| Summary: 1. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code. (Please read the related post If a wife gets pregnant by a man not her husband, will the child be legitimate or illegitimate?) 2. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. 3. A petition for compulsory recognition of an illegitimate child must be filed during the lifetime of the alleged parent. 4. Illegitimate children must use the surname of their mother. They are under the exclusive parental authority of their mother. RA 9255, however, gives illegitimate children the right to use their biological father’s surname under certain conditions. But the children remain illegitimate even if they use their biological father’s surname in their birth certificates; their father cannot exercise parental authority over them. 5. If the biological father does not acknowledge the child, the entry for middle name in the birth certificate must be left blank. 6. The legitime (share in the inheritance) of each illegitimate child is one-half of a legitimate child’s legitime. 7. Illegitimate children are entitled to financial support. 8. If the mother of an illegitimate child dies, who will exercise parental authority? 9. Related posts:
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(Note: Click the graphic to download a free PDF newsletter on the topic “Visitation rights over illegitimate children.” This PDF is for your personal, non-commercial use only; you must not upload it to any website, blog, file-sharing platform, or the cloud.)Articles 175 and 176 of the Family Code provide for the ways by which illegitimate children can establish their filiation, and their rights as to their surname and inheritance. (Republic Act 9255, approved on February 24, 2004, amended Art. 176.)
Who are illegitimate children?
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code.
How can illegitimate children establish their filiation?
Illegitimate children may establish their filiation (or relationship with their biological parent) in the same way and on the same evidence as legitimate children.
How can the filiation of legitimate children (and of illegitimate children) be proved?
The filiation of legitimate children is established by any of the following:
1. The record of birth appearing in the civil register or a final judgment; orIn the absence of these evidence, the legitimate filiation is proved by:
2. An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
1.] The open and continuous possession of the status of a legitimate child; orWhat is the difference between voluntary recognition and compulsory recognition of an illegitimate child?
2. Any other means allowed by the Rules of Court and special laws.
Voluntary recognition must be express such as that in a record of birth appearing in the civil register, a final judgment, a public instrument or private handwritten instrument signed by the parent concerned. The voluntary recognition of an illegitimate child by his or her parent needs no further court action and is, therefore, not subject to the limitation that the action for recognition be brought during the lifetime of the putative parent.(Divinagracia v. Bellosillo, No. L-47407, 12 August 1986, 143 SCRA 356; Victoria C. Tayag, Petitioner, vs. Felicidad A. Tayag-Gallor, Respondent, G.R. No. 174680, March 24, 2008)
Judicial or compulsory recognition, on the other hand, may be demanded by the illegitimate child of his parents and must be brought during the lifetime of the presumed parents.
Who should file the action to claim the status of an illegitimate child? When should it be filed?
Based on Article 175, the action (or court case, in simpler terms) to claim the status of an illegitimate child must be filed:
- by the guardian of a child who is a minor, or is incapacitated or insane, during the child’s lifetime;
- by the child, upon reaching the age of majority;
- by the child’s heirs if the child dies during minority or insanity, within five years from the death.
If the ground for filing the action is open and continuous possession of the status of a illegitimate child, it must be filed during the lifetime of the alleged parent. (Article 175, 2nd paragraph)
What surname should illegitimate children use?
(Note: Please read my post “What surname should illegitimate children use?”)
Illegitimate children should use the surname and be under the parental authority of their mother. They are entitled to support in conformity with the Family Code. (Article 176, Family Code)
Republic Act 9255, approved on February 24, 2004, amended Article 176. Under RA 9255, illegitimate children may use 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. The father, however, has the right to file an action before the regular courts to prove non-filiation.
If the father does not recognize the child, the entry for middle name in the birth certificate must be left blank
In the case of In Re: Petition for Change of Name and/or Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang, the Supreme Court ruled:
Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The Family Code gives legitimate children the right to bear the surnames of the father and the mother, while illegitimate children shall use the surname of their mother, unless their father recognizes their filiation, in which case they may bear the father’s surname.How much is the legitime (share in the inheritance) of an illegitimate child?
