Republic Act No. 9255

Republic Act No. 9255

Republic Act No. 9255

 
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 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 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.”
 
SEC. 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orders, proclamations, rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
 
SEC. 3. Effectivity Clause. — This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.
 
Approved:
 
(Sgd.) FRANKLIN M. DRILON
President of the Senate
 
(Sgd.) JOSE DE VENECIA
Speaker of the House
of Representatives
 
This Act which is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 was finally passed by the House of Representatives and the Senate on January 21, 2004 and February 4, 2004, respectively.
 
(Sgd.) OSCAR G. YABES
Secretary of the Senate
 
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
 
Approved: FEB 24 2004
 
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
 
 
 

Implementing Rules and Regulation of RA No. 9255

 
ADMINISTRATIVE  ORDER NO. 1
Series of 2016
 
 
 
REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines")
 
As mandated by Republic Act No. 10625, the Civil Registrar General promulgates the Revised Implementing Rules and Regulations of Republic Act No. 9255 based on the Supreme Court Ruling in the case of "Grande vs . Antonio ", G.R. 206248 dated  February 18, 2014.
 
Rule 1.  Coverage
 
This Revised Implementing Rules and  Regulations shall apply to all illegitimate children born during the effectivity of R.A. No. 9255 ;
 
Rule 2.  Definition of Terms
 
As used in this Revised Implementing Rules and Regulations , the following terms shall mean:
 
2.1  Public Document refers to the Affidavit of Admission of Paternity and other public documents enumerated under  Memorandum Circular 04-12 dated October 18, 2004 attached as Annex A.
 
2.2  Private Handwritten Instrument is an instrument in the handwriting of the father and duly signed by him where he expressly recognizes the paternity of the child during his life.time.
 
2.3  Affidavit to Use the Surname of the Father (AUSF) is an instrument executed in order to use the surname of the father . The AUSF is a registrable document.
 
2.4  Local Civil Registry Office (LCRO) is a department in the city or municipal government mandated to perform civil registration functions .
 
2.5  Philippine Foreign Service Post (PFSP) refers to all Philippine embassies , missions , consulates general and other foreign service establishments  maintained  by  the  Department  of  Foreign  Affairs
 
(Section 5[k] of Republic Act No. 7157 (An Act Revising Republic Act No. 708, as amended).
 
As used in this Revised Implementing Rules  and Regulations, the PFSP shall refer only to Embassies and Consulates General of the Philippines abroad. The Embassy is headed  by  an  Ambassador while the Consulate General is headed by a Consul General. The Ambassador is the head of the PFSP while a Consulate General is headed by the Consul General who has also Consul and/or Vice Consul to assist him in  the  performance  of  the  consular functions. An Embassy has a Consular Section and this is under the Consul General who supervises the consular functions  of  the Embassy.
 
2.6  The  Civil  Registrar  General  (CRG)  is  the  head  of  the  Philippine Statistics  Authority  who  has  the   power   to   issue   orders   and instructions to the Local Civil Registrars regarding the performance of their duties.
 
2.7  Guardian refers to a person lawfully invested with the power, and charged with the duty, of taking care of one who, for defect of age, understanding, or self control , is considered incapable  of administering his own affairs . The  term  "guardian "  also  refers  to those authorized to exercise   substitute  parental  authority over  the child in default of parents or a judicially-appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the following :
 
1) The surviving  grandparent,  as  provided  in Article  214,  Family Code of the Philippines;
 
2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2), Family Code; and
 
3) The child's actual custodian , over 21 years of age , unless  unfit  or disqualified , as  provided  in  Article  216(3),  Family  Code  of  the Philippines.
 
2.8  Certificate of Live Birth (COLB) or Municipal Form No. 102 is the prescribed form used for the declaration of facts and circumstances surrounding the birth of a person for purposes of registration.
 
2.9  Report of  Birth (ROB)  is the  prescribed  form  used for the declaration of facts and circumstances surrounding the birth of a person  born abroad to  Filipino  parentis for  purposes  of  registration .
 
Rule 3. What to File
 
The following documents shall be filed at the LCRO or PFSP for registration :
 
3.1 Affidavit of Admission of Paternity
 
3.2 Private Handwritten Instrument
 
3.3 Affidavit to Use the Surname of the Father
 
Rule 4.  Who may file
 
The following persons are authorized to file at the LCRO or PFSP:
 
4.1  The father , mother, the person himself , if of age, or the guardian,  may file the Affidavit of Admission of Paternity.
 
4.2  The father , mother, the person himself, if of age, or the guardian , may file the Affidavit to Use the Surname of the father .
 
