Authority to use Surname of the Father

ABOUT THE SERVICE

REPUBLIC ACT No. 9255 An Act allowing illegitimate children to use the surname of their father amending for the purpose Article 176 of Executive Order No. 209, otherwise known as “The family Code of the Philippines”.

The law applies to illegitimate children whose births are either not yet registered or were previously registered under the surname of the mother whether born before or after the effectivity of R.A. 9255. Specifically, this law applies to illegitimate children born on or after August 3, 1988.

Illegitimate children born on 3 August 1988 to 18 March 2004 may still be acknowledged by the father through an Aff. Of Admission of Paternity (AAP) or Private handwritten Instrument (PHI) but cannot use the surname of the father under R.A. 9255. However, a petition in court may be filed in order that the child can use the surname of the father.

If the child is 6 years old and below, the mother is the one who executes the AUSF pursuant to Art. 213(2) of the Family Code that states, “xxx no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise”

For a child 7-17 years old, the child will execute the AUSF with attestation of the mother.

For a child who is of age, he himself will execute the AUSF without need of attestation by the mother.

REQUIREMENTS

  • Birth Certificate of the child issued by the Philippine Statistics Authority (PSA)
  • Valid ID’s or Residence Certificate of parents
  • Affidavit of Admission of Paternity (if the child was not acknowledged by the father)
  • Affidavit to use the surname of the father
  • Consent of the child, if 18 years old & above (Affidavit stating that he/she is willing to use the surname of his/her father)
  • Private handwritten Instrument (Father)

FEES AND CHARGES

AUSF Registration Fee P300.00
Acknowledgement of Paternity Fee 400.00
Registration of Public Handwritten Instrument 400.00
Endorsement Fee 300.00
CTC of Legal Instrument 200.00
CTC of Annotated Birth Certificate 150.00
CTC of Un-Annotated Birth Certificate 100.00
Certification Fee 100.00
Postal Money Order for PSA (P140.00+ 41.00 S.C.) 181.00

HOW TO AVAIL THIS SERVICE

FOLLOW THESE STEPS IT WILL TAKE YOU

PLEASE APPROACH

1. Presentation of Document

Present the required documents to the employee-in-charge (EIC).

3 – 5 minutes

ERLINDA M. BICALDO

Administrative Aide II

2. Examination of Documents

EIC examines the presented documents as to authenticity.

5 minutes

ERLINDA M. BICALDO

Administrative Aide II

3. Payment of fees

Pay the required fees

5 – 10 minutes

CITY TREASURER’S OFFICE/

POST OFFICE

4. Registration of the Legal Instruments

EIC record  the legal instrument in the Registry Book

2 minutes

ERLINDA M. BICALDO

Administrative Aide II

5. Processing

EIC prepares the annotation to the affected civil registry record & endorsement  to PSA

Civil Registrar signs the documents

3 days

ERLINDA M. BICALDO

Administrative Aide II

ALEXANDER M. CAYETANO

City Civil Registrar

6. Release of Documents

EIC releases the documents to the client.

1 -2 minutes

ERLINDA M. BICALDO

Administrative Aide II

CITY CIVIL REGISTRY OFFICE

G/F Main Bldg., City Hall Complex, J. Miranda Ave., Concepcion Pequeña, Naga City
For more information, please contact:
Alexander M. Cayetano, City Civil Registrar
E-mail: lcr@naga.gov.ph