Applying these laws, an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’ surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he bears both his mother’s surname as his middle name and his father’s surname as his surname, reflecting his status as a legitimated child or an acknowledged child.(Emphasis by boldfacing supplied)
The legitime of each illegitimate child is one-half of the legitime of a legitimate child. Please read “Computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half”.
Illegitimate children are entitled to financial support
1. If the illegitimate children have not been recognized by their biological father, they can file a petition for compulsory recognition and financial support. They can ask the court to compel the father to undergo DNA testing. (Please read DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence)
2. If the father has recognized the illegitimate children by signing the birth certificate or through a written document, they can file a petition for Protection Order for support under Section 8, paragraph (g) of RA 9262. (If the father claims that his signature or the document was forged, they can ask the court to compel him to undergo DNA testing.)
Through a Protection Order, the court will order the father and his employer to set aside a certain percentage of his salary to be remitted directly to the children on a monthly basis. If the father or his employer, or both fail to do so, they can be charged with contempt of court.
The Family Code does not provide a specific percentage of the monthly salary for the support. It only provides that amount of support is balanced between the necessities of the person asking for support and the financial capability of the person from whom support is being asked. Support can be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
If the mother of an illegitimate child dies, who will exercise parental authority?
An OFW from the Middle East e-mailed me asking about his right to his illegitimate children since the mother has died. He said that he wants custody of his children, but the maternal grandparents refuse to let the children be with him.
Article 212 of the Family Code states: “In case of absence or death of either parent, the parent present shall continue exercising parental authority.”
I stand to be corrected, but I do not think that Article 212 applies in this situation. Notice that it says “the parent present shall continue exercising parental authority.” But under Article 176 of the Family Code, sole parental authority belongs to the mother. The biological father does not have any parental authority, and so, in case of the mother’s death, what parental authority can he “continue” to exercise?
I think Article 214 of the Family Code provides a possible answer. It says:
In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.The question is which grandparents – the maternal grandparents or the paternal grandparents? Again based on Article 176, I will say that it is the grandparents on the illegitimate child’s mother side who should exercise parental authority.
In the situation of that OFW I told you about above, he can of course file a petition in court for parental authority to be granted to him. He can file a petition to this effect or file for adoption of his illegitimate children under RA 8552. Either way, if the court grants his petition, he will have parental authority over his children.
241 comments :
«Oldest ‹Older 201 – 241 of 241good day atty!!!
i had a son who i turning four on Oct 4, and right now he's on the way to followed us here in the US,
my problem is, he will gonna picked up by my husband and he's biological father also.
We haven't gor married when i born him, we only got married last November 15, 2008. But my husband acknowledge him at signed the 2nd part of his birth cert. Republic act 0f 9255 (acknowledge by father)
Is he still a illegitimate child? eventhough he was acknowledge in the birth but we didn't update at the registry and not submitted our marriage cert..
please help me, i just wanted my son not to have some conflicts during his trip with his dad coming iver here in the US..
Thank you very much..
good day atty!!!
i had a son who i turning four on Oct 4, and right now he's on the way to followed us here in the US,
my problem is, he will gonna picked up by my husband and he's biological father also.
We haven't gor married when i born him, we only got married last November 15, 2008. But my husband acknowledge him at signed the 2nd part of his birth cert. Republic act 0f 9255 (acknowledge by father)
Is he still a illegitimate child? eventhough he was acknowledge in the birth but we didn't update at the registry and not submitted our marriage cert..
please help me, i just wanted my son not to have some conflicts during his trip with his dad coming iver here in the US..
Thank you very much..
Since you are involved in an ongoing legal problem, you should retain the services of a lawyer to defend your rights (although at the barangay level, lawyers are not allowed).
