QuestionsQuestions (PSA ADMINISTRATIVE ORDER NO. 1 SERIES OF 2016)
It provides the Revised Implementing Rules and Regulations of Republic Act No. 9265, which allows illegitimate children to use the surname of their father (amending Article 176 of the Family Code).
It applies to illegitimate children born during the effectivity of R.A. No. 9255.
It is an instrument executed to allow the use of the father’s surname; it is explicitly stated to be a registrable document.
It is a handwritten instrument in the father’s handwriting, duly signed by him, where he expressly recognizes the paternity of the child during his lifetime.
The father, mother, the person himself/herself if of age, or the guardian.
The father, mother, the person himself/herself if of age, or the guardian.
The father must personally file the Private Handwritten Instrument at the LCRO/PFSP for registration if the proof of filiation is through a PHI.
The mother, the person himself/herself if of age, or the guardian may file the PHI; it can be accepted provided there are supporting documents to prove filiation.
The Affidavit of Admission of Paternity, Private Handwritten Instrument, or AUSF executed in the Philippines shall be registered at the LCRO of the place of birth.
If executed outside the Philippines, they shall be registered at the PFSP (Embassy/Consulate General) of the country of residence; if none, at the nearest PFSP to the place of residence.
They shall be registered at the Local Civil Registry Office of the place of execution.
Within twenty (20) days from the date of execution. Otherwise, the rules on delayed registration under Administrative Order No. 1, series of 1993 apply.
They examine completeness and correctness of entries in the COLB/ROB and supporting documents; if there are inconsistencies, they must not accept the documents for registration.
As a rule, the illegitimate child not acknowledged by the father shall use the surname of the mother.
The child must execute an AUSF fully aware of its consequence as attested by the mother or guardian.
The child shall be registered under the surname of the father, with no annotation on the COLB but with an annotation in the Remarks Column referencing the AUSF and the acknowledgment under R.A. 9255.
An AUSF executed by the mother/guardian (in absence of mother) or the person himself/herself if of age, is required; then the child shall use the father’s surname with the proper annotation.