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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Hi attorney I just want to confirm if I can leave my middlename blank and I will put my mothers surname because my mother doesn’t want me to use my fathers surname..Thank you AND gODbLESS..
—KRYS—
Ate nasagot mo n ba tong tanong mo na to? same tayo ng situation eh. yung father ko naman po unknown sa BC ko.
Hi
Good day,
I couldn’t apply for phil.passport because of my NSO problem.. yung surname po na nakalagay sa birth certificate ko ay surname po ng mom ko.. pero simula nung nag-aral ako surname na po ng father ko ginamit..
kinasal po ung parents ko before po ako mag-aral.
dapat po Legitimation lang yung gagawin sa birth certificate ko since kasal naman sila kaya lang nagkaroon ng problem sa name ng mother ko. ang nakalagay po sa Mother’s name sa birth certificate ko ay iba compare sa Marriage contract nila. Nung nagpunta po kami civil registrar sa city hall hiningi po nila documents ng mom ko. patunay na iisang tao lang ung nasa birth certificate at marriage contract at hinanap nila mom ko kaya lang nsa abroad po sya ngaun.
the problem is hindi ko maayos birth certificate ko dahil kailangan po na i-correction muna birth certificate ng mom ko.
ask ko lang po,.. pwede po ba na ipa-Legitimation ko na lang birth certificate ko kahit hindi na i-correction birth certificate ng mother ko????
Can you help me please?? thanks
hi atty fred,
Good day po sir, gusto ko lang po sanang magtanong about pag wlang last name sa birth certificate and ang civil registrar ay sa c.hall ng manila.eh un father ko po eh deceased na po. binigyan po kasi ako don ng list na dapat kunin documents..kumpleto na po lahat isa nalng po un problem kasi wala pong PHILHEALTH, SSS, GSIS OR INSURANCE na nagpapatunay na andon ako as beneficiary lang.meron lang po ako eh Class record which may pirma un father ko.. oklang po kaya un?or need po s court or atty…kasi sana po wlaa ng court or atty kasi need na po un as much as possible..thanks po and GOd bless
I am married with one child. I am currently filing for annulment. I want to change my surname and my son’s surname. We are currently using my ex husband’s name. I am currently in Saudi while my son is in the Philippines. I want our names to be changed before migrating to Australia. Please tell me what to do.
Thank You
Good Day po atty.fred,ask ko po un sa situation ng anak ko.marami po ako problem regarding sa birth certificate nya,un apilyido nya po ay same ng middle initials at last name ko po,plan ko na po pa apelyido sa japanese father nya at isa rin po problem is unknown father po ang nakalagay sa birthcertificate nya dhil di ko po nilagay name ng japanese father ng anak ko sa birthcertificate nya..di ko po alam kung paano proseso at tamang paraan pr po maging apelyido nya npo ang ama nya na hapon w/c is pinaaasikaso na rin po sa akin..di po kami kasal ng father nya at un anak ko po ay turning 7yrs.old npo.. I need help and advice po atty.fred,salamat po.. God Bless 🙂
hello, I want to get a passport but I need to fix my name on my certificate of birth, I am illegitimate child, I used my mother’s surname.. It appears on my cert. of birth that I have no middle name since I used my mothers surname.. but in all my documents I use middlename which is my mothers middlename too, do I need to correct it? what would be my first step and would I need to wait long for this problem? and how much do I need to spend for this matter? I need answers please.. thanks.
hi, is it possible to have my nephew’s surname changed into my sister’s surname, since the father has abandoned my nephew after a year of birth? when my nephew was born his birth certificate’s given name was under his father, as he has signed the birth certificate (although they were never married) but after a year he has abandoned the child.
can we drop the father’s surname?
thank you
Good day po Atty. Fred,
I just want to ask po regarding my Son’s situation, sa Birth certificate po kc niya, nklagay duon ang full name and details ng Biological father nia, khit wala n kami ng father nia nung pinanganak q siya and it has been 6 years mula magbuntis ako hanggang ngayon wala naman po ako nakukuhang sustento para sa anak ko.
Sa ngayon po 4 years n akong kasal at gusto po ng asawa ko n apelyido niya ang gagamitin ng anak ko. Gusto ko po malaman kung ano-ano po ang mga possible procedure n pwede naming gawin, at kung kailangan pa po bang kontakin ang biological father ng anak ko.
Sana po matulungan niyo ako Attorney Fred.
Maraming salamat po!
Hi Atty,
I just want to inquire about my problem in SSS ID regarding my married name “Montes”.
Here’s the story how i got that name. When I got married in Kuwait that is in year 2005, i apply in SSS Kuwait for a change new name from Marlene Pablico Bolactia to Marlene Bolactia Montes. That was approve and i used it till year 2008. But unfortunately when I got home to Philippines, I found out while getting my marriage contract certificate in NSO that i am a CENOMAR person. Then I followed that to DFA and pass a request form about that problem. 2 years passed of following up the problem the solution was not found because the Philippine Embassy never fax a copy of my marriage certificate to DFA. And worst to find that the reason of all of this is my husband that is stayed in Kuwait. He never push through the said paper to passed here in DFA Philippines. Now my husband is dead last January 20, 2013. My big problem is how i will change my married name in my SSS ID to a single name. I went to the office of the SSS to apply for change name but they refuse to do so. If i will apply for widow and change my name i have no marriage certificate, certified true copy from NSO to show because for them i have never been married. Is there anything i have to do so that i can get back to my single name again.
Hope that you understand everything i typed, in any confusion or question, please do not hesitate to email me back (mbolactia@gmail.com).
Thanks and my appreciation for your prompt response.
Hello, i would just like to inquire if my mother’s birth certificate can still be changed, it bears a slightly different variation of her first name and the surname of her mother. My mother and my aunt were illigitimate children but were recognized by my grandfather who passed a way a couple of years ago in the states. We wanted to get a passport for her so she can avail of the benefit of my sister who works in an airline company. Her baptismal certificates,school records, wedding contracts, land title etc, bears the name that she grew up with with the last name of my grandfather, except for the birthcertificate. Can that be done? I’ve read some articles that there should be a letter from my grandfather acknowlodging my mother, but he passed a way already. He left them when she graduated highschool, but continuously writes to her and my aunt till he passed away. Can those letters be used as proof of acknowledgement? Would really appreciate a reply on how to go about this if its possible..thank you