When your parents got married here in the Philippines in 1980, the prevailing law was the New Civil Code of the Philippines and not the Family Code. Under the NCC, the default system of property relations between a husband and wife was conjugal partnership of gains (CPG). CPG is now covered by Articles 105 to 142 of the FC. If your mother can prove that the properties acquired during the marriage with your father all came from her, then she can claim these properties. The procedure for liquidating the CPG is found under Article 129 to 133 of the FC. Your mother, you and your siblings should therefore retain the services of a lawyer-notary public who will help you either come up with an extra-judicial settlement or file a petition for a judicial settlement of estate.
On the other hand, the property relations between your father and the mistress are governed by Article 148 of the FC which states:
"In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
"If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her share shall be forfeited in the manner provided in the last paragraph of the preceding Article."
Please also read “When a man is married to or living in with several women successively or simultaneously, who has the right to inherit from him?” (look for the link in the sidebar)
Please read my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please also read the comments and my replies to the comments. The filing of a concubinage case may be a little late since your father is already dead. In a concubinage case, both the husband and the mistress must be charged.
As to the documents that you are thinking about (apology, no actions to be done later on, etc), these are known as “quitclaims” or “desistance”. You should personally consult a lawyer to draft or review these documents for you.
For free legal assistance, please contact the DOJ Action Center. The DOJAC acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your town or city.
Leonila,
Please read my articles:(1)Family Code of the Philippines: Primer on legitimation; and (2)Legitimation, the rights of illegitimate children, Spongebob and Gary, Dingdong and Marianne ...
Legitimation is covered by Articles 177 to 182 of the Family Code. Please surf to the NSO website or inquire with the Local Civil Registrar as to what the required documents are.
Dear Atty,
My family wish to be clarified on the issue of child custody over an illegitimate child.
My sister gave birth to a baby girl out of wedlock, and her boyfriend acknowledged paternity by signing at the back of the birth certificate. However, my sister died a few days after childbirth. My family is confused on who has the right over child custody considering that the child is illegitimate. Presently the baby is under our care, but the boyfriend takes the baby for about a week every two weeks or so. My family would like to give restrictions over his "visitation rights", but he says it is his right as the father to be with his child.
Questions:
1. Is the father of an illegitimate child entitled to child custody if the mother dies?
2. Can my family contest child custody, on the grounds of incapacity? You see, the father has parkinsons disease.
3. Please give us some advice on what actions my family ought to do so we can be granted child custody.
Thank you and more power.
Confused
Confused,
Under Article 176 of the Family Code, sole parental authority belongs to the mother. Even if the child is using the father's surname in the birth certificate, the child is still illegitimate. The biological father only has visitation rights.
Since the mother has died, your family should file a petition for guardianship under A.M. No. 03-02-05-SC “Rule on Guardianship of Minors”. Please surf to http://familymatters.org.ph/Procedural%20Laws/Supreme%20Court%20Rule%20on%20Guardianship%20of%20Minors.htm to read this rule.
Hi Attorney Galacio,
I have a daughter 9yrs of age. I didn't signed any documents like birth certificate etc. I've been giving financial support ever since but not all the time. Now, since her mother is already married to another man, i decided to stop the financial support i'm giving. They filed a complaint to a notary public attorney.
Question:
1.Do they have the right to ask for support even if i didn't acknowledge the child since birth?
2.And if my daughter is using her stepfather's surname (possible adopted but not so sure).Will still have the right for financial support from me?
Thank you in advance.
1. The child’s status as an illegitimate child can be established under Article 175 in connection with Article 172 of the Family Code. For example, one way of establishing illegitimate filiation (your relation to the child) is through “open and continuous possession of illegitimate status since childbirth.” Your act of supporting the child since her birth is evidence of her illegitimate status. This can be used as evidence in favor of the child in any petition to ask for support against you.
2. Please read my post “Procedures in adoption under RA 8552” (look for the link in the sidebar). The law requires that your consent be obtained before a petition for adoption can be filed or approved by the court.
Once a child has been legally adopted, her ties with you will be terminated including the right to be supported. However, she will still have the right to inherit from you.
