LEGAL matters for SINGLE parents

[rudy_arete]

Hi everyone!

I've encountered a series of legal queries in line with cases of single parenthood. I'm not yet a lawyer but I've gone through some legal proceedings myself and I'm a hell of a researcher. It’s my profession anyway. If you have any question regarding child custody, adoption, legitimation, change of name, birth certificate, child support, or any other related topic, please post it here.

I am hoping we could help each other. I’ll do my best to provide some guidelines myself based on comments and experiences of lawyers who are kind enough to give us their time. Free of charge. :bop:

[rudy_arete]

kelan ko lang nalaman....

regardless of whether the child carries his biological father's surname or not... when the mom marries (or again) and kunyari, whoever she marries is generous and loving enough to adopt her child to give the child his name din, the biological mother also has to adopt her own child...

pwede rin naman ngang hindi...

but see, if the mother/couple doesn't/don't... the child will get half lang of what his half-siblings born within the marriage will get

my BIL kasi is trying to come up with the P70k to adopt the child of his girlfriend (though ang pinaka-problem nila is having the biological dad give up his rights)

my hubby's colleague naman told us na yun nga, part of the proceedings will involve her having to 'adopt' her own child

that's why Sharon and Kiko Pangilinan adopted KC... if not, KC would get half lang, and Sharon said in an interview that she'd die naman if KC would be treated worse than her other siblings when they're all her children naman...

I've undergone the process of adoption kaya kahit single father, nakuha ko custody daughter ko.. yup, ganoon po talaga.. because technically, pag ipinanganak ang bata outside of wedlock.. illigitimate ang status nya.. and under the law, kalahati lang ang pwedeng manahin ng isang illigitimate compared sa mga anak na legitimate... The process of adoption is the only way to uplift the status of the child from illigitimate to legitimate.. Dun naman sa mga biological parents na nagkatuluyan pa rin and eventually nagdesisyon magpakasal na rin, kelangan pa din idaan sa process of ligitimation ang anak nila after magpakasal. With regards dun sa aspect na "..though ang pinaka-problem nila is having the biological dad give up his rights.." may iba pa namang paraan kahit ayaw nung father na igive up ang rights nya.. there are a lot of reasons you can use para magdecide ang court to grant the adoption kahit walang consent ng biological father.. reasons such as:

1) Mas makakabuti sa bata na lumaki sa isang stable family environment
2) Makakabuti sa bata na maitaas ang status nya from illigitimate to legitimate child
3) Masamang tao or pabaya ang biological father nya
4) Inabandon na sya ng biological father nya

[rudy_arete]

rudy mind giving a ballpark figure of how much it would cost to adopt your own child? Tsaka ang detailed process kung maari. It would really be great info.

:heartgrl:

If you do decide to adopt your child, approximately po ay ang mga ito ang kelangan gastusan:

Professional/Lawyer’s Fees:
Acceptance Fee - 40,000
Appearance (x5) - 10,500
Conference (x3) - 4,500

Out of Pocket Expenses:
Court Filing Fees - 3,000
Publication Fees - 10,000
Misc. Expenses - 10,000

TOTAL = 78,000

(*Plus “Additional” expenses)

The services included dun sa Lawyer’s Acceptance Fee are to: gather all pertinent information, prepare and file all the necessary pleadings, litigate the petition until it is submitted for decision, give you relevant legal advice, and provide you timely updates.

The appearance fee is around 2,500 per hearing kung based sa Manila ang lawyer mo and dito rin sa Manila nakafile ang petition for adoption. So pwede sya tumaas pag nasa Manila ang Lawyer mo and outside Manila ang hearings. It could go as high as 4,000 to 5,000 per hearing.

Conference Fee ay para dun sa pagkikita nyo ng lawyer mo para pag usapan case mo. Bale you will be paying for his/her time. So kung kaibigan mo lawyer, baka pwede na discount to.

Pulication Fees would depend sa kung saang newspaper ipupublish ang petition. Normally po ay sa mga local provincial newspaper lang naman ito ipinapublish. Court requirement kasi na kelangan daw ipaalam sa public na ikaw ay may iaadopt na bata. Para kung sino daw ang may objection ay kelangan mag appear sa court. Ok na yung 10,000 pero minsan mas mahal pa pag napa assign ka sa pasosyal na newspaper.

Miscellaneous Expenses include facilitation, representation, transportation, courier, postage, notarization charges, photocopying, messengerial and other incidental expenses.

Yung “additional” expenses include personal mo gastos sa pag asiskaso ng case, “representation” expense pag kausap mo staff ng RTC, “per-diem” ng iba’t – ibang tao na makakausap mo na involved sa pag process ng case. Depende na po kung pano mo ibubudget. Conservatively, sabihin na nating roughly additional 40,000

In general syempre mas madali kung malalim bulsa mo and medyo may pang gastos ka talaga. But for those na medyo under budget but would want to settle the case for the child’s sake, I would advise you to get a good and kind lawyer. Good, dahil mataas naman ang probability na maipanalo nya ang case (based on his/her past family cases), Kind, dahil he/she will consider na di mo kaya magwaldas ng pera basta basta. Be honest with your lawyer. Meron naman dyan na di ka talaga tatagain and will find a way na medyo makatipid ka.

PROCESS:

I. Preparation/Documentation
At this stage, you’ll prepare all the needed documents. Pag-uusapan nyo ng lawyer everything na nangyari, nangyayari, pwede mangyari and kung ano gusto mo mangyari. Isasalaysay kasi sa petition mo kung bakit mo gusto iaddopt ang anak mo and kung ano mga grounds mo. Parang answer the essay question: “Why do you think the court should grant your petition for adoption?”

Discuss first on how will you go on with the case. Are you going to file the petition on the assumption na mag oobject ang biological father? If this is the case, you’ll need to gather physical evidences or witnesses to prove yung mga claims mo. (ex. witnesses na pabaya ang father, medical cert. Nung binugbog ang mother, walang trabaho ang father, maraming ibang babae, at lahat na ng bagay na di magandang magisnan ng bata)

If acknowledged ang bata nung biological father, mas maganda ang chance mo for the petition to be granted if you can get the biological father’s consent. Medyo mahirap ito dahil nakasaad sa consent na inaamin nya na mas makakabuti sa bata na sya ay iadopt na ng mother, pumapayag sya na iadopt na ng mother ang bata at isinusuko na nya ang lahat ng karapatan bilang isang ama.

Documentary requirements for case filing
1. Birth Certificate of the Child
2. Your Birth Certificate
3. Affidavit of Consent of the father*


II. Case Filing, Publication
The case will be filed by your lawyer kung saang court nyo napili ng lawyer mo (normally kung saang munisipyo or province ang base ng minor) Here, consider kung saan comfortable sa inyo ng lawyer mo. Maaaring madami kang kakilala sa RTC na pipilin mo. It helps kasi if you know a lot of staff, judges, or fiscals kung saan nakafile ang case mo. Normally kasi, pinag uusapan nila ang cases. So be carefull if it’s the other way around wherein yung kalaban mo ang madami kakilala sa RTC.

Your petition will be raffled kung sinong judge ang hahawak ng case. Dapat magaling ang lawyer mo to know kung ano klase judge naassign sa inyo. Mataray ba, mausisa ba, istrikto ba. Anticipate everything na pwede hingin ng judge.

Then your petition will be published sa local newspaper. Swerte ka kung informative lang yung ilalagay ng clerk of court wherein babanggitin lang pangalan mo, pangalan nung minor, and a declaration na inaadopt mo anak mo. Minsan kasi, they would publish everything na sinulat mo sa petition, including yung mga nakakalungkot na pangyayari kung bakit mo kailangan iadopt ang bata.


III. Home Study
After na mafile nyo ang petition for adoption, the clerk of court will inform the DSWD that they have to conduct a Home study and a Child Study for your case. There are instances na nagtatagal ang case dahil hindi agad nakakapag assign ang DSWD ng social worker who will conduct the study. But usually, the office of the clerk of court has a resident social worker. So ask your lawyer kung pwede nya pakiusapan ang judge at ang clerk of court to order its resident social worker to conduct the study para mapabilis.

During the home study, the social worker will research everything about you and the child’s father. Magiimbistiga sya sa mga kapitbahay nyo, sa trabaho at sa mga character references na ibibigay mo. You and the biological father will be interviewd and evaluated as well. So during the entire process of the home study, ituring mo nang santo ang social worker na mag eevaluate ng case mo. Treat her as if she’s the most important person in your life pag kasama mo sya. But syempre, be honest, it helps kung magiging kaibigan ka ng social worker dahil makikita naman nya na ikaw ay isang mabuting tao at wala kang hangad kundi mapabuti ang anak mo.

Documentary Requirements prior to home study (and after case filing)
1. Close up picture of you and the baby together
2. Picture of your home
3. Your latest Income Tax Return and other proof of financial capacity
4. Medical clearance issued by a duly licensed government physician showing that you are physically capable of caring for the child
5. Your NBI, Police and Court clearances
6. Affidavits of 3 disinterested persons attesting to your good moral character

Please note that the court or the Social Worker may require additional documents, depending on their evaluation of the above documents


IV. Litigation
There will be a case hearings. Super swerte ka pag maikli ang pagitan ng schedule ng mga hearings mo. (so choose din where to file the case, sa provice kasi mas konti ang cases per RTC branch compared sa Manila).

The judge will hear the merits of your petition. Your lawyer will present the evidences. Tatayo ka sa witness stand. Tatawagin din ang social worker sa witness stand at ipapaliwanag nya ang kanyang report. Madali kapag may consent nga ng biological father dahil maaaring hindi na sya ipatawag ng Judge. Masalimuot kapag nag object ang father dahil nga magsasagutan kayo sa korte. Dun mo na kelangan ilabas mga evidence mo on why you think he is a bad father.

This is the longest part so be prepared for everything. Stressful ang stage na to but continue praying and always anticipate kung ano pwede gawin nung biological father. Be careful din not to give him any reason na magagamit nya against you habang di pa tapos ang mga hearings. (ex. Magkasakit ang bata, maaksidente, maghiwalay kayo ng stepfather ng bata, etc.etc.)

V. Decision
Syempre, kung favorable ang result eh this is the best part. Your lawyer should advise you kung kelan dapat magpakain ka sa staff nung RTC branch para naman sipagin sila na asikasuhin yung papers mo. Kaibiganin mo na lahat ng pwede kaibiganin. Padala ng load kung wala sila telepono sa office. Etc. etc. Di mo naman kailangan suhulan but make them feel na you’ll appreciate it kung aasikasuhin na nila papers mo.

If lumabas na ang favorable decision wherein your petion for adoption is granted, Syempre magpa thanksgiving mass ka na. At wag na wag mo ko kalimutan ilibre. But you’ll need to wait for 15 days para makapag issue ang clerk of court ng certificate of finality. Paglabas kasi ng decision, the other party is given 15 days to file an appeal. Kung walang appeal, thanks giving mass ulit. And mas malaking salo salo na ito. Kung may appeal, syempre, dagdag sakit ng ulo and gastos sa lawyer.

VI. New Birth Certificate
If the certificate of finality is granted, you’ll need to process the issuance of the minor’s new Birth Certificate. He/she is now your legitimate child.


Final comments: during the entire process, from start to finish, try to be on top of everything. Your lawyer is there to handle the legal aspect of things but be sure to discuss your ideas with him/her. Based on my experience, it was helpful na updated and aware ako sa mga legalities because ikaw din naman kasi nakakakilala sa other biological parent nung bata. Meaning, you can decide better kung ano strategy dapat gawin since alam mo kung ano pwede gawin nung kabila or kung hangang saan lang sya.

Medyo napahaba. Sana po ay nakatulong ako.

[sweetwahm]

Aray ko naman sa expenses! :bop: Wait... that's 10,500 x 5 and 4,500 x 3? :eek:

Thanks for the details rudy! That Q was for my sister actually, since she's was [previously] a single mom. She's married now and although she and her husband have been talking about him adopting her daughter, no concrete moves have been made yet. Siguro overwhelmed lang sa kung saan dapat mag-umpisa. Tapos kelan lang nalaman na my sister has to adopt her own daughter as well pa pala.

Here's her situation though: She's married; her hubby wants to adopt her child. The father of the child is a no-show, although he can be located if needed. Do you think the biological father needs to give his "consent" as well? I'm thinking kung ganon, di medyo mahihirapan sister ko... palagay ko the guy will make things difficult for her. The biological dad doesn't appear on the birth cert, by the way.

[rudy_arete]

Aray ko naman sa expenses! :bop: Wait... that's 10,500 x 5 and 4,500 x 3? :eek:

Thanks for the details rudy! That Q was for my sister actually, since she's was [previously] a single mom. She's married now and although she and her husband have been talking about him adopting her daughter, no concrete moves have been made yet. Siguro overwhelmed lang sa kung saan dapat mag-umpisa. Tapos kelan lang nalaman na my sister has to adopt her own daughter as well pa pala.

Here's her situation though: She's married; her hubby wants to adopt her child. The father of the child is a no-show, although he can be located if needed. Do you think the biological father needs to give his "consent" as well? I'm thinking kung ganon, di medyo mahihirapan sister ko... palagay ko the guy will make things difficult for her. The biological dad doesn't appear on the birth cert, by the way.


no dear, that's 10,500 fee for five court appearances of the laywer, bale around 2,100 per appearance. But like what i've explained, pwede po ito magbago depende sa lawyer na nakuha nyo, sa layo kung saan kayo nag file ng petition for adoption and kung ilang beses talaga kelangan magpunta ng lawyer sa court to represent you. Ganun din po sa conference fee.

Yup, medyo masakit po sa budget kung hindi naman ganun kalalim bulsa mo. But syempre, future naman ng bata ang involved, it's gonna be worth the cost and trouble. Tsaka kung meron naman kayo lawyer friend, baka malaki bigay na discount sa acceptance fee.

If the biological father's name of the child doesn't appear on the child's birth certificate it means hindi acknowledged ang bata so dapat po ay N.A. ang nakalagay sa boxes for father's info sa birth certificate nung child. Tsaka surname ng mother ang ginagamit ng bata and wala sya middle name. In this case, I don't think you will need the father's consent since hindi naman nga nya acknowledged na anak nya yung child. The process should be easier. But to be sure, I'll confirm po sa mga lawyer consultant natin. :)

I would advise, if your sister and his husband do really intend to adopt your pamangkin, they should do it this early na para habang bata pa, macorrect na yung name na ginagamit ng bata. I mean the last stage po kasi nung adoption is to change the name of the child sa birth certificate. The child will then be legitimate and will use his/her stepdad's surname. So kesa naman dumami pa ang kelangan icorrect na papers after the adoption. (school records, passport, ID's, declaration of dependents, etc.)

[rudy_arete]

Hi rudy, mukahng marami kang alam ha. sige how about yung case ko I have been single mom twice and never married. Now, my question is, can my children get some support from their fathers even though we havent heard of them for a long time? I know where they live but I waited for them to volunteer to support their children to me but they seemed to have abandoned their obligations. Should I take this to legal action? should I waste my time para lang makakuha kaong financial support from them? payo naman o.

Nagbabasa lang po ako and constant consultation sa mga lawyers regarding my case. Anyway, about your case, definitely you or your children have the legal right to ask for support. Kung kasal po kayo nung biological father, the guy is obligated to support you and your children. Kung hindi naman po kayo kasal, the father is still required by law to support your children.

Since nabanggit mo naman po na you've already tried to communicate with the father and di ka naman pinansin, and you really want to demand support, you should take legal action. And like how it is described in the guidelines posted here by fellow pexters, you should find a good lawyer na tutulong sayo to send the demand letters and the petition for the request of support. If you can't afford to pay a laywer, meron naman po free legal assistance sa Public Attorney's Office sa lugar nyo. If you are qualified, you can avail of their services.

Other things to consider is yung acknowledgement nung mga anak mo. If their father signed at the back of their brith certificate, mas madali po to file the petition for support. But kung hindi po sya nakapirma and mag deny sya na sya ang tatay, pwede ka pa rin mag file ng petitoin but you will need to prove first that he is the father of your children.

[jiju_e]

Hi. Is this thread still alive? I have a question though. Can you file a kidnapping charge against the father of your child if he borrowed your kid and would not return the kid to you?

[rudy_arete]

Yes, the thread is alive and kicking… :)

With regards to your question, the basic rule is that: YES, the father can be charged with kidnapping if he did not return the Minor to the mother who has the legal custody of the child. Meaning, the primary consideration is that the mother should have the SOLE custody of the child.

Custody of a minor now depends on the following:

1)Are the parents of the minor married? If married, what is the status of their separation? (Legal separation, annulled?)

If the parents are married, and have not yet filed for legal separation or annulment, both parents still share custody of the minor children. But if the father suddenly had the urge to keep the children to himself, the mother can compel the father to return the child by filing a petition for Habeas Corpus. This is the fastest way to force the father to bring out the child since this is immediately executory. But the petition for custody should follow.

If parents are already legally separated or annulled, the court’s decision on the separation normally comes with the decision on child custody. Normally, the mother is awarded custody especially when children are below 7 yrs old but rules also say that the court will NOT grant custody to the offending parent. (Kung naghiwalay dahil may kabit ang father, custody is given to the mother. Kung established na mother ang may kabit or proven na pabaya ang mother, custody goes to the father)


2)If the parents were not married, the father may have visitation rights but mother should have custody since father doesn’t have parental authority. He can be charged with kidnapping for hiding the child from the mother. Unless otherwise the court granted the custody to the biological father based on serious reasons. Like in my case, since I was awarded custody of my daughter through adoption, I can now charge the mother of kidnapping if she suddenly decides to retake our child against my will. The adoption process severs the connection between the child and the biological parent who gave up the child for adoption.

[sweetwahm]

wow rudy, you really know this legal stuff. great research skills you got there. you oughta be a lawyer :glee:

anyway, thanks for that info. i relayed it to my sis and they will discuss it in detail. her daughter is school age already and in grade school. i for one am hoping na sana kumilos na sila dahil lumalaki na ang bata. hindi naman sa hindi gusto ng guy i-adopt ang stepdaughter nya, in fact sya pa nga ang nag open nito, pero may pagka slow din kasi eh. :) ganyan lang talaga sya -- pati na rin sis ko! -- medyo they tend to put off things.

rough estimate - how long does the process take, from filing right up to final adoption approval, and of course change of child's last name on all legal documents. i can only imagine the paperwork. :wow2:

oh yeah... kulit na rin ako ng konti ha? From your lawyer friends, have you asked if the biological father still needs to give consent to the adoption? Like you, I have this feeling na hindi na kasi hindi naman nakalagay sa birth cert ang tatay eh. And I am hoping this is true. Pagnagkakaton kasi na kelangan ang consent nya or whatever, he will definitely NOT give it just to spite her. Or at least he will make things very, very difficult for my sis.

