LAW FIRM

TO: Miss X

FROM:

DATE: May 29, 2020

RE: Legal Advice on Your Situation

Ms. X, after receiving your letter, I feel it is important to enlighten you on your
legal queries, and prescribe ways in which I can help you.

In your letter, you stated that you and your boyfriend are both seventeen (17)
years old, Filipino citizens and students of the University of the Cordilleras. Hence,
considering that you are both minors and cannot enter into a valid marriage, I assume
that your son was conceived and born outside of wedlock. In this regard, Article 165 of
the Family Code (FC) of the Philippines provides that children conceived and born
outside a valid marriage are illegitimate, unless otherwise provided in the said Code.
Hence, the legal status of your son is that of an illegitimate child.

HOW TO LEGITIMIZE YOUR SON

Under Article 177 of the FC, it provides that only children conceived and born
outside of wedlock of parents who, at the time of the conception of the former, were
not disqualified by any impediment to marry each other may be legitimated. An
example of a disqualification is if one or both of you were already married to somebody
else at that time. This means that as long as you and your boyfriend were not
disqualified to marry each other when you got pregnant, then your son may become
legitimated. Applying it to your case, it appears that there is no impediment of you and
your boyfriend from marrying each other except to the fact that both of you are below
eighteen (18) years of age. Hence, in order to legitimize your illegitimate son the
process of legitimation should be undergone.

Legitimation is a process whereby an illegitimate child becomes legitimate by

virtue of the marriage of his or her parents. Legitimation has three requirements that
must all be met in order for it to push through, viz:

 The child is born out of wedlock;

  The child’s parents at the time of conception were not disqualified from marrying
each, regardless if they’re both below or above 18 years of age; and
 A subsequent valid marriage between the parents of the child.

Foregoing considered, your son may be legitimated by your subsequent valid

marriage with your boyfriend pursuant to Article 178 of the FC.

STEPS TO UNDERTAKE FOR YOUR SON TO USE THE SURNAME OF HIS

FATHER

With regards to your query on whether your son may use the surname of your
boyfriend, as a rule, under Article 176 of the FC, illegitimate children shall use the
surname of their mother. 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. Absent these documents, filiation
may also be established by the child’s open and continuous possession of such status or
any other means allowed by the Rules of Court and special laws.
Specifically, a father may acknowledge his illegitimate child by executing and
submitting any one of the following:

 Signing the Affidavit of Admission of Paternity (AAP) at the back of the

child’s Certificate of Live Birth (COLB) in case the child is born in the
Philippines and the Report of Birth (ROB) in case the child is born outside of
the Philippines

 Executing a separate public document such as Affidavit of Admission of

Paternity (AAP) or Affidavit of Acknowledgment. As provided for under
Memorandum Circular 04-12 of the Office of the Civil Registrar General, other
examples of public documents are those listed under Sec 19, Rule 132 of the
Rules of Court and Supreme Court Rulings on the matter

 Executing a Private Handwritten Instrument (PHI), a document in the

handwriting of the father duly signed by him where he expressly recognizes the
paternity of the child during his lifetime

Applying the foregoing and for your son to use the surname of his father, it
appears that you will have to have to choose among the three alternatives provided
above. Please note though that acknowledgment of the father of his illegitimate child
will not automatically entitle the child to use the surname of the father. A document
called Affidavit to Use the Surname of the Father (AUSF) has to be executed. In
the accomplishment and filing of the said documents you may ask for my assistance.
 In addition, it will be helpful to know the guidelines laid down under the
Implementing Rules and Regulations of 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 209 Otherwise known as the Family Code of the
Philippines), particularly:

“Rule 2. Definition of Terms

xxx

2.3 Affidavit to Use the Surname of the Father (AUSF) is an instrument executed
in order to use the surname of the father. The AUSF is a registrable document.
xxx

Rule 8. Effects of Recognition

8.1 As a rule, an illegitimate child not acknowledged by the father shall use the
surname of the mother.

8.2 Illegitimate child acknowledged by the father shall use the surname of the
mother if no AUSF is executed.

8.3 An illegitimate child aged 0-6 years old acknowledged by the father shall use
the surname of the father, if the mother or the guardian, in the absence of the
mother, executes the AUSF.

8.4 An illegitimate child aged 7 to 17 years old acknowledged by the father shall
use the surname of the father if the child executes an AUSF fully aware of its
consequence as attested by the mother or guardian.

8.5 Upon reaching the age of majority, an illegitimate child acknowledged by the
father shall use the surname of his father provided that he executes an AUSF
without need of any attestation.”

Lastly, as provided under Article 179 and 180 of the same Code, once legitimated,
your child shall enjoy the same rights as a legitimate child. Please note that legitimation
is retroactive. It means that your child becomes legitimate at the time of his birth, not
at the time of your subsequent marriage.
I hope that I am able to answer your queries. Please be reminded that this advice
is based solely on the facts that you have narrated and my appreciation of the same.
My opinion may vary when other facts are changed or elaborated. Please call my
paralegal, Helena Chiweran, as soon as you receive this memo so that we can continue
to guide you through the process.