No middle name for illegitimate children

2
Persida Acosta

Persida Acosta

Dear PAO,
I am an illegitimate child. I am using the surname of my mother, and have no middle name in my birth certificate. I am applying for work abroad, and I was advised by my recruitment agency to put a middle name in my passport. Can I use the middle name of my mother as my middle name? How can I have a middle name?
KT

Dear KT,
Section 1 of Republic Act (R.A.) No. 9255 provides that illegitimate children shall use the surname and shall be under the parental authority of their mother. They may only be allowed to use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father, provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.

You did not mention if you were duly recognized by your father as his own illegitimate child. If this is the case, you may still be able to use his surname even if you were previously registered under the surname of your mother. You may do so by going to the Local Civil Registry Office of the place where your birth certificate was registered and submitting to them their documentary requirements. Once you were able to use the surname of your father, you shall be using the surname of your mother as your middle name.

On the other hand, if you were not duly recognized by your father, you will only be allowed to use the surname of your mother and will not have a middle name. Middle names serve to identify the maternal lineage or filiation of a person as well as to further distinguish him from others who may have the same given name and surname as he has. (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). If you will use the middle name of your mother, you might be mistaken as your mother’s sibling rather than her child.


We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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2 Comments

  1. agnes almendros on

    Dear PAO,

    In regard to chamging the surname of an illigitimate child from her/his mother’s to her/his father’s, can it be done without the mother’s approval? Especially as the child is a minor, but living with the father?

    thank you.
    avea

  2. My 2007 Annulment Decision of my 1998 marriage was favorable to me and among the decision was for the financial support of my 13 year-old daughter. But ever since 2007 and without partition of conjugal properties, her father has not given any until the day he received a notice for the Writ of Execution I have filed last February 6, 2015. He only gave money for derma and a thousand for school shoes. He claims that the money given by his mother and sister should be counted. Hearings has been postponed and when my counsel ask for postponement last Aug 18 the judge for the first time ordered the father to initially deposit the agreed monthly without prejudice to my expenses incurred which should had been the father’s support that i am demanding for reimbursement. Hearing was reset for October 28 and still the father has still not given any financial support. The court should have primodial concern for my daughter’s interest and welfare since the Financial Support awarded to me by the same Judge should have ordered my petition for Writ of Execution immediately final and executory. The Judge allowed the father to hire a highly paid lawyer and allows the postponement of hearing bcoa the father is on a Hong kong vacation tour with his live-in mother of two. The postponements causing delay cannot cure the evil and damage caused as stated inThe money and property adjudged for support and education should and must be given presently and without delay because if it had to wait the final judgment, the children may in the meantime have suffered because of lack of food or have missed and lost years in school because of lack of funds. One cannot delay the payment of such funds for support and education for the reason that if paid long afterwards, however much the accumulated amount, its payment cannot cure the evil and repair the damage caused as stated in G.R. No. 145527, May 28, 2002, AUGUSTUS CAEZAR R. GAN, petitioner, 
vs. HON. ANTONIO C. REYES, in his capacity as Presiding Judge of RTC-Br. 61, Baguio City, ALBERT G. TOLENTINO, in his capacity as RTC Sheriff of Baguio City, and FRANCHESKA JOY C. PONDEVIDA, assisted by BERNADETTE C. PONDEVIDA, respondents. to quote ” The children with such belated payment for support and education cannot act as gluttons and eat voraciously and unwisely, afterwards, to make up for the years of hunger and starvation. Neither may they enroll in several classes and schools and take up numerous subjects all at once to make up for the years they missed in school, due to non-payment of the funds when needed.”

    May I know please, what shall I do? Should I write beg the courts or should I file a petition before the Office of the Court Administrator for wanton delay.