[attyatlast]

Yes, the thread is alive and kicking… :)

With regards to your question, the basic rule is that: YES, the father can be charged with kidnapping if he did not return the Minor to the mother who has the legal custody of the child. Meaning, the primary consideration is that the mother should have the SOLE custody of the child.

Custody of a minor now depends on the following:

1)Are the parents of the minor married? If married, what is the status of their separation? (Legal separation, annulled?)

If the parents are married, and have not yet filed for legal separation or annulment, both parents still share custody of the minor children. But if the father suddenly had the urge to keep the children to himself, the mother can compel the father to return the child by filing a petition for Habeas Corpus. This is the fastest way to force the father to bring out the child since this is immediately executory. But the petition for custody should follow.

If parents are already legally separated or annulled, the court’s decision on the separation normally comes with the decision on child custody. Normally, the mother is awarded custody especially when children are below 7 yrs old but rules also say that the court will NOT grant custody to the offending parent. (Kung naghiwalay dahil may kabit ang father, custody is given to the mother. Kung established na mother ang may kabit or proven na pabaya ang mother, custody goes to the father)


2)If the parents were not married, the father may have visitation rights but mother should have custody since father doesn’t have parental authority. He can be charged with kidnapping for hiding the child from the mother. Unless otherwise the court granted the custody to the biological father based on serious reasons. Like in my case, since I was awarded custody of my daughter through adoption, I can now charge the mother of kidnapping if she suddenly decides to retake our child against my will. The adoption process severs the connection between the child and the biological parent who gave up the child for adoption.


But see Article 211 of the Family Code which provides that, " The Father and Mother shall jointly excercise parental authority over the persons of their common children. In case of dis agreement, the father's decision prevails, unless there is a judicial order to the contrary.

In this proviso, the law never distinguish as to whether the child is legit or illegit.... Of course, it depends on how you present your argument!!! Nothing is clear cut in legal process....There will always be a gray area...You just need to exploit it!!!

[rudy_arete]

wow rudy, you really know this legal stuff. great research skills you got there. you oughta be a lawyer :glee:

anyway, thanks for that info. i relayed it to my sis and they will discuss it in detail. her daughter is school age already and in grade school. i for one am hoping na sana kumilos na sila dahil lumalaki na ang bata. hindi naman sa hindi gusto ng guy i-adopt ang stepdaughter nya, in fact sya pa nga ang nag open nito, pero may pagka slow din kasi eh. :) ganyan lang talaga sya -- pati na rin sis ko! -- medyo they tend to put off things.

rough estimate - how long does the process take, from filing right up to final adoption approval, and of course change of child's last name on all legal documents. i can only imagine the paperwork. :wow2:

oh yeah... kulit na rin ako ng konti ha? From your lawyer friends, have you asked if the biological father still needs to give consent to the adoption? Like you, I have this feeling na hindi na kasi hindi naman nakalagay sa birth cert ang tatay eh. And I am hoping this is true. Pagnagkakaton kasi na kelangan ang consent nya or whatever, he will definitely NOT give it just to spite her. Or at least he will make things very, very difficult for my sis.


Thanks dear, I’m just trying to help. Sayang naman kasi yung mga nadiscuss namin nung lawyer ko when we did my case. Mahal ang bayad eh.. ;) kaya share ko na rin.. Pero mas maganda nga sana if we have lawyers here who could give us their advise. Isusunod ko na ang law, :bop: tapusin ko muna itong phd.

I’ve posted the rough estimates nung adoption costs sa taas (3rd entry). Pakitingnan na lang po. Andun na rin yung litany nung actual process na dinaanan ko. As I’ve mentioned, the duration will depend on several factors like kung saan nyo file yung petition and kung kanino judge maaasign ang case nyo. But put it roughly at one year. Medyo ok na po yung one year from filing to finish.

Don’t be intimidated by the required paperwork. Your lawyer naman is supposed to handle those. With regards to the consent, ang nasa rules po kasi is that the consent of the other biological parent is necessary if the biological parent's whereabouts is known. So it is implied that hindi kailangan ng consent nya since hindi nga inacknowledge in the first place (or sinong ama ang hahanapin eh wala nga kinikilalang ama ang bata).

If your sis and her husband do have the plans to adopt your niece, encourage her to do so para magamit na nung bata yung new surname nya sa lahat ng legal papers.

[rudy_arete]

But see Article 211 of the Family Code which provides that, " The Father and Mother shall jointly excercise parental authority over the persons of their common children. In case of dis agreement, the father's decision prevails, unless there is a judicial order to the contrary.

In this proviso, the law never distinguish as to whether the child is legit or illegit.... Of course, it depends on how you present your argument!!! Nothing is clear cut in legal process....There will always be a gray area...You just need to exploit it!!!

Thank you Attorney At Last for your comment. Yes, you are right that there are a lot gray areas in our judicial process. Kaya nga nakakabigat ng pakiramdam to know parents who are deprived of their rights just because they are unaware of the law and they can’t afford to pay the services of a good lawyer. And for those naman who can afford, they do know nga how to exploit such gray areas. Result is an expensive and painful court litigation for both parties and ultimately the children.

I have seen Article 211 of the Family Code when I was reviewing about my case before. And as discussed by my lawyer, the presumption of joint parental authority enunciated by Article 211 is that the husband the wife are married and are living together.

While it is true that the law did not distinguish under said article whether the child is legitimate or illegitimate, said article should be reconciled with Article 176 of the same Family Code, which says that “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.”

Art 211 is thus the general rule while Art 176 is one among the exceptions granted by law where one spouse may be granted sole parental authority over a child

This is so far what we know, please do inform us if there is a new jurisprudence which I may need to read.

[jiju_e]

thank you for the reply re kidnapping =)

another question, what if the biological father acknowledged the kid in the birth certificate but failed to give out financial, moral and physical support to the kid, can I request or file a new birth certificate minus his name? Thanks.

[attyatlast]

Thank you Attorney At Last for your comment. Yes, you are right that there are a lot gray areas in our judicial process. Kaya nga nakakabigat ng pakiramdam to know parents who are deprived of their rights just because they are unaware of the law and they can’t afford to pay the services of a good lawyer. And for those naman who can afford, they do know nga how to exploit such gray areas. Result is an expensive and painful court litigation for both parties and ultimately the children.

I have seen Article 211 of the Family Code when I was reviewing about my case before. And as discussed by my lawyer, the presumption of joint parental authority enunciated by Article 211 is that the husband the wife are married and are living together.

While it is true that the law did not distinguish under said article whether the child is legitimate or illegitimate, said article should be reconciled with Article 176 of the same Family Code, which says that “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.”

Art 211 is thus the general rule while Art 176 is one among the exceptions granted by law where one spouse may be granted sole parental authority over a child

This is so far what we know, please do inform us if there is a new jurisprudence which I may need to read.

Article 176 did not include the word "exclusively" in its phraseology. If the legislative intent really goes for exclusive parental authority to the mother then the legislator should have placed the word "exclusively" immediately preceeding the phrase "under the parental authority of the mother"...I suggest you read the book of Prof. Mel Sta. Maria of the Ateneo Law School as an addition to your research materials..It is called Persons and Family Relations Book....This is the bible of students of Persons and Family Law in every law school...Sir Mel ...Libreng advertisement to ah!!!hehehehe

[rudy_arete]

thank you for the reply re kidnapping =)

another question, what if the biological father acknowledged the kid in the birth certificate but failed to give out financial, moral and physical support to the kid, can I request or file a new birth certificate minus his name? Thanks.


If the biological father did fail to provide finanical support, why not force him to do so. You would be fighting for your child's right naman eh.. The process was extensively discussed by one of our dear PEXter in the single parents' thread. For easier reference, i'm posting her comments here as well. I hope she wont mind.


helo there...

im singlemom (26yrs.old)of a 4months old baby boy..

i just wanna share this...


How to File for Child Support in the Philippines



For single moms who wish to obtain child support from the fathers of their children. It will sound easy, but I have to remind you that this is an emotional battle, not just financial. You will have to face the man, who has not only broken your heart but also left you in a monetary rut. It will be painful for you, but you have to do this for you and your children.

1. Find a lawyer specializing in family law– Private lawyers are very costly, but I find that they give better advice and walk you through all the steps in filing for a child support. However, if you cannot afford one, you can go to your municipal hall and consult with a public defendant, who probably has a lot of experience dealing with these cases daily. But in my opinion, it is always best to pay for a private lawyer for your first and/or second consultation, and when you have filed your case, you can ask the court for a public defendant.

2. Send the father of your child a demand letter – Send as many as you can through registered mail. Send it to his home address, billing address, business address, parent’s address, and siblings’ addresses or even at his friends’ address; just to make sure that he receives one and he will not have any reason not to contact you. There are two possible outcomes from sending a demand letter with your lawyer’s letterhead.
1. He will ignore the letter of support, not contact you and then you can proceed to the next step.
2. The child’s father will contact you and the two of you can come to an agreement, with or without your lawyers present. Draft a letter of support, indicating the terms both of you have agreed on, have him sign it and notarize it.

Note: The letter of support is important as it is a binding contract between you and the father of your child. It has to be a detailed draft of what your child will need up to the time he reaches maturity, usually until he reaches the age of 21 or up to the time he finishes college. List all possible scenarios where in you will need financial assistance from him. Just to be on the safe side, ask your lawyer to make one for you. If he fails to give you the monthly child support you agreed on, slap the letter of support on his face.

3. Prepare Documents
1. Birth certificates or baptismal certificates of your children
2. A narration which consists of your whole relationship with the father until you decided to consult a lawyer. Be specific, it will take time to write the story, but you have to do it.

4. Ask your lawyer to draft a petition so you can file a case – Once you have the petition in your hands, you can now file a criminal or civil case. Your lawyer will advise you on what and where to file it, in most cases it will be in your area of residence.

Fees:

1. Civil Case (ex. Abandonment)– filing will cost P2,500

2. Criminal Case (ex. Violence against women and their children, RA 9262)– free of charge

3. Per court hearing or judge’s appearance – P1,500 each

5. Subpoenas will be sent – A hearing will be set. You and the father of your child will be notified of its date through subpoenas. There are some cases wherein the father contacts you upon receiving a summons from the court, especially once they see that they are being charged with a criminal case. This is the perfect time for you to lay down your terms and have him sign a letter of support.

6. Court Hearing – Even if the father of your children does not attend the first hearing, it will proceed as the court will assign a lawyer to his case. This is also the perfect time to ask for immediate temporary financial assistance. This does not mean that the judge has already ruled on your case, it only means that you are asking for some financial help until the case is resolved. Usually, it may take up to 30 days, but the judge will ask the father of your child to pay!

7. Judge’s Decision – If the father’s child is still uncooperative and does not wish to come to make deal with you, or you do not like what he has to say and give; the judge will make the decision after all the sides have been heard. Typically, the judge will order (FORCE is a better word) the father to give! Usually, the amount will be automatically taken out of his monthly salary and deposited directly into your bank account...


If you consult with a private lawyer, they will most probably give you an amount for the whole case, about P10,000 to P15,000 but this does not include the court fees. Some lawyers don’t charge for the first consultation; but for those who do, they charge between P150 to 500 per visit, sometimes as much as P1,200 especially if you need affidavits or other such documents. If you just want to send out a demand letter, go to a Public Attorney (PAO) at your municipal or city hall. Public Defendants don’t charge for consultations!


Legal Support for the Child and R.A. 9262


Through all the family cases that we’ve handled, we’ve come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/ separation/ property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t be as complicated, but reality makes it so.

Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

If you’re a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“.

Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.


GODBLESS


LALABAN AKO PARA SA ANAK KO.....


But if you still think that changing your child's name would be in the best interest of your child since you can very well afford to raise your child comfortably, you can file for a petition for change of name. I'm not sure if the court will grant this based solely on the grounds of failure of the biological father to provide financial support. Plus the court might ask for the consent of the father allowing the change of name.

There are other mothers who have tried an "irregular" process of simply refiling the child's birth certificate without the father's name and under the pretense of late registration. Some said that they were able to get away with it. Most cases however is that the NSO recognizes only the first birth certificate of the child.

The only way to change the child's name that I'm comfortable with is legitimation. You or the child's stepfather will adopt your child. The process is longer and more expensive but always better. The change of name is the last stage of the adoption process as I've discussed in the first part of this thread.

Godbless. I hope I was able to provide you with some options.

[rudy_arete]

Article 176 did not include the word "exclusively" in its phraseology. If the legislative intent really goes for exclusive parental authority to the mother then the legislator should have placed the word "exclusively" immediately preceeding the phrase "under the parental authority of the mother"...I suggest you read the book of Prof. Mel Sta. Maria of the Ateneo Law School as an addition to your research materials..It is called Persons and Family Relations Book....This is the bible of students of Persons and Family Law in every law school...Sir Mel ...Libreng advertisement to ah!!!hehehehe


hehe.. :) The discussion is getting more technical for me. I'm not yet that equipped to comment when it comes to the details.
But for discussion purposes, I solicited the advise of the other Sinlge parents' free consultant. She explained that inserting the term “EXCLUSIVE” would be a mere surplusage since Art 176 already used the term ‘SHALL” which from basic statutory construction means MANDATORY. One can thus already surmise from the letters of the law itself that legislatures intends to grant SOLE PARENTAL AUTHORITY to the mother if a child is illegitimate regardless whether the father recognized the child or not, unless the court finds a compelling reason to deprive the mother of such authority.

This is a settled rule in this jurisdiction. The court reiterated such rule in the recent case of Briones vs. Miguel, et al. , G.R. No. 156343, October 18, 2004.


"Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 156343 October 18, 2004 JOEY D. BRIONES, petitioner, vs. MARICEL P. MIGUEL, FRANCISCA P. MIGUEL and LORETA P. MIGUEL, respondents. D E C I S I O N PANGANIBAN, J.: An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. … … "


Anyway, thanks for the comments. I'm learning a lot. :) And now more excited to go to lawschool. Baka makapag enroll ako ng wala sa oras. :bop:

[Faustina]

Question,

What if I want my son to use my surname instead? Gamit nya ngayon surname ng father nya. But we're not married. Gusto ko mapalitan birth cert para last name ko na lang gamitin nya.

What steps yung kailangan gawin?

And how much should I prepare?

Thanks in advance!

[rudy_arete]

Hi Faustina,
As I've explained to sweetwham and jiju_e in this thread, you can file for a simple petition for change of name but you have a slim chance that the court will grant this based merely on simple reasons such as you suddenly changed your mind and you no longer want your child to carry his father's surname. Plus the court might ask for the consent of the father allowing the change of name.

There are other single mothers who simply refiled their child's birth certificate without the father's name and under the pretense of late registration. This is illegal but some said that they were able to get away with it. In most cases however, the NSO will only recognize the first birth certificate of the child unless you've undergone the proper judicial process.

The best way to change the child's name is through adoption. You or the child's stepfather will adopt your child. You will say in your petition that your primary motivation to adopt you child is that you want to uplift his/her status from illegitimate to ligitimate child and you want to provide the child a more stable family environment. You could cite other reasons for as long as it will serve the best interest of the child. You will also need the biological father's consent to the adoption.

The process is longer and more expensive but always better. The change of name is the last stage of the adoption process as I've discussed in the first part of this thread. I've also discussed the processes and cost of the adoption in my third post in this thread.

[planggacious]

this thread is interesting. kudos, rudy, for starting this discussion. i'm a lawyer like attyatlast.

@ rudy: galing ng research mo. this only proves my belief that clients who study about their case are really the better clients :) sayang nga lang, you can't represent yourself. i encourage you to go to law school (abot ka pa sa UP LAE this november). mas masaya mag-aral pag feel mo talaga ang pag-a-abogado. i sense it in you... (naks.)

for everyone: i don't go online as much as i want, but if you have queries, PM me or email me at ayonsabatas@yahoo.com.ph. free legal advice habang kaya ko pa :)

[rudy_arete]

Thanks atty. planggacious.. :) yes, I intend to go to lawschool. Kaya lang demanding sa time pag sinimulan ko na ngayon. Mawawalan ako ng time sa princess ko. Mahirap pa for a single parent. Phd na lang muna, mas maluwag sa sched eh.. :) After this, next na ang law, bata pa naman ako eh. hehe.. Tsaka by that time, baka sakali may kapartner na mag alaga ng princess. ;)

In the meantime, we are counting on kind lawyers like you to guide us. I can only go as far as my research but we still need your confirmation on critical issues.

Thank you for your support. *okay*

[martedi]

hi...what if the child is carrying the mother's surname (w/o middle name),but acknowledged by the father.since nung year na yun,the family code states that if parents were not married,the child has to bear the mother's surname...then yung father,gusto nya ipangalan sa kanya yung child. what's the better option, pakasal muna yung parents or ipangalan na agad yung bata sa father kahit di married?do the father need to adopt the child?...TIA

[planggacious]

under RA 9255 (approved last 2004), an illegitimate child can use the surname of his father provided that the father acknowledges his paternity. you can go to the civil registry office where the child is registered, and the dad will issue an affidavit of acknowledgement/paternity. may few forms lang to fill up, then the civil registry will annotate on the birth certificate of the child na bago na yung full name nya (e.g., pursuant to an acknowledgment made by the father under RA 9255, the child shall now be known as XXX.)

if the father & mother are going to get married naman, no need for adoption if he is the biological father. you just have to go to the civil registry with a copy of the marriage cert, then they will also annotate the correction in the birth cert of the child.

[geekhead]

If my child still have the mothers last name as her middle name. But have my last name because of RA 9255. But the thing is we are not together anymore.

1. What is the procedure so she wont be able to take my child Is this abandonement? I believe she should be 7 or something ata para di na makuha.

2. If i decide to get married. How will i change my childs surname to my future wifes last name para "malinis" na.

Thanks!

[[FickleMinded]]

^Parang naguluhan ako sa #2 mo,kung ang apelyido ng anak mo eh yung apelyido mo na,parang wala namang magiging problema,bakit papapalitan mo pa ng last name ng "future wife" mo?eh apelyido mo na rin naman iyon.
yung #1,ang alam ko parang may loophole din,kahit na under 7 pa ang bata kung ang category ng mother eh "unfit mother" pwede syang makuha ng tatay.ganon yata iyon.

[iyah-kin]

my lil boy uses his father's name .. hindi pa kami married ..

and we're not together anymore .. how can i change it for my child to use my name instead..sabi nila mejo mahaba habang process daw yun?

[foxychick]

wow! i've learn a lot sa thread na to.

i have a question ***...

my two sons kasi use my surname and middle name. pero yung twin sisters nila walang middle name (accdg. sa quezon city hall). ganun ba talaga? kasi sa school records nila middle name ko yung middle name nila. dapat ko na ba ichange para di hassle yung records?

thanks in advance!