I'm a single parent and was not married to my son's father. He left me for another woman 4 months after i give birth. Now he still sees my son, atleast twice a week. he is not giving me any regular financial support but does give money for tuition fee whenever i asked him. MY son is bringing his last name. Do I have the right to ask him for regular financial support? Can he and his parents bring my son to another country for a vacation even if i don't allow it? Do i have the right to stop him from seeing my son since im planning to leave the town with my son for good? our set up right now has created confusion to my son. he's 4 and has been telling me to have a complete family, he sees his dad with the other girl whenever he's with him. and i just detest it. please help.
jenainee,
[1] Yes, you can ask for support. Please read my post “Support for abandoned woman and family” (please look for the link in the sidebar). You should retain the services of a lawyer to help you file the petition for Protection Order for financial support. Try asking for help from the SALIGAN (Sentro ng Alternatibong Lingap Panligal) Manila, G/F Hoffner Building, Social Development Complex, Ateneo de Manila University, Loyola Heights, Quezon City, Philippines; Tel. (632) 426-6001 loc. 4858-4860, Telefax: (632) 426-6124; E-mail: saligan@saligan.org; Website: www.saligan.org
[2] Your child is illegitimate and so under Article 176 of the Family Code, you have the sole parental authority over him. This is true even if the child is using the father’s surname in the birth certificate. What the father has is visitation rights. Please read my post on “Visitation rights over illegitimate children” (look for the link in the sidebar). If you and the father cannot agree on the terms and conditions of the visitation, then he can file a petition in court asking it to set such terms and conditions.
Sole parental authority means that ALL decisions regarding the child belong to you. Your ex-partner and his parents cannot bring your child to another country for vacation without your permission.
As you can read from my post on visitation rights, even if the court grants your ex-partner visitation right, this cannot prevent you from relocating to another town or even immigrating to another country. As I said, sole parental authority belongs to you under Article 176.
IF THERE ARE GROUNDS FOR IT, you can file a petition in court for a Protection Order under RA 9262 “Anti-Violence Against Women and their Children of 2004.” This petition is called a “stay away” order where your ex-partner will be compelled by the court to stay away from you and your son. Please read my RA 9262 posts (look for the links in the sidebar).
Please take note however that for your child's proper development, it is essential that he grow up knowing and loving both you and his biological father.
I have read the article re: concubinage, adultery....
To my understanding , only the husband or the wife committing the crime can be sued. Tama po ba ang pagkakaintindi ko na ang third party ay hindi maaaring idemanda dahil hindi sya kasama doon sa article.
In a criminal charge for concubinage, BOTH the man and the mistress must be charged. In a crime of adultery, BOTH the wife and the paramour (adulterous partner) must be charged.
In a charge for psychological violence under RA 9262, the wife can file the case only against the man.
im about to give birth this september and im unmarried.its obvious that my baby's surname will be after me. my baby's father and i were no longer together since i found out that he's already married. what shall i write on the birth certificate for the fathers name? is it ok to put ANONYMOUS? he doesnt what either to use his surname for my baby. pls help me.. tnx
Please consult the Local Civil Registrar in your town or city. A lot of LCRs allow the writing of “unknown” in the entry for father’s name.
A question for you Atty...
I am married with 1 kid. my husband and i had been separated for 2 yrs now. And now I have a partner and about to give birth. I know the baby can use his name. Here is my question. Will I still be able to get my illegitimate child if i go to a diff. country? And what will be the problems or implications if i petition the 2nd child?
thanks
I have a daughter and I didn't get married. I gave my middle name and surname to my daughter. Would that be okay? Do I have to remove the middle name? Do I have to change it in civil registrar? But How? please help me.
Please read my post “If a wife gets pregnant by a man not her husband, will the child be legitimate or illegitimate?” (look for the link in the sidebar).
The entry for middle name should have been left blank. Based on the birth certificate, it appears that you and your daughter are sisters.