4.3  The father shall personally file the Private Handwritten Instrument (PHI) , if  the proof of filiation is through  a  PHI,  at  the  LCRO/PFSP  for registration.
 
The mother , the person himself, if of age, or the guardian , may file the PHI if the father is already deceased. The PHI can be accepted provided there are supporting documents to prove filiation .
 
Rule 5. Where to register
 
For births that occur in the Philippines , the Affidavit of Admission of Paternity , Private Handwritten Instrument or Affidavit to Use the Surname of the Father executed in the Philippines shall be registered at the LCRO of the place of birth.
 
For births that occur within  or  outside  the  Philippines,  the  Affidavit  of Admission of Paternity , Private Handwritten  Instrument  or  Affidavit  to  Use  the Surname of the Father executed outside the Philippines  shall  be  registered  at  the PFSP of the country of residence , or where there is none,  to  the  PFSP  of  the country  nearest the  place  of  residence  of the  party  concerned.
 
For births that occur outside the Philippines, the Affidavit of Admission of Paternity, Private Handwritten Instrument, or Affidavit to Use the Surname of the Father executed in the Philippines shall be registered at the Local Civil Registry Office of the place of execution .
 
Rule 6.  When to Register
 
The Affidavit of Admission of Paternity , Private Handwritten  Instrument,  or the Affidavit to Use the Surname of the Father shall be registered within twenty (20) days from the date of execution. Otherwise , the rules on delayed registration under Administrative Order No. 1, Series of 1993 (IRR of Act. No. 3753 and Other Laws on Civil Registration) shall apply.
 
Rule 7.  How to Register
 
7.1  The City/Municipal Civil Registrar (C/MCR), Consul General , Consul, or Vice Consul shall examine the completeness and correctness of entries in the Certificate of Live Birth (COLB)/Report of Birth (ROB) , and the supporting documents . If there are inconsistencies , the C/MCR, Consul Genera l, Consul , or Vice Consul,  shall  not accept the documents for registration .
 
7.2  Accept the following documents for registration :
• COLB/ROB
• Affidavit of Admission of Paternity
• Private Handwritten Instrument
• Affidavit to Use the Surname of the Father
 
7.3  Record the entries of the COLB/ROB in the Register of Births, Affidav it of Admission of Paternity , Private  Handwritten  Instrument and the Affidavit to Use the Surname of the Father in the Register of Legal Instruments .
 
7.4  Annotate the COLB/ROB and enter the annotation on the  Remarks portion of the Register of Births.
 
7.5  Distribute the annotated COLB/ROB ,  registered  Affidavit  of Admission of Paternity , Affidavit to Use the Surname of the Father, or Private Handwritten Instrument including any  supporting document as follows:
• first copy to the CRG;
• second copy to the LCRO/PFSP where the event was registered;
• third copy to the registrant/owner of the document;
• fourth copy shall be retained for filing by the LCRO/PFSP.
 
7.6  Issue certified copies of COLB/ROB or certified transcription (LCR Form 1A) with annotations and cert ified copies of the Affidavit of Admission of Paternity, AUSF, and Private Handwritten Instrument.
 
Rule 8.  Effects of Recognition
 
8.1  As  a rule, an illegitimate child not acknowledged  by the father  shall use the surname of the mother.
 
8.2  Illegitimate child acknowledged by the father shall  use the surname of the mother if no AUSF is executed.
 
8.3  An illegitimate child aged 0-6 years  old acknowledged  by the father shall  use the surname of the father, if the mother or the guardian , in the absence of the mother , executes the AUSF.
 
8.4  An illegitimate child aged 7 to  17 years  old  acknowledged  by the father  shall use the surname of the father if the child executes  an AUSF fully  aware of  its consequence  as attested  by the  mother or guardian .
 
8.5  Upon reaching the age of majority , an illegitimate child acknowledged by the  father shall use the surname of his father  provided that  he executes an AUSF without need of any attestation .
 
Rule 9.  Annotations
 
9.1  For births not yet registered:
 
9.1.1  Without Affidavit to Use the Surname of the Father
 
a. If Affidavit of Admission of Paternity at the back of the COLB is executed and there is no AUSF executed by the mother or the person himself , the child shall be registered under the surname of the mother. There shall be no annotation on the COLB. However, there shall be annotation  on the  Remarks Column of the Register of Births as follows:
 
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of Paternity)."
 
b. If a separate Affidavit of Admission of Paternity is executed and there is no AUSF executed by the mother or the person himself, the child shall be registered under the surname of the mother. There shall be an annotation on the COLB/ROB and on the Remarks Column of the Register of Births as follows:
 
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of Paternity) under (Registry No. of the Affidavit of Admission of Paternity)."
 
c. If a Private Handwritten Instrument is executed and there  is  no AUSF executed by the mother or the  person  himself,  the  child shall  be registered  under  the  surname  of the  mother . There  shall be  an  annotation  on  the   COLB/ROB   and  on  the  Remarks Column on the Register of Births as follows:
 
"Acknowledged by (name of father) under (Registry  No.  of the Private Handwritten Instrument)."
 
