Republic Act No. 9255
ADMINISTRATIVE ORDER NO.
1
Series of 2016
REVISED IMPLEMENTING RULES AND REGULATIONS OF 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")
As mandated by
Republic Act No. 10625, the Civil Registrar General promulgates the
Revised Implementing Rules and Regulations of Republic Act No. 9255
based on the Supreme Court Ruling in the case of "Grande vs . Antonio
", G.R. 206248 dated February 18, 2014.
Rule 1. Coverage
This Revised
Implementing Rules and Regulations shall apply to all
illegitimate children born during the effectivity of R.A. No. 9255 ;
Rule 2. Definition of
Terms
As used in this
Revised Implementing Rules and Regulations , the following terms shall
mean:
2.1 Public
Document refers to the Affidavit of Admission of Paternity and other
public documents enumerated under Memorandum Circular 04-12 dated
October 18, 2004 attached as Annex A.
2.2 Private
Handwritten Instrument is an instrument in the handwriting of the
father and duly signed by him where he expressly recognizes the
paternity of the child during his life.time.
2.3 Affidavit
to Use the Surname of the Father (AUSF) is an instrument executed in
order to use the surname of the father . The AUSF is a registrable
document.
2.4 Local
Civil Registry Office (LCRO) is a department in the city or municipal government
mandated to perform civil registration functions .
2.5
Philippine Foreign Service Post (PFSP) refers to all Philippine
embassies , missions , consulates general and other foreign service
establishments maintained by the Department
of Foreign Affairs
(Section 5[k] of
Republic Act No. 7157 (An Act Revising Republic Act No. 708, as
amended).
As used in this
Revised Implementing Rules and Regulations, the PFSP shall refer
only to Embassies and Consulates General of the Philippines abroad. The
Embassy is headed by an Ambassador while the
Consulate General is headed by a Consul General. The Ambassador is the
head of the PFSP while a Consulate General is headed by the Consul
General who has also Consul and/or Vice Consul to assist
him in the performance of the consular
functions. An Embassy has a Consular Section and this is under the
Consul General who supervises the consular functions of the
Embassy.
2.6 The
Civil Registrar General (CRG) is
the head of the Philippine Statistics
Authority who has the power to
issue orders and instructions to the Local Civil
Registrars regarding the performance of their duties.
2.7 Guardian
refers to a person lawfully invested with the power, and charged with
the duty, of taking care of one who, for defect of age, understanding, or self
control , is considered incapable of administering his own
affairs . The term "guardian " also refers
to those authorized to exercise substitute parental
authority over the child in default of parents or a
judicially-appointed guardian (Title IX, Family Code). Those exercising
substitute parental authority are the following :
1) The
surviving grandparent, as provided in Article
214, Family Code of the Philippines;
2) The oldest
brother or sister, over 21 years of age, unless unfit or disqualified
(Article 216(2), Family Code; and
3) The child's
actual custodian , over 21 years of age , unless unfit or
disqualified , as provided in Article 216(3),
Family Code of the Philippines.
2.8 Certificate
of Live Birth (COLB) or Municipal Form No. 102 is the prescribed form
used for the declaration of facts and circumstances surrounding the
birth of a person for purposes of registration.
2.9 Report
of Birth (ROB) is the prescribed form
used for the declaration of facts and circumstances surrounding
the birth of a person born abroad to Filipino
parentis for purposes of registration .
Rule 3. What to File
The following
documents shall be filed at the LCRO or PFSP for registration :
3.1 Affidavit of
Admission of Paternity
3.2 Private
Handwritten Instrument
3.3 Affidavit to
Use the Surname of the Father
Rule 4. Who may file
The following
persons are authorized to file at the LCRO or PFSP:
4.1 The
father , mother, the person himself , if of age, or the guardian,
may file the Affidavit of Admission of Paternity.
4.2 The
father , mother, the person himself, if of age, or the guardian , may
file the Affidavit to Use the Surname of the father .
4.3 The
father shall personally file the Private Handwritten Instrument (PHI) ,
if the proof of filiation is through a PHI, at
the LCRO/PFSP for registration.
The mother , the
person himself, if of age, or the guardian , may file the PHI if the
father is already deceased. The PHI can be accepted provided there are
supporting documents to prove filiation .
Rule 5. Where to register
For births that
occur in the Philippines , the Affidavit of Admission of Paternity ,
Private Handwritten Instrument or Affidavit to Use the Surname of the
Father executed in the Philippines shall be registered at the LCRO of
the place of birth.
