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ILLEGITIMATE CHILD CAN NOW USE FATHER'S SURNAME RA 9255 - AN AMENDMENT TO THE FAMILY CODE
President Arroyo signed into law a bill authored by Sen. Ramon Revilla allowing "illegitimate" children to use their father’s surname provided that the father gives his consent, thus amending Article 176 of the Family Code. Republic Act 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father) aims to spare illegitimate children the shame and stigma which accompanies their unique status. Prior to the amendment, the Family Code requires illegitimate children to use the surname of their mother and regardless of any circumstances, are prohibited from using their father’s surname. "This prohibition exposes these innocent children to undue embarrassment and ridicule contrary to Section 12, Article 1 of the 1987 Constitution declaring the policy of the State to protect the life of the unborn from conception," Revilla said in a statement. "These children must be spared from the stigma attached to being ‘illegitimate’ and their parents’ faults must not be passed on to them. It is the State’s responsibility to shield them from unwarranted shame and discrimination," he added. Under RA 9255, illegitimate children can now use their father’s surname provided two conditions are met: first, the father gives his consent, and second, the natural or biological mother of the child authorizes the use of the father’s surname in lieu of hers. According to a study conducted by the National Statistics Office (NSO), parents of children born out of wedlock tend not to register their children’s birth due to their illegitimate status. "Most parents, upon learning that the child cannot use the father’s surname, opt not to register their newborn baby immediately. These results in either the non-registration of the child or eventually, false information of birth records," NSO administrator Carmelita Ericta said. The NSO Census 2000 revealed that there are more than five million unregistered Filipinos, while the Multiple Indicator Cluster Survey of 1999 showed that three out of 10 children below five years old do not have birth certificates. They include children who are not registered due to their illegitimate status. Ericta said birth registration is important since the registration of all children signifies the State’s first official acknowledgment of the child’s existence. Without proper registration and accounting of all births in a country, national planning for children is compromised and weakened, affecting their optimal growth and development. Ericta said unregistered children would be deprived of the means to secure their rights of identification following war, abandonment or abduction and the right to know their parentage, as well as limits their access to government benefits and services. This law protects illegitimate children from
being treated as social outcasts and traumatized early in life.
RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255 ADMINISTRATIVE ORDER NO. 1 Series of 2004, Office of the Civil Registrar, NSO 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 R.A. 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 – refers to affidavit 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) – 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 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: 5.1 Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back 5.2 Public document 5.3 AUSF, including all supporting documents Rule 6. When to register 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 Liabilities 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 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 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. (Sgd.) CARMELITA N. ERICTA
THE MANILA TIMES FEATURE:
MY fascination with the Internet started when it opened a door for me to enter a world of websites. It was an unendingly exciting trip, as I browsed websites containing various items of interest, from information to entertainment. A couple of months back, however, a friend invited me to browse a very interesting website. It was unique in the fact that it was dedicated to create increased awareness on the plight of women, especially victims of domestic violence. Femalebattle.net site was launched in November 2003 to inspire, inform, educate and empower women on life and its daily challenges. It serves as an avenue for support regarding various issues women face today. As its tagline aptly says, “Because life is a battlefield.”
The site aims to give out information and inspiration to all women on issues and concerns that affect their lives as mother, wife, daughter, friend, and a social individual. It aspires to be an avenue for women to share their experiences, opinions, beliefs, inspirations, talents, and skills that could assist other women in their daily battle in life. The website starts with a homepage, which is a news feature section containing articles relating to battered women. The first news feature mentions the Senate developments in addressing the plight of battered women. As expected, two women senators—Dr. Loi Ejercito-Estrada and Vice Presidential candidate Sen. Loren Legarda—are heavily featured, since both solons took the legislative forefront in championing the cause of battered women. The news section proceeds with an article that defines what a battered woman is. The last articles of the news feature section dwell more on the figures on how many Filipino women are subject to abuse in one form or another. The figures were based on a survey made by the Social Weather Station. I found this to be quite disturbing, considering the high figure (2.16 million) reflected. Up until the time I have started browsing the website, I have never had any idea on the magnitude of the troubles battered women go through. The pages that followed the home page offered assistance to battered women. The Legal Chat page featured a dilemma from a single mother and a legal advisory from a woman lawyer, Atty. Jeanie Pulido in taking the initial steps to address her situation. Attorney Pulido has actually been an invaluable contributor to the website as she continues to provide legal assistance to inquiries from women. The Health page addressed one issue concerning a woman’s health: breast cancer. It mentions the factors that can cause it, the treatment that can be performed on it and check diagnostics for determining if it present. The Relationships page provided an interaction where browsers get to express their reaction on some issues raised. At the time of my browsing, the issue was if it is possible for one man to fall in love with more than one woman at a time. As expected, most of the women who posted did not buy the concept of one man falling for two women. A big step in a battered woman’s life would be letting go of her partner who continues to abuse her. While the Church does not favor divorce, it does understand that unions are no longer bonding in the face of continued abuse. In such unions, the Church recognizes that they were never valid in the first place and therefore can be declared null and void. The Domestic Violence page describes situations where marriage unions can be annulled, and the steps that can be taken towards it. This is to allow a battered partner with a chance to move on with their lives. To say that a battered woman’s life is difficult is an understatement. The calm after the storm would ironically provide a battered woman with a more uphill struggle in her life. Questions like “How do I move on with my career?,” “How do I fulfill my duties as a single working parent” or “Now that I have made the decision to move on, who can I turn to for counseling?” do not provide easy answers. While the website does not offer solutions to all these, it does provide pages of resources for the battered woman in her struggle. The Career page offers advises for women moving on with her work life. While it does not offer tips in moving up the corporate ladder, it does give tips in placing order in her life that she will need in resuming her work career. The Parenting page offers hope that there is fulfillment, even as a single parent. The Religion and Literary sections addresses spiritual needs and the Hotline sections contain a listing of directories for government agencies to assist battered women. However, not all items were hopeful in nature. The Editorial section mentioned an abused woman who seemed to be resigned to her situation and still stick it out to her man who continues to abuse her. Somehow, I could not grasp the logic of her decision. Time and time again, love has been described as being “blind.” However, going through the Editorial section again and again made me think that love is not stupid. After going through each page of the femalebattle.net, I came to realize that the website did more than inform me. I was able to comprehend the magnitude of the reality of women being abused. In the end, the credit that can be given to the femalebattle website, ably handled by Phylline V. Comia as editor, is not just the assistance it tries to extend to battered women, but more on making people see the reality battered women go through and the awareness that there is hope for them. When I started surfing the web, I was worried that with all information overload, I would become jaded. Little did I know, femalebattle would still rile up my sympathy for battered women. The Manila Times Sunday, March 28, 2004 Jun Dolor is presently connected with the
University of Santo Tomas as its Webmaster. You may send your feedback
to his article via his e-mail addresses: jldolor@mal.ust.edu.ph
or jundolor@yahoo.com.
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