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.
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I am now taking care of my husband’s son.. I want to change the mother’s name in his BC into my name.. Is that possible? Im Having a hard time as well as my son ( stepson) in school.. I am now married ti his father.. And i dont know now his biological mother’s where about. What to do. I want him to be under my name . so that he will nit be question when time cones thank you
Hi! My friend’s name in NSO says “Baby Boy Leonard”. He wants to have the “Baby Boy” dropped and wishes to retain “Leonard”.
How will he go about this?
hi po gusto ko lang po malaman kung pano po papalitan ung second name po ng anak ko ng hindi na po nag pupunta sa court ano po yung mga requirements thank you
what will i do? I got no middle name cause I am illegitimate the problem now if some of my job application requires middle name and they were strict to it ,,, im loosing job opportunities cause this problem help me pls
Hi. I would just like to ask about baby naming. Im about to deliver our baby this nov but the problem is we are not yet married. We plan to get married after the baby is delivered. I am a filipina and the father of my child is an indonesian which they dont require their kid to have their surnames. Their kid mostly use their mother’s surname even if they were married. Because most of indonesians dont have surnames it just happened that his name is Hendra Putra (which means boy in indonesia) – not really their family name but a name chosen to use as their surname – but our kid will be a girl. Can you give me an advice on how to name our baby? Will she be illegitimate if she use my surname even if we got married here in the phil? Thankyou for your response.
Hello.
I have a question. What are the grounds and requirement for me to change my surname to my mother’s?
I am born in Jan 1986 and an illegitimate child.
I am using my Father’s surname since childhood.
My Father have already passed away and I wish to use my mother’s Maiden name .
Thank you
hello. gusto ko lang itanong sana. paano makakuha ng passport ang anak ko 12 years old. nakaapelyido siya sa tatay pero hindi kame kasal at hiwalay na kame. ngayun kailangan ng dfa ng letter of abandonment kasi wla ng support at ayaw na magpakita ng tatay. paano makakuha ng ganun document, anu proseso? at gaano katagal. kasi ako ay nandto sa ibang bansa. maraming salamat sa reply
Dear Maan/Sir
Can i ask you a question ? I have a problem with my daughters birthcertificate , its about my name, i wrote Nakename in her pSA How to change my real name in her birth certificate ?
Please reply,
I have a question sir/mam… I have a live in partner and he has one daughter. Now we want to fix the papers of the child. To be my legal child. What should we do?
Thanks God Bless
Hi this is Erika Mae Cunanan Parungao and I’am at legal age and unfortunately on my NSO(PSA) I have incorrect last name (Erika Mae Cunanan Santigao) on PSA which came from my fathers middle name I’m planning to work abroad and I don’t know how to correct those information. Mother’s maiden name is Margarita Torres Cunanan . And my father’s name is Eranio Santiago Parungao. They were married and all my documents and school record is under Erika Mae Cunanan Parungao. What to do please help me