How can I change my surname to my father's in the Philippines?

In the Philippines, changing one's surname to that of a deceased father involves several legal steps and requirements. This process is governed by Philippine law, specifically the Family Code and the Civil Code, which outline the procedures for changing a surname and addressing issues related to legitimate and illegitimate children. Here’s a comprehensive guide on how to navigate this legal process:

Legitimacy and Acknowledgment

Legitimation by Subsequent Marriage: Under Article 177 of the Family Code, children conceived and born outside of wedlock are legitimated by the subsequent marriage of their parents. If your parents got married after you were born, you may be legitimated by their marriage, and thus, entitled to use your father’s surname.
Acknowledgment: If legitimation is not applicable, another way to establish the right to use your father's surname is through acknowledgment. Article 172 of the Family Code provides that the father can acknowledge the child in a record of birth, a will, a statement before a court of record, or in any authentic writing.

Administrative and Judicial Procedures

Administrative Petition: If you have documents proving legitimation or acknowledgment, you may file a petition with the Civil Registrar. This involves:
- Birth Certificate: Presenting your birth certificate and the marriage certificate of your parents.
- Affidavits: Providing affidavits from your mother or relatives that confirm your relationship and your father's acknowledgment.
- Supporting Documents: Any other relevant documents that support your claim.
Court Petition: In cases where there is no clear acknowledgment or if the Civil Registrar denies your petition, you may need to file a court petition. This process involves:
- Legal Representation: Hiring a lawyer to assist you with the petition.
- Filing a Petition: Submitting a petition to the Regional Trial Court where you reside, detailing the reasons for the change and providing supporting documents.
- Court Hearing: Attending a court hearing where evidence will be presented, and witnesses may be called to testify.
Publication: Some cases may require the publication of the petition in a newspaper to inform any interested parties.

Supporting Documents

To strengthen your petition, you should gather the following documents:

Authenticated Birth Certificate: Showing your current surname.
Marriage Certificate of Parents: Proving subsequent marriage.
Death Certificate of Father: If applicable, to confirm his death.
Affidavit of Acknowledgment or Legitimation: From your mother or relatives.
Proof of Identity and Citizenship: Such as a valid ID and proof of Filipino citizenship.

Final Steps

Once the court grants your petition, the decision must be recorded with the Civil Registrar to update your birth certificate. This change will then reflect on all legal documents and identification records.

Conclusion

Changing your surname to your father's in the Philippines is a process that involves legal documentation and potentially court intervention. It is advisable to seek legal assistance to ensure that all requirements are met and to navigate the complexities of the process efficiently.