Pagdating ni macarthur sa pilipinas
Corazon Aquino provided that illegitimate children had to use the maiden surname of the mother.But Republic Act 9255 amended Article 176 as follows (the boldfaced portion is the amendment): Article 176.Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.Even if the biological father allows the use of his surname, the child still remains illegitimate.If the biological father simply signs the birth certificate or issues a public or private document acknowledging the child, the child automatically will carry his surname, even without the mother’s knowledge or consent. Even if the biological father acknowledges his illegitimate children, he cannot force them to use his surname.Update as of June 10, 2014: Victory for mothers of illegitimate children The Supreme Court unanimously declared void Rule 7 and Rule 8 of the Implementing Rules and Regulations of RA 9255 (“Grace Grande v. (Note: Click the picture to download a free PDF newsletter on this topic.) Article 176 of the Family Code as originally drafted and as approved by Pres.
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Based on questions asked of me and my reading of RA 9255 and its implementing rules, there are several issues that need to be clarified and addressed: Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father.
The Office of the Civil Registrar General then issued in May 2004 the “Rules and Regulations Governing the Implementation of R. 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, 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 child. Contrary to what a lot of people believe, RA 9255 does not grant legitimacy to the child.
“Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.
However, illegitimate children may 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.