Below is a comprehensive discussion of the relevant rules, laws, and procedures governing the change of a child’s surname in the Philippines when the parents are not married (i.e., for an illegitimate child). This article covers the nature of an illegitimate child’s surname, the applicable laws (particularly Republic Act No. 9255, commonly known as the “Revilla Law”), how recognition or acknowledgment by the father works, the process and requirements for changing a child’s surname, and various related nuances.

1. Nature of Illegitimacy and the Default Rule

1.1 Definition of Illegitimate Child

Under Philippine law, a child born to parents who are not married to each other at the time of conception or birth is considered “illegitimate.” The Family Code of the Philippines (Executive Order No. 209) provides the framework for determining legitimacy. Specifically:

Article 165 states: “Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.”

1.2 Default Surname for an Illegitimate Child

Historically and by default under the Family Code (prior to Republic Act No. 9255), illegitimate children were required to use the surname of their mother. This is still the general rule today unless the father voluntarily recognizes or acknowledges the child following the procedure under RA 9255, thus allowing the child to use his surname.

2. Republic Act No. 9255 (The “Revilla Law”)

2.1 Overview of RA 9255

Enacted in 2004, Republic Act No. 9255, sometimes referred to as the “Revilla Law,” amended Article 176 of the Family Code. This statute made it possible for illegitimate children to use the surname of their father, provided that paternity has been duly recognized or acknowledged by the father.

The relevant provision states:

“Illegitimate children shall use the surname and shall be under the parental authority of their mother, unless their father has expressly recognized or acknowledged them in the manner provided by law. In such case, such illegitimate children may use the surname of their father.”

2.2 Requirement of Voluntary Recognition

For an illegitimate child to bear the father’s surname, the father must recognize or acknowledge his paternity. This recognition can be done in various ways, such as:

Signing the birth certificate at the time of registration to affirm paternity.
Executing an Affidavit of Acknowledgment or Admission of Paternity after birth.
Subsequent judicial or legal recognition proceedings (e.g., a court decision, if the father contested the paternity).

In practice, the most common method involves the father signing the child’s birth certificate and/or executing an Affidavit of Acknowledgment at the Local Civil Registry. This allows the child to carry the father’s surname from the outset or to later amend the certificate to reflect the father’s surname.

3. Changing the Child’s Surname From the Mother’s to the Father’s

3.1 When RA 9255 Applies

If an illegitimate child was initially registered under the mother’s surname (i.e., the father did not sign or acknowledge at the time of birth registration), the mother (or the child’s legal guardian if the child is already older) can file a request for correction or change of surname with the Local Civil Registrar. The father’s cooperation is needed since RA 9255 requires proof of paternal acknowledgment.

3.2 The “Affidavit of Acknowledgment” and Other Documents

To change the surname from the mother’s to the father’s for an illegitimate child, the following must typically be submitted to the Local Civil Registry:

Affidavit of Acknowledgment or Admission of Paternity – signed by the father, indicating his consent for the child to carry his surname.
Public/Private Documents Evidencing Paternity – if applicable.
Birth Certificate of the child.
Valid IDs of the father, mother, or child’s guardian as required by the civil registry.

If the child is old enough to sign documents or is no longer a minor, the child’s written consent may also be required. In practice, local civil registries can have varying requirements, so it is prudent to inquire directly with the relevant civil registry office for their specific procedure.

3.3 No Court Order Necessary in Most Cases

Because RA 9255 is effectuated through administrative changes at the Civil Registry (via the Civil Registrar General’s implementing rules and regulations), a court order is not usually necessary for the mere act of changing an illegitimate child’s surname to the father’s, so long as the father willingly acknowledges paternity and all administrative requirements are met.

4. Changing the Child’s Surname From the Father’s Back to the Mother’s

4.1 Possible Scenarios

Sometimes, an illegitimate child might have been registered using the father’s surname (due to the father’s initial acknowledgment), but circumstances change (e.g., the father is absent, provides no support, or the mother wants the child to revert to her surname). It is typically more complicated to change the surname back to the mother’s once the father’s surname has been acknowledged or used.

4.2 Need for a Judicial Proceeding

Where the father’s paternity has been formally acknowledged on the birth certificate and the local civil registrar’s records, the father’s right to pass on his surname has already been established. Philippine jurisprudence generally leans toward requiring a court order to undo or remove the father’s surname if the father does not consent to the change, especially if the father had validly recognized the child. Courts require a showing of proper cause (e.g., best interest of the child, father’s lack of commitment, or other compelling reasons).

4.3 Best Interest of the Child

In deciding whether to allow a change, courts typically use a “best interest of the child” standard. This approach aims to protect the child’s welfare and identity while respecting legal paternity rights.

