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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hello atty, What is the law about changing my child’s last name to her biological father or even just my last name? I’m planning to have my baby next year here in kuwait and apparently i have to use my “ex-husbands name” since i have been married to him 10 years ago just to make it legal for me to have my baby here. (we’ve been separated for more than 7 yrs now) is it posible for me to register her name under her biological father or even under my name here in kuwait? or IF not, is it posible to change it in the philippines later? let’s say in a year or two. I’m planning to keep her here for 2 yrs. then we’ll go back in the philippines after.
Thank you so much.
Hello!.. I just want to ask a few things. My mom gave my dad’s surname to me but they are not married, and my dad is already deceased. My mom is in Japan with Japanese husband. I want to change my surname, I’m now a single mother and a student. My son has a same problem like mine. Me and my ex is separated almost 1 year, and I want to change my son’s surname that he got from his dad. But how can I change it if my surname is still from my dad? Like mother like son. I’m really confused and I don’t what to do. Please help. Where can I go? What can I do?.. Thank You.. I really hope that someone can help me. Just mail me at Ladyinpink_1820@yahoo.com.. Godbless.
Any replies? Having almost the same problem.
hi atty/everyone! my mother could not apply for a passport because of NSO problem – different names with birth certificate.(same information since they’re computerized already). does she have to apply for CHANGE OF NAME? instead of LATE REGISTRATION? Can someone email me back imeemitch@yahoo.com
would really appreciate it… Thanks and God bless! 🙂
can middle names be changed also
actually sir, mejo complicated ang problem ko, kasi for 28 years ive been using my last name Kho and middle name Barro
only to found last February 2010 na fake pala ung birth certificate na ginagamit ko na only proof ko na ako si Catherine Barro Kho
hinidi rin married ang parents ko at wala akong papel na pinanghahawakan na acknowledged ako ng tatay ko
both of them passed away for almost 3 yrs na, so kahit ung tatay ko hindi ko na mahahatak na pirmahan nya ung o sumulat sya sa korte na in acknowledge nga nya ako sa anak kahit illegitimate.
pano po un sir, does it mean na hindi ko na magagamit ang last name na Kho?
wala rin po akong birth certificate ng mama ko na nagpapatunay na Barro tlaga ang last name nya only her death certificate ang meron lang akong dokumento na ngpapangalan sa knya.
actually sir, mejo complicated ang problem ko, kasi for 28 years ive been using my last name Kho and middle name Barro
only to found last February 2010 na fake pala ung birth certificate na ginagamit ko na only proof ko na ako si Catherine Barro Kho
hinidi rin married ang parents ko at wala akong papel na pinanghahawakan na acknowledged ako ng tatay ko
both of them passed away for almost 3 yrs na, so kahit ung tatay ko hindi ko na mahahatak na pirmahan nya ung o sumulat sya sa korte na in acknowledge nga nya ako sa anak kahit illegitimate.
pano po un sir, does it mean na hindi ko na magagamit ang last name na Kho?
wala rin po akong birth certificate ng mama ko na nagpapatunay na Barro tlaga ang last name nya only her death certificate ang meron lang akong dokumento na ngpapangalan sa knya.
sir , do u think magpakasal muna ako para meron akong magamit na isa pang dokumneto na mgpaptunay na catherine kho ako? (so ang ma su submit ko po nun ay ung fake ko na birth cert?)
hindi po ba mas mo do doble ang problema pag ganun?
actually plan ko po kasi magpa kasal kaso nag wo worry ako na baka mas malaking problema kapag nagpaksal ako tapos fake pla ung birth cert na ippapsa ko.
Please help…
Hi Ma’am,
may sagot na ba dito sa concern nyo?
kasi almost similar po ang problem nyo sa boyfriend ko
and we want to know if may chance pa na makaparegister sya using her name’s username,,
thank you
Hello Attys!
My concern is same with nikkabebez… hope I could have some advice or opinion on this. My kid knows what her father’s last name is and she then gets mad if I come across of telling her that her last name should be like this and that. She’s only 6 but she understands what went wrong between me and her father. She keeps on insisting that she has the same last name as mine and she wants it that way. How can I go about on changing her last name back to mine? Hope to have some feedback.
I am a singlemom… then I got married… Now, my husband want to change my daughter’s first name and family name..
Where do I start?..
what are the requirements…
pls help… or atleast advice…
Hi atty,
When i was 17, my aunt secure a SSS# for me but she put MARICEL instead of AIDA as my first name. Since then when i started working , i use MARICEL in my pag-ibig, philhealth, voter’s id and even in my kids birth certificate. How can i change my first name in my kids bc as well as most of my docs? please reply.
Hi Atty,
I am a Filipino married to an American. I have 2 daughter, both I had when I was single in the Philippines They both have my maiden name ( Their birth certificates dont have their biological father’s name). We all have green cards but are not American Citizens yet. Our Philippines Passport have already expired and I’m planning to have them renewed. My questions are:
1. If I have my family name in my Philippines Passport changed to my married name, how will this affect my 2 girls who sill have my maiden name when going out and back to the country? What documents do I need to present? ( Birth Certificates? Marriage certificate?)
2. Is it alright ot retain my maiden name in my Philippines Passport even though I am married? When we visited inthe Philippines in 2009, they asked me to present supporting documents why I have different family names in my passport and plane ticket.
3. How advantageous is it to have dual citizenship? My husband and I are planning to move to the Philippines when he retires.
4. I am already eligible to apply for U.S. Citizenship, should I just wait ’till I have my new citizeship and acquire a U.S. passport? By then I may have myself and my 2 girls have the same family names.