May an illegitimate child use the father's surname?

Rules and Regulations Governing the Implementation 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 No. 209, Otherwise Known as the "Family Code of the Philippines")

Frequently Asked Questions


As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.

Who are covered by these rules?

These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This includes:

1. Unregistered births;
2. Registered births where the illegitimate children use the surname of the mother.

Who may file?

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

Where to file?

1. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.
2. The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.
3. The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.

What to file?

The following shall be filed at the LCRO:

1. Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back
2. Public document
3. AUSF, including all supporting documents

When to register?

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.

 What are the requirements for the Child to Use the Surname of the Father?

  For Births Not Yet Registered


     1. The illegitimate child shall use the surname of the father if a public document is executed    by the father, either at the back of the Certificate of Live Birth or in a separate document.


     2.  If admission of paternity is made through a private handwritten instrument, the child shall use the surname of the father, provided the registration is supported by the following documents:

•  AUSF
• Consent of the child, if 18 years old and over at the time of the filing of the document
• Any two of the following documents showing clearly the paternity between the father and the child:
• Employment records
•  SSS/GSIS records
•  Insurance
• Certification of membership in any organization
•  Statement of Assets and Liabilities
•  Income Tax Return (ITR)

  For Births Previously Registered under the Surname of the Mother

1. If filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.
2. If filiation has not been expressly recognized by the father, the child shall use the surname of father upon submission of a public document or a private handwritten instrument supported by the documents listed in previous Rule. 

 What are the effects of recognition?

  For Births Not Yet Registered

1.  The surname of the father shall be entered as the last name of the child in the Certificate of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.
2. If admission of paternity is done at the back of the Certificate of Live Birth, no annotation is made in the Certificate of Live Birth. However, annotation shall be made in the Register     of Births as follows

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

    3.   If admission of paternity is made in a separate public document, the proper annotation shall be made in the Certificate of Live Birth and the Register of Births. The annotation shall be as follows:


 "Acknowledged by (name of father) on (date) pursuant to RA 9255."

     4.   In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with         the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper annotation with regard to delayed registration shall be made.

For Births Previously Registered under the Surname of the Mother

    1.   If admission of paternity was made either at the back of the Certificate of Live Birth or in a separate public document or in a private handwritten document, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:


"The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255."



The original surname of the child appearing in the Certificate of Live Birth and Register of Births shall not be changed or deleted.
      
      2.   If filiation was not expressly recognized at the time of registration, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

Reference:

ADMINISTRATIVE ORDER NO. 1, Series of 2004, 

OFFICE OF THE CIVIL REGISTRAR GENERAL

The Philippines and the ASEAN: Theoretical Perspectives on Democracy

In Plattner’s, "Democratic Moment"  he compared Francis Fukuyama and Ken Jowitt’s views on the triumph of democracy. Fukuyama in his, "The End of History" argued that the liberal democratic idea has definitely triumphed among the advanced nations of the world, and thus there will not again arise a major power animated by an antidemocartic ideology. Jowitt, on the other hand can  envisaged the emergence of a new “way of life,” an ideology whose power to move great nations would be comparable to that of Catholicism, liberal democracy, facsism or Leninism . 

I disagree with Fukuyama’s suggestion that modern liberalism has resolved all the fundamental “contradiction in human life. As pointed out by Jowittt, liberalism will always leave many human beings unsatisfied and hence will generate powerful antiliberal movements.  For Fukuyama’s claim that the end point of mankind’s ideological evolution and the universalization of Western liberal democracy as the final form of human government  to hold water, democracy as the “universal” form of government should be defined in universal terms.  But upon reading Diamond’s article, we will learn there are tensions between the principles of democracy. 

At this point, let us discuss the problems that democracy has experienced in the developing world that spring from tensions which are inherent in democracy’s very nature. 

There are three paradoxes that Diamond identified. First is the tension between conflict and concensus. the paradox stems out from the need for a democracy to have both  conflict and competition. Without the two, according to the author, democracy will not be possible. 

Second is the paradox between representativeness against governability.The two have different requirements. The former requires that parties speak of and for conflicting interest and the latter requires sufficient autonomy to rise above them. 

The last paradox is between consent and effectiveness. Consent of the people is very important in a democracy but to achieve it affective performance on the part of the government should be seen. Democratic governments will not be valued by the people  unless it deals effectively with social and economic problems and achieves a little of order and justice. These tensions are seen as being faced by developing countries.

