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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
xxx it is clear that the general rule is that an illegitimate child shall use the surname of his or her mother. The exception provided by RA 9255 is, in case his or her filiation is 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. In such a situation, the illegitimate child may use the surname of the father. (Grace Grande v. Antonio, G.R. No. 206248, February 18, 2014)
The question of surnames for illegitimate children has long been a topic of intricate social and legal concern. Historically, the use of a father’s surname for such children has been fraught with complexities, reflecting broader societal attitudes towards legitimacy, inheritance, and identity.
Art. 176 of the Family Code provides that 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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.
This provision was later amended on March 19, 2004 by RA 9255 which now reads:
Art. 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 their 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.
From the foregoing provisions, it is clear that the general rule is that an illegitimate child shall use the surname of his or her mother. The exception provided by RA 9255 is, in case his or her filiation is 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. In such a situation, the illegitimate child may use the surname of the father. (Grace Grande v. Antonio, G.R. No. 206248, February 18, 2014)
The issue of surnames for illegitimate children encapsulates broader themes of identity, social status, and equality. Historically, the use of a father’s surname for such children was fraught with challenges and reflected broader societal attitudes towards legitimacy and inheritance. While modern legal frameworks have made strides towards equal treatment, the legacy of past practices continues to affect social perceptions and legal standards. As societies continue to evolve, ongoing efforts to address these historical injustices will be crucial in ensuring that all children are afforded dignity and equal recognition, regardless of their circumstances of birth.
Related Article/s:
Rules on the Use of Surnames by a Child
IN CASE OF LEGAL SEPARATION, SHALL THE WIFE CONTINUE TO USE THE SURNAME OF HER HUSBAND?
MARRIED WOMAN ON THE USE OF SURNAME OF HER HUSBAND
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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