Question & AnswerQ&A (IRR of Republic Act No. 9255)
Republic Act No. 9255 allows illegitimate children to use the surname of their father, amending for that purpose Article 176 of the Family Code of the Philippines.
Republic Act No. 9255 was passed into law on 24 February 2004.
The Implementing Rules and Regulations (IRR) of RA No. 9255 were first promulgated by the Civil Registrar General through OCRG Administrative Order No. 1-2004 dated May 24, 2004, and later amended by PSA AO No. 1-2016 and further by PSA AO No. 1-2023.
PSA AO No. 1-2023 amended the coverage provisions of PSA AO No. 1-2016 to address the rules applicable to non-marital children from the effectivity of the Family Code until the effectivity of RA No. 9255.
The rules apply to all non-marital children during the effectivity of Executive Order No. 209 (Family Code of the Philippines), including unregistered births and registered births where the non-marital children use the surname of the mother.
Yes. The rules and other issuances pursuant to RA No. 9255 have retroactive effect for all births occurring within and outside the Philippines as provided in Rule 1 of PSA AO No. 1-2023.
The ruling led to the revision of the original implementing rules through PSA AO No. 1-2016, which was later further amended to refine the application of RA No. 9255 regarding non-marital children.
The Civil Registrar General is mandated under RA No. 10625 to promulgate and amend the implementing rules and regulations of RA No. 9255, including issuance of administrative orders governing its implementation.
The amended Implementing Rules and Regulations took effect immediately after its publication in a newspaper of general circulation in the Philippines on April 28, 2023.
All circulars, memoranda, rules, regulations, or parts thereof inconsistent with the amended IRR are modified accordingly to conform with its provisions.