[planggacious]

@ geekhead: (1) read the posts of rudy on how he got custody of his child. you will have to go to court to petition for sole custody of your child, as long as you allege & prove that the mother is unfit and incapable of taking care of him/her, whether or not the child is below 7 yrs old; (2) if you want your future wife's surname to be his MIDDLE name, you both have to adopt your child after your marriage.

@iyah-kin: your query has also been answered by rudy already. you will have to petition the court for a change of surname, and only after a judgment in your favor will you be able to change your child's surname to yours. oo, medyo matagal ang process.

@foxychick: i assume you're not married... don't worry too much kung middle name lang ang problem. you can issue an affidavit later to attest that your twin daughters are the same persons as that named in their birth certs. (yung sasabihin na "one and the same person" sila) your hands are tied: under the law, if you are unmarried and the father doesn't acknowledge paternity, your child will carry your surname and will have no middle name.

hope this helps!

[geekhead]

Thanks! I think this is also applicable if the biological mother is out of the country for years din right? So there would be no more hearings and stuff.

Re #2 My child already have my last name but her biological moms lname as her middle name. So my future partner would have to adopt my child para mabago middle name ng child ko right.

[rudy_arete]

Thanks! I think this is also applicable if the biological mother is out of the country for years din right? So there would be no more hearings and stuff.

Re #2 My child already have my last name but her biological moms lname as her middle name. So my future partner would have to adopt my child para mabago middle name ng child ko right.

hi geekhead,

I assume you're not married to your child's biological mother since you cited RA 9255 as the reason why your child was able to use you surname.

If you intend to file a petition for adoption to have sole custody of your child using ABANDONMENT as basis, meron pa rin po hearings and stuff kahit nasa ibang bansa na ang mother ng ilang taon.

The process of adoption of a minor comes with an evaluation of a DSWD representative. The DSWD representative will conduct an investigation if your child was really abandoned by the biological mother. Kailangan mapatunayan ng DSWD person that the biological mother can no longer be located or you have no idea of her whereabouts. And if the mother had been out of the country for years already, it must be emphasized that she never initiated any form of contact to you or her child. Otherwise, if the DSWD representative finds out that the mother still tries to communicate with your child every once in a while or she sends some kind of support through her relatives, this may not qualify as abandonment.

In support to Atty. planggacious explanation regarding your # 2 concern, if you want to change the middle name of your child, you have 2 options:
1) Ikaw muna ang mag adopt sa anak mo kung hindi pa kayo kasal ng future partner mo or kung wala pa naman kayo plano magpakasal. After the adoption process kasi, tinatanggal ang middle name ng bata if single parent and nag adopt. Bale your child will still use your surname but will no longer have a middle name.

2) Magpakasal muna kayo ng future partner mo then iaadopt nyo ang bata bilang husband and wife. This time, your child's middle name will be changed. (your wife's surname will be used as your child's middle name)

Bro, I understand your concern but the thing with the child's middle name is only a minor thing in the entire process of adoption. If you do intend to go through with it, please realize that the law is basically biased in the favor of the mother. I mean, bihira po na iggrant ang petition for adoption to a Single Male parent na hindi kasal sa biological mother. Statistically proven daw po kasi na mas nakakabuti sa isang bata kung ina ang magpapalaki. But syempre, there are exemptions nga if the mother is indeed unfit to be one.

But as I've explained po kasi sa mga naunang posts ko, the court will require the mother's consent to the adoption. The consent will say na inaamin nya na makasasama kung mananatili sa kanya ang bata at isinusuko na nya ang lahat ng karapatan bilang isang ina. Given its content, yun po ang isa sa mga mahirap kunin. So be really sure that you have grave reasons and evidences kung bakit kelangan mapunta sayo anak mo.

I hope this helps.

Thanks to Atty. planggacious. Wag mo kami iiwan ha..:)

[rudy_arete]

wow! i've learn a lot sa thread na to.i have a question ***...my two sons kasi use my surname and middle name. pero yung twin sisters nila walang middle name (accdg. sa quezon city hall).* ganun ba talaga?* kasi sa school records nila middle name ko yung middle name nila.* dapat ko na ba ichange para di hassle yung records?thanks in advance!

add ko lang po sa comment ni atty. planggacious which was:

@foxychick: i assume you're not married...* … your hands are tied:* under the law, if you are unmarried and the father doesn't acknowledge paternity, your child will carry your surname and will have no middle name.hope this helps!

lumalabas po kasi na mga kapatid mo yung 2 sons mo if they are using the same middle name and surname that you have. So mas tama pa po yung sa twin sisters nila na walang middle name.

I've encountered a lot of the same complaints from other single parents I know. The problem is paiba iba po kasi ang ginagawa ng civil registrar ng iba't-ibang munisipyo. And I believe this is one of the urgent concerns that the NSO should address. When I had a discussion with an NSO Main representative, she explained that when an illegitimate child is not acknowledged by the biological father, the computer automatically enters "N. A." under the father's information sa birth certificate. On the other hand, given RA 9255 na nga today, or if an illegitimate child is acknowledged by the biological father, the child will automatically use the fathers surname and will use his/her mother's surname as his/her middle name (like in the case of a legitimate child).

So I'm not sure how your sons were able to have both your middle and last name but it's most probably an error of your local civil regristrar. If we are going to follow NSO Main rules, your sons are the ones who have to change their birth certificate. You will have to take off their middle name. Unless you get married and you want to legitimize the status of your children. Under such case, you and your children's stepfather will adopt your children. Your children will then use your husband's surname and your surname.

[planggacious]

a strict interpretation of the law and the rules will necessary result in a LOT of problems.

this may sound unlawyerly, but sometimes, it's better not to open a can of worms kung hindi pa naman problema.

like change of middle name & surname... maayos yan later kung talagang may balak naman magpakasal and nagkakaintindihan naman ang partners na they will adopt the children to fix the names and later, para pantay-pantay ang shares sa mana.

yung dropping the surname of the absentee/non-supporting dad, kahit masakit, minsan kasi you also have to think that later, the kid will also look for his dad, whether dala nya yung pangalan o hindi.

yung walang middle name... the affidavit will be enough to correct his/her records later. just be consistent with what you are using now, para hindi madagdagan yung problema nyo.

magastos magpa-korte. kahit abogado ako, never kong naging practice na magtanggap ng kaso left-and-right, unless talagang gustong-gusto ng client na mag-kaso. kasi andami talagang dapat bayaran and medyo mahaba ang process. unless you're ready to spend and you think you'd rather fix things now, then sige, mag-kaso na. pero kung okay pa naman, wag gumawa ng problema :)

[chiqbonez]

Sana matulungan nio ko..

I gave birth to my son po kc when i was 16 years old, so hndi kami married ng biological father nia.. right after i gave birth po (mejo hilo pa ko) may mga pinapirmahan po silang stuffs saken para daw sa birth certificate ng baby.. hndi ko naman alam na *** isang form na un is para magamit ng baby *** surname ng father nia.. so pinabayaan na lang po namin..

im already married na po ***** to someone since naghiwalay na kami nung first ko and hindi naman sya nagsupport sa baby namin eversince..

my question po is:

ano po kaya pwede naming gawin ng husband ko as first step para mapalitan *** surname ng first baby ko since gusto ng husband ko ***** na surname nia na *** gamitin para sa first baby ko (turning 3 yrs na po *** baby ko) since sya din naman po *** kinikilalang daddy nung baby ko.. and *** biological father din po is wlang sustento sa anak nia since pinanganak ko un, kahit *** hospital bills hndi nila nagastusan..

please do help po, ayoko kc lumaki *** son ko na magtataka sya bakit iba *** surname nia samen, lalo na magkaka baby brother na sya..

thanks po in advance

[changes_in_me19]

salamat naman at meron palang topic na ganito.

eto po yung situation ko.

yung panganay kong anak e naka-apelyido sa akin kasi d kami kasal ng partner ko tapos nagkahiwalay. tapos may isa din akong anak yung bunso ko sa present live in partner ko ngayon at apelyido nya ang dala ng bata.

hihiwalayan ko na sya sometime this October at ask ko lang kung pwede kong papalitan yung surname ng anak kong bunso na apelyido ko ang ipapagamit ko sa kanya para pareho sa panganay ko?? malaki ba gastos nito?

[planggacious]

@chic: you & your husband have to go through court proceedings to adopt your child. (check this thread. may comprehensive answer si rudy dito.)

@changes_in_me: court proceeding din, petition for change of name/surname. approx P50-60K total gastos, including filing fees, attorney's fees. (sariling estimate ko yan)

napapansin ko lang, most questions have already been answered by rudy in his previous posts. maybe you can try reading through them first, then ask clarificatory questions nalang :) suggestion lang naman :) ciao!

[geekhead]

Thank you so much guys! Appreciate all the help.:)

[rudy_arete]

I would like to mention na rin po since marami din ako naencounter na naguguluhan pala about the use of the petition for adoption to change the status and name of an illegitimate child. Para na rin po malinaw sa lahat. Baka meron din dito na nagugulimihanan kung bakit kelangan iadopt ang sariling anak.

Ang legal adoption po kasi ay hindi lamang ginagawa ng mga mag asawa na hindi magkaroon ng anak. Ginawa din ito ng mga tunay na magulang ng isang bata na ipinanganak na hindi kasal ang magulang.

Dahil nga illegitimate ang bata, maaaring ampunin ng tunay na magulang ang kanyang anak para maitaas ang status ng bata. Mula sa pagiging illegitimate ay magiging legitimate at mapalitan ang pangalan ng bata kapag nagdesisyon ang korte na iapprove ang adoption.

To CHIQBONEZ:
Tama po ang iyong inaalala na dadating ang panahon na papansinin ng anak mo kung bakit iba ang surname nya. Pero hindi lang yung pangalan ang dapat mo isipin. Kahit kasi may asawa ka na ngayon, nananatiling illegitimate ang una mong anak. Samantalang ang baby brother nya ay legitimate child nyo ng asawa mo ngayon. Pagdating po ng panahon, malaki po ang pagkakaiba ng parte sa mana ng isang legitimate child sa illegitimate child. Kumbaga, pag hindi nyo binago ang status ng una mong anak, mas malaki ang mamanahin ng bunso mo sa kuya nya.

At kagaya nga po ng binanggit ng ating resident lawyer na si Atty. Planggacious, kailangan nyo (ikaw at ang asawa mo) na ampunin ang una mong anak. As husband and wife, you will a file a petition for adoption. Kailangan nyo dumaan sa legal na proseso kaya kakailanganin ang serbisyo ng isang abugado katulad ni atty. Planggacious.

Ang proseso at estimate ng gastos sa pag fifile ng petition for adoption ay naipost ko na sa unang bahagi ng thread na ito. Maari nyo pong basahin ang nauna kong post o maari kayong kumunsulta na diretso kay atty. planggacious.

Sana po ay nakatulong ako. :)

[rudy_arete]

Hi Atty. PLANGGACIOUS :)

Ask ko na rin po: other than the petition for adoption, can we really change the name of the child without the consent of the biological father?

I have already asked our other consultants but they can't give me a definite answer. They are unsure of what could be the legal basis to change the name of an acknowledged illegitimate child back to the surname of the mother. We ended up with a the conclusion that I've posted earlier in this thread. Similarly, most of the reasons described by mothers are not included in the valid reasons I found for change of name.

From G.R. NO. L-31065, February 15, 1990, Republic of teh Phil. vs. Pio R. Marcos, it was mentioned that the following have been considred valid grounds for a change of name:
1) when the name is ridiculous, dishonorable, or extremely difficult to write or pronounce;
2) when the change results as a legal consequence, as in legitimation;
3) when the change will avoid confusion
4) having continuously used and been known since childhood by a Filipino name, unaware of his alien parentage
5) a sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and not to prejudice anybody

[chiqbonez]

thankz po sa replies, yun lang po ba **** *** way para mapalitan surname ng frst child ko? sa totoo kasi *** kami ganun kalaking budget kung iaadopt pa namin *** panganay ko.. :( hay

[rudy_arete]

Sa pag kakaalam ko po at ayon sa ibang mga consultants natin eh yun nga lang po.* And based nga po dun sa jurisprudence na nakita ko, yang mga yan lang daw grounds to grant the change of name. Pero hintayin natin reply ni Atty. planggacious regarding my question. She might have other suggestions.

Yung expenses na nabanggit ko sa earliear blogs ko ay medyo mahal po. But I believe na pwede mapababa ng malaki yung expenses. Depende po kasi sa lawyer na kukunin and kung saan kayo mag ffile ng petition. If di po talaga kaya, try if you can qualify na mag avail ng free legal assistance from the Public Attorney's Office (PAO) na pinakamalapit sa inyo.

[martedi]

under RA 9255 (approved last 2004), an illegitimate child can use the surname of his father provided that the father acknowledges his paternity. you can go to the civil registry office where the child is registered, and the dad will issue an affidavit of acknowledgement/paternity. may few forms lang to fill up, then the civil registry will annotate on the birth certificate of the child na bago na yung full name nya (e.g., pursuant to an acknowledgment made by the father under RA 9255, the child shall now be known as XXX.)

if the father & mother are going to get married naman, no need for adoption if he is the biological father. you just have to go to the civil registry with a copy of the marriage cert, then they will also annotate the correction in the birth cert of the child.
2003 kasi pinanganak baby,so di sya nakasama sa law na yun,kahit may acknowledgment ang father....thanks for the help!

[chiqbonez]

what if iparehistro ko ulit *** panganay ko, *** late registration po sa city hall... alam ko po illegal, kaso yun lang *** naisip kong way *****.. surname lang naman **** kc habol ko, kawawa *** bata

[jpatricks1]

IceBurn referred me to this thread..thanks bro

Your thoughts on this sirs:

My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

What's the best course of action for the father to see his daughters again? Thank you very much

[gerlei]

thanks for this thread....i know that it will help me clear my mind on something.

I have 2 kids, never married, the father of my kids and I separated when the youngest was 9 months old. I never put the father's name on their birth certificate. Never even allowed him to put his name on it...as in blanko. I never had a communication with their father for the longest time.

My question is this, if ever na maikasal kami ng BF ko now, does he still need to adopt them or, though i know mali, just make an affidavit saying that he is really their father and that we just kiss and made up. Could that be possible? If not, are there any more option? My eldest is 12 by the way and the youngest is 9.

Pls help!

Thanks!:)

[rudy_arete]

what if iparehistro ko ulit *** panganay ko, *** late registration po sa city hall... alam ko po illegal, kaso yun lang *** naisip kong way *****.. surname lang naman **** kc habol ko, kawawa *** bata


yup, as i've explained nga po sa earlier posts ko, it is illegal to do that. Some were able to change the name by filing again the birth certificate of the child but in most cases, hindi rin po nakakalusot sa NSO. Plus, kung mapalitan mo man and maghabol yung biological father, you might be charged with falsification of public documents.

[rudy_arete]

IceBurn referred me to this thread..thanks bro

Your thoughts on this sirs:

My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

What's the best course of action for the father to see his daughters again? Thank you very much


Just when I thought that I had the worst experience, I’ll come across this case.

First, I really empathize with your gf’s brother. His situation right now is the very reason why I was determined to settle the custody and parental rights issue of my daughter as early as possible. The process was very stressful and expensive but was well worth it. I had the feeling that had I not opted to take custody of my daughter through adoption, her mother might have done the same thing. And I can’t imagine the pain that it might have caused me to be separated from my daughter.

As I’ve explained from my earlier posts, the law is biased towards the mother when it comes to custody of children born out of wedlock. The law grants sole parental authority to the mother if a child is illegitimate, unless the court finds a compelling reason to deprive the mother of such authority. But I assume that your gf’s brother acknowledged his two daughters and the children are using his surname. In such case, he is obliged to support the children financially. But the good news is that along with such obligation to support his children, he has the right to see his children and the mother cannot deprive him of such right.

The trouble now comes in terms of who will determine what. Like who will decide if how much support should your gf’s brother send for his daughters. The mother might have unreasonable financial demands for the children that are beyond the means of your gf’s brother. Who will decide on how often, when, on what occasion your gf’s brother can see his children. Can she suddenly deprive him of his visitation rights if she’s not in the mood?

Given such complications, I would advise your gf’s brother to go through the legal process if he wants to insist his right to see his daughters. He will file a Petition for Custodial Rights. Under such petition, the court will determine the amount of support your gf’s brother should send to his children depending on his financial capability. The court will also compel both parties on the schedule and the occasions that your gf’s brother can take the children with him.

Here is a good case that your gf’s brother can read:
G.R. No. 114742 July 17, 1997, SILVA vs. COURT OF APPEALS, ET AL.

or read from:
http://lawphil.net/judjuris/juri1997/jul1997/gr_114742_1997.html

The case is about an unmarried couple where the father was initially denied of his rights to see his children. He filed for a petition for custodial rights and the Regional Trial Court (RTC) initially granted him visitation rights. But since the children’s welfare is the paramount consideration, the Court of Appeals (CA) ruled that the rotation of custody of said children, where they stay with their mother on weekdays and then with their father on weekends may not be conducive to a normal up-bringing of children of tender age. The father was in turn denied of his visitation right. But then again, the Supreme Court (SC) overruled the CA and reinstated the original decision of the RTC. The SC explained that “... no man, bereft of all moral persuasions and goodness, would ever take the trouble and expense in instituting a legal action for the purpose of seeing his illegitimate children. It can just be imagined the deep sorrows of a father who is deprived of his children of tender ages.”

I hope your gf’s brother has the courage, capacity, and wisdom to do the right things for his daughters. I mean, it’s easy for us adults to make decision for ourselves out of emotions and circumstances. But with the children’s lives at stake, one must think things over a thousand times before starting anything. Your gf’s brother may opt to just waive his rights and do a little self-sacrifice and self-denial or he can fight for his rights because he knows it will serve the best interest of his daughters and the legal process will bring more benefit to the children.

Good luck and God bless your gf’s brother. I hope this helps.

[hollowpoint]

The case of Siva vs CA will not apply in the instant case. Although the law allows the child under 7 to be at the custody of the mother, the same may be disregarded if it can be shown that the mother is unfit. Considering the facts presented, the mother is a cheating wife who even "sold" her children for the measly amount of 10K to the father. this will put her mental state in question. Also, the father may question the capacity of the mother to support the child.

In the Silva case, the errant is the father yet he was given visitation rights to the children. In this case, it is the father who reared the children til they were forcibly taken away from him. If he fights the battle in court he has the high chance of getting the custody of his children.

[chiqbonez]

thanks po, clear na po saken..

regarding naman po sa cnasabi niong maghahabol *** biological father, may habol pa po ba **** sya? since pinanganak ko po *** baby namin, *** syang financial support na binigay, kahit hospital bill ko wala silang sinagot.. 5 mos old *** baby, nawala syang parang bula.. and I tried to reach him thru friendster para ipaalala *** sustento niya sa bata.. sinugod ko sya sa mga naging workplace niya and all they gave me was 500 pesos..

