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What is RA No. 9255?

handwritten instrument executed and duly document or the AUSF shall be registered at
signed by the father expressly recognizing the Local Civil Registry Office (LCRO) of the
It is an Act allowing illegitimate children to use paternity to the child. place where the child was born.
the surname of their father provided that the
father has acknowledged the child, amending The Affidavit to Use the Surname of the Father >> If the child was born in the Philippines
Article 176 of Executive Order No. 209 (Family (AUSF) is used in cases where recognition is and the public document or the AUSF was
Code of the Philippines). made through a private handwritten instrument, executed outside the Philippines, the public
or when the birth has already been registered document or the AUSF shall be registered at the
It was signed into law by President Arroyo on under the mother's surname with or without the LCRO of Manila.
February 24, 2004 and took effect on March 19, father's recognition.
2004, fifteen days after its publication in the >> If the child was born outside the
Manila Times and Malaya. For private handwritten instruments, other Philippines and the public document or the AUSF
documents are required to be submitted to was executed or the AUSF was executed in or
The implementing rules and regulations (IRR) support the claim made. In particular submission outside the Philippines, the public document or
was approved on May 18, 2004 and took effect of any two of the following are needed: the AUSF shall be registered at the LCRO of
on June 2, 2004, fifteen days after its Manila.
publication in the Manila Times. 1. Employment records;
2. SSS/GSIS records; After registration of the public document or the
3. Insurance; AUSF, the LCRO of the place of birth shall
Scope of RA 9255 4. Certification of membership in any annotate the record of birth and the appropriate
organization; entry in the registry book. For births, which
This law applies to all illegitimate children born 5. Statement of Assets and Liabilities; or occurred outside the Philippines, the annotation
before or after the effectivity of RA 9255. This 6. Income Tax return (ITR) of the record of births shall be done by the
includes: OCRG.
Consent of the child is necessary, if the child is
a. Unregistered births; and eighteen (18) years old or more at the time of
recognition. When should the public document or
b. Registered births where the illegitimate the AUSF be filed?
children use the surname of the mother.
Who may file? Recognition or acknowledgment made in a
public document other than the record of birth
What is the requirement in order that The father; mother; the child, if of legal age, or or the AUSF shall be registered within 20 days
an illegitimate child may use the the guardian may file the public document or from the date of execution.
surname of his/her father? the AUSF in order for the child to use the
surname of the father.
The requirement may be made either in a public Can an illegitimate child whose mother
document or in a private handwritten instrument is below eighteen years old when
executed by the father. Where to file the public document or he/she was born use the surname of
the AUSF? his/her father pursuant to RA 9255?
Specifically, these are the affidavits found at
back of the Certificate of Live Birth (COLB), a >> If the child was born in the Philippines Yes, provided that the father of the child has
separate public document or the Affidavit to Use and the public document or the AUSF was admitted paternity to the child.
the Surname of the Father (AUSF); and a private executed in the Philippines, the public
The child shall be registered
For registered births, can the original
surname of the child in the Certificate
immediately after birth and
of Live Birth be changed or corrected
after availing of RA 9255?
shall have the right from
birth to a name, the right to
What You Need
entry in the Certificate of Live Birth shall
be changed or corrected. Only annotations shall
be written in the Certificate of Live Birth acquire a nationality and, as
indicating the surname that the child shall use.
far as possible, the right to to Know About
For births yet to be registered, can the
child automatically use the surname of know and be cared for by his
his/her father?
or her parents. ... Republic Act 9255
Yes, provided that the father executes an
Affidavit of Admission of Paternity at the time of -Article 7
registration. UN Convention on the rights of the Child An Act Allowing Illegitimate
(Ratified by the Philippines in July 1990) Children to Use the Surname
How can we secure a copy of the
annotated document from the OCRG? National Statistics Office
of their Father, Amending for
National Capital Region the Purpose, Article 176 of
Copies of annotated documents, which 4/F Philippine Bible Society Bldg.
underwent RA 9255, can be secured at the 3961 R. Magsaysay Blvd., Sta. Mesa, Manila Executive Order No. 209,
OCRG after submission of the following Telephone No.: (02) 714-1721
Telefax No.: (02) 716-4921
Otherwise known as the
documents:
Family Code of the
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1. Certified copy of the original Certificate Philippines
of Live birth (no annotation)
2. Copy of the annotated document
Civil Registry and Information
3. Certified copy of the public document
Management Division (CRIMD)
and AUSF of private handwritten
2/F Philippine Bible Society Bldg.
instrument and AUSF, together with the 3961 R. Magsaysay Blvd., Sta. Mesa, Manila
supporting documents and consent of Telefax No.:(02) 713-3052
the child, if eighteen (18) years old or
over. National Statistics Office
National Capital Region
Sta. Mesa, Manila
How much is the processing fee for an
annotated document?

Processing fee is Php 140 per copy.