 
9.1.2 With Affidavit to Use the Surname of the Father
 
a. If Affidavit of Admission of Paternity at the back of the COLB is executed and an AUSF is executed by the mother or the guardian, in the absence of the mother, or the person himself , the child shall be registered under the surname of the father . There shall be no annotation on the COLB. However , there shall be annotation on the Remarks Column of the Register of Births as follows :
 
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of Paternity) pursuant to RA 9255. "
 
b. If Affidavit of Admission of Paternity is executed in a separate public document , and an AUSF is executed by the mother or the guardian , in the  absence of the mother, or the person himself , the child shall be registered under the surname of the father. There shall be an annotation on the COLB/ROB and on the Remarks Column of the Register of Births as follows:
 
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of Paternity) under (Registry No. of the Affidavit of Admission of Paternity)" pursuant  to  RA 9255."
 
c. If a Private Handwritten Instrument is executed and an AUSF is executed by the mother or the guardian, in the absence of the mother or the person himself , the child shall be registered under the surname of the father. There shall be an annotation on the COLB/ROB and on the Remarks Column of the Register of Births as follows:
 
"Acknowledged by (name of father) under (Registry  No.  of the Private Handwritten Instrument)" pursuant to RA 9255. "
 
 
9.2 For births previously  registered  under the surname of the mother and not acknowledged by the father
 
9.2.1 Without Affidavit to Use the Surname of the Father
 
a. If Affidavit of Admission of Paternity is executed in a separate public document and there is no AUSF executed  by the mother or  the  guardian , in the  absence  of  the  mother,  or  the  person himself ,  the  COLB/ROB  and  on  the  Remarks  Column  of  the Register of Births shall be annotated as follows :
 
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission  of Paternity)  under (Registry No. of the Affidavit of Admission of Paternity) ."
 
b. If a Private Handwritten Instrument  is presented  and there  is no AUSF executed by the mother  or the  guardian , in the  absence  of the mother , or the person himself , the COLB/ROB and on the Remarks Column of the Register of Births shall be annotated as follows:
 
"Acknowledged by (name of father) under (Registry No. of the Private Handwritten Instrument)."
 
 
9.2.2.  With Affidavit to Use the Surname of the Father
 
a. If Admission of Paternity is  executed  in  a  separate  public document , and an AUSF is  executed  by  the  mother  or  the guardian , in the absence of  the  mother ,  or  the  person  himself , the child shall use the surname of the father . There shall be an annotation in the COLB/ROB and on the Remarks Column of the Register  of Births as follows :
 
"Acknowledged by (name of father) on (date of ex ecution of the Affidavit of Admission of Paternity) under (Registry No. of the Affidavit of Admission of Paternity). The child shall be known as (full name of the child) pursuant to RA 9255."
 
b. If a Private Handwritten Instrument is presented and an AUSF is executed by the mother or the guardian , in the absence  of  the mother , or the person himself, the  child shall  use the  surname  of the father . There shall  be  an  annotation  on  the  COLB/ROB  and on the  Remarks  Column of the  Register  of  Births as follows:
 
"Acknowledged by (name of father) under (Registry No of the Private Handwritten Instrument)." The child shall be known as (full name of the child) pursuant to RA 9255."
 
9.3 For births previously  registered using the surname  of the mother and the child is acknowledged by the father
 
9.3.1 With Affidavit to Use the Surname of the Father
 
If the AUSF is executed by the mother or the guardian , in the absence of the mother , or the person himself , the child shall use the surname of the father. There shall be an annotation on the COLB/ROB and on the Remarks Column of the Register of Births as follows :
 
''The child shall be known as (full name of the child) pursuant to RA  9255."
 
 
Rule 10.  Separability Clause
 
If any provision of this Revised Implementing Rules and Regulations is declared void or unconstitutional , the remaining portions or provisions thereof shall not be affected by such declaration .
 
Rule 11.  Repealing Clause
 
All circulars , memoranda , rules and regulations or parts thereof inconsistent with the provisions of this Revised Implementing Rules and Regulations are hereby repealed or modified accordingly.
 
Rule 12.  Effectivity
 
This Revised Implementing Rules and Regulations shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines .
 
 
Approved  this 22nd of March 2016.
 
 
 
LISA GRACE S. BERSALES, Ph.D.
National Statistician and Civil Registrar General