Text of the provision
Sec. 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."
An Act Allowing Illegitimate Children to Use the Surname of Their Father, Republic Act No. 9255 (2004). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
As a rule, illegitimate children use the mother’s surname, are under her parental authority, and are entitled to support. They may use the father’s surname where he has expressly recognised the child — in the record of birth in the civil register, or by an admission in a public document or private handwritten instrument. The father keeps the right to go to the regular courts during his lifetime to prove non-filiation, and each illegitimate child’s legitime is one-half that of a legitimate child.
Related provisions
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.