One of the most popular questions we receive on our Facebook page is this:
“Problema po ng birth certificate ko, wala po akong middle name. Unknown po ang nakalagay sa blank ng “father’s name”. At dahil daw po illegitimate ako, wala daw po talaga akong middle name. Tama po ba yun?”
Yes that is correct. Our laws say that children whose parents are married, or recognized by their fathers have the right to bear a middle name. Applying those laws also tell us that illegitimate children who are not acknowledged by their father bear only a given name and their mother’s surname, and without a middle name.
For example, Maria gives birth to a girl Jennifer. The father did not acknowledge Jennifer as his daughter. If Jennifer uses a middle name..
Mother’s Name: Maria Dela Cruz Reyes
Child’s Name: Jennifer Dela Cruz Reyes
This will make it appear that they are sisters, instead of mother and daughter. Our Supreme Court wanted to avoid this confusion. Therefore, this rule arose.
Right now, the only way to solve this problem is to file a case in court. Unless this bill becomes a law…
Republic of the Philippines
HOUSE OF REPRESENTATIVES
First Regular Session
HOUSE BILL NO. 4649
Introduced by Hon. ANGELO B. PALMONES
AN ACT AMENDING TITLE XIII, ARTICLE 368 OF THE CIVIL CODE OF THE PHILIPPINES AND CHAPTER 3, ARTICLE 176 OF THE FAMILY CODE (EO No. 209) AUTHORIZING THE USE OF THE MIDDLE NAME OF THE MOTHER BY AN ILLEGITIMATE CHILD, AND
FOR OTHER PURPOSES
Be enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:
SECTION 1. Title – The act shall be known as the Middle Name of Illegitimate Children Act of 2011.
SECTION 2. Use of the middle name of the mother of illegitimate child – The first sentence of Chapter 3, Article 175 of the Family Code (EO No. 209) is amended to read as follows: Illegitimate children shall use the surname and middle name of their mother, and shall be entitled to support in conformity with this code.
Likewise, Title XIII, Article 368 of the Civil Code of the Philippines shall be amended to read as follows: Illegitimate children referred to in Article 287 shall bear the surname and middle name of the mother.
SECTION 3. Addition of the middle name of illegitimate children – Mothers or guardians of illegitimate children below 18 years old who wish to add the middle name of the mothers of their wards shall merely inform the local Civil Registrar in writing. The Civil Registrar will record the change in their books and in turn inform the National Statistics Office (NSO) of the change. The NSO shall issue a certification of the change in the name of the illegitimate child. Such change shall be entered into the books/records of the NSO. The services of the Civil Registrar and the NSO shall be for free.
Similarly, illegitimate children 18 years and older may on their own request the Civil Registrar, in writing of the addition of the middle name using the middle name of the mother. The same procedure shall be followed by the Civil Registrar and the NSO and their services shall be for free.
SECTION 4. Effectivity – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
ANGELO B. PALMONES
Representative, AGHAM Party List