Dear Attorney,

I hope this message finds you well. I am writing to seek legal advice on the matter of changing the surname of my son, who is 13 years old. His father and I were never married, and his father’s surname is currently on his birth certificate. However, I would like to know the legal process for changing his surname, should he prefer to take my surname when he reaches legal age or at an earlier time. What are the options and requirements for such a change in the Philippines?

I would greatly appreciate your guidance on this matter.

Sincerely,
Concerned Parent

Comprehensive Discussion on Changing the Surname of a Minor in the Philippines

I. Introduction

The change of a surname in the Philippines, particularly for minors, is a delicate matter governed by a combination of civil law and jurisprudence. In the scenario presented above, the concern involves changing the surname of a 13-year-old boy, which raises questions on both procedural and substantive legal issues. This article aims to provide an in-depth analysis of the legal framework surrounding the change of a surname for minors in the Philippines, including the rights of the parents, the child, and the legal implications that arise from such a decision.

In the context of Philippine law, a surname represents not only an identifier but also a reflection of one's lineage, legal rights, and relationships. The act of changing a surname, particularly in a family context where the parents were not married, invokes numerous legal considerations, including the legitimacy or illegitimacy of the child, parental consent, and the best interests of the child.

II. Legal Framework for Changing a Minor's Surname

A. The Civil Code of the Philippines (Republic Act No. 386)

One of the primary sources of law governing surnames in the Philippines is the Civil Code, which outlines the rights and obligations of individuals regarding their names. Under the law, the surname of a legitimate child is traditionally taken from the father, whereas an illegitimate child generally carries the surname of the mother unless the father acknowledges the child and the child’s birth certificate reflects his surname.

For the scenario at hand, if the child is illegitimate and the father’s surname appears on the birth certificate due to acknowledgment, changing the surname back to the mother's surname becomes a more complex matter.

Article 364 of the Civil Code clearly states that legitimate children shall principally use the surname of the father. In contrast, Article 176 of the Family Code states that illegitimate children shall use the surname of the mother unless the father recognizes the child.

B. The Family Code of the Philippines (Executive Order No. 209)

The Family Code is an essential law governing family relations in the Philippines, and it includes provisions that directly relate to the status of children and their names. According to Article 176 of the Family Code (as amended by Republic Act No. 9255), an illegitimate child may bear the surname of the father if the latter recognizes or acknowledges the child in a public document or in a birth certificate. Once the child has the surname of the father, changing it back to the mother’s surname or any other surname requires legal action.

C. Republic Act No. 9255: Use of Father's Surname by Illegitimate Children

Republic Act No. 9255, enacted in 2004, amended Article 176 of the Family Code and provides that an illegitimate child may use the surname of the father if the father acknowledges the child. This law has simplified the process for illegitimate children to use their father's surname, but it has also created complexities when there is a desire to change the surname, particularly if the child later wishes to revert to the mother’s surname.

D. The Rule on Correction of Entries in the Civil Registry (Republic Act No. 9048)

Republic Act No. 9048 allows for the administrative correction of clerical or typographical errors in a person’s civil registry entries without the need for a judicial order. It also allows a person to change their first name or nickname in their civil registry record without court intervention, provided certain conditions are met. However, surname changes are more stringent and often require a court proceeding, particularly when the change is substantial or affects a minor.

E. Republic Act No. 10172

Republic Act No. 10172 amended Republic Act No. 9048 to allow for the correction of entries in birth certificates regarding the day and month of birth and the gender of the individual. However, it does not address changes in surname directly unless the change falls under the scope of RA 9048.

III. Grounds for Changing a Minor’s Surname

The law provides specific grounds under which a person, including a minor, can change their surname. These grounds are outlined in the Rules of Court, particularly in the Rule on Change of Name (Rule 103). While some of these grounds are applicable to adults, they can also be invoked in cases involving minors.

The legal grounds for changing a surname include:

Mistake in the Entry: If the surname entered in the birth certificate was incorrect, it can be corrected administratively under RA 9048 or through a court proceeding if necessary.
To Avoid Confusion: If the surname causes confusion or embarrassment to the child, a petition for a change of name can be filed. In this case, a compelling reason, such as social or psychological implications, must be demonstrated.
Paternal Abandonment or Neglect: If the father has abandoned or neglected the child, the mother may argue that it is in the child’s best interest to change the surname. This ground is especially relevant in cases where the father’s surname is a source of distress for the child.
Recognition by the Mother: If the father has not provided support or has not been involved in the child’s life, and the child identifies more with the mother’s surname, the court may allow the change.
Best Interest of the Child: In all cases involving minors, the overriding principle is the best interest of the child. Courts have the discretion to grant or deny a petition for change of surname based on whether it will serve the child’s welfare and future well-being.

IV. Procedural Aspects of Surname Changes for Minors

A. Filing a Petition in Court

In cases where a minor’s surname is to be changed, a petition must be filed in the appropriate Regional Trial Court (RTC). The petition must be filed by the minor’s legal guardian or a person with parental authority, and it must contain the following details:

The name and surname currently used by the child
The reasons for the desired change of surname
Any documents or evidence supporting the petition (e.g., birth certificate, affidavits, and other legal documents)

If the father’s surname is to be removed, the court will likely require notice to the father, as his parental rights may be affected by the decision.

B. Notice and Hearing

Once the petition is filed, the court will schedule a hearing to determine whether there are sufficient grounds for the change. Notice of the petition must be published in a newspaper of general circulation, and the court will give the father (if his surname is being removed) an opportunity to present his side, unless his whereabouts are unknown or he has been legally deprived of parental rights.

C. Court's Consideration: Best Interests of the Child

During the hearing, the court will evaluate whether the change of surname is in the child’s best interests. The court may also consider the child’s preferences, especially if the child is of sufficient age and maturity to express an opinion on the matter.

D. Psychological or Social Impact

The psychological and social impact of a name change on the child is a critical consideration. Courts have, in past rulings, placed significant weight on the potential benefits or harms that changing a surname might bring, especially if the child is undergoing a period of emotional or social adjustment.

V. Conclusion

The decision to change the surname of a 13-year-old child, especially in a context where the child’s father and mother were never married, is a complex legal process that must consider the child’s welfare, the rights of both parents, and the administrative and judicial procedures involved. Philippine law provides for various grounds upon which a surname may be changed, but any petition for such a change will ultimately be decided by the courts based on the best interests of the child.

In the case of the concerned parent, it would be essential to demonstrate that changing the surname would serve the child’s well-being, and the father’s involvement or lack thereof would play a significant role in the court’s decision. Given the child’s age, the court may also take into account the child’s preferences and the psychological or social impact of the name change.

Ultimately, the guidance of a competent family lawyer is crucial to navigating the procedural and substantive aspects of the law, ensuring that all legal requirements are met, and that the petition is handled in the most favorable manner for the child involved.