QuestionsQuestions (IRR of Republic Act No. 9255)
PSA OCRG Administrative Order No. 1-2023 amends the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9255, specifically by amending certain provisions in PSA AO No. 1-2016.
RA No. 9255 allows illegitimate children to use the surname of their father, amending Article 176 of the Family Code.
OCRG Administrative Order (AO) No. 1-2004.
Grande vs. Antonio, G.R. No. 206248, dated 18 February 2014.
PSA AO No. 1-2016 is an administrative order revising OCRG AO No. 1-2004, promulgated to implement rules after the Grande vs. Antonio ruling and to address issues affecting coverage.
They apply to all non-marital children during the effectivity of Executive Order No. 209 (the Family Code of the Philippines).
(1) Unregistered births, and (2) Registered births where the non-marital children use the surname of the mother.
It clarifies that the IRR coverage is not limited to one documentation status; it extends to cases where births are unregistered and also to already registered cases where the child currently bears the mother’s surname.
It provides that rules and other prevailing issuances pursuant to RA No. 9255 shall have retroactive effect for all births occurring within and outside the Philippines, in accordance with Rule 1 of the PSA AO.
Retroactive effect applies to births occurring both within and outside the Philippines.
The retroactivity is governed by the Rules’ coverage period—i.e., it applies for births within the effectivity of Executive Order No. 209 (Family Code), as specified in Rule I.
Article 176 of Executive Order No. 209 (the Family Code).
The text cites RA No. 10625 as the mandate for the CRG to promulgate the IRR.
It modifies accordingly all circulars, memoranda, rules, and regulations (or portions) that are inconsistent with the amended IRR.
The amended IRR takes effect immediately after publication in a newspaper of general circulation in the Philippines.
It explains the rationale for amending the coverage provisions—namely, to ensure correct rules for non-marital children during the transition period between the Family Code and RA 9255.
It was approved by Claire Dennis S. Mapa, PhD (National Statistician and Civil Registrar General) on 28 April 2023.