You can file a petition under Rule 103 to change your child’s name. (RA 9048 or the Guinigundo Law might not apply since this law is only for changes in first names.) The Supreme Court decision on leaving the entry for middle name blank is “REPUBLIC OF THE PHILIPPINES, Petitioner, vs. TRINIDAD R.A. CAPOTE, Respondent. G.R. No. 157043, February 2, 2007”
attorney my husband and i are married...and i am living here in the US..he had a mistress..and unfortunetly they had twins while i was away..the reason why i couldnt petition him right away because he had a pending case...now that i wanna get him to go here..will his illegitimate kids can go here with him?!!
kasal po kami ng asawa ko..nag kaanak po sila ng kabit nya...
attorney maisasama po ba ng asawa ko ung anak nya sa kabit nya? kc ayaw ko pong isama pa ung mga illegitimate nyang anak..dhil may anak rin po kami dto!!
Illegitimate children are under the sole parental authority of the mother. You have to inquire with the US embassy as to what your remedies are. But since you are the petitioner, you will have the options of who to include in your petition.
Of course, if your husband is in the US already as an immigrant or as a naturalized citizen, he might possibly have the right to petition by himself his illegitimate children.
Hi Atty. Galacio,
I am thankful i have read your web pages.
I had a baby 2 yrs. ago out of wedlock but his father didnt recognized him as a son then I meet my partner now, he wants to acknowledge the child as a father. my question is "
Does the biological father still have the right to ask for his rights as a father in the future?
Thank you and I am looking forward for your reply.
Yes, the biological father can.
If your present partner wants to make it appear in the birth certificate that he is the father when he is actually not, this could possibly lead to a criminal charge of “simulation of birth.”
im pregnant and about to give birth next month.my ex bf is married and have kids. he is willing to acknowledge our baby but im not sure if he wants to give financial support.can i demand for a child support?at least 25% of his income?what are the consequences i have to face if i file a case for child support?
thank you very much.
1. Please read my post “Financial support for abandoned woman and family” (look for the link in the sidebar).
2. Depending on the circumstances of your relationship, the legal wife can possibly file a concubinage case against your ex-BF and you.
Hello Atty. Galacio!
I find your website very informative and I know that you will be able to help me with my current problem.
I had my civil wedding in 1982 at the Office of the Mayor in Laguna then a Catholic Church wedding in Pangasinan the following year, 1983. I filed for an annulment of marriage in November 1990 and got the finality of the decision in January 1992. The entry of final judgment stated that the Local Civil Registrar in Pangasinan where I had my church wedding be directed to annotate the judgment in the Registry of Marriage but missed to include the Local Civil Registrar in Laguna where I had my civil wedding. We had no real properties so there was nothing to partition and distribute. I have the custody of my two children who were then below 7 years old and I did not ask for any financial assistance/support from my ex-husband. With God’s blessings, my children are now college grads.
Last 2007, I met an old friend…fell in love and intend to get married the soonest. We learned that a decree of annulment is essential for me to remarry. My daughter checked on my records at the NSO and as expected, my marriage contract is intact. There is no annotation for no documents were submitted to the Local Civil Registrar. When I obtained the finality of the decision in 1992, I thought it was all over and that the nitty-gritty was my lawyer’s responsibility. More so, I did not have the intention to remarry during that time. I just wanted to get away from a very difficult marriage situation. My lawyer died years ago and all these years, I never checked on my records at NSO not until this time.
With 17 years after the finality of the decision was granted, can I still get a decree of annulment? If yes, how do I go about it? How do I reconcile the fact that I had a civil wedding in Laguna but was missed to include in the entry of final judgment? We have an NSO Provincial Office, do I have to go to the Main Office to annotate my marriage contract?
Any information on this matter will be greatly appreciated. Thank you very much and more power to you!
Sincerely,
Iya
Iya,
Your civil wedding was valid (assuming of course that all the requisites were complied with). There was no need therefore for the church wedding in 1983. You should review the documents in your annulment case as to whether the LCR in Laguna was impleaded and/or included in the court decision.
