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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Aqy bgong muslim,papaano q mapapalitan ang aking pangalan sa lahat ng dokumento tulad ng passport,sss,pagibig,philhealth,nbi,police clearance,owwa,poea,comelec,,,?at pwde bng lahat ng contributions o naihulog qy mailipat s new muslim name q?at magamit q ng permanente ang new muslim name q?mdmi b aqng magagstos n pera at knino aq dpt sumangguni,,,ms ok kung isa nlng ang kausap at mgaackaso,,,,panu po kaya?tulongan nio aq mga attorney jn s pinas o s mga pinoy n nkaalam s proseso ng batas jn,,,
Kinasal kmi s mayor noong oct.2007,my anak kmi n babae 7years old n,hndi n kmi ngssama at wla kming pormal n hiwalayan,,,my kinakasama n cia at mdming nkkakita n npunta n ung dti kong asawa s bhy nung lalaki at inamin nmn s akin n mgkrelasyon n nga cla,,,,aqy meron ng bgong pamilya kinasal n kmi s islam,my dalwa n kming anak at nbbuhay kmi ng maaus at tahimik,pero gusto qng mkuha ang anak qng babae s dti qng asawa pr hndi q n sustentohan p at pr maibgy q ang atensyon at pgmmahal at suporta q bilang ama nia,dhl mahal n mahal q tlg anak q,,,,anu ky ang dpt qng gwin at posible bng mkuha q ang anak qng babae s dti qng asawa?pkitulongan po aq,,,
Hello,
My husband does not have a given name in his birth certificate. They had it fixed before. But somehow we lost the copy. When I ordered a copy from NSO, it still doesn’t have a given name. How should I fix it? What’s the process?
Good day!
Ask q lang po sna,ano po dapat kung gawin.me and my husband got married after i give birth to my eldest son.That time the civil regestrar in our municipality didn’t allow us to use my husbands surname for my child.rather they use my surname instead of his fathers surname…..my question is how can we change my child surname into his fathers surname…pls i need ur advice …
Hi Atty. Fred,
I’m trying to fix my records and eventually get a passport. My question is if my name indicated in my birth certificate indicates “Juan Cruz” (not my real name, just an example). But eversince my baptism when a second name was added I’ve used “Juan Miguel Cruz” in all other documents like SSS, School transcript, Driver’s license, voter registration, children’s birth certificate, marriage contract, etc.
Which one is easier to process (and less hassle and/or cost). Changing my birth certificate to “Juan Miguel Cruz” or changing all my other documents to just “Juan Cruz”. I’ve heard conflicting comments that one is easier or faster than another and vice versa so wanted to get your thoughts on this.
Thanks in advance!
I would like to use my maiden name. Is it possible? Because I am a teacher in the public school.
My husband and I separated our ways for almost 5 years now. I want to know if I could write to the civil service commission regarding this matter?
My Dad who is now eighty something has been using his present name (Carlos) for years since he has been working; however, this name is not the name in his certificate of live birth. (He changed his name when he converted into Catholic) All his documents, like SSS and PhilHealth, bear his name Carlos. How can we secure him a birth certificate with Carlos as first name, considerIng his age?
I will appreciate all the info. Thanks!
Hi Attorney,
Hope to get your assistance.
My niece is using her Mother’s Middle Initial & Surname since birth. Her mother which happened to be my sister was not married to my niece’s father. The father’s name is apparently mentioned in the birth certificate & he has a signature on the Affidavit of Acknowledgement/Admission of Paternity at the back page copy of the birth certificate.
We just want to know what is supposed to appear in the birth certificate if my niece has the above case.
Currently, The birth certificate shows the below details:
Mother’s name: Myla Gulpe Taduran
Father’s name: Ryan (Middle Name) Asa
Child’s Name: Kim Rhianne Gulpe Taduran
Some told us that this should not be entered like the above, since it will appear that Myla (the mother) & Kim Rhianne (the child) are siblings instead of Mother & Child.
My questions are as follows:
1. What should be the correct entry of my niece’s name on the birth Certificate?
2. Do we need to go for the amendment procedures omitting / deleting the Middle Name which is “Gulpe”?
3. Or can we retain the Middle Name “Gulpe”?
4. What would be the public documents to present if we will proceed on amending / omitting the Middle name?
5. In case my above questions are not sufficient to settle / arrange the birth certificate the way it should be, please advise what would be the proper procedures to do it so.
Appreciate your most valuable & swift assistance as possible.
Thank you.
Greetings! Sir I really need your advice to have Peace of mind. I’m married to a Muslim and my maiden and sure name is wrong the maiden name from my single and the sure name from my X husband naka registered siya under that name coz that time my documents still married. How can I correct it since I am annulled already. Please looking forward to it. Pls email me for your reply
Hello everyone.
Have a friend that so worried in her situation .
She change a late registered name due of life threatening . She used it until now but she want to change it back to original . Is that possible ?