Law Summary
Key Definitions
- Public Document: Includes Affidavit of Admission of Paternity and related documents as enumerated in Memorandum Circular 04-12.
- Private Handwritten Instrument: Handwritten and signed document by the father acknowledging paternity during his lifetime.
- Affidavit to Use the Surname of the Father (AUSF): Document executed to allow the use of the father's surname; registrable.
- Local Civil Registry Office (LCRO): City/municipal government office performing civil registration.
- Philippine Foreign Service Post (PFSP): Embassies and Consulates General abroad, responsible for registration outside Philippines.
- Civil Registrar General (CRG): Head of PSA, with authority over local civil registrars.
- Guardian: Person lawfully charged to take care of a minor or incapable person, including substitute parental figures as per Family Code.
- Certificate of Live Birth (COLB)/Report of Birth (ROB): Prescribed forms for birth registration in the Philippines and abroad respectively.
Required Documents for Registration
- Affidavit of Admission of Paternity
- Private Handwritten Instrument
- Affidavit to Use the Surname of the Father
Authorized Persons to File
- Father, mother, the person himself (if of legal age), or guardian may file Affidavit of Admission of Paternity and AUSF.
- Father must personally file Private Handwritten Instrument; if deceased, mother, person himself (if of age) or guardian may file.
Place of Registration
- For births in the Philippines, registration occurs at the LCRO in the place of birth.
- For births abroad, registration at PFSP of country of residence or nearest country with PFSP.
- Documents executed abroad but pertaining to foreign births are registered at LCRO of place of execution.
Registration Period
- Registration must be done within twenty (20) days from execution.
- Delayed registration rules apply otherwise as per existing civil registration laws.
Registration Procedures
- Examination for completeness by authorized registrar or consular officials.
- Acceptance of COLB/ROB and attendant documents including Affidavits and PHI.
- Recording of entries in the Register of Births and Register of Legal Instruments.
- Annotation of birth records and distribution of copies to CRG, LCRO/PFSP, registrant, and filing office.
- Issuance of certified copies and transcriptions with annotations as applicable.
Legal Effects of Recognition
- Unacknowledged illegitimate children use the mother's surname by default.
- Recognition without AUSF still uses mother's surname.
- Children aged 0-6 use father's surname if AUSF executed by mother or guardian.
- Children aged 7-17 use father's surname if they personally execute AUSF with guardian/mother attestation.
- Upon reaching majority, the illegitimate child may use the father's surname by executing AUSF independently.
Annotations on Birth Records
- Specifies annotation protocols depending on presence or absence of AUSF and type of paternity admission document.
- Details different scenarios for births not yet registered, previously registered under mother's surname but acknowledged or not, including use of AUSF.
- Annotations reflect acknowledgment status and surname changes pursuant to R.A. 9255.
Separability Clause
- Invalidity of any part does not affect remaining provisions.
Repealing Clause
- Revokes inconsistent circulars, rules, and memoranda.
Effectivity
- Takes effect 15 days after publication in a newspaper of general circulation.