The “decree of annulment” you are referring to is issued by the court after all the requirements have been complied with. This is different from the certificate of finality of the decision or of the entry of judgment. You should also have made sure that this was annotated in your marriage contract or certificate on file with the NSO. You are correct however that your lawyer should have worked on these things.
One possible remedy that you have at this point in time is to file a petition asking the court to require the LCR in Laguna and the NSO to annotate the “decree of annulment” which you obtained from that 1992 case. You need to get from the court itself whatever records they still have (you can also look for your own records or the records of your deceased lawyer). You can also inquire with the OCC (Office of the Clerk of Court) of the town or city where you filed the annulment case. The OCC has a big blue book called “Entries of Judgment”. This book contains details of cases and sometimes copies of decisions are attached. Other OCCs hand copy the details of the case and the decision into the blue book. If this the case, you can ask for a certified true copy of the entries for your case.
As to what court in which town or city you will file this petition is problematic. If the LCR in Laguna was impleaded and/or included in your 1992 petition, then you should file your petition with that court since it had and continues to have jurisdiction. But if not, then you can probably file the petition in the town or city where you are residing.
You can also inquire with the NSO Legal Department as to what judicial or administrative options you might have. "Administrative" refers to what the NSO can do by itself without you going to court.
Do NOT get married until and unless you have obtained a copy of your NSO marriage contract or certificate with the annotation that your previous marriage has already been annulled.
Please consult other lawyers who may have opinions different from mine or who may be able to suggest alternative courses of actions.
Thank you very much for the information, Atty. Galacio.
Sincerely,
Iya
Happy new year, Atty. Galacio!
I still have to get the decree of annulment for the finality of the decision in 1992. Can my ex-husband charge me with adultery since I have a boyfriend? I don't intend to get married unless I get the decree of annulment annotated on my marriage contract at NSO.
Thank you and more power!
Sincerely,
Iya
Iya,
Please read my post on “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please read also the comments and my replies to the comments.
atty.,
yung kaptid ko n lalaki nkabuntis pero pinanagutan nmn nya s bhay cila tumira hanggang mg 2 years old ung bata.. ngayon po ng ibang bansa po ang kaptid ko para nga s knila at s anak nya,,, 6months p lng po nakakaalis ung kaptid nabuntis n ng iba ung hipag kong hilaw...umui n po ng probinsya ung hipag ko kasama ung pammakgkin ko wich is mg 3 yrs old p lng ung bata...hindi po sila kasal my pagasa po b kmi mg pettion para s custody ng bata kasi po dun s nangyari and wla po trabho ung hipag ko and nsa squater lng ung bahay n tinitirahan nila... ang gusto lng namin ay ung environment ng bata and un kakalakhan nya... tinigil n nya po suporta s bata kc ayaw man lng nila iphiram ung bata s kaptid ko pag ngbabakasyon cya.. mahal n mahal ng kaptid ko ang anak nya gusto nya maging mganda future nya... ano po ang pede namin gwin legal... sna mtulungan mo kmi..
sincerely ,
confuse sis
confuse sis,
Please read my posts “Custody battles over children” and “Can a mother be deprived of custody of her child?” (look for the links in the sidebar).
Your brother can try to file a petition asking the court to terminate the mother’s parental authority. But this will be a difficult legal battle since the child is illegitimate. The mother has sole parental authority and the balance of the law is in favor of the mother. But if your brother is really concerned about the child, he can try filing the case.
Please take note that what your brother has is visitation rights over the child (please read my post about visitation rights over illegitimate children).
Please take note also that being a squatter and being jobless are not grounds for the mother to be deprived of her parental authority or of her custody.
If you have evidence that the child is being neglected or abused, you can ask the help of the DSWD in your town or city. The DSWD can take custody of the child.
Hi attorney,
Happy New Year!
Your website is very informative with regards to legal basis. i have a question as well with the situation i am in.
