Republic Act 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
How to Change a Surname Under
Philippine Law
It's more difficult to change your surname than your first name in the
Philippines, but it can be done by court order from the Regional Trial
Court of your city if you have a good reason for the change and provide
all necessary documents.
In some countries, you can change your surname whenever (and to
whatever) you like with relative ease, but the rules on surname change
are strict in the Philippines. Under Filippino law, a person’s surname is
considered to be fixed, and it can be changed only for good reason and in
a court of law.
TL;DR (Too Long; Didn't Read)

It's more difficult to change your surname than your first name in the Philippines, but it
can be done by court order from the Regional Trial Court of your city if you have a
good reason for the change and provide all necessary documents.

Grounds for Changing Surname

The Philippines Supreme Court declared that the only grounds for change of name
are:

 When the name is ridiculous, dishonorable or difficult to write or pronounce

 When the change is a result of legal proceedings, such as legitimation (i.e. when an
illegitimate child's father is legally recognized as his father)
 When the change avoids confusion
 When a person has used and been known by a Filipino name since birth and was
unaware of alien (non-Filippino) parentage
 When a person sincerely wants to adopt a Filipino name in good faith to erase signs of
alienage
 When the name causes embarrassment, and the change is not against public interest.

Process for Changing a Surname

To change your surname in the Philippines, you need a court order from the Regional
Trial Court of your municipality or city. You file a petition explaining why you want to
change your surname and including all required documents. These include National
Bureau of Investigation clearance, police clearance, your baptismal certificate, your
birth certificate, school records or employment certificate and valid forms of
identification. The court will set a date for a hearing, which anyone can attend (and
potentially oppose your change of surname).

Changing Child’s Surname

If the registered birth certificate of an illegitimate child born in the Philippines after
August 3, 1988 shows the mother’s surname, the mother, father, guardian or child (if
18 or over) can file an Affidavit to Use the Surname of the Father with the civil registry
office that registered the child’s birth. As well as the Affidavit, a Private Handwritten
Instrument or an affidavit of acknowledgement from the father is required. If the child
was born abroad, her birth certificate must be annotated by the Philippine Statistics
Authority. If you are a mother who wants to change your child's surname to your own,
you need to get a court order. However, the Supreme Court has ruled that a child's
change of surname may only be granted when she reaches 18 and can make her own
decision.

Changing a Surname After Marriage

It's not a legal requirement to change your surname when you get married in the
Philippines, and a woman who wants to officially take her husband's surname only has
to comply with change of status requirements. No court order is required. It makes
sense (and saves money) to wait for forms of identification (such as passport and
driver's license) to expire, then change the status and surname at the same time as
part of the renewal process.

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It's more difficult to change your surname than your first name in the Philippines, but it
can be done by court order from the Regional Trial Court of your city if you have a
good reason for the change and provide all necessary documents.

In some countries, you can change your surname whenever (and to whatever) you like
with relative ease, but the rules on surname change are strict in the Philippines. Under
Filippino law, a person’s surname is considered to be fixed, and it can be changed
only for good reason and in a court of law.

TL;DR (Too Long; Didn't Read)

It's more difficult to change your surname than your first name in the Philippines, but it
can be done by court order from the Regional Trial Court of your city if you have a
good reason for the change and provide all necessary documents.

Grounds for Changing Surname

The Philippines Supreme Court declared that the only grounds for change of name
are:

 When the name is ridiculous, dishonorable or difficult to write or pronounce

 When the change is a result of legal proceedings, such as legitimation (i.e. when an
illegitimate child's father is legally recognized as his father)
 When the change avoids confusion
 When a person has used and been known by a Filipino name since birth and was
unaware of alien (non-Filippino) parentage
 When a person sincerely wants to adopt a Filipino name in good faith to erase signs of
alienage
 When the name causes embarrassment, and the change is not against public interest.

Process for Changing a Surname

To change your surname in the Philippines, you need a court order from the Regional
Trial Court of your municipality or city. You file a petition explaining why you want to
change your surname and including all required documents. These include National
Bureau of Investigation clearance, police clearance, your baptismal certificate, your
birth certificate, school records or employment certificate and valid forms of
identification. The court will set a date for a hearing, which anyone can attend (and
potentially oppose your change of surname).

Changing Child’s Surname

If the registered birth certificate of an illegitimate child born in the Philippines after
August 3, 1988 shows the mother’s surname, the mother, father, guardian or child (if
18 or over) can file an Affidavit to Use the Surname of the Father with the civil registry
office that registered the child’s birth. As well as the Affidavit, a Private Handwritten
Instrument or an affidavit of acknowledgement from the father is required. If the child
was born abroad, her birth certificate must be annotated by the Philippine Statistics
Authority. If you are a mother who wants to change your child's surname to your own,
you need to get a court order. However, the Supreme Court has ruled that a child's
change of surname may only be granted when she reaches 18 and can make her own
decision.
Changing a Surname After Marriage

It's not a legal requirement to change your surname when you get married in the
Philippines, and a woman who wants to officially take her husband's surname only has
to comply with change of status requirements. No court order is required. It makes
sense (and saves money) to wait for forms of identification (such as passport and
driver's license) to expire, then change the status and surname at the same time as
part of the renewal process.

References

 Philippines Statistics Authority: Birth Certificate Already Registered and Child is Under
the Surname of the Mother and a Private Handwritten Instrument (PHI) by the Father is
Presented