A name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family name is that which identifies the family to which he belongs and is continued from parent to child. Parents are free to select the given name of their child, but the law fixes the surname to which the child is entitled to use.
Middle names, on the other hand, are not regulated by law, although the Filipino custom is to use the mother’s surname as the child’s middle name. Still, you cannot drop or delete your middle name. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has.
How about an illegitimate child whose filiation is not recognized by the father? Can that child use the middle name of the mother? The answer is, no. That child “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.”
An illegitimate child may now use the surname of the father. This is a recognition of the fact that illegitimacy is not the child’s fault, and, therefore, the child should be shielded against the social stigma and other negative consequences arising from illegitimacy. To illustrate, what’s your first thought should you notice that a kid uses the name of the mother, and not of the father? Even the illegitimate child’s friends and contemporaries in school, should they learn that, unlike them, their friend follows the surname of the mother, would start asking why.
Another welcome amendment is with respect to the procedure in changing names. Going to court, with all the expenses that goes with it, to change first names and correct clerical errors is no longer necessary. Under Republic Act No. 9048 and its Implementing Rules and Regulations, the city or municipal civil registrar or the consul general is authorized to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. It must be made clear, however, a court order is still required for substantial changes such as surname, gender, nationality, and status.
R.A. 9048, which took effect on 22 April 2001, amends the Civil Code (Articles 376 and 412), which prohibits the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. The matters that you need to know (Primer) about R.A. 9048 is found at the National Statistics Office (NSO) website.
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Hi.
I have 2 daughters that has their father surename but wer not married and seperated. Now i have a foreign fiancee … I would like to have their name change into my fiance sure name without going to court. I was advised to have them declared as late registered and just put my fiancee name as father. Is it allowed? Will thatbe againts the law? Where in no legal adoption papers declared.
Good day Atty. Ask ko lang po. Unknown po yung nakalagay na father’s name ko and yung naiwan sakin na BC is gamit ko yung middle name at surname ng nanay ko. sa SSS NBI at BIR ko and nakalagay yung ginagamit ko. late ko na po nalaman na bawal plang mag middle name kung unknown ang tatay. Nasa BC ko po may nakalagay na middle name ung middle name ngnanay ko Pano po yun? mababago ko pa ba info sa mga requirements ko or yung BC yung dapat kong baguhin.
Hi po! I just want to ask. My boyfriend and I are getting married and we have talked about him getting his surname changed to his mother’s maiden name. His parents were married but are now separated. He has some issues with his father but are still in good terms. The main reason for change of name is because the surname of his father doesn’t sound good and we don’t want our future children suffer because of this. What can we do about it?
I have a son which his father did not recognize him. When I give birth, I registered his name under my parent’s name. Both my parents are govt employee and financially stable. I’m married now and living in NZ. Now, I want to transfer my son’s name under my name. What step should I take without giving worries to my parents’ position in their job? Not sure also if I can adopt him bcoz my parents are financially stable. Pls help!
Hi Atty.
eto po problema ko.
i am married sa japanese at nabuntis ako pero ang nakabuntis sa akin is yung ex ko pero ang apelido ng bata ay nasa Japanese ngayon gusto ng ex ko na i.acknowledge ang bata at iregister sa Phils. pero ang ilalagya na apelido is sa ex ko . pwede po ba yun kabit married ako japan and phils.
ano po mga legal actions pra maibigay ko ang Surname ng anak namin sa surname ng ex ko?
Salamt po
Good day!
Upon giving birth to my son , my parents registered him under their name. They are both govt employee ang financially stable, preparing to retire in a couple of years. Now, I would like to transfer my son’s name under my name but without affecting my parent’s status especially that they are going to retire next two years. I would like to ask how would I do this without court case?
Thank you.
Hi Attorney, my brother is living in US and has authorized me as his sister to check his SSS status/pension as he is now 61 years old. We requested a copy of his birth certificate at the NSO and we received a copy of different first name. My brother sent a letter to the Civil Registry Office where he was born to request for the change of first name pursuant to Republic Act 9048. He also attached his SSS records, High school certifications, copy of birth certificate from NSO and birth certificates of our parents to prove that the present first name that he is using is the first name that he has been using since he was a child and not the first name indicated on the NSO copy. The Civil Registry replied that since my brother is already in USA, my brother must submit a FBI clearance. Is it true that my brother needs to furnish a copy of FBI clearance. He is now a senior and just want to claim his SSS pension here in the Philippines. Thank you
Good evening Atty! I have a 13 yr old son, he is using my surname. I’m not married with the father and we separated when my son was only 1 yr old and did not get any support from the father. Is it okay for him to use my surname now that he is in junior high? Will that cause any legal problems in the future especially with his school records? I don’t want to change my son’s surname. Thank you.
What to do to change the first name of my baby. He is 3 year old already. I want to change his first name into a short one. From nathanmel to nath only. What should i do. Is there a fee?
My husband want to change his name to his true father’s name because he’s been using the family name of his mom’s second husband. If he changed his family name so all of my children’s and mine also . What to do with it?