Title
Supreme Court
Amendment of IRR of RA 9255 on Illegitimate Children
Law
Irr Of Republic Act No. 9255 (psa Ocrg Administrative Order No. 1-2023)
Decision Date
Apr 28, 2023
The Civil Registrar General's Administrative Order amends the implementing rules of Republic Act No. 9255, allowing non-marital children to retroactively use their father's surname and clarifying coverage for unregistered and registered births under the Family Code.

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.

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