[rudy_arete]

The case of Siva vs CA will not apply in the instant case. Although the law allows the child under 7 to be at the custody of the mother, the same may be disregarded if it can be shown that the mother is unfit. Considering the facts presented, the mother is a cheating wife who even "sold" her children for the measly amount of 10K to the father. this will put her mental state in question. Also, the father may question the capacity of the mother to support the child.

In the Silva case, the errant is the father yet he was given visitation rights to the children. In this case, it is the father who reared the children til they were forcibly taken away from him. If he fights the battle in court he has the high chance of getting the custody of his children.

Thanks Atty. HOLLOWPOINT. It's good news that we have another lawyer in this thread.

Yes you are correct. As I've mentioned in my reply to JPATRICKS1: "...unless the court finds a compelling reason to deprive the mother of such authority."

And in the past, the following grounds have been considered ample justification to deprive a mother of custody and parental authority: neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease (G.R. No. 156343, October 18, 2004, JOEY D. BRIONES vs. MARICEL P. MIGUEL, ET AL)

The problem however, "considering the facts presented..", is that JPATRICKS1 mentioned that his gf's brother was not married to his daughter's biological mother:


My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. …

While that woman cheated on the children's father as his "live-in" partner, she was free to do so under the law. But then again, yes, we could question her state of mind or immorality. I thought of the same argument when I was discussing my case with my lawyer but we had a problem on how to prove such allegations. In this case, the father will have to prove that the mother abandoned her children in exchange of 10K. And her mental state should be validated by a qualified expert. A mere allegation in court that she is insane might not hold. Other lawyers even argued that even a prostitute can be a good mother if she can prove that her "activities" does not put her child in an unsafe environment.

Clearly, the Silva Vs. CA. was not cited as an example of the same case but to merely emphasize that Yes, even if the law grants custody to the mother, there is a Strong if not Sure chance that the biological father will be granted at least his visitation rights in this case.

[rudy_arete]

thanks for this thread....i know that it will help me clear my mind on something.

I have 2 kids, never married, the father of my kids and I separated when the youngest was 9 months old. I never put the father's name on their birth certificate. Never even allowed him to put his name on it...as in blanko. I never had a communication with their father for the longest time.

My question is this, if ever na maikasal kami ng BF ko now, does he still need to adopt them or, though i know mali, just make an affidavit saying that he is really their father and that we just kiss and made up. Could that be possible? If not, are there any more option? My eldest is 12 by the way and the youngest is 9.

Pls help!

Thanks!:)


Yes GIRLIE, you and your husband to be should adopt your children after your marriage to make them your legitimate children and for them to use your husband’s surname.

YES, you can make it appear that he is the biological father. After your marriage, you just have to submit your husband’s Affidavit of Acknowledgement and your marriage certificate.

But YES it is Illegal to make it appear that your husband is the biological father when in fact he is not. That would be falsification of public document. The civil registrar may not have the means to validate such affidavit of acknowledgement unless somebody will testify or the biological father will claim that such affidavit was falsified.

If he files a case and presents witnesses who will prove that he is indeed the father of your children, you will be in big trouble. Imagine the implications of that happening when your children are all grown up and can already understand what is happening.

I can understand you having 2nd thoughts on doing the adoption process. Given the cost, time and effort that you have to sacrifice, doing some “irregular” process can be an option. But then, I believe that such “irregular” things have its way of going back to you. So as much as possible, still try to do things the right way. In the end, it’ll prove to be much less expensive plus you’ll be confident that your children’s status can’t be questioned.

[rudy_arete]

thanks po, clear na po saken..

regarding naman po sa cnasabi niong maghahabol *** biological father, may habol pa po ba **** sya? since pinanganak ko po *** baby namin, *** syang financial support na binigay, kahit hospital bill ko wala silang sinagot.. 5 mos old *** baby, nawala syang parang bula.. and I tried to reach him thru friendster para ipaalala *** sustento niya sa bata.. sinugod ko sya sa mga naging workplace niya and all they gave me was 500 pesos..

may habol po in the sense na magsusumbong sya na nagdouble registration ka and may hawak sya na birth certificate na nakalagay na sya ang father. But to be granted custody or visitation rights, mukhang malabo na nga since he abandoned your child, he never gave support and he can no longer be located.

[chiqbonez]

thankz again po.. ang sarap basahin na kahit visitation rights sa son namin hndi sya magkakaron..

medyo mabigat po para saken *** iaadopt pa namin ng husband ko *** son ko kc *** po tlgang budget.. mag 3 yrs old na po kc sya and **** ko na maayos before he starts to go to school.. if ever po ba, what if ibalik na lang po sa surname ko *** bata? *** po bang affidavit na ganun? kc mas ok po na maternal surname *** gamit nia kesa sa surname ng biological father nia na *** naman naging hirap para sa kanya.. nung nagsign po kc ako ng affidavit na paternal *** magiging surname ng baby ko, hndi ko **** naintindihan *** pinirmahan ko kc groggy pa ko nun after giving birth, and i was just 16 po nun..

[amishu600]

hi.. sweetwahm referred me to this thread.. thanks.


single mom ako..
may question sana ako.. gusto ko malaman kung halimbawa dumating yung time gusto ng lalaki or ng relatives niya makita baby namin at humiling siya na kung pwede maging father siya sa baby namin.. katulad nung may time sila..

paano kung ayoko? pwede ba yun? alam ko may rights siya pero ayoko talaga... isipin pa lang, kapal ng mukha niya noh...

[rudy_arete]

welcome to this thread amishu600,

I can understand why you wouldn't want your ex to see your child, expecially kung talagang nagpakagago sya nung malaman na magiging dad na sya... but then again dear, try to think it over again, without prejudice to how you feel about him... sabi nga sa walang kamatayang linya eh.. ".. sya pa rin naman ang ama ng anak mo.." i mean, hindi natin alam, your child might want to see him naman, regardless kung gano sya kagago..

But then, if you really don't want to, you are in a better position because the law is in your favor. Custody of illegitimate children is given to the mother. Kung ayaw mo ipakita, hindi nya makikita or mahihiram ang bata unless mag try sya to go through the legal process wherein he will file a petition asking for his visitation rights. If your child is not using his surname, mas mahihirapan pa sya dahil kelangan pa nya patunayan sa court na sya ng father ng bata. Kung sakali naman na established na sya ng father ng bata, you have the chance naman na kontrahin petition nya. You will tell the court kung bakit ayaw mo. Papatunayan mo na iresponsable syang ama or kung ano pa mang dahilan na magsasabi na makasasama sa bata na mapalapit sa ama nya.

[rudy_arete]

....................

[amishu600]

thanks rudy arete..

[gerlei]

Yes GIRLIE, you and your husband to be should adopt your children after your marriage to make them your legitimate children and for them to use your husband’s surname.

YES, you can make it appear that he is the biological father. After your marriage, you just have to submit your husband’s Affidavit of Acknowledgement and your marriage certificate.

But YES it is Illegal to make it appear that your husband is the biological father when in fact he is not. That would be falsification of public document. The civil registrar may not have the means to validate such affidavit of acknowledgement unless somebody will testify or the biological father will claim that such affidavit was falsified.

If he files a case and presents witnesses who will prove that he is indeed the father of your children, you will be in big trouble. Imagine the implications of that happening when your children are all grown up and can already understand what is happening.

I can understand you having 2nd thoughts on doing the adoption process. Given the cost, time and effort that you have to sacrifice, doing some “irregular” process can be an option. But then, I believe that such “irregular” things have its way of going back to you. So as much as possible, still try to do things the right way. In the end, it’ll prove to be much less expensive plus you’ll be confident that your children’s status can’t be questioned.



thanks a lot!:)

[rudy_arete]

thanks rudy arete..

thanks a lot!:)


You are both welcome.. sana po ay nakatulong ako..

[rudy_arete]

Sorry po, ngayon ko lang napansin, may follow up question pa pala.. :)

... if ever po ba, what if ibalik na lang po sa surname ko *** bata? *** po bang affidavit na ganun? kc mas ok po na maternal surname *** gamit nia kesa sa surname ng biological father nia na *** naman naging hirap para sa kanya.. nung nagsign po kc ako ng affidavit na paternal *** magiging surname ng baby ko, hndi ko **** naintindihan *** pinirmahan ko kc groggy pa ko nun after giving birth, and i was just 16 po nun..

Wala pong ganung affidavit. And hindi rin po dahilan sa korte na ikaw ay nahihilo pa or underage nuong pirmahan mo ang birth certificate ng anak mo. For as long as ikaw talaga ang pumirma duon. Actually, ayon po sa ating mga consultants, your only option is adoption. Dahil kung sakali man magkabalikan kayo nung biological father (kahit sabi mo nga imposible) hindi rin po pwede sayo ang legitimation dahit underage ka nung pinagbuntis at pinanganak mo baby mo.

[teteng]

Hi Rudy! Can you please give details how much it would cost to file an annullment.

[rudy_arete]

Hi teteng,

Sorry but I am not familiar with and haven't undergone annullment. I'm a single parent but I was never married. Maybe we should ask atty. palanggacious instead.

[shanana]

good day! I would like to ask for your opinion...my concern is this...I have a grand daughter who's from minor parents...Her dad is my son who is only 18 and her mom is 17 when she gave birth to her at our residence,she was attended by a registered midwife..The next day, when the midwife visited them (the baby and my common law daughter in law),as it is the duty of the attendant at birth to prepare the birth certificate, all informations was supplied by the mother of the child and her mom...They ask the midwife to prepare it and use my sons surname...The birth certificate was prepared, an affidavit to use the surname of the father (AUSF) was given to my son and my son and her common law wife signed it in front of the mother of the girl and the midwife, the informant was signed by by the girl being the mother,my son even signed the affidavit of paternity at the back of the birth certificate....I asked the midwife if the mother of the child would still sign the affidavit at the back, she said the LCRO said not anymore since it's of the father's concern, anyway there's this AUSF duly signed by both of the parents...the mother of the child must show an ID when registering since she was a minor still accdg to the midwife. Days past and still no ID was given to me so I can register it....Until one day, the mother of the girl forcely took the mother of the child from us, accusing my son of beating her daughter (how in the world would that happen, when everyday she was in our house,from morning till almost after dinner,ika nga kulang na lang sa amin matulog, sa araw araw ba naman na iyon, kung binubugbog ang anak nya ng anak ko eh di sana nanlalata na at puro black eye at nasa ospital na ang anak nya)....How funny ika nga...the child was left im my sons care...my son was shocked, beacuse this is not what he wants for her daughter and he cant believe that the girl she dearly love will go with her mom...after 2 days, we were able to see each other face to face at DSWD,the girl cried and say "ayaw ko naman po talagang umais, sorry po" the hell I care, damage has been done, nagsa walang kibo na lang kami ng anak ko ng parang walang narinig, isip ko bakit ka sumama sa nanay mo? anyway,an agreement was made, handwritten by the mother of the child, she use the baby's name using the same name as in the birth certificate (baby's name and our surname) and in that agreement she states the name of my son as the father of the child, visitation rights was given to my son,that every weekends my son can get the bay at their abode and return it on the 1st day of the week, a great pleasure and okey na kesa sa wala at di sila magkasama ng anak nya and he said, by this precious moment i could tenderly show my outmost love and care for my loving baby...it is almost 2 months now and still the girl and his family is refusing my son from his rights...I can feel the pain that my son is going through....By the time my son and I went to our LCRO to file for late registration,bringing with us the AUSF, the prepared birth certificate, and we also have it notarized...We were shock to learn that the birth certificate was put onhold by the chief LCRO since the mother of the child is now refusing for the baby to use his fathers surname....until now my grand daughter was still deprived of her rights to have a name...I was able to talk with the LCRO chief and she quote me as saying...hindi nga pwede kasi ayaw ng ina....I answered back but Article 176 was already amended by our President, there's RA 9255 and an implementation from the Civil REgistrar General....My son had acknowledge her daughter, showing the AUSF..she said, kaso nga ayaw na ng ina....I asked my self ako ba ang nagkamali sa pag intindi ng Article 176 of the family Code that was amended? ako ba ang hindi nakakaintindi ng RA 9255? ako ba ang hindi nakakaintindi ng Administrative Order #1 ng NSO regarding RA 9255? o baka hindi alam ng LCRO chief namin:rotflmao:.... I am really in deep sorrow for my grand childs welfare, I really feel she is deprive from his father's love, deprive to have a name.....I cannot stand the pain my son is going through...All I want to know now is can a mother refuse to have her child use his fathers surname even if the father acknowledges the child? pano na ang RA 9255 pag nag kaganito? My son is after the welfare of the child not of his personal interest...What about the agreement with DSWD na mismong ang ina ang hindi sumusunod sa napagkasunduan? we take all agreements seriously and according to law....Please reply to us in your most convenient time, I know this is a long one, thanks for the time spent....More power to you...and God bless Us all!:bop:

[rudy_arete]

Hi SHANANA,

Again, like how it is with most of the good dads here that are denied of their rights, I empathize with your son. While we acknowledge that it is the mother who gave life to our children, nobody can discount the love of a father to his children.

Your problem ma’am is the issue that I’ve repeatedly mentioned in this thread. The law is biased towards the mother when it comes to cases of illegitimate children. It is even explicitly provided in the first sentence of Article 176 of RA 9255 that you have mentioned.

It says:
“Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. 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. … “

Ayon po sa batas na ito, sinasabi na ang ina ang nagdedesisyon para sa kanyang anak. Lumalabas po ngayon, ayon sa nakasulat, na may karapatan ang ina na tanggihan ang paggamit ng apelyido ng tatay ng bata kahit inacknowledge na nya na sya ang ama.

Ang pag gamit po ng salitang “may” sa nakasulat na “illegitimate children may use the surname of their father…” ay nagsasabi na kapag ang isang illegitimate child ay kinikilala ng kanyang ama bilang isang anak (na ginawa nga nga po ng anak nyo ayon sa kwento nyo), maaari ngunit hindi ipinipilit na gamitin ng bata ang apelyido ng kanyang ama kung nanaisin nya. Ngunit dahil nga po menor de edad pa ang apo nyo, ang ina ng apo nyo ang nagdedesisyon para sa bata. At ang karapatang ito ng isang ina ay isinasaalang alang o kinikilala ng batas. Nangangahulugan din po na pagdating ng apo nyo sa legal age, may karapatan sya na gamitin ang apelyido ng anak nyo kung nanaisin nya.

According to our consultants, there are two things to consider with regards to the affidavit to use the surname of the father (AUSF) that you have. First is that the mother of the child was also a minor (17 yrs. old) when she signed the affidavit. As a general rule, a minor cannot execute a public document. Nangangahulugan po na maaaring walang bisa ang ginawang pagpayag ng ina na gamitin ang apelyido ng anak nyo. And if you still insist on using such AUSF, the mother can always issue another affidavit saying that she is nullifying the first consent that she gave. In effect, she will recant her earlier statement and will say various reasons why her earlier consent is being nullified. Maari po syang gumawa ng panibagong affidavit kung saan sasabihin nya na napilitan lamang sya na pirmahan ang affidavit na hawak nyo.

Ngunit sa kabila ng mga ito, hindi naman po nangangahulugan na wala nang saysay ang (AUSF) na hawak nyo. Yan ay isang mahalagang patunay na inamin ng ina ng apo nyo na ang anak nyo ang tunay na ama. Lalo pa’t ito ay sinaksihan ng midwife na nagpaanak sa bata. Maaari nyo po itong gamitin kung sakaling naisin nyo na magsampa na lamang ng kaso para igiit ang visitation rights ng anak nyo sa apo nyo. May karapatan po ang anak nyo, bilang isang ama na bisitahin o hiramin ang anak nya. You can file a petition for custodial rights as I’ve already discussed in my previous post. Maaari nyo pong basahin ang mga nauna ko nang paliwanag tungkol sa petition na ito.

[rudy_arete]

.. if ever po ba, what if ibalik na lang po sa surname ko *** bata? *** po bang affidavit na ganun? kc mas ok po na maternal surname *** gamit nia kesa sa surname ng biological father nia na *** naman naging hirap para sa kanya.. nung nagsign po kc ako ng affidavit na paternal *** magiging surname ng baby ko, hndi ko **** naintindihan *** pinirmahan ko kc groggy pa ko nun after giving birth, and i was just 16 po nun..

Hi chiqbonez,

This is in addition or a clarification to my earlier explanation to you (posted Oct. 15, 2008) regarding your desire to change the surname of your first child.

One of our lawyer friends here added that since you were just 16 yrs. old when you signed your child’s birth cert., you could file a petition for change of name based on the justification that you were not yet at a legal age when you executed the decision of putting the father’s surname in your child’s birth certificate. There might be a chance that this will be considered.

But the problem is you still need to undergo the judicial process wherein you will hire a lawyer to represent you during the proceedings. We are expecting lang po na mas mababa ang gagastusin mo kaysa sa mag undergo ng adoption.

The other problem is that, kung saka sakali man na maswerte ka at tinanggap ng korte ang change of name petition mo. The child will be using your maiden surname and not the surname of your husband now. In effect, your first child will remain illegitimate and you and your husband will still need to adopt him if your husband wishes to give his surname to your child. So bale, dalawang proceedings ang dadaanan mo. Lumalabas na rin po na mas madali na ang adoption dahil when it is granted, your child will use now your husband’s surname.

[silakbo]

I’ve read most of the cases here and the discussions are indeed very helpful. thanks sir rudy for sharing your information.

Isa rin po akong single mother pero kaibigan ko pa rin naman at hinihiram pa nung ex ko ang anak namin. Kaya lang I have a fiancé now and we plan to adopt my son para daw mailipat na rin ang pangalan ng anak ko sa apelyido nya. Kung sakali po ituloy namin ang adoption, may karapatan pa po ba yung ex ko sa anak namin?

[vanessagrace]

Hi sir Rudy,

Like others out there, I would also want inputs and jurisprudence (if there are any) to help on the petition for a change of name that I want to go through. I am a 36 yr old dad with 2 adorable kids and another one coming soon because my wife is on the family way again. :)

I plan to file for a petition for a change of name for me to able to drop the surname of my father and use my mother’s maiden name instead. My father abandoned us even before I was able to go to pre-school. I have used my father’s surname in school and other documents when I was still studying until I decided to use my mother’s surname a few years back. According to my mother, my father had a previous marriage before theirs which I think will render their marriage null and void therefore, changing my status from legitimate to illegitimate. I was able to secure a copy of the marriage contract prior to my mother’s marriage to my biological father from National Statistics Office.