For births that
occur within or outside the Philippines,
the Affidavit of Admission of Paternity , Private
Handwritten Instrument or Affidavit to
Use the Surname of the Father executed outside the
Philippines shall be registered at the
PFSP of the country of residence , or where there is none, to
the PFSP of the country nearest the
place of residence of the party
concerned.
For births that
occur outside the Philippines, the Affidavit of Admission of Paternity,
Private Handwritten Instrument, or Affidavit to Use the Surname of the
Father executed in the Philippines shall be registered at the Local
Civil Registry Office of the place of execution .
Rule 6. When to Register
The Affidavit of
Admission of Paternity , Private Handwritten Instrument, or
the Affidavit to Use the Surname of the Father shall be registered
within twenty (20) days from the date of execution. Otherwise , the
rules on delayed registration under Administrative Order No. 1, Series
of 1993 (IRR of Act. No. 3753 and Other Laws on Civil Registration)
shall apply.
Rule 7. How to Register
7.1 The
City/Municipal Civil Registrar (C/MCR), Consul General , Consul, or
Vice Consul shall examine the completeness and correctness of entries
in the Certificate of Live Birth (COLB)/Report of Birth (ROB) , and the
supporting documents . If there are inconsistencies , the C/MCR, Consul
Genera l, Consul , or Vice Consul, shall not accept the
documents for registration .
7.2 Accept
the following documents for registration :
• COLB/ROB
• Affidavit of
Admission of Paternity
• Private
Handwritten Instrument
• Affidavit to
Use the Surname of the Father
7.3 Record
the entries of the COLB/ROB in the Register of Births, Affidav it of
Admission of Paternity , Private Handwritten Instrument and
the Affidavit to Use the Surname of the Father in the Register of Legal
Instruments .
7.4 Annotate
the COLB/ROB and enter the annotation on the Remarks portion of
the Register of Births.
7.5 Distribute
the annotated COLB/ROB , registered Affidavit of
Admission of Paternity , Affidavit to Use the Surname of the Father, or Private
Handwritten Instrument including any supporting document as
follows:
• first copy
to the CRG;
• second copy
to the LCRO/PFSP where the event was registered;
• third copy
to the registrant/owner of the document;
• fourth copy
shall be retained for filing by the LCRO/PFSP.
7.6 Issue
certified copies of COLB/ROB or certified transcription (LCR Form 1A)
with annotations and cert ified copies of the Affidavit of Admission of
Paternity, AUSF, and Private Handwritten Instrument.
Rule 8. Effects of
Recognition
8.1 As
a rule, an illegitimate child not acknowledged by the
father shall use the surname of the mother.
8.2 Illegitimate
child acknowledged by the father shall use the surname of the
mother if no AUSF is executed.
8.3 An
illegitimate child aged 0-6 years old acknowledged by the
father shall use the surname of the father, if the mother or the
guardian , in the absence of the mother , executes the AUSF.
8.4 An
illegitimate child aged 7 to 17 years old
acknowledged by the father shall use the surname of
the father if the child executes an AUSF fully aware of
its consequence as attested by the mother or
guardian .
8.5 Upon
reaching the age of majority , an illegitimate child acknowledged by
the father shall use the surname of his father provided
that he executes an AUSF without need of any attestation .
Rule 9. Annotations
9.1 For
births not yet registered:
9.1.1 Without
Affidavit to Use the Surname of the Father
a. If Affidavit
of Admission of Paternity at the back of the COLB is executed and there
is no AUSF executed by the mother or the person himself , the child
shall be registered under the surname of the mother. There shall be no
annotation on the COLB. However, there shall be annotation on the
Remarks Column of the Register of Births as follows:
"Acknowledged
by (name of father) on (date of execution of the Affidavit of
Admission of Paternity)."
b. If a
separate Affidavit of Admission of Paternity is executed and there is
no AUSF executed by the mother or the person himself, the child shall
be registered under the surname of the mother. There shall be an
annotation on the COLB/ROB and on the Remarks Column of the Register of
Births as follows:
"Acknowledged
by (name of father) on (date of execution of the Affidavit of
Admission of Paternity) under (Registry No. of the Affidavit of
Admission of Paternity)."
c. If a Private
Handwritten Instrument is executed and there is no AUSF
executed by the mother or the person himself, the
child shall be registered under the
surname of the mother . There shall be an
annotation on the COLB/ROB and on
the Remarks Column on the Register of Births as follows:
"Acknowledged
by (name of father) under (Registry No. of the
Private Handwritten Instrument)."
