Dear PAO,
Girl is married, but has been separated for five years. Guy is single. If in case they have a baby, what middle name and surname should the baby carry?  
Mel

Dear Mel,
Under the Family Code of the Philippines, a child born out of wedlock is illegitimate. Being illegitimate, the child shall use the surname of her mother but he/she bears no middle name.

However, if he/she is recognized by his/her father, he/she may use the latter’s surname and his/her mother’s surname as his/her middle name (Article 176 of the Family Code of the Philippines).

In the situation above, the child is illegitimate owing to the fact that his/her parents are not married. If the father recognizes the child, then the latter may use the surname of his/her father and his/her middle name shall be that of his/her mother’s surname. On the other hand, if the child is not recognized, then he/she bears no middle name. In the case of In Re: Petition for Change of Name and/or Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang vs. Cebu City Civil Registrar (G.R. No. 159966, March 30, 2005), the Supreme Court pronounced:

“Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The Family Code gives legitimate children the right to bear the surnames of the father and the mother, while illegitimate children shall use the surname of their mother, unless their father recognizes their filiation, in which case they may bear the father’s surname.

Applying these laws, an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’s surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he bears both his mother’s surname as his middle name and his father’s surname as his surname, reflecting his status as a legitimated child or an acknowledged illegitimate child.”

However, since the mother of the child is married, the legal presumption is that the child is her child with her husband. She can register the child under the name of her husband. But the latter is given the opportunity to impugn the legitimacy of the child within the period provided by law.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.