I have used my mother’s surname in my marriage contract as well as my children’s birth certificates wherein they all use my mother’s surname for them not to go through the same confusion as my siblings and I went through. Aside from a not-so-good to hear surname he left us, I don’t think there is nothing beneficial to me nor to my kids in using my father’s surname.

I already have clearances from NBI, police and fiscal to prove that the purpose is not fraudulent nor would prejudice public interest.

Thank you :)

[rudy_arete]

Hi Silakbo,

It is ideal that you are still friends with your child’s father. Sana nga lahat ng cases katulad sayo, for the sake of the child. Para kahit papano, despite nung dinaanan ng parents ng bata, kilala pa rin nya parents nya and mabuti samahan nila. Though syempre, there are exemptions nga na mas makakabuti di na nya makilala ang isang sira ulong tatay or alang kwentang nanay.

It is admirable too that your fiancé is keen on adopting your child but as I’ve mentioned in my earlier posts here, nawawalan na po ng karapatan ang parent na nagpaadopt sa anak nya. You and your husband’s petition for adoption should be supported by your child’s biological father’ consent on the adoption. In essence, the consent says that he is totally giving up his rights as a father to his child. And when the adoption is granted, the law is in effect severing the relationship between the child and the biological father. Kung sakali matuloy nyo ang adoption and this is granted by the court, all rights and responsibilities are transferred to you and your husband as the adopting parents. Pero siguro naman, kahit papano, hindi mo naman ipagkakait na makita pa rin nung biological father ang anak nya. specially kung mabait naman sya and also wishes all the best for your child. Nagkataon lang na di kayo pwede magkatuluyan.

Anyway, I hope everything works out well for you, your husband, your child and your “friend”. :)

[rudy_arete]

Hi vanessagrace,

Congratulations on the upcoming addition to your family. It indeed look like that you’ve got a beautiful family.

With regards to your case, I respect your decision to change your surname specially that you’ve already used your mother’s surname on your marriage certificate and on the birth certificate of your children. I am wondering though how you were able to do that since anyone is required to submit his/her original birth certificate if one wants to get married. And based on your story, your original birth certificate is still under your father’s surname.

I was able to go through some jurisprudence that might be useful to you. You are correct on the fact that your mother’s marriage to your father is null and void since your father was already married prior to his commitment to your mother. The problem is the nullity of their marriage is not automatic or there must be an authority who will declare that their marriage is void. Meaning, their marriage still has to undergo a Judicial Declaration of Nullity or your mother will need to file a petition in court to nullify her marriage on the basis that your father had a previous marriage. To prove such claim, she will use the copy of the previous marriage certificate of your father that you have.

When the court grants the declaration of nullity, then it will be the basis of your petition for change of name. Under the civil code (you are not covered by RA 9255 of 2004 since you are already 36 yrs. old), you will state that you are an illegitimate child and that, "Illegitimate children referred to in Article 287 (under the same civil code) shall bear the surnames of the mother." This rule was reiterated in JORGE BATBATAN vs. LOCAL CIVIL REGISTRAR OF PAGADIAN, (G.R. No. L-33724 November 29, 1982) or (http://www.lawphil.net/judjuris/juri1982/nov1982/gr_l_33724_1982.html).


You can also justify the change of name on the grounds that the change of name is necessary to avoid confusion since your children is already using your mother’s surname while you, as their father has a different surname in your birth certificate. This justification was given weight by the supreme court in MARIA ESTRELLA VERONICA PRIMITIVA DUTERTE vs. REPUBLIC OF THE PHIL. (G.R. No. L-51201 May 29, 1980) or (http://www.lawphil.net/judjuris/juri1980/may1980/gr_51201_1980.html)


You can also emphasize that such change of name will not result to a grave legal consequence since you are not asking to change your surname to the surname any stepfather but to simply adopt your mother’s maiden name. Unlike the case of “REPUBLIC OF THE PHIL. vs. COURT OF APPEALS, ET AL (G.R. No. 88202 December 14, 1998) or (http://www.lawphil.net/judjuris/juri1998/dec1998/gr_88202_1998.html)

I hope I was able to help. Good luck on your petition.

[vanessagrace]

Hi Sir Rudy!

I guess the padrino system here in the phils made it easier for me to use my mother's surname in my marriage certificate.

With regards to the nullity of my parents marriage, i don't think it would help since i am under time constraint, it'll only prolong the process and besides, as an adult I'm filing for the petition to avoid confusion and not for any other reason. My mother is already married and based abroad.

I am sure that the jurisprudence you've provided will surely help me in my petition as well as easier for the OSG not to oppose since there have been reversals and jurisprudence on the said petition granting the petition for change of name. :)

Again, many thanks! :)

[mia_sp77]

Good morning po. I am also a single mom. My son is now 11 yrs. old. The father and I separated when the child was still an infant. His father is now married and has only recently started to provide monthly financial support to our child. My question is a little silly. Pardon my ignorance and please hold the laughter... :) Can I demand for some sort of reimbursement/back pay (hehe) for the child's expenses from birth up to the time he started providing child support? I'm really only asking because, if ever, I would like to give the money to my parents who shouldered most of my child's expenses growing up. Not that they're asking for payment (I'm sure they'd tell me to keep it for the child) but I'm also just really curious if this is possible. Thanks in advance to anyone who will answer...

[rudy_arete]

To vanessagrace:

You are welcome sir. Goodluck again on your petiton and Godbless your family.




To mia_sp77:

I understand where you are coming from. Ok nga sana kung kahit papano eh maibalik naman natin sa parents natin ang mga naitulong nila but considering your situation, you will have to consider a lot of things before thinking of pushing things further.

Technically dear you can demand for reimbursement or the father’s share of your prior expenses. Because child support should start from when the child is born. If you are going to follow the legal process, you will need to file a petition or an action for support to compel the biological father to provide his share of expenses. Meaning, you will need to hire a lawyer and undergo the judicial process. So unless milyon ang halaga ng share nung father na gusto mong ireimburse, it seems impractical to spend a lot of money by suing him to do something na ginagawa na nya ngayon.

The reality dear is that there are a lot of action for support na naigrant ng court pero hindi sinusunod nung party involved. I know at least 2 persons na nanalo sa court and their former partners were asked to provide financial support. But then, kahit nga nanalo sila, madami excuse na pwede ibigay na kesyo hindi kaya ng income nung lalaki na magbigay ng support.. etc. ect.

So kung tutuusin po ay maswerte ka na rin that he is voluntarily giving his share of support to your child. Kung mapag uusapan nyo naman ng maayos, mas maganda po sana. Try to weigh things dear. If asking for more will do more harm than good, then its not a good idea to do so. But if it seems na iniiwasan lang talaga nun ex mo na magbigay kahit kayang kaya naman nya and kung lumalabas na agrabyado na at tinatanggalan na ng right ang anak mo on what is supposed to be due to him, I guess it’s justifiable to fight for your son’s rights.

[mia_sp77]

To mia_sp77:

I understand where you are coming from. Ok nga sana kung kahit papano eh maibalik naman natin sa parents natin ang mga naitulong nila but considering your situation, you will have to consider a lot of things before thinking of pushing things further.

Technically dear you can demand for reimbursement or the father’s share of your prior expenses. Because child support should start from when the child is born. If you are going to follow the legal process, you will need to file a petition or an action for support to compel the biological father to provide his share of expenses. Meaning, you will need to hire a lawyer and undergo the judicial process. So unless milyon ang halaga ng share nung father na gusto mong ireimburse, it seems impractical to spend a lot of money by suing him to do something na ginagawa na nya ngayon.

The reality dear is that there are a lot of action for support na naigrant ng court pero hindi sinusunod nung party involved. I know at least 2 persons na nanalo sa court and their former partners were asked to provide financial support. But then, kahit nga nanalo sila, madami excuse na pwede ibigay na kesyo hindi kaya ng income nung lalaki na magbigay ng support.. etc. ect.

So kung tutuusin po ay maswerte ka na rin that he is voluntarily giving his share of support to your child. Kung mapag uusapan nyo naman ng maayos, mas maganda po sana. Try to weigh things dear. If asking for more will do more harm than good, then its not a good idea to do so. But if it seems na iniiwasan lang talaga nun ex mo na magbigay kahit kayang kaya naman nya and kung lumalabas na agrabyado na at tinatanggalan na ng right ang anak mo on what is supposed to be due to him, I guess it’s justifiable to fight for your son’s rights.

Thanks po sa reply. actually, ok na sana sa akin that he's voluntarily giving support to our child (kahit sobrang delayed na!). Clarify ko lang din sana: Ano po ba dapat yung covered ng monthy support from the father? Should his monthly support cover all the expenses of the child or hati rin kami sa expenses? I know he can afford to support the child because he works in a ship (high rank). Trouble is, he won't divulge how much he really makes! Natatakot siguro na if I find out how much he makes I might demand more for the kid. :) Anyway, thanks po ulit...

[rudy_arete]

Based on the experience of a friend of mine, yung court ang nagdetermine kung magkano ang dapat support nung father sa bata based on the actual needs of the child in terms of food, school expenses, vitamins, other medical needs. It was also dependent kung kaya ng father ibigay ang halaga nung mga yun based sa kinikita nya. But it doesn’t mean na dahil mas malaki ang kinikita nya, dapat sobra sobra din ang ibibigay sa bata. The basic rule on that case was that the child support must be reasonable and enough to raise the child comfortably.

I’m not really familiar with how it is computed but I’m certain that the mother also has an obligation to support her child especially since your son is in your custody.

[mia_sp77]

Based on the experience of a friend of mine, yung court ang nagdetermine kung magkano ang dapat support nung father sa bata based on the actual needs of the child in terms of food, school expenses, vitamins, other medical needs. It was also dependent kung kaya ng father ibigay ang halaga nung mga yun based sa kinikita nya. But it doesn’t mean na dahil mas malaki ang kinikita nya, dapat sobra sobra din ang ibibigay sa bata. The basic rule on that case was that the child support must be reasonable and enough to raise the child comfortably.

I’m not really familiar with how it is computed but I’m certain that the mother also has an obligation to support her child especially since your son is in your custody.

thanks again for the reply. i guess dapat may malinaw na usapan na lang kami nung father para no need to go to court. anyway, what's important is tumutulong na sya ngayon and siguro pray na lang na tuloy tuloy na... thanks po ulit for your help:)

[rudy_arete]

You're welcome.. :)

[Slake]

reading matters like these make me sad, especially for the children.

all these legal aspects like adoption of a child and losing one's right to your child when you decide to give your child away for adoption to another person, and everything that goes with it, it's like signing a deed of sale. it feels bad because our children are not trade goods. adoption papers cannot effaced the fact that they are still our children and we are still their parents. no law can ever erase that fact..

the laws of man is indeed far different from the laws of God.

please don't mind me. i just feel sad for the our children.

[lonesome_heart]

well sakin iba naman situation ko,but hindi naman ganun kabigat.....

[rudy_arete]

reading matters like these make me sad, especially for the children.

all these legal aspects like adoption of a child and losing one's right to your child when you decide to give your child away for adoption to another person, and everything that goes with it, it's like signing a deed of sale. it feels bad because our children are not trade goods. adoption papers cannot effaced the fact that they are still our children and we are still their parents. no law can ever erase that fact..

the laws of man is indeed far different from the laws of God.

please don't mind me. i just feel sad for the our children.


Yes dear, I do understand how you feel. Especially for a mother like you. I too felt bad and very uncomfortable when my lawyer explained the consequences of adoption. Nobody can ever match the miracle when a mother gives life to her child and no law created by man should challenge the love that a parent has for his/her child.

But then again after giving it some thought and after reviewing other cases of disputes that involve custody of the children, I had a better sense of what the law is really for.

While the words or provisions of the law sounds like signing a deed of sale of your child, the ultimate objective really is to protect the child and choose an option that is in the best interest of the child. We need to accept that we live in an imperfect world where ironically, we as adults who are supposed to know what is best for our children cannot get our acts together. Oftentimes, one or both parents messes up their lives at the expense of the family and the children. And the state, through its laws, tries to protect the children from the ill effects of such family breakdown.

The law dear do recognize that a child is indeed not a commodity that can be given away by a parent whenever it suits them or whenever they think it is necessary. May mga nagtanong na po sakin kung pwede daw ba “ipaubaya” na lang ang anak nila sa isang kamaganak na mas makakapag pabuti sa buhay ng bata. They technically want to give their child away through an “unofficial” adoption. Basta usapan na lang.

Ito po ay hindi pinapayagan ng batas. Kinikilala ng batas na ang bata ay hindi tulad ng isang gamit na maaari mong ipamana sa kung sinong nanaisin mo. One is required to undergo the legal evaluation process if one wishes to give up her/his child for adoption. The adoption process imposes certain conditions for such petition. The court evaluates, through a long process of investigation, if why the adoption should be denied or granted. And as I’ve mentioned, the decision will be based on which could serve the best interest of the child. The law of course is not perfect. Our processes are far from being ideal and madalas, mahirap talaga lunukin. But in most cases, it does give our children a fighting chance especially at that point in their lives that they cannot speak for themselves yet.

[tet0118]

i just became a single mom recently, last oct, and my dilema is that my parents used our surname in registering my daughter even if she was acknowledged by her father (he signed at the back of the certificate and gave his cedula details). my parents did this unknowing that my daughter will not have a middle name. upon knowing this, we decided (me, the dad and parents) to have it changed to the dad's surname but i dont want to just have her late registered. can anybody please help me out on how to do this. we wanted sana to have it changed before she gets christened to avoid anymore complications. by the way, dad cant adopt her (no go for me) and we cant get married.

[rudy_arete]

Hi tet,

As per my last reply to your PM, there seems to be an error on the part of the Local Civil Registrar in your place. If your daughter's father signed at the back of the birth certificate complete with his cedula details, your dauther is supposed to be named after him.

I'm certain of this because we had an argument before with one of the local civil registrar. My friend wanted to indicate the father's name in her child's birth certificate and he indeed signed it but my friend wants her child to carry her surname. Gusto lang kasi nya nakalagay lang ang pangalan ng tatay ng anak nya sa birth certificate for reference pero surname pa rin nya gagamitin ng bata. Hindi pumayag ang local civil registrar. They explained that if there are information indicated in the "Father's Info" section of the birth certificate, the computer automatically inputs the child's surname after his/her father.

Try to point this out to your local civil registrar. My only concern is that they will say na nainput na sa computer sa NSO main office. It's their fault too anyway, let us see kung ano suggest nila.

[rudy_arete]

To all single mothers here:

Before thinking of changing your child's surname or even before pa ipanganak ang baby, try to really think na rin po if what situation will really suit you in terms of kung kanino pangalan isusunod ang bata.

The ADVANTAGES when the child carries his/her biological father's surname are the following:
1) Established ang rights nung bata as an illegitimate child. He/she is entitled to financial support and kung mangyari man sa biological father, the child has the legal right na magkaroon din ng share sa properties na maiiwan nung father.
2) The child has a complete middle and last name. Kahit papano, maayos ang pangalan nung bata. Unlike kung mother's surname lang, mas malinaw ang stigma ng pagiging illigitimate child since the child has no middle name. Tipong lagi na lang kelangan mag explain ng bata kung bakit wala sya middle name.

The "DISADVANTAGES" of using the father's surname are:
1) The mother is "obliged" to give the father some visitation rights. Since acknowleged nga yung bata, malinaw na dapat may right din ang father na makasama ang bata. Mahirap ito pag hindi magkasundo ang biological parents ng bata.

2) If may plano mag abroad ang mother kasama anak nya. The mother will need to get the father's consent. I'm not sure but I was informed na pati sa pagkuha ng passport, kelangan pa ng consent nung father since the child is using his surname.

3) Like the case of one of our PEXter here, Pag nag asawa na ng iba ang mother and her husband decides to adopt the child para maayos na ang surname, kailangan pa ng consent ng biological father with regards sa adoption. Mahirap pag hindi pumayag ang biological father. Hindi magagamit ng bata ang surname ng stepfather nya. So pag nagkaroon sya ng kapatid, iba ang surname ng mga kapatid nya. Plus, illegitimate pa rin sya samantalang yung mga kapatid nya ay legitimate na. Unlike when the child is using only his/her mother's surname, ang kailangan lang ay ang consent ng mother.

[Slake]

Yes dear, I do understand how you feel. Especially for a mother like you. I too felt bad and very uncomfortable when my lawyer explained the consequences of adoption. Nobody can ever match the miracle when a mother gives life to her child and no law created by man should challenge the love that a parent has for his/her child.

true enough...

[planggacious]

i'm sorry nawala ako for awhile... but am back, and apparently, i missed a lot. but of course, resident paralegal rudy handled everything well (actually aaminin kong mas magaling sya mag-explain than me. so no loss that i was absent for awhile.)! mag-law school ka na kasi!!!

just in case some posters see this:

-RA 9255 might have been passed in 2004, but correct me if i'm wrong, i believe it should apply retroactively. meaning: lahat ng batang pinanganak after the family code came into effect can use 9255 as basis for having the child use the surname of the father as long as he issues an acknowledgement of paternity

-re annulment: matagal, magastos, magulo. PM me if you're really interested. or go to your nearest PAO lawyer for help.

-as long as the father acknowledges paternity, it is the DUTY of the civil registry to register the child according to what is contained in the birth certificate. whether the father can COMPEL the registration of the child under his name, i think YES, he can. there's nothing in the law that says that the mother should give consent. and klaro, if the father issues an acknowledgment of paternity, pwede na gamitin ng anak nya yung apelyido nya.

-although 9255 is clear that the mother of an illegitimate child exercises parental authority over the child, madaming provisions under the family code that the PARENTS have joint parental authority over the child. whether or not you're married, the mother & the father has the joint right to exercise parental authority and the join duty to provide support, etc, etc.

over & out.

[rudy_arete]

Welcome back Atty. Planggacious! Oo nga, namiss ka namin, tagal mo nawala. Andami na yata kliyente mo ah, masyado busy.. hehe.. :) Well anyway, thanks for the vote of confidence. After nga po nitong Phd ko, promise, isusunod ko na ang law school para makadagdag na ako sa PAO. hehe.. ;)

With regards to the well renowned RA 9255, yes you are correct. I have reviewed the Rules and Regulations governing the implementation of RA 9255 (http://www.census.gov.ph/data/civilreg/irr_ra9255.html) and yes indeed, Rule 1.1 states that “These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255”.

So there you go TET0118. If in case hindi na mahabol yung birth certificate ng daughter mo, nothing to worry. You can still have it changed. All you need is a public document executed by the father such as the Affidavit of admission of Paternity or the Affidavit of Acknowledgment. But then, as I’ve recently explained, be sure you really want your daughter to use her father’s surname. Baka naman po pagdating ng oras eh problemahin mo din yung pagbabalik sa surname mo like our other pexter here.