I gave birth last july 24, 2009 out of wedlock but my partner (boyfriend) is still with me and with the baby. He lives with us and we are still together. Problem is that our baby is using my surname though she is supposed to use his father's surname as planned. What made her use my surname is when we needed to process my SSS fastly since I underwent Cesarian section and needed to have money for hospital and medical expenses and there was no enough time for me and my boyfriend to claim and get our cedulas as a requirement that would entitle my partner to have his surname be used by our daughter. My questions are:
1. Is it still possible that our daughter can change her surname from mine to my partner's even if we are not yet married? We would really like to have his surname be used.
2. What would be the requirements needed if ever it is possible to change our daughter's surname to my partner's?
3. What agencies can we go to and ask help regarding this matter and situation that I, my partner and my daughter are into?
Your answers are very much appreciated. Thanks in advance!
imperfect_damsel,
Your daughter can use her father’s surname under RA 9255. Go to the Local Civil registrar of the town or city which issued the birth certificate and comply with all the requirements. The LCR will then annotate the new surname that your daughter will use (it will not issue a new birth certificate).
Please take note however that RA 9255 applies to illegitimate children. Even if your daughter will be able to use her father’s surname under RA 9255, she will still be illegitimate.
If you and the man get married later on, instead of RA 9255, you can apply for LEGITIMATION under Articles 177 to 182 of the Family Code. I am assuming of course that under Article 177, there were no legal impediments (like being below age 18, or there being a subsisting marriage) between you and the man when your daughter was conceived. As the term denotes, “legitimation” means that your daughter will become a legitimate child.
Just go the LCR and inquire as to the requirements either with RA 9255 or with legitimation under the Family Code.
Good Morning Atty. Galacio,
Atty.,I'm in desperate need of your legal advise. I'm an illegitimate child of a Japanese National(of legal age and resides in the Philippines) I was recently 'adopted' by my Japanese step-father last august in Japan and my name was transferred to his Koseki Touhon(Family Registrar) under his name as his legal son. Now my dilemma is that all of my records shows that I'm carrying my biological father's surname (even if they weren't married) and I am currently in college enrolled under my biological father's surname and I'd like to apply for my Japanese passport ( we have a competition overseas and having it with me can increase my chances of being issued with a visa) but I need to change my name on the school registrars and will eventually need to change my name in NSO or is it possible just to show my new birth certificate,will they recognize it? thank you very much.
Yours truly,
tomo
Good day Atty!
Im a single mom and have two kids... the father of the kids left us while im still conceiving (4 mos.) to my second baby.
The kids' dad and i don't live together even before.. and he never give money to support me and our first child,even during my kid's hospitalization & medication, he did not give not even a single centavo. And because things are ok with us then,and he don't have a work, i don't take it as a problem.
Year 2005, things got better with him, he passed the board exam, & got a good permanent job in government office, and his profession (engineer.)gives him opportunity to accept extra private works & extra pays.
And during my 2nd pregnancy, (which in fact, the first time he give assistance to me) he only give money for my pre-natal check ups for the first 4 months, and there i learned about his relationship with another girl which leads me to hospitalization because of stress(during those times he's not there, and with his girl), which made me take some medicine just not to lose my baby... Until he left us and chose the other girl to be with. Though we are not married or living together, i felt that he abandoned me, my first kid, and my baby in my tummy..
Since then, he never showed up, never give financial assistance, and dont give money for hospitalization when i gave birth.
After sometime, i asked him for support because i can't do it all on my own.
He started giving from small amount of PhP 1,000.00 then to 2,000.00 every week or every other week. All is going well though sometimes he misses giving, that i understand if sometimes he is short of budget. Not until he and his g.f. got married. We have talked before their wedding and agreed that all will be the same in terms of support to the kids (weekly allowance and tuition fee).
