The retroactive application of R.A. No. 9255, or 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, is now allowed.
As a brief background, previously under Article 176 of the Family Code, it was stated that the illegitimate children shall use the surname of their mother. This provision was amended by Republic Act No. 9255 which now reads 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.”
Through the said amendment, illegitimate children may now use the surname of their father if their filiation has been expressly recognized by their father based on the following documents described therein. To implement the same, the Office of the Civil Registrar General issued Philippine Statistics Authority (PSA) Administrative Order No. 1-2004 which provides the list of requirements in using the surname of the father. The coverage of this rule under the said IRR shall apply only to illegitimate children born during the effectivity of R.A. No. 9255, which means that this will only apply to births occurring on or after 19 March 2004:
Rule 1. Coverage
This Revised implementing Rules and Regulations shall apply to all illegitimate children born during the effectivity of R.A No. 9255.
Thereafter, PSA Administrative Order No. 1-2016 amending PSA Administrative Order No. 1-2004 was issued, but the coverage of the application of this rule remained the same.
Just recently, PSA Administrative Order No. 1-2023 was released which further amended PSA Administrative Order No. 1-2016. In the latest amendment, the rule shall now apply to all non-marital children during the effectivity of the Executive Order No. 2019 or the Family Code of the Philippines, or children born on or after 3 August 1988.
This would mean that illegitimate children born on or after 3 August 1988 but before 19 March 2004 would no longer need to file a Petition for Correction/Change of Name in court to allow them in using the surname of their father. With the said amendment, the process can now be done administratively.
It can also be noted under the same Administrative Order that it was expressly stated that R.A. No. 9255 shall have retroactive effect for all births occurring within and outside the Philippines.