Letter to a Lawyer Regarding a Birth Certificate Concern

Dear Attorney,

I am writing to seek your legal advice regarding an issue on my birth certificate. The surname of my mother, as stated in the birth certificate, is that of my father’s. However, my understanding is that it should reflect her maiden surname, as that was her legal surname at the time of my birth.

I would like to know the legal process and steps required to correct this mistake. Can you provide guidance on what documents or actions are necessary to remedy this issue and ensure that the birth certificate accurately reflects my mother’s maiden surname?

Your assistance on this matter would be greatly appreciated.

Sincerely,
A Concerned Individual

Legal Article on Correcting a Mother's Surname in a Birth Certificate Under Philippine Law

Introduction

In the Philippines, a birth certificate is one of the most important documents issued by the government. It serves as a record of an individual's identity and personal information, such as their name, date of birth, parents' names, and other relevant details. Birth certificates are crucial for many legal purposes, including school enrollment, employment, obtaining identification documents, and even inheritance claims. Therefore, any errors or discrepancies in the information reflected on the birth certificate must be corrected promptly.

One common issue arises when the mother's surname is incorrectly listed as the father's surname instead of her maiden surname. According to the Civil Code of the Philippines and various administrative issuances, the maiden surname of the mother must be reflected in the birth certificate, as this was her legal surname at the time of her child's birth. This article will discuss the legal implications of such an error and the available remedies under Philippine law.

Legal Basis for the Use of the Mother's Maiden Name

Under Philippine law, the maiden name of the mother refers to her surname prior to her marriage. The Family Code of the Philippines (Executive Order No. 209) and relevant provisions of the Civil Code make it clear that a woman retains her maiden name and legal personality after marriage. A married woman may use her husband's surname, but it does not replace her maiden name for official purposes, especially in documents concerning events that occurred before or around the time of her marriage.

Article 370 of the Civil Code of the Philippines provides that a married woman has the option to use:

Her maiden first name and surname and add her husband’s surname;
Her maiden first name and her husband’s surname; or
Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

However, the law does not obligate a woman to adopt her husband's surname. She may continue using her maiden name, especially in documents where the reference to her identity prior to marriage is crucial. This is particularly relevant in the context of birth certificates.

Article 407 of the Civil Code further provides that “acts, events, and judicial decrees concerning the civil status of persons shall be recorded in the civil register.” This includes the registration of births. Since the civil status of the mother at the time of birth reflects her maiden surname, this is the name that should be