Below is a comprehensive discussion on the cancellation of a Deed of Legitimation and the attendant surname change on a birth certificate in the Philippines. This article will trace the legal bases, processes, and practical considerations relevant to the topic, addressing both substantive and procedural facets.

1. Overview of Legitimation in Philippine Law

1.1. Definition

Legitimation is a legal process by which a child born out of wedlock (i.e., an illegitimate child) is granted the status and rights of a legitimate child by virtue of the subsequent valid marriage of the child’s parents, provided at the time the child was conceived, there was no legal impediment for the parents to marry each other.

1.2. Governing Laws

Family Code of the Philippines (Executive Order No. 209, as amended)
- Articles 177 to 182 deal with legitimation.
Civil Code (for older statutes and references)
- May still be cited for interpretative guidance but superseded by the Family Code on family law matters.
Implementing Rules and Regulations of the Philippine Statistics Authority (PSA), previously the National Statistics Office (NSO)
- Provide administrative procedures for registering or annotating legitimation, amendments, or corrections to civil registry documents.

1.3. Requisites for a Valid Legitimation

The child is born out of wedlock to parents who subsequently marry each other.
At the time of the child’s conception or birth, no legal impediment existed to prevent the parents from validly contracting marriage.
The marriage of the parents is valid.

When validly executed, legitimation confers upon the child all the rights and obligations of a legitimate child, including the right to bear the father’s surname.

2. The Deed of Legitimation

2.1. Purpose

A Deed of Legitimation is the formal instrument executed by the parents (and typically notarized) to declare that:

A child, previously recorded as illegitimate, is now legitimated by their subsequent valid marriage.
They intend for the child to bear the father’s surname (if not previously carried).
The child is to enjoy all rights of a legitimate child.

2.2. Registration with the Local Civil Registry

After execution, the Deed of Legitimation is filed with the Local Civil Registry Office (LCRO) of the city or municipality where the birth was originally registered. The LCRO, in turn, forwards the annotated or amended birth record to the Philippine Statistics Authority (PSA) for official recording.

3. Reasons for Cancellation of a Deed of Legitimation

Cancellation of a Deed of Legitimation is not an everyday occurrence because legitimation presupposes that all the requisites are met. Nonetheless, grounds for cancellation typically stem from situations where the legitimation was invalid from the start or subsequently declared void, such as:

Existence of a Legal Impediment at the Time of Conception or Birth
- If one or both parents were married to another person or subject to another legal impediment (e.g., minority without parental consent, psychological incapacity, bigamy, etc.) when the child was conceived/born, then the marriage that purportedly “legitimized” the child is void or voidable.
False or Fraudulent Misrepresentation in Executing the Deed
- If the Deed of Legitimation was obtained by fraud, duress, or misrepresentation (for instance, if the father was not truly the child’s biological father, or the parents were never in a position to marry validly), it may be cancelled.
Subsequent Judicial Declaration of Nullity of the Marriage
- If the marriage used as the basis for legitimation is subsequently declared null and void ab initio, it is as if no marriage existed. Consequently, the legitimation’s basis collapses. (Note, however, that in certain cases of a voidable marriage declared annulled, the child’s status may differ depending on the specific grounds for nullity or annulment.)
Clerical or Substantial Errors Discovered Post-Registration
- Certain “correctible” aspects (e.g., the identity of the father, the date of marriage) might require cancellation and re-issuance if the entire legitimation process is found to be defective.

4. Effect of Cancellation on the Child’s Surname

4.1. Reversion to Illegitimate Status

When a Deed of Legitimation is declared invalid or cancelled, the child reverts to the status of an illegitimate child. In practical terms:

The father’s surname may be removed from the birth certificate if the legitimation was the only legal basis for using the father’s surname.
The child may revert to using the mother’s surname, which is ordinarily the default surname for illegitimate children, subject to existing laws such as Republic Act (R.A.) No. 9255 (allowing an illegitimate child to use the father’s surname if acknowledged).

4.2. Impact on Civil Registry Records

Upon cancellation, an annotation or a new entry is typically made on the birth record stating that the previous annotation of legitimation (or the corresponding entry) is null and void. This leads to the issuance of a new or annotated Certificate of Live Birth reflecting the child’s correct status and surname.

