Law Summary
Retroactive Effect
- The rules and other prevailing issuances pursuant to RA No. 9255 shall apply retroactively.
- This retroactivity covers all births occurring both within and outside the Philippines.
- Application of retroactivity is in accordance with Rule 1 of PSA AO No. 1-2023, concerning non-marital children.
Supersession and Modification of Inconsistent Issuances
- All circulars, memoranda, rules, regulations, or parts thereof inconsistent with this amended Implementing Rules and Regulations are modified accordingly.
- This ensures uniformity and consistency in the application of RA No. 9255.
Effectivity of the Amended Implementing Rules and Regulations
- The amended rules take effect immediately after their publication in a newspaper of general circulation in the Philippines.
- This provides public notice and ensures the immediate enforcement of the amended provisions.
Legal Authority and Background
- Issued by the Civil Registrar General pursuant to RA No. 10625 mandating Civil Registrar General to issue the implementing rules of RA No. 9255.
- Amends previous rules contained in PSA AO No. 1-2016, which were revisions of OCRG AO No. 1-2004.
- The amendments respond to the Supreme Court ruling in "Grande vs. Antonio" (G.R. No. 206248) and address rules applicable to non-marital children from the effectivity of the Family Code up to RA No. 9255.
Key Legal Concepts
- Recognition of the rights of non-marital children to use the surname of their father.
- Clarifies coverage specifically on unregistered births and registered births where the maternal surname is used.
- Ensures the uniform application of rules regarding surname usage irrespective of registration status.
- Reflects the legal evolution in the recognition of non-marital children’s rights over time.