Amendment of IRR of RA 9255 on Illegitimate Children

Republic Act No. 9255 is cited as the statute allowing illegitimate children to use the surname of their father, amending Article 176 of Executive Order No. 209, the Family Code of the Philippines (stated in the whereas clauses).
Republic Act No. 10625 is cited as the mandate law under which the Civil Registrar General promulgates implementing rules (whereas clause).
The earlier implementing rules are identified as OCRG Administrative Order (AO) No. 1-2004, dated 24 May 2004, for RA No. 9255 (whereas clause).

The order recognizes a Supreme Court ruling in Grande vs. Antonio, G.R. No. 206248, dated 18 February 2014 (whereas clause).
The order recognizes the promulgation of PSA AO No. 1-2016, dated 22 March 2016, revising OCRG AO No. 1-2004 (whereas clause).

Purpose and policy statement

The amendments are issued to address the rules to be applied for non-marital children after the effectivity of the Family Code up to the effectivity of RA No. 9255 (whereas clause).

The amendments are issued to modify certain provisions pertaining to the coverage of RA No. 9255 found in PSA AO No. 1-2016 (whereas clause**).

Rule I (Coverage) is amended to govern the application of the Rules to all non-marital children during the effectivity of Executive Order No. 209 (as stated in the amended Rule I).
The amended Rule I provides that coverage includes unregistered births (Rule I, 1.1).
The amended Rule I provides that coverage includes registered births where the non-marital children use the surname of the mother (Rule I, 1.2).
The Rules apply under the period of the effectivity of Executive Order No. 209, through the coverage framing of the amended Rule (Rule I).

Section 2 establishes that the rules and other prevailing issuances pursuant to RA No. 9255 apply with retroactive effect.
The retroactive effect covers all births occurring within and outside the Philippines (Section 2).
The retroactive effect is implemented in accordance with Rule 1 of PSA AO No. 1-2023 (Section 2).

Section 3 provides that all circulars, memoranda, rules and regulations, or parts thereof, that are inconsistent with the amended implementing rules are modified accordingly.
The modifying effect in Section 3 applies to any provisions that conflict with the amended IRR of RA No. 9255 (Section 3).

Section 4 requires the amendments to take effect immediately after publication in a newspaper of general circulation in the Philippines.
The approval and date of April 28, 2023 are tied to the effectivity mechanics under Section 4 (approval clause).
The amendments are formally approved by the Civil Registrar General through the signature of Claire Dennis S. Mapa, PhD (Section 4).