RA 9255

What is Republic Act 9255? It is an Act allowing illegitimate children to use the surname of their father provided that the father has acknowledged the child, amending Article 176 of Executive Order No. 209 (Family Code of the Philippines). It was signed into law by President Arroyo on February 24, 2004 and took effect on March 19, 2004, fifteen days after its publication in the Manila Times and Malaya. The implementing rules and regulations (IRR) was approved on May 18, 2004 and took effect on June 2, 2004, fifteen days after its publication in the Manila Times. What is the scope of R.A 9255? This law applies to all illegitimate children born before or after the effectivity of RA 9255. This includes: Unregistered births; and Registered births where the illegitimate children use the surname of the mother. What is the requirement in order that an illegitimate child may use the surname of his/her father? The requirement may be made either in a public document or in a private handwritten instrument executed by the father. Specifically, these are the affidavits found at back of the Certificate of Live Birth (COLB), a separate public document or the Affidavit to Use the Surname of the Father (AUSF); and a private handwritten instrument executed and duly signed by the father expressly recognizing paternity to the child. The Affidavit to Use the Surname of the Father (AUSF) is used in cases where recognition is made through a private handwritten instrument, or when the birth has already been registered under the mother's surname with or without the father's recognition. For private handwritten instruments, other documents are required to be submitted to support the claim made. In particular submission of any two of the following are needed: 1. Employment records; 2. SSS/GSIS records; 3. Insurance; 4. Certification of membership in any organization; 5. Statement of Assets and Liabilities; or 6. Income Tax return (ITR) Consent of the child is necessary, if the child is eighteen (18) years old or more at the time of recognition. Consent of the child is necessary, if the child is eighteen (18) years old or more at the time of recognition.

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Who may file? The father; mother; the child, if of legal age, or the guardian may file the public document or the AUSF in order for the child to use the surname of the father. Where to file the public document or the AUSF? If the child was born in the Philippines and the public document or the AUSF was executed in the Philippines, the public document or the AUSF shall be registered at the Local Civil Registry Office (LCRO) of the place where the child was born. If the child was born in the Philippines and the public document or the AUSF was executed outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila. If the child was born outside the Philippines and the public document or the AUSF was executed or the AUSF was executed in or outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila. After registration of the public document or the AUSF, the LCRO of the place of birth shall annotate the record of birth and the appropriate entry in the registry book. For births, which occurred outside the Philippines, the annotation of the record of births shall be done by the OCRG. When should the public document or the AUSF be filed? Recognition or acknowledgment made in a public document other than the record of birth or the AUSF shall be registered within 20 days from the date of execution. Can an illegitimate child whose mother is below eighteen years old when he/she was born use the surname of his/her father pursuant to RA 9255? Yes, provided that the father of the child has admitted paternity to the child. For registered births, can the original surname of the child in the Certificate of Live Birth be changed or corrected after availing of RA 9255? No. No entry in the Certificate of Live Birth shall be changed or corrected. Only annotations shall be written in the Certificate of Live Birth indicating the surname that the child shall use. For births yet to be registered, can the child automatically use the surname of his/her father?

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Yes, provided that the father executes an Affidavit of Admission of Paternity at the time of registration. How can we secure a copy of the annotated document from the OCRG? Copies of annotated documents, which underwent RA 9255, can be secured at the OCRG after submission of the following documents: 1. Certified copy of the original Certificate of Live birth (no annotation) 2. Copy of the annotated document 3. Certified copy of the public document and AUSF of private handwritten instrument and AUSF, together with the supporting documents and consent of the child, if eighteen (18) years old or over. How much is the processing fee for an annotated document? Processing fee is Php 140 per copy. 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" 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: February 24, 2004.

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REPUBLIC ACT. NO. 9858 AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows: "Art. 177. Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated." "Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the chairpersons of the Committee on Revision of Laws of the House of Representatives and the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity. Section 3. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly. Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation. Approved, JUAN PONCE ENRILE President of the Senate PROSPERO C. NOGRALES Speaker of the House of Representatives

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This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and the Senate on October 13, 2009. EMMA LIRIO-REYES Secretary of the Senate MARILYN B. BARUA-YAP Secretary General House of Representaives Approved: DEC 20, 2009 GLORIA MACAPAGAL–ARROYO President of the Philippines What is RA No. 9858? It is an Act providing for the legitimation of children born to parents below marrying, amending Article177 of Executive Order No. 209 (Family Code of the Philippines).It was signed into law by President Arroyo on December 20, 2009 and took effect on December 1, 2010,fifteen days after its publication. The implementing rules and regulations (IRR) was approved on October 26, 2010 and took effect on November 10, 2010, fifteen days after its publication. Coverage of RA 9858 This law applies to all children conceived and born outside of marriage of parents who: a. At the time of conception of the child, were not disqualified by any impediment to marry each other; or b. Were so disqualified only because either or both of them were below eighteen (18) years of age. What is the requirement in order that a child may be legitimated? The following must be established: a. The parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s; b. The child conceived and born outside a valid marriage; c. The parents subsequently enter into a valid marriage. Who shall execute? a. Both parents shall execute a Joint Affidavit of Legitimation; and

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b. The surviving parent in case one of the parents dies or is presumed dead, shall execute an Affidavit of Legitimation; c. In case where both parents died without executing any Affidavit of Legitimation, the child, if of age, may file a petition for legitimation in court. If the child is a minor, the judicially appointed guardian or by person authorized by law to exercise substitute parental authority as enumerated under Article 216 of the Family Code of the Philippines may file the petition in court. Who shall Register? The following shall register the affidavit of legitimation: a. The father and/or mother of the child to be legitimated; or b. The child if of legal age; or c. Any person authorized by the above or by law as provided by Article 216 of the Family Code. What to Register? The Affidavit of Legitimation shall be registered. It shall be supported by the following documents: a. Certified True Copy (CTC) of the Certificate of Live Birth of the Child; b. CTC of the Certificate of Marriage of parents; c. Certificate of No Marriage of both parents; d. Death Certificate of the deceased parent/s in case of death of either parent; and e. Court order of the presumptive death, in case one of the parents is presumed dead. Where to file the public document or the RA 9858? If the child was born in the Philippines and the public document or the Affidavit of Legitimation was executed in the Philippines, the public document or the Affidavit of Legitimation shall be registered at the Local Civil Registry Office (LCRO) of the place where the child was born. If the child was born in the Philippines and the public document or the Affidavit of Legitimation was executed outside the Philippines, the public document or the Affidavit of Legitimation shall be registered at the LCRO of Manila. If the child was born outside the Philippines and the public document or the Affidavit of Legitimation was executed or the Affidavit of Legitimation was executed in or outside the Philippines, the public document or the Affidavit of

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Legitimation shall be registered at the LCRO of Manila. After registration of the public document or the Affidavit of Legitimation, the LCRO of the place of birth shall annotate the record of birth and the appropriate entry in the registry book. For births, which occurred outside the Philippines, the annotation of the record of births shall be done by the OCRG. When should the public document or the Affidavit of Legitimation be filed? Recognition or acknowledgment made in a public document other than the record of birth or the Affidavit of Legitimation shall be registered within 30 days from the date of execution. For registered births, can the original surname of the child in the Certificate of Live Birth be changed or corrected after availing of RA 9858? No. No entry in the Certificate of Live Birth shall be changed or corrected. Only annotations shall be written in the Certificate of Live Birth indicating the surname that the child shall use. How much is the processing fee for an annotated document? Processing fee is Php 140 per copy. “The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. ...”Note: All requirements may vary depending on the City Civil Registry Office where the documents registered.

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