But now, he suddenly change and gives only half of what he gives before. And he now don't even give extra when kids got sick or just for vitamins. I am getting nervous for the kids that they won't be properly supported by their father. Because he often complains that his money was not enough and have a lot of debt to pay, (because i think the money was used during their wedding) and he always says "pasensya na lang muna". Now, im thinking that he just agreed on what we have talked about kids' support before because he's afraid that i might stop or ruin their wedding (honestly, i think i should have done it if i knew things will be like this) .. now, all that has agreed upon was ignored by him...
What is the best thing i can do with this matter?
1. My kids surname's on me. Can we settle the proper support for the kids having the help of a lawyer?
2. And are text messages enough evidence to show that he is recognizing the kids as his own(in case he ignore the kids)?
3. Is it also considered "abandonment" even if we are just bf& gf before?
4. and if ever he don't agreed on proper support on kids, what other possible charge (if any) can i file against him considering what i have gone through when he left us and until now which affects my whole being?
thank you and hope to hear from you.
Ms. confuse.
Tomo,
Please clarify: Is your citizenship Filipino or Japanese? If you are a Filipino citizen, you are covered by our laws on adoption (please read my posts on domestic and inter-country adoption). Your so-called “adoption” by your Japanese stepfather has no legal effect as far as Philippine laws are concerned.
But if you are listed as a Japanese citizen in your birth certificate, then the “adoption” by your Japanese stepfather will be legal if the requirements of Japanese law were complied with. Using the documents that you have, you can file a petition in the courts here in the Philippines to order the NSO to annotate the changes in your name in your files.
As to your school records, the courts usually do not order that new records be issued reflecting your new name. This is because these schools are private entities which are not under the jurisdiction of the courts, unlike government offices like the NSO.
If there are questions as to the discrepancy in the names, you can attach to your school records the court order once you get it. OR you can ask a notary-public to prepare for you an “affidavit of rectification and identity”.
Good Morning Atty.
First I would like to thank you atty. for responding to my post. but I have another inguiry sir it is indicated in my NSO birth certificate that I'm a filipino citizen, would I be able to apply for a dual citizenship given that I was acknowledged by my step-father as his real son in Japan(only under a different surname) and I have a filipino citizenship. would it be okay for me to actually have two names given that I'm recignized in both sides as their citizens? Once again kind sir. thank you
yours truly,
tomo
Tomo,
Like I said, as a Filipino, you cannot be simply “adopted” using Japanese law. You are bound by Philippine laws (wherever you may be as provided under Article 15 of the New Civil Code of the Philippines).
Potentially, you will get into legal problems by having two names and two identities (one identity as a Filipino citizen under a particular name, and another identity as a Japanese citizen with a different name).
Ms. confuse,
[1] Please read my post titled “Support for abandoned woman and family” (please read also the comments and my replies to the comments). RA 9262 applies to you even if you were just gf/bf with the man.
Please contact the government offices and agencies (DOJ, DSWD, NBI, etc) for help and assistance.
[2] If the man denies that he is your children’s father, you will have to file against him a petition for compulsory recognition of illegitimate children. Please read my post “DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence”. You can file this petition for compulsiory recpogntion together with the petition for Protection Order for support. You will have to shoulder the costs of the DNA testing but you can ask for reimbursement from the man if your claims are proven true.
Hi!
I just want to ask, my girlfriend got married and i want to put my surname to my children, but my girlfriend and I still not married, is it possible to put my surname on my children?
Please clarify: You said “my girlfriend got married” but later you said “my girlfriend and I still not married”. Which is which?
[1] The children, as illegitimate, can use your surname under RA 9255. Please consult the Local Civil Registrar in your town or city for the requirements of RA 9255.
[2] If you and your girlfriend get married after the children were born, then your children can be LEGITIMATED if the requirements of the Family Code are complied with (for example, you were both above 18 at the time the children were conceived; you or your girlfriend are not married to other parties, etc). If there are no legal impediments or obstacles, then your children can use your surname as legitimate children. Please consult the Local Civil Registrar in your town or city for the requirements on legitimation.
[3] If you mean to say that your girlfriend got married to another man, and that you want your children to use your surname, then you can use RA 9255 as I discussed in number 1 above.
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