Thompson in his article provides evidences of this and argues that even at “high tide,” the worlwide wave of democracy has not reached most of the countries which are members of the Association of Southeast Asian Nations (ASEAN). Philippines as a model of democracy in the region has not succeeded in convincing its neighbors that democracy is the means to solve the problems that most southeast Asian countries face given its economic difficulties in the 1980s. Thompson further pointed out reasons why democratization has been limited compared to other world-regions over which the wave of democracy has swept. 

He suggests that democratization has not been achieved in Indonesia, Malaysia, and Singapore because-unlike most authoritarian regimes in the developing world that suffered declining legitimacy in the 1970s and 1980s-they still enjoy a high degree of support primarily because of economic performance. In addition to this, he added that by adopting the forms but not the substance of democracy, by pointing to multi-ethnic character of their societies, and by criticizing Western hypocrisy some southeast asian countries have eased the pressure for more democracy .

Philippine Democracy and the ASEAN: Framework and Analysis

Why did the Philippines  fail to serve as the appropriate model of democracy in the region? What were the problems that the Philippines face as it democratized? What were these specific problems? What are possible recommendations for the Philippine democracy. In answering these questions, I will be using the framework derived from the above readings on democracy.

I will be using the arguments of Platner in his comparison of Jowitt and Fukuyama, the arguments of Thompson on the wave of democratiztion and the ASEAN experience and the arguments of Diamond on the paradoxes of democracy.

I think that Jowitt’s argument supports indirectly  the assumptions of Thompson in the sense that the member counties of ASEAN are not wholly convinced of the argument that democracy is the “end of history”. Evaluating the reasons given by Thompson, I will use the Philippines as a model to evaluate these reasons.  The first reason would be the Philippines' economic performance. According to Thompson, Philippines has not shown substantial development compared to its neighbors in the region. Philippine model has failed in showing that democracy yields economic development.  It still relies on foreign aid unlike some countries in the region which are less vulnerable to get help from other countries (e.g. Singapore, Malaysia, and Thailand). The second reason why ASEAN countries used to ease the pressure for democratizing is that they have adopted the forms but not the substance. Although, most ASEAN countries have used elections for putting people into power, civil liberties are still constrained and polls are still carefully restricted. The same is true in the Philippines especially during the time of Ferdinand Marcos who has used the term “constitutional authoritarianism.” Third is the multi-ethnic character of most of the ASEAN countries. Ethnic stability is seen as a fragile matter in ASEAN countries. Political oppeness is discouraged so as not to touch ethnic fundamental sensibilities.  Finally, several ASEAN nations have not responded to the calls for more democratization while accusing the West of hypocrisy. In the case of the Philippines, some are still doubting democracy primarily because of its Western origins.

As Thompson would summarize, the ASEAN experience is a complicated one. It questions the assumption that democratization should come first before development as seen in the case of Thailand and Singapore. This is also the aspect where the Philippines failed both within and without.  Unlike, Fukuyama’s end of history, the ASEAN as Thompson would argue is increasingly becoming a non-democratic club.

Taking off from the failure of the Philippines to be seen as model of democracy in the region, let us now tackle the problems of the Philippine democracy within using the framework of Diamond.  The first paradox that Diamond mentions is the paradox between conflict and concensus. The long history of the Philippines would show that its democracy has always been a conflict dominated one.   The part of compromise is neglected mainly because democracy is seen as a wide arena for public opinion.

Moving on to the next paradox which is a tension between representativeness and governability. Filipinos wants their interests aired through their representatives in congress. But following the principles of democracy, these politicians should also be able to adhere to the autonomy in order to rise above the rest and be objective in pursuing their plans. In the Philippines, however, both these requirements are not met. Politicians usually comes from a class that does not represent the people. This can be seen from the elite democracy that the country has. From the colonial up to the present time, elites continue to dominate the political arena.   Leaders become absorb to pursue their interests.

The third and last paradox is between consent and effectiveness. There is also a failure on Philippine democracy to strike a balance between the the two. The Filipinos have ousted two presidents because they want to practice their consent over government matters.  But if this consent is not balanced with giving the government a chance to administer, the Philippines would continue being economically stagnant.