May problem lang po ako Atty. dun sa last 2 message mo:

..whether the father can COMPEL the registration of the child under his name, i think YES, he can. there's nothing in the law that says that the mother should give consent.
I remember asking this from your Panyeros that I know. And I seem to agree with their explanation. The consent really is necessary since:
1) Malinaw nga daw po dun sa Art. 176 of the Family code, pati na rin dun sa RA 9255 that “illegitimate children shall be under the parental authority of the mother.” (As I’ve mentioned in my Page 1, Sept. 18, 2008 post in this thread)

2) The local civil registrar requires the mother to also sign at the back of the birth certificate of her illegitimate child if she consent to the father acknowledgement of paternity.

3) Papano kung sabihin ng mother na “Bakit ba mapilit ka na gamitin ng anak ko ang apelyido mo eh hindi naman ikaw ang tatay! Hindi ikaw! HINDE!” (so kelangan talaga payag ang nanay, mahirap makipagtalo na ikaw nga ang tatay)

-although 9255 is clear that the mother of an illegitimate child exercises parental authority over the child, madaming provisions under the family code that the PARENTS have joint parental authority over the child. whether or not you're married, the mother & the father has the joint right to exercise parental authority and the join duty to provide support, etc, etc.
Maybe Atty. you could please provide us with those other provisions which allow the joint parental authority. Because as I’ve mentioned, what we have is 176 of the Family code, RA 9255 and the SC decision (in my page 1, Sept 20, 2008 post in this thread) which reiterates that
“An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. … … "

Marami pong salamat. Please do visit us again here.

[yreyes]

hi there! i didnt know may ganitong thread na pala, kudos to you guys!

[rudy_arete]

Thank you ms YREYES.

I'm wishing everyone here a Blessed Christmas and a Prosperous New Year! Let us continue to support each other… May our Heavenly Father continue to bless us with kindness and may He continue to embrace our children within the cradle of His love.

[chiqbonez]

rudy,

sorry i wasn't able to read your last reply, ngayon lang talaga. :) Regarding my case po ulit, may nakausap kasi akong friend and sinabi niya na pwede pa gawan ng paraan kung hindi pa narehistro si baby sa city hall. Sa makati ako nakatira and pinanganak ko ang bata sa Novaliches, Lying in lang. I have my copy of my child's birth certificate pero I am not sure kung naendorse na sya sa NSO stuffs like that. Hindi ko kasi alam pano iche-check. If ever na hindi pa narehistro ang kid ko, is there a bigger chance for him to use my maiden name instead, kahit hindi na surname ng husband ko? Or do we still have to undergo judicial process?

Sa totoo lang I wanted to try na ipa-late registration na lang kasi for sure hindi na hahabol ang biological father niya. Sobrang hassle kasi kung idadaan pa sa adoption. Wala din kasing malaking budget.

Pano po ba ang process ng adoption by the way? Kasi, if that's the only way, wala na ko magagawa. Malapit na kasi magschool si baby ko. Gusto ko maayos na lahat before he starts schooling. Thanks in advance po.

[rudy_arete]

Hi chiqbonez,

Normally, basta naisubmit mo na sa city hall ang birth certificate ng baby mo, they forward it to the NSO immediately for filling. Para macheck mo, try to request for an authenticated copy of your child's birth certificate from the NSO na mismo. If lumabas sa records nila na wala pa naka file na birth certificate ang baby mo then yes, pwede ka magpa late registration and ang ilalagay mo na surname ng baby mo is yung maiden name mo.

I have posted the process of adoption sa first page ng thread na to.

[charsehl]

i have 1 year old baby boy, single m0m.. Gusto ko lang po malaman if ever na makapagabroad po ako may right po ba na *** biological father nya ang magaalaga ng baby namin? :grrr:

[slickdevil]

question, paano po yun hierarchy kung sino yun pwedeng mag-alaga sa bata if ever mamatay yun nanay niya? is it the parents of the mother or the biological father of the baby? hindi kasal yun parents nun baby.. thanks..

[morian_uryviel]

hello! ang useful naman ng thread na to, i've read through this thread, pero hindi pa rin ako kontento sa answers kasi walang kapareho sa dilemma ko senxa po if nasagot na *** tanong ko

i gave birth last jan 2 to a baby boy. ang problem ko now is the baby's daddy is abroad and won't be coming home until july/aug this year.

i don't want to file for late registration kasi i need the baby's birth cert for SSS and healthcard purposes.

is it possible for me to just send the daddy the birth cert and have him sign? enough na po ba yun or we still need a notarized affidavit or something... nung nasa hospital po kasi ako sinulat ko na surname ng baby is yung sa daddy nya...

we're planning on getting married naman pag uwi nya

[rudy_arete]

To CHARSEHL:
If ever makapag abroad ang mother ng bata, basically ay desisyon ng mother kung kanino nya ihahabilin ang bata, whether sa lolo at lola or sa biological father nung bata. Pag sa parents nung mother inihabilin ang bata, meron pa rin naman visitation rights ang biological father pero hindi nangangahulugan na pwede na nya kunin ang bata dahil wala ang mother. Hindi naman kasi nangangahulugan na nawawala ang karapatan ng ina or inabandon na ang bata if nag abroad ang mother. Maaring dahil lang sa work or vacation. Maari lang magkaron ng chance ang biological father to petition for custody if proven na pinapabayaan ang bata or maltreated in any way.


To SLICKDEVIL:
The parents of the biological mother will be granted custody of the child in case the mother dies since hindi nga kasal ang biological parents. This is the same in adoption cases like sa case ko. I’ve adopted my biological daughter to be granted custody. Now, if something happens to me, my daughter will NOT go back to her biological mother but she will then be under the custody of my parents.


To MORIAN_URYVIEL
Yes, I believe you can do that. That is just a simple internal administrative process, no need for additional notarized affidavit or something. You can simply send the birth certificate and have the biological father sign the acknowledgment at the back. But your son will remain illegitimate unless you submit your marriage certificate to the civil registrar after your wedding.

[BusyBoy]

need advice on this case:

my sister is a single parent she has a 12 yr old illegitimate son. the father acknowledged in my nephew's bc but that was all there is to it as he swiftly disappeared on my sister since then. in effect my sister raised my nephew alone.

now the thing is, my single parent sister will migrate to canada with my nephew and she was told by the immigration case officer that she must provide a child custody paper or court order stating her full custody of her child or a written consent by the father allowing my nephew to permnently leave philippines.


what she did was....obtained a solo parent i.d at dswd and the solo parent bill notarized plus a copy of notarized website link of dswd faq on travel permit on child stating that mother has sole parental authority over illegitimate son...

while canada's stand on child custody will respect the law of an applicant's country.

do you think this is enough? what else is best action for her to do without the court order and consent thing...please advise .

[rudy_arete]

As I've mentioned repeatedy from the start of this thread, I' not a lawyer... But I hope I was able to help others here...

To Busyboy: We have one lawyer here, Atty. Planggacious, who drops by sometimes... sige po, let us just wait for her, she might visit us again

[charsehl]

thanks po sa info.. ask pa po ako isa kung nasa abroad po ang biological father ng anak ko, may visitation rights din po ba yung family nung biological father?

[BusyBoy]

thanks for the response rudy. will await answers.

regards,

[chiqbonez]

Hi chiqbonez,

Normally, basta naisubmit mo na sa city hall ang birth certificate ng baby mo, they forward it to the NSO immediately for filling. Para macheck mo, try to request for an authenticated copy of your child's birth certificate from the NSO na mismo. If lumabas sa records nila na wala pa naka file na birth certificate ang baby mo then yes, pwede ka magpa late registration and ang ilalagay mo na surname ng baby mo is yung maiden name mo.

I have posted the process of adoption sa first page ng thread na to.

Thanks for that rudy.. I just have one question, kapag nakuha na ng magulang ang birth certificate ng baby nia from the hospital,or in my case, lying in, naparehistro na ba sya sa cityhall ng hospital/lying in? is it already endorsed by the hospital/lying in to the city hall or parents talaga ang magdadala ng BC nia para maparehistro?

hindi ko pa kc nadadala ang birth certificate ng kid ko sa city hall. Kung ganun po, mas madali ko mapapa-late register ang baby ko.

[Giv&Tak]

if doctors have specialization like cardiology, dermatology, gastroenterology, pulmonology & other ology, is it the same for
lawyers. pardon my ignorance on this.
like may lawyer ba who
specialize on Real Property matters kasi madami ng nanloloko, from developers themselves minsan to brokers/agents. Good kung mamera o thousands lang involve. And I guess, more so now we're experiencing financial crisis. Add pa dito yong ibang govt.agencies
to deal with esp. pag nagiisa naglalakad, walang witness sa mga hidden deals.

sorry if i am in the wrong thread. i just saw "legal matters" kaya nakapagpost ako. thanks to rudy and to the 2 lawyers for their UNSELFISHNESS. may your tribe increase. God Bless!

[rudy_arete]

thanks po sa info.. ask pa po ako isa kung nasa abroad po ang biological father ng anak ko, may visitation rights din po ba yung family nung biological father?


Ayon po sa paliwanag ng ating mga consultant, may karapatan ang mga grandparents for visitation rights as substitute nung father na nasa abroad Kung kasal ang magulang nung bata. But in your case, since hindi nga kayo kasal, maaaring mag request ang family nung bilogical father for visitation rights pero hindi ito mandatory, so discretion ng mother kung ipapahiram nya or hindi.

As a parent myself, kung maayos naman ang pakikitungo nung family nung biological father and they are really keen on seeing your child kahit minsan lang, I would encourage na ipakilala mo na rin. Paglaki din naman kasi ng bata, makikilala din nya eventually yung family na yun. But if you think na makakagulo pa sa bata in any way kung makikita nya pa yung family, then it's your call to deny them of visitation rights.

[rudy_arete]

Thanks for that rudy.. I just have one question, kapag nakuha na ng magulang ang birth certificate ng baby nia from the hospital,or in my case, lying in, naparehistro na ba sya sa cityhall ng hospital/lying in? is it already endorsed by the hospital/lying in to the city hall or parents talaga ang magdadala ng BC nia para maparehistro?

hindi ko pa kc nadadala ang birth certificate ng kid ko sa city hall. Kung ganun po, mas madali ko mapapa-late register ang baby ko.

Normally po ay parents ng magulang ang nagsusubmit ng birth certificate sa city hall. So kung sinasabi mo na hawak mo pa rin ang birth cert ng anak mo, malamang ay wala pa talagang birth certificate ang anak mo na nakafile either sa City Hall or sa NSO.

Hindi lang mapapadali but kailangan mo na i pa late register ang anak mo para magkaroon na sya ng birth certificate. Itabi mo na lang ang unang birth certificate nung anak mo then humingi ka na lang ng bagong form dun sa lying in clinic kung saan ka nanganak at papirmahan mo ulit dun sa taong nagpaanak sayo. Sabihin mo na lang na nawala or nabuhusan ng tubig yung una mong form. But make sure na ang ilalagay nilang surname ng anak mo ay yung maiden surname mo na. Bale walang middle name ang anak mo and N.A. ang nakalagay sa box nung father's information.

[rudy_arete]

if doctors have specialization like cardiology, dermatology, gastroenterology, pulmonology & other ology, is it the same for
lawyers. pardon my ignorance on this.
like may lawyer ba who
specialize on Real Property matters kasi madami ng nanloloko, from developers themselves minsan to brokers/agents. Good kung mamera o thousands lang involve. And I guess, more so now we're experiencing financial crisis. Add pa dito yong ibang govt.agencies
to deal with esp. pag nagiisa naglalakad, walang witness sa mga hidden deals.

sorry if i am in the wrong thread. i just saw "legal matters" kaya nakapagpost ako. thanks to rudy and to the 2 lawyers for their UNSELFISHNESS. may your tribe increase. God Bless!


Basically kasi, lawyers can handle any case pero nagkakaroon sila ng field of specialization kung sa isang area ng mga kaso lang sila nagcoconcentrate. Meaning, iisang klase lang halos ng kaso ang hinahawakan ng isang lawyer wherein he/she gains more experience, conducts further reading and is updated with latest jurisprudence on that field (such as family cases, labor related or corporate cases). Lawyers can also take master’s degree but it is not the same as the kind of specialization that doctors take. It is still the line of cases that the lawyer practices that kindda determines his/her line of specialization.

[watzupwidju]

ako din naman, ill become a single mom in 2 months time.. kasi ayaw ako panindigan ng tatay ng anak ko, but eto lang masasabi ko.. give due respect to your kids.. give them real names.. and a real name is consist of first, middle, last name.. to the mommies there, wag pairalin ang galit sa mga tatay thru sa ganitong paraan..isipin nyo ang discrimination na mararanasan ng anak nyo pag first and last name lang meron sya.. respeto lang po.. im sure u dont want them to experience these things when they grow up.. ok?? just let God work in your lives!

[sweetwahm]

Ey rudy! Just to update you...

my sis and her husband are filly starting the adoption process for my sis' daughter. They have a good lawyer so hopefully, things will go smoothly. Sa haba pa ba naman ng process (and the expense that it entails) patibayan nalang to. :glee:

Will keep you posted. If you recall, my neice is in elementary na, 2nd grade. They were convinced to push thru because ... oo nga naman, the earlier, the better, the less hassle with all the legal paperwork that goes with it!

[rudy_arete]

ako din naman, ill become a single mom in 2 months time.. kasi ayaw ako panindigan ng tatay ng anak ko, but eto lang masasabi ko.. give due respect to your kids.. give them real names.. and a real name is consist of first, middle, last name.. to the mommies there, wag pairalin ang galit sa mga tatay thru sa ganitong paraan..isipin nyo ang discrimination na mararanasan ng anak nyo pag first and last name lang meron sya.. respeto lang po.. im sure u dont want them to experience these things when they grow up.. ok?? just let God work in your lives!

Hello watzupwidju,

Congratulations on your imminent mommyhood! With your great outlook in life and principles, I’m sure you’ll be a great mother.

But dear, let me clear some things in fairness naman po dun sa ibang mother and sa akin na rin. Our law po kasi is crafted in a way that single mothers have no choice but to give their child their surname kapag hindi acknowledged nung biological father ang bata. And in most cases, like yours as you’ve mentioned, hindi pinapanindigan nung father ang bata. In this case wala po talagang middle name ang bata. Dahil kahit mag asawa ng iba ang mother, hindi pwedeng gamitin ng bata ang surname nung stepfather unless mag undergo ng adoption. Hindi rin naman pwedeng gamitin ng bata ang middle name ng mother. Mali po ito dahil considered na magkapatid ang mother at ang bata kapag pareho sila middle name and surname. In my case, since I’ve adopted my own daughter, she is using my surname and wala na syang middle name. This is the law, hindi po ako ang nag utos sa NSO na tanggalin ang middle name ng anak ko, if given the choice, I would’ve opted to have my daughter use her mother’s surname as her middle name for the same reasons that you’ve mentioned.

Pag dating naman po sa choice, hindi lang kasi galit ang dapat isipin ng isang single mother when it comes to the decision if whether she will let her child use the biological father’s surname or not. As I’ve explained in my November 26, 2008 post (last entry on page 4) in this thread, there are some situations in the future that will depend on whether or not your child is carrying his/her father’s surname. You need to think about these issues. Issues on financial support, visitation rights, going abroad, adoption, etc. etc.. So for you dear, it’s a good start that you do wish to give your child a complete name. But being a single parent is well beyond that and there are things in the future that you should be more worried about. In as much as we want to protect our children against any kind of discrimination, we cannot protect them all the time. I believe that what they really need is to learn how to accept who they are and be happy about it. Because he/she knows that they have a mother like you who loves him/her unconditionally regardless of whatever name he/she has, complete or incomplete.

[rudy_arete]

Ey rudy! Just to update you...

my sis and her husband are filly starting the adoption process for my sis' daughter. They have a good lawyer so hopefully, things will go smoothly. Sa haba pa ba naman ng process (and the expense that it entails) patibayan nalang to. :glee:

Will keep you posted. If you recall, my neice is in elementary na, 2nd grade. They were convinced to push thru because ... oo nga naman, the earlier, the better, the less hassle with all the legal paperwork that goes with it!


Good for your sister! I’m happy for them specially for your niece. I do hope that things will indeed run smoothly. Tell your sister na tyaga lang. Medyo matagal nga ang process but its gonna be worth it. Dagdagan lang ang prayers.

Thanks for the update!

[sweetwahm]

^^ thanks rudy! Oo nga eh... i hope things will go well -- ang fast! Actually, the real dad is just around, meaning we know where to find him, though we don't intend to have anything to do with him at all. I'm just hoping he won't cause any trouble.. though his name doesn't appear on the birth cert, well, mas mabuti nang less ang gulo. At para hindi na rin ma stress ang bata.

Buti nga nakapag meet na at nakapagsimula na sila sa lawyer. My gosh, these two... all the intentions are there, ang slow nga lang! I mean that in a good way, of course. You really have to prod them, albeit gently. Eh nakaka high blood lang minsan eh... at baka naman isipin ng BIL ko na ako lang me gusto nito at may hidden agenda ako for my niece's sake. :glee: My BIL and his family are well off, they're good people, and I guess it's a plus considering that the adoption process will cost some money. Kung hindi mo kasi i-nudge, di ata kikilos tong kapatid at BIL ko, hay! Well, at least things are finally moving.

[mihaila]

To SLICKDEVIL:
The parents of the biological mother will be granted custody of the child in case the mother dies since hindi nga kasal ang biological parents.


hi rudy,

i want to know if this also holds true if the biological father acknowledged the baby. my daughter uses his surname although we're not married, and no longer have any communication. this is the main concern of my mom should anything happen to me.
please advice. thanks! :)

[rudy_arete]

Hi mihaila,

Tell the loving lola not to worry. Sa listahan naman ng may karapatan sa anak mo, your parents are the ones next to you pag may nangyari sayo. Or custody of a child will go to the parents of the biological mother pag hindi kasal ang parents ng bata in case may mangyari sa biological mother kahit pa surname nung father ang ginagamit ng bata.

[rudy_arete]

^^ thanks rudy! Oo nga eh... i hope things will go well -- ang fast! Actually, the real dad is just around, meaning we know where to find him, though we don't intend to have anything to do with him at all. I'm just hoping he won't cause any trouble.. though his name doesn't appear on the birth cert, well, mas mabuti nang less ang gulo. At para hindi na rin ma stress ang bata.

Buti nga nakapag meet na at nakapagsimula na sila sa lawyer. My gosh, these two... all the intentions are there, ang slow nga lang! I mean that in a good way, of course. You really have to prod them, albeit gently. Eh nakaka high blood lang minsan eh... at baka naman isipin ng BIL ko na ako lang me gusto nito at may hidden agenda ako for my niece's sake. :glee: My BIL and his family are well off, they're good people, and I guess it's a plus considering that the adoption process will cost some money. Kung hindi mo kasi i-nudge, di ata kikilos tong kapatid at BIL ko, hay! Well, at least things are finally moving.



