AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER

Case Overview and Summary

Summary of Republic Act No. 9255

Amending Article 176 of the Family Code of the Philippines

- Illegitimate children shall use the surname and be under the parental authority of their mother. (Section 1)
- Illegitimate children are entitled to support in conformity with the Family Code. (Section 1)
- Illegitimate children may use the surname of their father if:
    - Their filiation has been expressly recognized by the father through the record of birth in the civil register. (Section 1)
    - There is an admission in a public document or private handwritten instrument made by the father. (Section 1)
- The father has the right to institute an action before regular courts to prove non-filiation during his lifetime. (Section 1)
- The legitime (inheritance share) of each illegitimate child shall be one-half of the legitime of a legitimate child. (Section 1)

Repealing Clause (Section 2)
- All laws, presidential decrees, executive orders, proclamations, rules and regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity Clause (Section 3)
- This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.