognition guardian.
Annotations

CASES Effects of Recognition

 GUARDIANSHIP

What to File Upon reaching the age of

Who May File majority , an illegitimate child
Where to Register
acknowledged by the  father
When to Register
shall use the surname of his
How to Register
father provided that  he
executes an AUSF without need
Effect of Recognition
of any attestation .
Annotations

CASES Effects of Recognition

 GUARDIANSHIP FACTS:
What to File
Emelita was born out of wedlock to Pia Gan and
Who May File Consolacion Basilio, her birth certificate
indicates that her full name is “Emelita Basilio”.
Where to Register
She filed a petition for correction of name with
When to Register the RTC seeking to change the full name from
Emelita Basilio into Emelita Basilio Gan
How to Register because she had been using her full name in all
her school and government records, to avoid
Effect of Recognition
confustion.
Annotations

CASE Gan vs. Reyes

 GUARDIANSHIP
ISSUE:
What to File

Who May File

Whether or not an
Where to Register unrecognized or not
When to Register acknowledged illegitimate child
How to Register may use the surname of the
Effect of Recognition
father.
Annotations

CASE Gan vs. Reyes

 GUARDIANSHIP The court denied the petition.
What to File
Accordingly, a change of name is a
privileged and not a matter of right,
Who May File
proper and reasonable cause must exist
Where to Register before a person may be authorized to
change his name. The court agreed with
When to Register
the appellate court that the reason
How to Register cited by the petitioner to support her
petition is not proper justification to
Effect of Recognition
allow her petition.
Annotations

CASE Gan vs. Reyes

 For births not yet registered without Affidavit to Use the
GUARDIANSHIP
Surname of the Father
What to File  
a. If Affidavit of Admission of Paternity at the back of the
Who May File
COLB is executed and there is no AUSF executed by the
mother or the person himself , the child shall be registered
Where to Register
under the surname of the mother. There shall be no
annotation on the COLB. However, there shall be
When to Register
annotation  on the  Remarks Column of the Register of
How to Register
Births as follows:
 
Effect of Recognition
"Acknowledged by (name of father) on (date of execution of
the Affidavit of Admission of Paternity)."
Annotations
CASES ANNOTATIONS
 For births not yet registered without Affidavit to Use the
GUARDIANSHIP
Surname of the Father
What to File

If a separate Affidavit of Admission of Paternity is executed

Who May File
and there is no AUSF executed by the mother or the person
himself, the child shall be registered under the surname of
Where to Register
the mother. There shall be an annotation on the COLB/ROB
and on the Remarks Column of the Register of Births as
When to Register
follows:
How to Register  
"Acknowledged by (name of father) on (date of execution of
Effect of Recognition
the Affidavit of Admission of Paternity) under (Registry No.
of the Affidavit of Admission of Paternity)."
Annotations
CASES ANNOTATIONS
 For births not yet registered without Affidavit to Use the
GUARDIANSHIP
Surname of the Father
What to File  
If a Private Handwritten Instrument is executed and
Who May File
there is no AUSF executed by the mother or
the person himself, the child shall  be registered
Where to Register
under the surname of the mother. There shall be
an annotation on the COLB/ROB and on the Remarks
When to Register
Column on the Register of Births as follows:
How to Register  
"Acknowledged by (name of father) under (Registry  No.  of
Effect of Recognition
the Private Handwritten Instrument)."
Annotations  

CASES ANNOTATIONS
 GUARDIANSHIP For births not yet registered with Affidavit to Use the
Surname of the Father
What to File

If Affidavit of Admission of Paternity at the back of the

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

Effect of Recognition "Acknowledged by (name of father) on (date of execution of

the Affidavit of Admission of Paternity) pursuant to RA 9255.
Annotations "
CASES ANNOTATIONS
 For births not yet registered with Affidavit to Use the
GUARDIANSHIP
Surname of the Father
What to File
If Affidavit of Admission of Paternity is executed in a
Who May File separate public document , and an AUSF is executed by the
mother or the guardian , in the  absence of the mother, or
Where to Register the person himself , the child shall be registered under the
surname of the father. There shall be an annotation on the
When to Register COLB/ROB and on the Remarks Column of the Register of
Births as follows:
How to Register

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

Effect of Recognition Affidavit of Admission of Paternity) under (Registry No. of the Affidavit
of Admission of Paternity)" pursuant  to  RA 9255."
Annotations  
CASES ANNOTATIONS
 For births not yet registered with Affidavit to Use the
GUARDIANSHIP
Surname of the Father
What to File

 If a Private Handwritten Instrument is executed and an

Who May File
AUSF is executed by the mother or the guardian, in the
absence of the mother or the person himself , the child
Where to Register
shall be registered under the surname of the father. There
shall be an annotation on the COLB/ROB and on the
When to Register
Remarks Column of the Register of Births as follows:
How to Register  
"Acknowledged by (name of father) under (Registry  No.  of
Effect of Recognition
the Private Handwritten Instrument)" pursuant to RA 9255.
"
Annotations
CASES ANNOTATIONS