I believe mas mapapadali yung sa kanila kasi nga hindi naman acknowledged nung bilogocal father.. no need for his consent or whatsover. Ingat lang kamo sila sa during the processing of the case, there are some court staff kasi na nanamantala since alam nila na gusto nung adopting parents na matapos agad ang kaso.

[mihaila]

thanks rudy!

follow up question lang po. pwede po ba malaman kung ano yung hierarchy ng custody? after the mother's parents, sino po ang susunod na mabibigyan ng custody? is it the mother's siblings? at what point/instance will the biological father be given custody of the child, assuming that everyone is fit to take care of the child?thanks again for all your help! *okay*

[sheryllb]

Hi,

I have the same concern as mihaila's. My illegitimate son uses the surname of his father. I'm worried as well if anything happens to me na mapunta sya sa ama nya. And since you said that my parents have the right of custody, nakahinga ako ng maluwag.

Pero pwde ko ba ipa-adopt ang son ko sa kapatid ko sakali ngang may mangyari sa akin? My parents are old as well, mahihirapan na din sila mag alaga ng bata. Can i do this?

Please advise.

Salamat.

[keempoy]

any single moms here?:D

[whiskeysugar]

hi po sa lahat...it reallly take me a long time na maisipan *** legal matters regarding sa support dat i will get sa father ng baby ko.sbihin na tin sa sobrang galit ko sa knya sa lahat ng ginwa nya sakin..ngkaroon *** po tlaga me ng lakas ng loob ng mabasa ko ang thread na to at nakita ko *** website na to.. sana po matulungan nyo ako regarding dito at sana po alive pa ang thread na to...:rotflmao:
...i'm a single mom,i was 3 mos.pregnant ng *** na kming total communication ng father ng baby ko kc last *** ng usap sbi nya"hindi nya akong kayang panagutan kc di pa sya aready""(at dat tym were both working in taiwan)umuwi *** ako kc bawal manganak dun pg contract worker ka..and den dat tym der r signs na talaga na *** syang plans sa ipinagbubuntis ko..dat tym i give birth sa baby ko..sinunod ko po *** apelyido nya sakin ksi at dat tym wala po akong assurance na pipirmahan nga nya *** "paternal acknowledgment "*** nasa likod po ng birth certificate ng bata.at ayoko png mghintay sa wala kc ayoko rin ma delay2x *** birth certificate ng bata..during ng pagbubuntis ko..ng eemail pa ko sa knya trying to keep in touch na sana maisipan nya *** ng anak nya at tsaka kc di ko rin alam kung narereceive nga nya mga email ko pero im sure receive nya di ko *** alam if binabasa nya kc "return to sender nmn yan di ba pg di na exist *** email add nya..so i presume receive nya kc *** mn akong natatanggap na bumabalik ng email ko sa knya..but lahat ng un wlang reply from him..as in dedma to death!!!:grrr::grrr:
..***** po 2 years old na *** baby nmin..dedma pa rin sya although alam na ng pamilya nya but *** po akong communication sa parents nya *** mga tita nya *** po at bro at mga pinsan nya..
..ask ko *** po...
....may habol pa ba *** sa knya nga anak ko **** hindi nya surname *** dinadala nga baby ko????
..ang gusto ko *** nmn po kc makilala nya *** baby ko kc **** po hirap ako sa financial binubuhay ko pa rin baby ko..but masakit sa part ko na malayo sa kin baby ko eversince i give birth to her kc need ko mgwork dito sa cebu sya nmn nsa province nmn sa negros *** parents ko alaga sa knya..pg special occasions *** *** ngkikita.
..at tsaka regarding po dun sa dna testing para malaman tlaga na sya *** father nga anak ko,pwde ko bang gawin un.??.kc at dat tym na sinabi kong buntis ako,sinabi nya kc sa kin na ipabloodtest nya daw *** baby pglabas..:grrr::grrr:nku sa galit ko sa knya,sinabi ko na mg ipon sya ng pera..ipa dna test nya *** bata!!!..
..salamat po sa thread na to at marami po akong nbasa dito na alam kung makaktulong sakin..at dito ko na feel na hindi *** pala ako ang ng sasuffer ng gnitong cases..
..salamat din pala sa mga mg post dito regarding sa mga steps sa pghingi ng financial support sa father ng anak ..

salamat po at sana malinawan ako regarding sa situation ko..

[fqtprt]

hi po sa lahat...it reallly take me a long time na maisipan *** legal matters regarding sa support dat i will get sa father ng baby ko.sbihin na tin sa sobrang galit ko sa knya sa lahat ng ginwa nya sakin..ngkaroon *** po tlaga me ng lakas ng loob ng mabasa ko ang thread na to at nakita ko *** website na to.. sana po matulungan nyo ako regarding dito at sana po alive pa ang thread na to...:rotflmao:
...i'm a single mom,i was 3 mos.pregnant ng *** na kming total communication ng father ng baby ko kc last *** ng usap sbi nya"hindi nya akong kayang panagutan kc di pa sya aready""(at dat tym were both working in taiwan)umuwi *** ako kc bawal manganak dun pg contract worker ka..and den dat tym der r signs na talaga na *** syang plans sa ipinagbubuntis ko..dat tym i give birth sa baby ko..sinunod ko po *** apelyido nya sakin ksi at dat tym wala po akong assurance na pipirmahan nga nya *** "paternal acknowledgment "*** nasa likod po ng birth certificate ng bata.at ayoko png mghintay sa wala kc ayoko rin ma delay2x *** birth certificate ng bata..during ng pagbubuntis ko..ng eemail pa ko sa knya trying to keep in touch na sana maisipan nya *** ng anak nya at tsaka kc di ko rin alam kung narereceive nga nya mga email ko pero im sure receive nya di ko *** alam if binabasa nya kc "return to sender nmn yan di ba pg di na exist *** email add nya..so i presume receive nya kc *** mn akong natatanggap na bumabalik ng email ko sa knya..but lahat ng un wlang reply from him..as in dedma to death!!!:grrr::grrr:
..***** po 2 years old na *** baby nmin..dedma pa rin sya although alam na ng pamilya nya but *** po akong communication sa parents nya *** mga tita nya *** po at bro at mga pinsan nya..
..ask ko *** po...
....may habol pa ba *** sa knya nga anak ko **** hindi nya surname *** dinadala nga baby ko????
..ang gusto ko *** nmn po kc makilala nya *** baby ko kc **** po hirap ako sa financial binubuhay ko pa rin baby ko..but masakit sa part ko na malayo sa kin baby ko eversince i give birth to her kc need ko mgwork dito sa cebu sya nmn nsa province nmn sa negros *** parents ko alaga sa knya..pg special occasions *** *** ngkikita.
..at tsaka regarding po dun sa dna testing para malaman tlaga na sya *** father nga anak ko,pwde ko bang gawin un.??.kc at dat tym na sinabi kong buntis ako,sinabi nya kc sa kin na ipabloodtest nya daw *** baby pglabas..:grrr::grrr:nku sa galit ko sa knya,sinabi ko na mg ipon sya ng pera..ipa dna test nya *** bata!!!..
..salamat po sa thread na to at marami po akong nbasa dito na alam kung makaktulong sakin..at dito ko na feel na hindi *** pala ako ang ng sasuffer ng gnitong cases..
..salamat din pala sa mga mg post dito regarding sa mga steps sa pghingi ng financial support sa father ng anak ..

salamat po at sana malinawan ako regarding sa situation ko..


Hello. I'll try to help.

According to you, surname mo gamit ni baby but you wanted na makilala ni baby ang father niya on order to, at least, get support.

Re surname - You are correct in giving your baby your surname kasi yan naman talaga ang required ng batas. Apparently, hindi nga nakapirma ang father sa birth certificate.

Re support - Under our laws, the parents and their illegitimate children are obliged to support each other.

If the father is not sure kung anak niya si baby, then I would suggest a dna testing. Acceptable na sa atin ang result ng dna kung tama ang proseso. Kung lalabas na ank niya talaga, then, with more reason na si baby is entitled to support from the father. After that, the father, if he wishes to have his name indicated in item 13 of the Certificate of Live Birth, he shall execute an affidavit of Admission of Paternity in lieu of the affidavit of aknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dated October 11, 1988)

If the father refuses to give support or undergo dna testing, you can file a Petition for Support in court with prayer for the issuance of DNA Testing Order para ma-compel yung father na magpa-dna. Yun nga lang you need to get a lawyer for this.

[whiskeysugar]

wow...:):)..bilis nmn po ng reply ..thanks po ng marami.*okay**okay*

...ginamit ko talaga po *** surname ko kc iniisip ko tlaga dti need ko po un sa pg avail ng mga sss,pag ibig,insurances..etc..na ma aavail ko sa work nmin..no regrets po pgdating sa aspect na to!!!

salamat po ng marami...sana po marami png single moms jan na maipglaban ryts nila dun sa mga ama na wlang kwenta!!:bop::bop::

[fqtprt]

wow...:):)..bilis nmn po ng reply ..thanks po ng marami.*okay**okay*

...ginamit ko talaga po *** surname ko kc iniisip ko tlaga dti need ko po un sa pg avail ng mga sss,pag ibig,insurances..etc..na ma aavail ko sa work nmin..no regrets po pgdating sa aspect na to!!!

salamat po ng marami...sana po marami png single moms jan na maipglaban ryts nila dun sa mga ama na wlang kwenta!!:bop::bop::

You're most welcome. Good luck. :)

[rudy_arete]

To sheryllb:
Related na rin dun sa question ni mihaila kung sino sunod na may authority sa custody after nung parents ng biological mother. I’ve asked one of our consultants pa lang naman. So other lawyers may have other interpretation on this one. But according to our regular source here, the biological father may have the right na to be granted custody if the biological mother is gone and the grandparents are either incapable (due to financial status or age) of rearing the child themselves. Lalo na nga po at acknowledged nung biologica father ang bata.

Now, with your question kung pwede ipa-adopt ang son mo sa kapatid kung sakali may mangyari sayo, I don’t think this is possible since adoption is done habang buhay pa ang magulang nung batang ipapaadopt. If you are thinking of doing it as a last will and testament, hindi po ito kinikilala ng batas dahil gaya nga po ng mga nauna ko nang posts ditto, ang korte lang ang may legal na authority na magsabi kung kanino dapat ang custody ng bata dahil hindi daw parang isang gamit ang bata na maaring ipamana ng magulang pag namatay sya.

If you really want your sister/brother to adopt your child, you will have to do it now and there must be a serious reason in the petition for adoption which explains why you are giving up your son for adoption. And since your son is using his biological father’s surname, kailangan po ng consent nung father sa adoption. You will ask him to sign an affidavit saying that he is giving up all his rights as a father.

To whiskeysugar:
fqtprt is right.
Well said fqtprt and thanks for the post.

[fqtprt]

thanks rudy!

follow up question lang po. pwede po ba malaman kung ano yung hierarchy ng custody? after the mother's parents, sino po ang susunod na mabibigyan ng custody? is it the mother's siblings? at what point/instance will the biological father be given custody of the child, assuming that everyone is fit to take care of the child?thanks again for all your help! *okay*


Hello.

I took the liberty of answering your question, though belated.

Under the Family Code, the following is the hierarchy:

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. (355a)

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

I hope this helps.

[fqtprt]

Hi,

I have the same concern as mihaila's. My illegitimate son uses the surname of his father. I'm worried as well if anything happens to me na mapunta sya sa ama nya. And since you said that my parents have the right of custody, nakahinga ako ng maluwag.

Pero pwde ko ba ipa-adopt ang son ko sa kapatid ko sakali ngang may mangyari sa akin? My parents are old as well, mahihirapan na din sila mag alaga ng bata. Can i do this?

Please advise.

Salamat.

Hello. I’ll try to help too.

Ang tanong mo is kung pwedeng i-adopt ng kapatid mo ang anak mo.

According to our laws on adoption, the following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses.

The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.
(7) A child not otherwise disqualified by law or these rules.

If your child and sister/brother fall under any of the above qualification, I believe there would be no problem with pushing through with adoption.

Good luck.

[whiskeysugar]

hi po sa lahat ng Pexers!!

..regarding doon po sa case ko.i already talk to public attorney here in our city hall,it happened na siya yung attorney na ng conduct ng orientation seminar po dito sa company namin siya po talaga yung hinanap ko.I am so very thankful at napak cooperative po ni attorney doon sa case ko,so first step po namin na ginawa is padalhan ng demand letter yung father ng baby ko.

..salamat po ng marami sa mga advice

pasensya na po last time gumagamit me ng text phrase...hehehe..di ko po pansin at di nabasa masyado ang house rules kaya pala ganun labas ng message ko..:bashful::bashful:

more power po sa lahat ng Pexer!!

to fpqrt and rudy arete ..salamat po *okay**okay*

[whiskeysugar]

to fqtprt pala..paumanhin po..
salamat!!

[whiskeysugar]

follow up questions lang po..

what if po ang father ng baby ko ay nasa ibang bansa paano po siya makapagbigay ng financial support at acknowledegment doon sa baby ko?

what if po wala na siyang work,paano siya makasuporta?

..ano ano po ba ang mga laws applied mo sa case namin..

as of now po kasi wala po kaming communication kung nasaan na siya pero doon ko po inadress yong demand letter sa adress nila sa bahay ng magulang niya.ang huling balita ko lang po sa kanya nasa taiwan siya,wala rin po akong balita kung nakasama ba siya sa mga pinauwi dahil nga sa recession,ayaw naman magbigay ng info ang mga relatives niya pg ng eemail ako sa kanila..
salamat po..

[rudy_arete]

Ayon sa kwento mo dear, mukhang walang plano ang father ng baby mo maging ang pamilya nya na voluntarily tulungan ka sa gastos sa baby mo. Kaya tama ang ginawa nyo or gagawin nyo ng abugado na kausap mo. To start the process, kailangan nga na magpadala muna kayo ng demand letter for support. Basta may katibayan ka na nareceive ng pamilya nya ang demand letter sa last known address nya ditto sa Pilipinas, maaari mo na itong gamitin in the future kung itutuloy mo sa demanda. Dahil kapag hindi pinansin ng ex mo at ng pamilya nya and demand letter mo, kailangan mo na magsampa ng demanda. Petition for support ang isasampa mo na demanda and mas maganda nga na isali mo na rin ang request for DNA testing katulad ng nabanggit ni fqprt. Mahaba at magastos na proseso ang maaari mong pagdaaan kaya kailangn mo ihanda ang sarili mo kung itutuloy mo ang lahat.

Bagama’t hindi sakop ng batas sa Pilipinas ang batas sa ibang bansa, may mga paraan pa naman na maaring gawin para obligahin ang ama ng anak mo na magbigay ng suporta, this might involve now the DFA. Maaari itong ipaliwanang sayo ng abugado mo kung ano ang gagawin. Kapag sinabi nya na wala syang trabaho, kailangan muna nya itong patunayan sa korte na wala syang kinikita. Papatunayan nya na nagbabakasyon lamang sya sa abroad sa tulong ng mga kamaganak nya. Sa bagay na ito ay kelangan galingan nyo ng abugado mo ang pag iimbestiga kung wala nga trabaho ang ex mo. At kapag napatunayan naman nya na wala nga syang trabaho, maaari din namang sabihin ng korte na ibawas ang dapat na financial support ng ex mo sa mga properties na nakapangalan sa kanya ditto sa Pilipinas. Hindi lang ako sigurado kung obligado ang magulang ng ex mo na sila ang magbigay kapag walang trabaho ang ex mo o kung wala sya ditto sa Pilipinas.

[redNblue]

[QUOTE=rudy_arete;29296911]
If the biological father's name of the child doesn't appear on the child's birth certificate it means hindi acknowledged ang bata so dapat po ay N.A. ang nakalagay sa boxes for father's info sa birth certificate nung child. Tsaka surname ng mother ang ginagamit ng bata and wala sya middle name. In this case, I don't think you will need the father's consent since hindi naman nga nya acknowledged na anak nya yung child. The process should be easier. But to be sure, I'll confirm po sa mga lawyer consultant natin. :)

ano po ang process dito?

[whiskeysugar]

salamat po at medyo naliwanagan po ako dito..

ask ko lang po..since po ang father naman ang may doubt kung anak niya ba talaga baby namin,eh di ba siya dapat ang mag kusang magpa undergo ng dna test nila ni babay at siya ang gumastos doon?:bashful::bashful:

..at tsaka paano po pag ayaw niya mg pa dna test?magiging katibayan po ba yun na talagang anak nya si baby kasi that means guilty siya..
:bop::bop:

Godbless!!

[rudy_arete]

To redNblue:
The reply you quoted was culled from my Sept 11, 2008 reply on a question regarding adoption. The question was kung kailangan pa ng consent nung biological father pag hindi naman nya acknowledged yung bata. I was explaining na hindi na kailangan ng consent nung biological father. The process I was referring to was the process of adoption. Mapapadali ang process in the sense that the mother and her current husband only need to convince the judge and the fiscal (as a representative of the state) that they are qualified to adopt the child and there is no opposing party since the child's father is not known. I’ve also posted the process of adoption in the same page of the thread.

To whiskeysugar:
Sadly dear, nasayo ang “burden of proof”. Meaning, dahil ikaw ang nagsasabi or nagpaparatang na sya ang ama ng anak mo, ikaw ang dapat maglabas ng patunay na totoo ang sinasabi mo.

Kung sakaing itanggi nya sa korte na sya ang ama at kung sakali ayaw nya magpatest, hindi ikaw ang pipilit sa kanya na magpa DNA test sila ng bata. Ang korte ang magdedesisyon nun. Ilalagay mo lang sa petition mo na gusto mong magpaDNA test sila ng anak mo para patunayan nga ang sinasabi mo. At dahil nga ikaw ang kailangang magpatunay, ikaw muna ang gagastos. Kung gusto mo, isama mo na rin sa petition na isasampa mo sa korte na kailangan bayaran nya lahat ng legal fees mo kung sakali mapatunayan na sya nga ang ama ng anak mo.

Hindi naman po kasi maaari na based lang sa “mukhang guilty” ang maging katibayan ng claim mo. Kapag kasi ganon ang batayan natin, pwede na lang na kahit sino ang iturong ama ng anak ng mga single mother.

[redNblue]

maraming salamat po mr. rudy

[rudy_arete]

to redNblue:
You are welcome.

to whiskeysugar:
Pahabol lang dun sa last comment. If in case hindi talaga sya pumayag na magpa DNA test kahit ipinaguutos na ng korte, yes, maaaring gawing batayan ito ng korte para sabihin na tama nga ang sinasabi mo na sya ang ama ng anak mo.

