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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Are there any specific grounds/requirements that the court would need before being able to grant a change in last name?
I ask regarding a very peculiar set of circumstances and am confused as to what to use as the last name. Preferably would want the last name of the biological father/mother.
SPECIFICS: Child (X) of Parents (A) & (B) [unmarried]. (X) is adopted and/or merely raised by the female sibling (C) of male Parent (A). (C) was married to (D) [deceased]. (C) now married to (E).
P.S. How much fees/cost would be incurred to have all the mess of it fixed and also how long would it take, if at all possible?
Hi Atty. I’m Decerie 26 years old.. I’m married pero naghiwalay kami ng husband ko.. We have one daughter 8months old.. Nasa sakin sya.. Gusto ko po baguhin yung last name nya sa apelido ko nung dalaga pa.. Pano ko po gagawin yun kung hindi papayag ang ama ng bata? May bayad po ba? Ask ko lang din po may bayad din po ba pag nagfile ng legal separation? Gustong gusto ko po magpa annul kaso wla akong pera.. Ano po maadvise nyo sakin? Ayoko kasi mapunta sa kanya ang bata kaya gusto ko tanggalin apelyido nya sa anak ko..
Is there a law in Philippines saying that females after they got married they MUST use their last name (when theyre single) as their middle name after marrying? I am now in US and I do not want to change my middle name at all after I got married. I have applied my AOS and I didnt change my middle name at all just my lastname which is my husbands last name.
Hi atty.
Just wanna know where i could start filing a paper coz i wanna change my son’s surname to mine. He is illegitimate but uses his fathers surname coz we were okay during i gave birth. Something came up and we separated with the father. Even my son is still on my womb i never received any support from the father until now 2016 it was nothing.
We were not married. I want to change my son’s surname for future references before he start schooling.
Hi my sister is not married to his boyfriend since his boyfriend has a 1st family my. They got a son which under hos surname. But things not good already for both of them aNd my sister wanted to change name and family name of his son to her.. Because the guy is having another live in partner ..
Hello Atty,
How about my case, Is it possible for me to change my surname to my mother? Since birth I was abandoned by my father because my mother was a mistress that my father had a family and no support received.
Yours Truly,
norman
hi atty my child used my name it is because we r not married back then and we got a break for a while, but 5 years ago we got reunited and decided to get married and now we want to change my childs surname it simply because my husband and i got married two years ago..can u pls tell us the ways..thank u..
Hello! I would like to know how I can change my child’s surname to mine since she is using her father’s surname. Need to change it as soon as I can before she will go to school. Please help. I would appreciate your immediate response. Thank you
Some countries allow the husband to take the last name of the wife. Can the husband change his last name to the wife’s? If not, meh that’s boolocks.
Good day!
I’m a single mother. She got her father’s surname nung pinanganak ko sya. Gusto ko po sana palitan yung apelyido po ng anak ko sa apelyido ko.. Hindi na rin po kasi sya suportado ng ama since she’s 7 mos. old at hind rin po kasi kmi kasal.. Ano po ba yung maari kung gwin?
Salamat po at ipagdadasal ko po na matulungan niyo po ako!