5. Legitimation vs. RA 9255

5.1 Legitimation by Subsequent Marriage

Legitimation under Philippine law (Article 177 of the Family Code) occurs when subsequently the unmarried parents of the child contract a valid marriage. This has the effect of “legitimizing” the child retroactively to birth, if certain conditions are met (e.g., no legal impediments at the time of conception). Once legitimated, the child may bear the father’s surname as a legitimate child. This is a separate and distinct process from RA 9255.

5.2 RA 9255 for Unwed Parents

RA 9255 simply allows use of the father’s surname for an illegitimate child without altering the child’s status to “legitimate.” This does not legitimize the child. If the parents later marry and the child is thereby legitimated, the birth certificate will be amended through a different procedure.

6. Procedure at the Local Civil Registry: Step-by-Step Guide

Gather Documents:
- Original or certified true copy of the child’s birth certificate.
- Father’s notarized “Affidavit of Acknowledgment/Admission of Paternity,” if not already on the birth certificate.
- Valid government-issued IDs of both parents.
- Other supplemental documents (e.g., proof of father’s identity, child’s school records if the child is already studying, etc.).
Fill Out the Required Forms:
- Each Local Civil Registry office typically has a standard form for changes/corrections in the birth certificate (e.g., “Affidavit for Correction of Clerical Error” if it’s purely administrative or “Petition for Change of Name” if certain conditions apply).
Pay Applicable Fees:
- Filing fee for the petition or affidavit, as determined by the local civil registrar.
Review by the Local Civil Registrar:
- The Local Civil Registrar evaluates the documents. If everything is in order and consistent with RA 9255 and its Implementing Rules and Regulations, they will annotate the birth certificate to reflect the new surname.
Issuance of Amended Birth Certificate:
- Once approved, the annotation or amended birth certificate will be released (usually in the form of a marginal annotation indicating the change of surname).
Reporting to PSA (Philippine Statistics Authority):
- The local civil registrar transmits the annotated or updated record to the PSA for its national database. The newly amended birth certificate can then be requested from the PSA in due course.

7. Common Questions and Clarifications

Can I Use RA 9255 Without the Father’s Consent?
- Generally, no. RA 9255 requires the father’s voluntary acknowledgment. Without the father’s cooperation or proof of recognition (such as a court order establishing paternity), the child cannot carry the father’s surname.
If the Father Acknowledged the Child Long Ago, Is a Court Order Required to Use His Surname Now?
- Typically, no, if the father has already executed a valid acknowledgment in an affidavit or is listed as the father on the birth certificate. The local civil registry process typically suffices, assuming all documentary requirements are met.
Can the Father Revoke the Child’s Right to His Surname Later On?
- Once validly acknowledged, the father cannot unilaterally revoke that recognition. The child’s use of the father’s surname is a right granted by law, absent any judicial proceeding that might alter or remove that right in extremely exceptional cases.
What if the Parents Disagree on the Surname?
- If the father wants to be acknowledged but the mother refuses, or vice versa, a legal conflict arises. Generally, the father’s acknowledgment must be voluntary, and the mother’s cooperation is needed for the administrative process. If there is a dispute, a judicial proceeding might be necessary.
Is the Child Considered “Legitimate” Once He or She Uses the Father’s Surname?
- No. RA 9255 does not affect the legitimacy status. The child remains illegitimate unless legitimated by the subsequent valid marriage of the parents (or through adoption, if that route is taken).

8. Practical Tips

Consult the Local Civil Registrar Early
- Procedures can vary among different municipalities or cities. It is essential to check first with the local civil registry where the child’s birth was registered.
Keep Copies of All Documents
- Having multiple certified copies of the birth certificate and affidavits streamlines the process.
Seek Legal Counsel If Disputes Arise
- In case of disagreements between the parents or complications (e.g., father is absent or uncooperative), consulting a lawyer is recommended. A judicial action might be necessary in more complex scenarios.
Check for Updates in Rules and Regulations
- The Office of the Civil Registrar General (OCRG) sometimes issues new circulars or updated guidelines. Always verify the latest requirements.

9. Conclusion

Changing an illegitimate child’s surname in the Philippines—from mother’s to father’s or vice versa—largely revolves around Republic Act No. 9255 (the Revilla Law) and its implementing rules. The default rule remains that an illegitimate child bears the mother’s surname unless and until the father voluntarily acknowledges the child. Once that acknowledgment is properly made and registered, the child may use the father’s surname.

Should there be a desire or need to revert to the mother’s surname after an initial use of the father’s, the process tends to be more complicated, often requiring a court proceeding. Throughout these processes, the guiding principle is to protect the best interest of the child, while balancing the statutory rights and obligations of the parents.

Finally, while administrative remedies are typically sufficient (through the local civil registry), disputes or non-cooperation from a parent may require judicial intervention. Anyone confronting these issues is well advised to seek clarity from the Local Civil Registrar or engage legal counsel to ensure compliance with all documentary and procedural requirements.