9.1.2 With
Affidavit to Use the Surname of the Father
a. If Affidavit
of Admission of Paternity at the back of the COLB is executed and an
AUSF is executed by the mother or the guardian, in the absence of the
mother, or the person himself , the child shall be registered under the
surname of the father . There shall be no annotation on the COLB.
However , there shall be annotation on the Remarks Column of the
Register of Births as follows :
"Acknowledged
by (name of father) on (date of execution of the Affidavit of
Admission of Paternity) pursuant to RA 9255. "
b. If Affidavit
of Admission of Paternity is executed in a separate public document ,
and an AUSF is executed by the mother or the guardian , in the
absence of the mother, or the person himself , the child shall be
registered under the surname of the father. There shall be an
annotation on the COLB/ROB and on the Remarks Column of the Register of
Births as follows:
"Acknowledged
by (name of father) on (date of execution of the Affidavit of
Admission of Paternity) under (Registry No. of the Affidavit of
Admission of Paternity)" pursuant to RA 9255."
c. If a Private
Handwritten Instrument is executed and an AUSF is executed by the
mother or the guardian, in the absence of the mother or the person
himself , the child shall be registered under the surname of the
father. There shall be an annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:
"Acknowledged
by (name of father) under (Registry No. of the
Private Handwritten Instrument)" pursuant to RA 9255. "
9.2 For births
previously registered under the surname of the mother and
not acknowledged by the father
9.2.1 Without
Affidavit to Use the Surname of the Father
a. If Affidavit
of Admission of Paternity is executed in a separate public document and
there is no AUSF executed by the mother or the
guardian , in the absence of the mother,
or the person himself , the COLB/ROB
and on the Remarks Column of
the Register of Births shall be annotated as follows :
"Acknowledged
by (name of father) on (date of execution of the Affidavit of
Admission of Paternity) under (Registry No. of the
Affidavit of Admission of Paternity) ."
b. If a Private
Handwritten Instrument is presented and there is no
AUSF executed by the mother or the guardian , in the
absence of the mother , or the person himself , the
COLB/ROB and on the Remarks Column of the Register of Births shall be
annotated as follows:
"Acknowledged
by (name of father) under (Registry No. of the Private
Handwritten Instrument)."
9.2.2. With
Affidavit to Use the Surname of the Father
a. If Admission
of Paternity is executed in a separate
public document , and an AUSF is executed by
the mother or the guardian , in the absence of
the mother , or the person himself
, the child shall use the surname of the father . There shall be an
annotation in the COLB/ROB and on the Remarks Column of the Register
of Births as follows :
"Acknowledged
by (name of father) on (date of ex ecution of the Affidavit
of Admission of Paternity) under (Registry No. of the Affidavit
of Admission of Paternity). The child shall be known as (full
name of the child) pursuant to RA 9255."
b. If a Private
Handwritten Instrument is presented and an AUSF is executed by the
mother or the guardian , in the absence of the mother , or
the person himself, the child shall use the surname
of the father . There shall be an annotation
on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:
"Acknowledged
by (name of father) under (Registry No of the Private
Handwritten Instrument)." The child shall be known as (full name
of the child) pursuant to RA 9255."
9.3 For births
previously registered using the surname of the mother and
the child is acknowledged by the father
9.3.1 With
Affidavit to Use the Surname of the Father
If the AUSF is
executed by the mother or the guardian , in the absence of the mother ,
or the person himself , the child shall use the surname of the father.
There shall be an annotation on the COLB/ROB and on the Remarks Column
of the Register of Births as follows :
''The child
shall be known as (full name of the child) pursuant to RA
9255."
Rule 10. Separability
Clause
If any provision
of this Revised Implementing Rules and Regulations is declared void or
unconstitutional , the remaining portions or provisions thereof shall
not be affected by such declaration .
Rule 11. Repealing
Clause
All circulars ,
memoranda , rules and regulations or parts thereof inconsistent with
the provisions of this Revised Implementing Rules and Regulations are
hereby repealed or modified accordingly.
Rule 12. Effectivity
This Revised Implementing Rules and
Regulations shall take effect 15 days after its publication in a
newspaper of general circulation in the Philippines .
Approved this 22nd of
March 2016.
LISA GRACE S. BERSALES, Ph.D.
National Statistician and Civil Registrar General
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