Problems and Prospects of Philippine Democracy

From the analysis made above, I will now identify two most improtant problems that the Philippines face in its democratization. These are economic development and political culture. I will begin by discussing the first problem I have identfied which is economic development. As seen by our neighboring countries, Philippines logs in terms of economic development. The attachments of a poor economy are low literacy rate, more people living below poverty line, no access to information (especially if it costs much), more corruption, high crime rate and low participation. The above attachments are only some of the consequences of a poor economy. These causes both international and local dismay on democracy. Furthermore, this inhibits people to become aware and to participate. Economic development, on the other hand produces the opposites of the above but development should be accessed equally by the people.

The second issue or problem that should be addressed is the problem of political culture which is central to a democracy.  From this stems out several other issues of democracy. Examples are issues of accountability, issues of representation, issues of consolidation, issues of corruption, issues of weak institutions, and issues of responsiveness of the government. In terms of accountability, the Philippines faces a problem both on the culture of the candidates and the voters. The popularity mindset should be eliminated from the people and the candidate. Issues of weak institutions is also connected with the culture. The agents of these institution are also the people and the actions and decisions they make affects how institutions would perform.

In my point of view, these two challenges are interconnected. The Philippine democracy needs to experience economic development to fuel its transformation of its political culture towards a modern democracy. At this point, right education will play a key role in dismantling the traditional norms of the society. In addressing the economic development, I think that the governemnt should always strike a balance between the paradoxes of democracy and if this balance could not be obtained, at times cling to the one that would generate efficiency which would mean letting go of some basic principles of democracy. 


Professor Quilop made us write individual papers for finals in 5 hours. :)

Sagada: A Whole New World

My friends and I went to Sagada, Mt. Province, Philippines last year. We left Manila around 10pm, Friday. The trip was long and the road was winding. It took us 14 hours with about 6 stop overs to get to Sagada.  The sights were breath taking. 

We were in awe when we reached the Philippine Pali in Atok, Benguet, the highest point of the highway system. The sight was perfect. The mountains were grand covered with cold morning fog. It was so serene and peaceful to look at them. Benguet was really fabulous.


And so our journey continued...


Finally, we arrived at Sagada before lunchtime of Saturday and checked in. The weather was just perfect. The sun was kissing our skin but the temperature was cold. We had lunch at Salt and Pepper. Most of us ordered the rosemary chicken and beef tapa for the win. It was not a tremendous lunch but we definitely enjoyed making okray of the place. A meal in Sagada would cost you roughly P100 to P 200. It is not bad because the servings are huge and of course you have to pay for the ambiance and all.

In the afternoon, we headed to the Lumiang Burial Cave where some of the hanging coffins can be found. The way down was very, very steep. Most of us were not accustomed to too much exercise working in offices. Our efforts were not wasted. Alas! The hanging coffins were awesome!

A burial practice being done by the poeple of Sagada for 2000 years, the ritual involves hanging coffins of the departed so that they will be able to guard those whom they left behind.


Then we went spelunking at the Sumaguing cave! Thus far, this is the most extreme activity I have done in my whole life. Without any safety gears and proper attire, we descended underground to what seemed to me a never ending 100-120 degrees slope of three stages. The first one was relatively easy because light from outside the cave was still shining through our trail. The second stage was the slippery stage. Why was it slippery? Because of the dirt and urine of bats. Not only was it slippery, it was also stinky. Aw! For the final stage, you will have to pass a water tunnel which will take you to the other cave. (We were not brave enough for this one.) 


There was also a difficult portion where you had to climb up on a rock which was standing proud at 90 degrees. You have to make bwelo and then ran a bit faster so that you can grab a rock ( and to your own dear life) and then quickly climb up. One wrong move and you are definitely dead meat. I thought I was going to die.

The Kuya tour guide showed us seashells inside the cave which meant that in the past, the place was below seawater. Amazing!


In the evening, we had Java Chicken and the unforgettable yoghurt! Where else but at the Yoghurt House! Just a reminder, if you are aiming for quality dinner, make early reservations and come to the restaurant around 6-7pm. That way, you will be able to enjoy all the dishes of the resto. To top it all, we had a Sagada local kid serving us with her high pitched voice and rosy cheeks. Until now, we cannot get over her English accent. :)

The following morning we went to Kiltepan Rice Terraces to view the sunrise and do some jump shots! Immediately after, we went back to our inn. Some played pusoy while some went to the yoghurt house to get yoghurt! What else?

