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Republic Act
Approved February 24 2004

Republic Act No. 9255

An act allowing illegitimate children to use the surname of their father, amending for the purpose article 176 of executive order no. 209, otherwise known as the "family code of the philippines"

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"

In plain language

Amends Article 176 of the Family Code to permit illegitimate children to use their father's surname when the father has recognized their filiation through a birth record or admission, subject to conditions outlined in the Act.

  • Amendment of Article 176 to allow use of father's surname for illegitimate children
  • Conditions for recognition of filiation
  • Provision for father's right to prove non-filiation
  • Repealing clause for conflicting laws
  • Effectivity clause (15 days after publication)
Family Law
Civil Code
Surname
Illegitimate Children

Twelfth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three.

Republic Act No. 9255 February 24 2004

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1

Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided,the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.

Section 2. Repealing Clause

All laws, presidential decrees, executive orders, proclamations, rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 3. Effectivity Clause

This Act shall take effect fifteen (15) days from its publication in the Official Gazetteor in two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON

President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.