5. Procedures for Cancellation

5.1. Court Proceedings (Generally Required)

A petition in court is usually necessary to cancel a Deed of Legitimation. Unlike minor corrections (e.g., typographical errors under R.A. 9048 or R.A. 10172), cancellation of a legitimation touches on status and filiation, which are substantial matters that typically require a judicial order.

Filing a Petition
- The petition for cancellation is filed with the appropriate trial court (Regional Trial Court, Family Court, or specialized branch with jurisdiction) in the place where the civil registry is located or where the petitioner resides.
- The petition must state the grounds for cancellation and the specific relief prayed for (i.e., that the Deed of Legitimation and the corresponding annotation on the birth record be cancelled).
Summons and Notification to Interested Parties
- The court will require that relevant parties (the child, the mother, the father, and the Local Civil Registrar) be notified.
Presentation of Evidence
- Evidence must establish the invalidity of the legitimation (e.g., proof of impediment to marry, proof of fraud, or a court decree declaring the marriage void).
Court Ruling and Finality
- If the court finds merit, it will render a decision ordering the cancellation of the Deed of Legitimation and the annotation on the child’s birth certificate.
- Once the decision is final and executory, the court will issue a Certificate of Finality, which should be submitted to the Local Civil Registrar.
Recording and Annotation
- The Local Civil Registrar will annotate or record the court decision. The PSA will also be furnished a copy to update their records.

5.2. Possible Administrative Remedies (Limited Scope)

In very limited cases where the error is purely clerical or typographical (e.g., an obvious error in the date, place, or name on the Deed of Legitimation itself but not the substance of the legitimation), one could attempt an administrative correction under R.A. 9048 or R.A. 10172.

However, if the substance of the legitimation—i.e., the child’s legal status—is in question, an administrative route is not sufficient. A judicial proceeding is the standard pathway.

6. Common Scenarios and Practical Tips

Discovery of Bigamy or Nullity
- Parents or the child may discover that one parent was still legally married to another at the time of the child’s birth, rendering the subsequent marriage void. The remedy is to petition the court to nullify that marriage and, in the process, cancel the legitimation.
Acknowledgment vs. Legitimation
- Sometimes, parents confuse acknowledgment (recognition of paternity) with legitimation (changing the child’s status from illegitimate to legitimate). A child could be acknowledged by the father and use his surname even without legitimation under certain conditions (R.A. 9255). Cancellation of legitimation does not necessarily strip the child of the father’s acknowledgment (though the child would be considered illegitimate). Clarify these distinct processes if you are seeking to correct the records.
Safeguarding the Child’s Interests
- Courts often consider the best interest of the child in filiation cases. Even if legitimation is declared invalid, the father could still be responsible for support if he is the biological father.
Hire a Qualified Lawyer
- Because legitimation directly impacts status and filiation, and given that cancellations typically require judicial intervention, it is highly recommended to seek legal counsel. A lawyer will guide you through the necessary pleadings, evidence, and procedural steps.
Keep All Documents Updated
- The final step often overlooked is ensuring that the PSA and all relevant agencies have updated records. If your birth certificate is annotated, secure certified copies of the updated or cancelled record to avoid future confusion.

7. Summary

Cancelling a Deed of Legitimation in the Philippines is a serious legal process that effectively reverts a child’s status from legitimate (or “legitimated”) to illegitimate. This typically occurs when the foundation of the legitimation—namely, a valid subsequent marriage and absence of impediments at the time of conception/birth—is proven invalid or void.

Because issues of filiation and legal status are involved, judicial proceedings are generally mandatory. The end result of a successful cancellation is the restoration of the child’s birth record to its pre-legitimation state, which can include reverting to the mother’s surname if there is no separate valid basis for the child’s use of the father’s surname.

If you find yourself needing to cancel a Deed of Legitimation—whether for yourself or on behalf of a minor child—it is crucial to engage a lawyer, collect all pertinent evidence (birth and marriage records, relevant court decisions or proofs of invalidity), and comply with court and civil registry processes. This ensures that all official records are harmonized, preventing future legal complications regarding the child’s filiation, surname, and civil status.

Disclaimer:
This article provides general legal information based on Philippine laws and regulations. It is not a substitute for specific legal advice. If you need personalized assistance or if your case involves unique facts, consult a qualified attorney in the Philippines.