Just when we thought that we were done with extreme activities and near death experiences, we again descended towards the BIG Falls. Did you hear my BIG voice? It was trekking at its finest with wild grass, newly created path, and a downhill trail to the BIG Falls. And you already know what we saw down there. Pure awesomeness!

We dropped by the Sagada weaving to take a quick look at the Sagada weaved products? Oh my, am I redundant? The woman who was weaving while we were there was not very showbiz. She did not want us to take any pictures with her. Just the same, we were fascinated at how she puts detail, patience, and hard work in her craft. 

Then it was lunchtime again. We went to the well reviewed Masferre Restaurant.  The owner was the late Eduardo Masferre, father of Philippine photography, self-motivated documenter of this people's life ways. Imagine that. We were wide-eyed while we viewed his photo gallery in his restaurant. The menu in this restaurant is more of American food.

In the afternoon, we went to St. Mary's Episcopal Church and the Echo Valley where we saw another site of hanging coffins.  We shouted at the top of our lungs (What's going on?!) like what Tarzan does in the movies. I may not be able to justify by my words alone how spellbinding the place was. The museum in Sagada is also a must see! An old lady who was also a cancer patient survivor told us tales of the people of Sagada.

And then we went to the Sagada Pottery, an old ruined nipa house where we expressed how we missed of our friends who were not able to come with us!

When we got back to our inn, I had a bit of a movie marathon while others played you know what by now.  They have cable there you know. 


For dinner, we went to the Log Cabin. The place was  simply charmed. With a great facade and most especially a bewitched ambiance. Haaay...it was like being in a dreamlike dinner where all your  friends have been invited.

Before we finally got into bed, we went out to buy something for breakfast and pasalubong. At that moment we understood why most of the shirts read, "I survived Sagada." We definitely did. And of course, you already know what happened that night, pusoy dos battle continued.


We decided to leave Sagada earlier than planned. Instead of 7am departure, we got up at 430am. Now, that was not me. When going to Sagada, make sure that you bring an alarm clock friend to help you keep the time even when you played all night.


And so we left for Manila that morning, with heavy eyes, got fascinated by the cliffs and the mountains, etc, etc. We went picking strawberries in La Trinidad. Wait, did we? We bought all the jams and veggies we could buy because they were so cheap but definitely fresh!!! For 200 pesos only, you will be bringing home a sack of vegetables. Do not forget to buy your broccoli guys!

Then we had lunch at the Gerry's Grill at SM Baguio which zapped us back to Metro life! From Baguio to Manila, we enjoyed the scenery again and again. We dropped by a gasoline station and ate fishballs and kikiam just like when we were in high school.


There were many other great pictures and better words to describe Sagada. I tried giving you a good glimpse of it but I suggest you don't take my words for it and discover the place for yourself. 


My only prayer is that Sagada will be properly preserved and developed.


Sagada is really an exciting place to go. It takes any willing heart to a whole new world of culture, people and places. I very much enjoyed our foodtrips and sightseeing not to mention the extreme activities we did. If you are planning to go to Sagada, come with the best of your lots to make your visit a truly memorable one!


Note: Transportation (a private van), lodging, and tour would cost P3500 - P 4000 excluding food each for 10-12 persons.

Bring Back the Grandeur of Mesopotamia

One of the most apparent features of a Philippine issued passport is the mark, “Not valid for travel to Iraq.” It has been there for the longest time that it has become a distinct mark of the passport. But have you ever wondered why for the longest time, it has not been erased?

I am reminded of a Filipino soap opera of vampires and werewolves. The strongest vampire according to a prophecy will have a distinct mark and said vampire will have to kill the strongest werewolf in order to save his own kin. As the story turned out, the two fell in love with each other and together they now try to fight the prophecy contesting that the distinct mark of the vampire is non sequitur or it does not follow that a vampire is bad just because he has the mark.

Just like the protagonists in that soap, Iraq has also been marked as a dangerous place for the longest time now. It was placed in a realm that no one goes to and no one should go to. It was labeled as something “bad” and placed in a box and has been forgotten for the longest time when in fact, that place is not anymore what it used to be.

Remember the few days when Hong Kong banned the Philippines for travel? Did we not feel terrible about it? Our government chiefs even said that it would have great effect on our tourism industry. Imagine how the Iraqi people feel about the ban towards them. Like everyone in this world, they deserve a chance to recover from whatever setbacks they have suffered don’t they? To talk about Iraq before the war is moot and academic in a sense because damage has been done and lives have been lost. What is more relevant to talk about now is moving on. Institutions are being built, reforms are being introduced, and slowly but surely Iraq is heading to its bright future.

