REVISED 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 No. 209, Otherwise Known as the "Family Code of the Philippines")
As mandated by Republic Act No. 10625, the Civil Registrar General promulgates the Revised Implementing Rules and Regulations of Republic Act No. 9255 based on the Supreme Court Ruling in the case of "Grande vs . Antonio ", G.R. 206248 dated February 18, 2014.
Rule 1. CoverageThis Revised Implementing Rules and Regulations shall apply to all illegitimate children born during the effectivity of R.A. No. 9255 ;
Rule 2. Definition of Terms As used in this Revised Implementing Rules and Regulations , the following terms shall mean:2.1 Public Document refers to the Affidavit of Admission of Paternity and other public documents enumerated under Memorandum Circular 04-12 dated October 18, 2004 attached as Annex A.
2.2 Private Handwritten Instrument is an instrument in the handwriting of the father and duly signed by him where he expressly recognizes the paternity of the child during his life.time.
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.
2.4 Local Civil Registry Office (LCRO) is a department in the city or municipal government mandated to perform civil registration functions .
2.5 Philippine Foreign Service Post (PFSP) refers to all Philippine embassies , missions , consulates general and other foreign service establishments maintained by the Department of Foreign Affairs
(Section 5[k] of Republic Act No. 7157 (An Act Revising Republic Act No. 708, as amended).As used in this Revised Implementing Rules and Regulations, the PFSP shall refer only to Embassies and Consulates General of the Philippines abroad. The Embassy is headed by an Ambassador while the Consulate General is headed by a Consul General. The Ambassador is the head of the PFSP while a Consulate General is headed by the Consul General who has also Consul and/or Vice Consul to assist him in the performance of the consular functions. An Embassy has a Consular Section and this is under the Consul General who supervises the consular functions of the Embassy.
2.6 The Civil Registrar General (CRG) is the head of the Philippine Statistics Authority who has the power to issue orders and instructions to the Local Civil Registrars regarding the performance of their duties.
2.7 Guardian refers to a person lawfully invested with the power, and charged with the duty, of taking care of one who, for defect of age, understanding, or self control , is considered incapable of administering his own affairs . The term "guardian " also refers to those authorized to exercise substitute parental authority over the child in default of parents or a judicially-appointed guardian (Title IX, Family Code). Those exercising substitute parental authority are the following :
1) The surviving grandparent, as provided in Article 214, Family Code of the Philippines;2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2), Family Code; and
3) The child's actual custodian , over 21 years of age , unless unfit or disqualified , as provided in Article 216(3), Family Code of the Philippines.
2.8 Certificate of Live Birth (COLB) or Municipal Form No. 102 is the prescribed form used for the declaration of facts and circumstances surrounding the birth of a person for purposes of registration.
2.9 Report of Birth (ROB) is the prescribed form used for the declaration of facts and circumstances surrounding the birth of a person born abroad to Filipino parentis for purposes of registration .