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 Atty,
Good pm po gusto ko lang po mag tanong kung ok lang po ba na sa birth certificate ko hindi ko na po ilagay yung pangalan nang father ko?ok lang po ba yun,,,? hindi po ba ako sumabit o mag ka problema pag dating sa embassy?kasi po may plan po ako mag abroad sa birth certificate ko po kasi i am illegitimate.tapos po yung ginamit kung family name sa mother ko po bali blank po yung middle name ko.yung father ko din po patay na saka 24 years old na po ako.and malaking tanong ko po ok lang po ba yung na walang nakalagay na pangalan nang k father ko sa birth certificate???thanks po sana po mabigyan po nang answer yung tanong ko.
Atty, may problema po ako sa birthcertificate ko… Need ko po mag pa correction ,, sa NSO eh ,, may record nga po kaya lng mali mali,, at ever since yong hindi ko po nagamit ang record ko sa NSO.. bali po all ID, driver liesence , at police clearance ay hindi po katulad sa NSO ko po.. Gusto ko po sana maayos na lahat ,, attny .. Pati record ng anak ko yon ang ginagamit ko HINDI PO SA NSO,, kya help ko kung anong magandang gawin po ,, gusto ko pong mag paayos ng incorrect records ko,,, thank you po saan po ba dapat kayong ma contact ,, para makausap ko kayo about sa case ko,,
My ex and I were together when my son was born and I mistakenly gave my consent to use his father’s last name upon birth certificate registration assuming that he would play an active role in his son’s life. Well, he has not seen my son for almost 3 years and has never paid child support. He just left my son with my mom as I am working abroad. Our relationship ended 3 years ago and we are not even married as he is married with his first wife. Even though his name is on my son’s birth certificate, does anyone know if it is possible to change my son’s last name to mine without getting his father’s consent? How can I change my sons last name? Every single money he don’t give any support to my son the day he abandoned my son even asking hows the kid he didn’t bother to do that. And now I want to change my sons last name to mine for me also to easily process all docs because i want him to come with me abroad even just for a vacation. Please help…
Hi good day! im using the surname of my mother because my mom and dad are not married. then the times comes that the sister of my father wants me to go in other country and the visa is needed the surname of my father. How long would it take if I change my surname of my father and what is the procedure?
Hi Atty. i just want to ask u some Question, I am planning to change my daughters surname to mine, (my daughter request) I’m married wid his father but we are not together for 8 yrs.,i don’t know where he is now and my daughter is 11 yrs. old since we got separated he don’t give anything for my daughter, only i know he have hes own family with 2 kids, is it possible that i can change my daughter surname to mine? can you tell me what is the process of Changing Surnames? thank you in advance.
Atty.sna matulungan nyo po ako .. Since po nung bata ako surname na ng papa ko gamit ko wich is BAISaC po .. Nung time po na kumuha ako ng nso no file po ung MArK ANTHONY L.BAISAc ..at lumbas po is MARK ANTHONY LLARINAs .. At nlate registered n po sya hndi dw po pwdeng BAISAC ang magamit ko kc daw po mtgal ng patay ang papa ko .. Gus2 ko po sanang BAISAC Ang mafile sa nso ko kc un na dn po ang ngamit ko sa lhat lhat ng documents ko at un na din po ang dalang apilydo ng anak ko .. Anu po bang dapat kong gawin salamt po ..sna po mtulungan nyo ako ..
hai atty..
Gud day.. i have question regarding my situation.. i was born MARCH 20, 1992 wen i was born my father and my mother are not yet married. then the midwife told my mother this child cannot use her father`s family name because of the absence of married. so i register as SHEENA PERALES CUESTA as the sure name of my mother, late 1992 the court allowed the illegitimate children to use the sure name of there father but my case my father in that time is in abroad so my family name in NSO is still CUESTA. Wen i`m 7 years old and to go school my mother register me in school as SHEENA CUESTA MOLINAS in short i bear the sure name of my father with out acknowledgement sign of my father because he is still in abroad and, until now i uses the surname of my father in all transactions, id`s, and school records.
Today my father and mother are separated because my father have his own family in abroad and i have no contact to him. i want to get a passport but there is a problem occurred, my NSO birth certificate and my SCHOOL RECORDS are not fixed.. what should i do to get passport? please help me. GOD BLESS..
Hi atty!
Can you help me change my middle name? I am using gonzalez but it appears on my BC that it should be gonzales. I have children already and on their birth certs and on my all other docs I am using gonzalez please help me what to do
Hello,
Do I still need to have my BC corrected? my mom inadvertently indicated her middle name as my middle name instead of her maiden surname. I am now married and currently carrying my husband’s surname.
Thanks a lot,
Maj
Hi! Tanong ko lang po kasi nagpachange name na po ako from SONIA to Aileen 5 years ago and granted na po sya nung kumuha po ako ulit ng bagong BC ang nakalagay pong pangalan is SONIA pa din and then may annotation lang po sya sa baba na change name from SONIA to AILEEN ang tanong ko po is pano po kaya ako makakakuha ng copy ng BC na AILEEN na po ang nasa document?
Thank you po.
Hi! A new birth certificate will NEVER be issued. The annotation in your birth certificate is a sufficient proof that you had already changed your name.