There are endless possibilities for a renewed Iraq-Philippines relation. I heard that the Iraqi government is exerting effort meeting their counterparts in the Philippines on housing and construction, trade and investment, banking and finance, budget and management, science and technology, education, energy and electricity, communication and transportation, labor, agriculture, health, and environment.

When was the last time our government seriously considered lifting this ban from Iraq? Did they even found out if Iraq was up to now an unsafe place? I bet the rest of the world can discover a culture so rich and a people so unique.

Iraq is the home of some of the oldest civilizations such as Mesopotamia in the world. It was the location of the famous Babilon City. Imagine that. I believe that it is time to bring back the grandeur of Iraq and erase the murky image of the war torned and conflict ridden country we have of it.

Insensitivity

Anyone who tries to use any public utility vehicle coupled with the roads and streets in Manila (in short, transportation system) will say that it is simply torture except maybe for the railway station from Santolan to Recto. Sad to say, it is almost every day. Add to the equation the polluted air in Metro Manila. So before anyone can reach his destination, he must go through this ordeal. But it seems to me that more than the road, streets, poorly engineered public vehicles, what adds up to the wild jungle of commuting is the insensitivity of people to the needs of others.

Try taking a cab, you might end up with a grumpy taxi driver or a suicidal one who seems to want to end up his life by barraging his vehicle and speeding up recklessly or swerving instantly, etc, etc and you want to tell him, “Manong, huwag mo na ako idamay.” Private motorist would also complain of traffic jams and jeepneys and buses loading and unloading in the wrong places.

Meanwhile, in the jeepneys, it is like you got into a blender. Passengers are shook up and rumbled while the driver is playing a loud English translated to Filipino rap music that honestly you do not want to hear early in the morning. I do not know if it is a strategy to discriminate the introvert or silent types because you will have to roar loudly like a tiger for “Para!” or for “Manong, sukli ko po?!!!” The driver takes full stop and everybody gets thrown to the front of the jeepneys. It rarely happens though because usually passengers only get squeezed in that can. It is funny but come on.

If you try to take the bus, you have to be ready for it and I mean, emotionally and physically. If you are unlucky, the bus will stop in the middle of the street or avenue. You have to be fast to catch that bus and your life. It is the same thing when you are already alighting. I think that this is done to facilitate a continuous movement of the bus and to avoid any apprehensions from law enforcement officers (which is another story). At any rate, you have to be swift like a deer. It is a jungle out there.

Last year when I went to Singapore I saw the giant humungous difference. The whole place is interconnected with a light railway transit. The buses stop where they are supposed to stop. Taxi drivers are professional but during certain hours they charge higher but heck at least you don’t get tortured. Those who have been to Europe and the United States will have the same observation (and that is a common statement to make). It was a Holy Week when I came home and the taxi driver did not even help me with my luggage. Isn’t it perfect?

Hey, this is not only about drivers. There are also some passengers who are insensitive. Sometimes you see passengers turning a deaf ear so that he does not have to pass the fare of his jeepmate. The methods are creative ranging from that to pretending to sleep in an FX. All for the sake of saving oneself of the hassle of passing the other’s fare. Ingenious!

This may be amusing but when this becomes road accidents and someone dies or gets hurt, it isn’t. However, the truth is every commuter gets a little bit injured or tortured in this every day process. Certain conclusions can be gleaned from all of these (but surely there are many others). First, I understand that Filipinos are hardworking but sometimes we can be so insensitive. The funny thing is that if you put that same driver in some place other than this country to drive, he will behave differently. It is not only once that we get to hear of Filipinos being applauded for professionalism abroad. Why can’t we do the same in our own country, for our own fellowmen? Second, the streets, the roads, the avenue or whatever the case may be gives us a good start or a bad end for our day. It determines one’s mood or one’s physical appearance when he arrives at the office or the school. It is a very important aspect of everyday life. But roads do not wiggle or swerve, don’t they? It is human factor. We do not have the best roads in the world but we can make it our system, a little bit better by improving that human factor. To some extent, some of the difficulties of life in the Philippines (particularly in the transportation system) can be addressed by a little bit of sensitivity to others.