Under Rule 128, even substantial errors in the Civil Register can be corrected and true facts

established provided the party aggrieved by the error avails of the appropriate adversary
proceeding. Kasi dito the lower court dismissed the petition of _____(30.05) because of
procedural grounds.

There was a comparison between 176 of the Family Code… before it’s amended… kasi
illegitimate children shall use the surname and under the parental authority of the mother.
Pero 9255, ang nakalagay na dun, shall use the surname and under the parental authority of
the mother but they also have the right to use the surname of their father if their filiation has
been expressly recognized by their father through their record of birth
___________________(30.40) instrument is made by their father. Pag sinabi mo bang
illegitimate child ka, are you compelled to really use the surname of your father if
acknowledged ka? Remember, 176 of the Family Code, as amended by RA 9255, uses the word
“may”. Illegitimate children may use the surname of their father. So hindi porke’t
acknowledged illegitimate child ka, you will be compelled to use the surname of your
illegitimate father.

You also read the IRR, Rule 8 of the implementing rules and regulations of RA 9255. So, as a
rule, an illegitimate child na hindi acknowledged ng tatay, so you have to use the surname of
the surname of the mother. An illegitimate child acknowledged by the father shall use the
surname of the mother if wala kang AUSF, Affidavit of the Use of Surname of the Father.
Illegitimate child ka na 0-6 years old, tapos acknowledged by the father, shall use the surname
of the father if the mother or guardian executes the AUSF. Then, 7-17 years old ka,
acknowledged ka by your father, shall use the surname of the father, lalo na if the father
executes the AUSF. And when you reach 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 the
need of an attestation. So in this case, the discretion on the part of the illegitimate child is
conditional on proof of compliance of RA 9255 and its IRR, so the discretion is on the part of the
illegitimate child. The illegitimate father cannot also impose it on the child, “Anak kita, gamitin
mo apelyido ko”, no you cannot impose, because the discretion is given to the child

So there are several cases. Calima vs Heirs of Macabas: the declaration of either parent of the
newborn legitimate child shall be sufficient for the registration of his birth in the civil register
and only the registration of birth of an illegitimate child does the law require that the birth
certificate shall be signed and sworn to jointly by the parents of the infant or only by the
mother if the father refuses to acknowledge the child.

Pano kung sinulat mo yung pangalan ng illegitimate father, pero hindi alam ng father na nilagay
mo ang pangalan niya doon? Can the child use the surname of the father? Nakalagay lang doon
sa box “Miguel Arroyo” tapos hindi pala alam ni Miguel Arroyo tapos ______(34.09) mayaman
si Miguel. Remember, the birth certificate was prepared without the knowledge and consent of
the father and sa likod mismo ng birth certificate, nandun ang AUSF… so hindi mo pwede iyong
gamitin as primary proof of filiation kasi walang participation ang tatay.
Case of Gan vs Republic GR 207147 , this is also a very new case, 2016 case, on the change of
name. Remember, change of name is only a matter of privilege, it’s not a right, so dapat you
have a proper and reasonable cause before you may be authorized to change your name. Will
the court grant your petition? That’s discretionary upon the court. Sabi ng Supreme Court in
this case, that the reason cited by the petitioner in support of her petition for change of name,
that she has been using is Emelita Basilio Gan, is not sufficient or proper justification to allow
her petition. When the petitioner was born in 1956, prior to the enactment and effectivity of
the Family Code, ang effective pa na law is ang Civil Code. So according to the Civil Code, under
Article 366 and 368 na ang natural child acknowledged by both parents shall principally use the
surname of the father. Pag only isa lang sa parents, then only the recognizing parent. Tapos 368
of the Civil Code: illegitimate children shall bear the surname of the mother, ang petition kasi ni
Emelita: she merely stated that she was born out of wedlock, hindi niya sinabi na ang kanyang
parents, at the time of her birth, are not disqualified by any impediment to marriage, which
would make her a natural child pursuant to Article 269 of the Civil Code