Law Summary
Right to Use Father's Surname
- Illegitimate children may use their father's surname if filiation is expressly recognized by the father.
- Recognition can occur through:
- Entry in the birth certificate in the civil register.
- Admission in a public document.
- Admission in a private handwritten instrument by the father.
Right of the Father to Challenge Filiation
- The father retains the right to initiate a legal action for proving non-filiation during his lifetime.
- Such action must be brought before the appropriate regular courts.
Legitimate Portion (Legitime) of Illegitimate Children
- The legitime of an illegitimate child equals half of the legitime of a legitimate child.
- This adjustment ensures proportional inheritance rights in comparison to legitimate children.
Repealing Clause
- All laws, presidential decrees, executive orders, proclamations, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause
- This Act takes effect fifteen (15) days after publication.
- Publication must be in the Official Gazette or in two newspapers of general circulation.