[fqtprt]

to redNblue:
You are welcome.

to whiskeysugar:
Pahabol lang dun sa last comment. If in case hindi talaga sya pumayag na magpa DNA test kahit ipinaguutos na ng korte, yes, maaaring gawing batayan ito ng korte para sabihin na tama nga ang sinasabi mo na sya ang ama ng anak mo.

If I may add, he may be held liable for indirect contempt for disobedience of or resistance to a lawful order of the court.

[whiskeysugar]

thanks po ng marami...:bashful::bashful:

to fqtprt..

ask ko lang po if lawyer kayo kasi just lyk mr.rudy arete **** hindi po siya lawyer ,marami po kayong alam about this cases eh..

[fqtprt]

thanks po ng marami...:bashful::bashful:

to fqtprt..

ask ko lang po if lawyer kayo kasi just lyk mr.rudy arete **** hindi po siya lawyer ,marami po kayong alam about this cases eh..

yes, i'm a lawyer. :)

[whiskeysugar]

yes, i'm a lawyer. :)

ganun po ba..well,salamat po sa time at sa mga legal advise..anyway po atty.magkano po ba ang maaring gagastusin if mgsasampa kami ng case doon sa father ng baby ko?either public atty. or private atty.?

[whiskeysugar]

hi po sa lahat ng single mom!!..just want to share this article from dr.phil's website..



http://drphil.com/shows/show/1150/

[fqtprt]

ganun po ba..well,salamat po sa time at sa mga legal advise..anyway po atty.magkano po ba ang maaring gagastusin if mgsasampa kami ng case doon sa father ng baby ko?either public atty. or private atty.?

anong case ba gusto mo isampa?

[geekhead]

My child is turning 6 na. Yung mother nya ibang bansa na. From what i know papanigan pa din ng court yung nanay basta 7 below. But the thing is wala na talaga. 2x lang ata nakita and ni piso di naman nagbigay. Can you give advice on what to do next in order for me to protect my child. Like file a case of abandonement perhaps? Plano ko din kasi isama sa hk kaso baka magkaproblema sa passport and magka issue etc. Kasi middle name nya sa mom nya right. I appreciate the help atty. thanks!

[rudy_arete]

ganun po ba..well,salamat po sa time at sa mga legal advise..anyway po atty.magkano po ba ang maaring gagastusin if mgsasampa kami ng case doon sa father ng baby ko?either public atty. or private atty.?

If your demand letter is ignored by the biological father or nung entire family nya, you will be filing a petition for child support which includes nga a prayer for a DNA test if you so desire para established ang paternity nung anak mo.

If you intend to seek the help of a lawyer from the Public Attorney’s Office (PAO), libre ang services nila pero kinakailangan mo magqualify as an indigent or papatunayan mo na wala kang kakayanan na magbayad ng private lawyer dahil hindi sapat ang kinikita mo. Sa pagkakaalala ko, para maclassify ka as an indigent, your income must not exceed P8,000/month. I’m not sure about this figure but you can check sa Municipal or City Social Welfare Development Office (CSWD) kung saang lugar ka nakatira dahil sa kanila ka rin hihingi ng certification na ikaw ay isang indigent.

If you intend naman to hire a private lawyer like atty. fqtprt, you will have to negotiate their:

1) Acceptance Fee – Ito ang isahang bayad sa pagtanggap nila ng kaso mo, normally pag katulad nitong family case, naglalaro sa P30,000 to P50,000 ang price. Based ito on previos experience and my friends experiences. Meaning, depende sa lawyer na kukunin mo. Kung kaibigan mo ba, high profile ba sya, or sobra mabait.

2) Conference Fee - Ito ang bayad tuwing magmemeeting kayo ng lawyer mo. Around 1,500 or 2,000 bawat meeting. Again, depende na ito sa lawyer mo, may mga kakilala naman ako ng lawyers na hindi na sumisingil ng ganito. Baka kay atty. fqtprt libre na rin ito. :)

3) Appearance Fee - Ito ang bayad kada court hearing na pupunta ang laywer mo. So pag malayo ang office ng lawyer mo sa court kung saan nakafile case mo, mas mahal. Around 2,500 to 4,000 bawat hearing.

4) Miscellaneous Fees – Ito ang ginagastos ng lawyer sa pagtatrabaho sa case mo. Bayad sa kuryente, bond paper, printer, LBC at kung ano ano pang anik anik. Naglalaro sa 10,000 to 15,000 ang sinisingil ng mga private lawyers.

5) Filing Fees – Ito ang babayaran sa pagfifile ng case mo sa korte, medyo mura lang ito. Around P5,000 lahat na.

6) Publication Fee – Publication of your case by a local newspaper is a requirement of the court. Ito medyo mahal ulit pero depende sa newspaper na kukunin ng lawyer mo or mabubunot ng korte. Around a total of P15,000.

7) Hidden Fees – Miryenda nyo ng lawyer mo pag kakain kayo, pamiryenda mo sa ibang kakausapin nyo. Pa load mo sa cell phone nung kailangan mag update sayo. So hindi na ako maglalagay ng price dahil depende na ito kung ikaw mismo ang tututok sa kaso mo at kung saan kayo magmimiryenda.. hehe.. ;) But actually, pwede mo naman iaasa na lang lahat sa laywer mo kung wala ka masyado time, makibalita ka na lang from time to time kung ano nangyayari sa kaso mo. Meaning syempre, mas maganda pa rin pag you are on top of your own case.

Sana po ay nakatulong ako.

[rudy_arete]

My child is turning 6 na. Yung mother nya ibang bansa na. From what i know papanigan pa din ng court yung nanay basta 7 below. But the thing is wala na talaga. 2x lang ata nakita and ni piso di naman nagbigay. Can you give advice on what to do next in order for me to protect my child. Like file a case of abandonement perhaps? Plano ko din kasi isama sa hk kaso baka magkaproblema sa passport and magka issue etc. Kasi middle name nya sa mom nya right. I appreciate the help atty. thanks!


Hi geekhead,

2 things: Either you were not able to read Atty. planggacious’ explanation and my explanation regarding your Sept. 29, 2008 question which was posted on page 2 of this thread or hindi ka lang convinced sa sagot namin. Anyway, no worries bro, I’m sure you just want to be sure of what to do with your case since you want the best for your child.

So to Atty. fqtprt,

if ok lang po sa inyo, please review atty. planggacious comments and my comments as well regarding geekhead’s case posted on page 2 of this thread. The comments were posted September 2008. We might have missed some things or we may need some corrections. We’d love to have your additional inputs regarding the case.

Thank you.

[whiskeysugar]

If your demand letter is ignored by the biological father or nung entire family nya, you will be filing a petition for child support which includes nga a prayer for a DNA test if you so desire para established ang paternity nung anak mo.

If you intend to seek the help of a lawyer from the Public Attorney’s Office (PAO), libre ang services nila pero kinakailangan mo magqualify as an indigent or papatunayan mo na wala kang kakayanan na magbayad ng private lawyer dahil hindi sapat ang kinikita mo. Sa pagkakaalala ko, para maclassify ka as an indigent, your income must not exceed P8,000/month. I’m not sure about this figure but you can check sa Municipal or City Social Welfare Development Office (CSWD) kung saang lugar ka nakatira dahil sa kanila ka rin hihingi ng certification na ikaw ay isang indigent.

If you intend naman to hire a private lawyer like atty. fqtprt, you will have to negotiate their:

1) Acceptance Fee – Ito ang isahang bayad sa pagtanggap nila ng kaso mo, normally pag katulad nitong family case, naglalaro sa P30,000 to P50,000 ang price. Based ito on previos experience and my friends experiences. Meaning, depende sa lawyer na kukunin mo. Kung kaibigan mo ba, high profile ba sya, or sobra mabait.

2) Conference Fee - Ito ang bayad tuwing magmemeeting kayo ng lawyer mo. Around 1,500 or 2,000 bawat meeting. Again, depende na ito sa lawyer mo, may mga kakilala naman ako ng lawyers na hindi na sumisingil ng ganito. Baka kay atty. fqtprt libre na rin ito. :)

3) Appearance Fee - Ito ang bayad kada court hearing na pupunta ang laywer mo. So pag malayo ang office ng lawyer mo sa court kung saan nakafile case mo, mas mahal. Around 2,500 to 4,000 bawat hearing.

4) Miscellaneous Fees – Ito ang ginagastos ng lawyer sa pagtatrabaho sa case mo. Bayad sa kuryente, bond paper, printer, LBC at kung ano ano pang anik anik. Naglalaro sa 10,000 to 15,000 ang sinisingil ng mga private lawyers.

5) Filing Fees – Ito ang babayaran sa pagfifile ng case mo sa korte, medyo mura lang ito. Around P5,000 lahat na.

6) Publication Fee – Publication of your case by a local newspaper is a requirement of the court. Ito medyo mahal ulit pero depende sa newspaper na kukunin ng lawyer mo or mabubunot ng korte. Around a total of P15,000.

7) Hidden Fees – Miryenda nyo ng lawyer mo pag kakain kayo, pamiryenda mo sa ibang kakausapin nyo. Pa load mo sa cell phone nung kailangan mag update sayo. So hindi na ako maglalagay ng price dahil depende na ito kung ikaw mismo ang tututok sa kaso mo at kung saan kayo magmimiryenda.. hehe.. ;) But actually, pwede mo naman iaasa na lang lahat sa laywer mo kung wala ka masyado time, makibalita ka na lang from time to time kung ano nangyayari sa kaso mo. Meaning syempre, mas maganda pa rin pag you are on top of your own case.

Sana po ay nakatulong ako.

thanks po ng marami,pag di po siya ngreply dun sa demand letter,that's the time na lang po me magfile ng case at tsaka i will seek help na lang po dito sa dswd ,regarding being qualified as indigent.

thanks po talaga ng marami at naliwanagan po ako dito.
Godbless!!!

[fqtprt]

Hi geekhead,

2 things: Either you were not able to read Atty. planggacious’ explanation and my explanation regarding your Sept. 29, 2008 question which was posted on page 2 of this thread or hindi ka lang convinced sa sagot namin. Anyway, no worries bro, I’m sure you just want to be sure of what to do with your case since you want the best for your child.

So to Atty. fqtprt,

if ok lang po sa inyo, please review atty. planggacious comments and my comments as well regarding geekhead’s case posted on page 2 of this thread. The comments were posted September 2008. We might have missed some things or we may need some corrections. We’d love to have your additional inputs regarding the case.

Thank you.


I totally agree with the comments/suggestions of rudy and atty. planggacious stated in page 1 of this thread.

I would just like to add my comments, as follows:

It appears to me that you understood that you have the option to adopt your biological child in order to have full custody.

It also appears to me that you wanted to know if you can file a case for abandonment against the mother of your child. Pwede naman. You can file a Petition for the Judicial Declaration of Abandonment or Petition for the termination of parental authority of the mother. You can file the petition with the Family Court in the area where you are presently residing.

If the court decides in your favor, the only effect is that the declaration that the child is abandoned dispenses of the consent of the mother in the adoption of the child. You still have to undergo adoption process just the same if you want full/sole custody.

At any rate, the best interest and welfare of the child are still and will always be the paramount consideration.

Have a nice day everyone! :)

[geekhead]

@ rudy and fqtprt - Thanks a lot for the legal advice. I do apologize i wasnt able to read atty. planggacious reply. I will backtrack asap. Appreciate the help!*okay*

[cillever]

thank u po sa thread na to, sana po matulungan nyo po ako sa problema ko.

may 2 po akong anak sa ex live in partner ko. hindi po kami kasal at naghiwalay po kami year 2002. sa kadahilanang sya ay nakabuntis ng iba. at mula nung nagkahiwalay po kami eh di na sya nag bgay ng suportang pinansyal. may asawat anak na rin sya ***** at kasal sila. ayaw nya magbagy ng suporta sa mga bata. halos pagtaguan nga nya eh, ang tanong ko po. ano kayang magandang gawin ko? naguguluhan na kasi ako. di ko alam saan ako maguumpisa. ilang buwan na akong di nakaka bayad sa school ng mga anak ko. wala naman akong ibang pag kukunan kaya humihingi sana ako ng tulong sa kanya pero ni halos ayaw sagutin tawag sa cellphone. may small business ako dati kaya di ako nanghihingi sa kanya. pero nalugi ako at walang natira sa akin. ano po ba pwede kong gawin? san po ako mag uumpisa? sana po sagutin nyo to. kailangan ko lang po talaga ng tulong. maraming salamat po.

[fqtprt]

thank u po sa thread na to, sana po matulungan nyo po ako sa problema ko.

may 2 po akong anak sa ex live in partner ko. hindi po kami kasal at naghiwalay po kami year 2002. sa kadahilanang sya ay nakabuntis ng iba. at mula nung nagkahiwalay po kami eh di na sya nag bgay ng suportang pinansyal. may asawat anak na rin sya ***** at kasal sila. ayaw nya magbagy ng suporta sa mga bata. halos pagtaguan nga nya eh, ang tanong ko po. ano kayang magandang gawin ko? naguguluhan na kasi ako. di ko alam saan ako maguumpisa. ilang buwan na akong di nakaka bayad sa school ng mga anak ko. wala naman akong ibang pag kukunan kaya humihingi sana ako ng tulong sa kanya pero ni halos ayaw sagutin tawag sa cellphone. may small business ako dati kaya di ako nanghihingi sa kanya. pero nalugi ako at walang natira sa akin. ano po ba pwede kong gawin? san po ako mag uumpisa? sana po sagutin nyo to. kailangan ko lang po talaga ng tulong. maraming salamat po.


hi.

I believe there were already comments from previous posts about support on this thread. try to backread a little.

Anyway, I will summarize it for you for your ready referrence:

1. Find a lawyer who should at least be into the family laws.

2. There should be a demand letter sent to the biological father of your children asking for support. Please note that the amount demanded from the father should not be unconscionable, meaning, wag namang excessive or unreasonable. The support should be for food, shelter, clothing, education and medical expenses. Excluded are fancy trips abroad, designer items, expensive jewelry, etc.

Also, in computing the amount of support, it should not be beyond the capacity of the father to give. Please bear in mind that the father should not bear the expenses alone if you have a job.

3. While there's no difference in the kind of support that a legitimate child needs from an illegitimate one. However, it is harder for the latter to get support.

In order for the illegitimate children to legally ask for support, the father should recognize his illegitimate children first.

You might ask how would the father recognize his children? Under the law, there are three (3) ways, as follows:

a. when the father signs the birth certificate;
b. when the father executes an affidavit of recognition; and
c. when the father executes a handwritten letter or document acknowledging the child as his.


4. Prepare and collate pertinent documents like birth certificates, baptisimal certificates.

5. If the father ignores the demand letter for whatever reason and/or refuses to give support, you can ask your lawyer to prepare a Petition for Support and file the same in court.

6. Issuance of subpoena, pre conference, trial on the merits...

7. Decision

Usually, the court would order the father to give support. As to how much depends upon the circumstances of each case.


Try reading Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004, pwede mo rin i-file ito against the father of your children. This law provides for criminal sanctions or penalties for failure to provide support.

http://www.ops.gov.ph/records/ra_no9262.htm

good luck!

[rudy_arete]

Ei, thank you atty. fgtprt for taking some time to share your expertise with us... if you are not with the PAO, well you do have your own little way of sharing some good to the public. Like atty planggacious na medyo busy na ata.. :) nevertheless, i hope we have more lawyers like you na matyaga. Makukulit lang kami mga kliyente madalas but sympre nga, dala lang ng kalagayan sa aming kanya kanyang kaso sa buhay.

[fqtprt]

Ei, thank you atty. fgtprt for taking some time to share your expertise with us... if you are not with the PAO, well you do have your own little way of sharing some good to the public. Like atty planggacious na medyo busy na ata.. :) nevertheless, i hope we have more lawyers like you na matyaga. Makukulit lang kami mga kliyente madalas but sympre nga, dala lang ng kalagayan sa aming kanya kanyang kaso sa buhay.

I'm not with the PAO rudy but i am happy that in my own little way, i get to help people.

Have a nice day everyone! :)

[f0rk]

hi everyone!
this is my first post in this thread.

meron na ba dito nag-avail ng solo parent benefits? how is the process?

im particularly interested in learning more about section 8 and 9 of RA 8972:

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Ang leave package kasi namin, 16 days sick leave, 16 vacation leaves, 7 paternal leaves, 30 maternal leaves, 7 bereavement leave... ewan kung anu-ano pa iba meron, but definitely walang 7 days parental leave granted to solo parents. Pag halimbawa may sakit ang baby ko, pinapaapply sa akin ay personal leave which still falls under vacation leave. This year ko pa lang kasi papapasukin sa school ang baby ko kaya ngayun ko lang expect na kakailanganin ko na talaga ang additional leaves.

At dahil nga mag-school na siya, gusto ko rin siempre makaavail ng scholarship. I plan to enroll him in our village montessori...

Thanks in advance for any replies.

Have a great day mommies, daddies, and lawyer friends :)

[whiskeysugar]

hi everyone!
this is my first post in this thread.

meron na ba dito nag-avail ng solo parent benefits? how is the process?

im particularly interested in learning more about section 8 and 9 of RA 8972:

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Ang leave package kasi namin, 16 days sick leave, 16 vacation leaves, 7 paternal leaves, 30 maternal leaves, 7 bereavement leave... ewan kung anu-ano pa iba meron, but definitely walang 7 days parental leave granted to solo parents. Pag halimbawa may sakit ang baby ko, pinapaapply sa akin ay personal leave which still falls under vacation leave. This year ko pa lang kasi papapasukin sa school ang baby ko kaya ngayun ko lang expect na kakailanganin ko na talaga ang additional leaves.

At dahil nga mag-school na siya, gusto ko rin siempre makaavail ng scholarship. I plan to enroll him in our village montessori...

Thanks in advance for any replies.

Have a great day mommies, daddies, and lawyer friends :)

yup..dis year is my 2nd time na mag avail ng ganyang benefits..punta ka na lang sa office ng dswd na pinakamalapit sa inyo at mag inquire ka dun if bakit hindi ka nakakaavail dun sa company mo,knowingly na government mandated law yan..meron kasi ibang company na hindi alam yan..

[f0rk]

^how did you go about the process? i mean, where and how did you secure a solo parent ID and how did you present it to your employer? this applies to government- and non-government employees, right?

[ternica]

hi everyone...

ask q lang po if pedeng gamitin ng baby *** apelyido ng ama nia kahit di pa sila kasal....pede po ba yun kc my frend and his boyfriend will be having a baby pero hindi pa sila pwedeng ikasal kasi undergraduate pa sila.ganun pa man,willing ipagamit ng frend q *** apelyido ng boyfriend nia dun sa baby nila once na isilang ito....maraming salamat po...:):):)

[whiskeysugar]

hi everyone...

ask q lang po if pedeng gamitin ng baby *** apelyido ng ama nia kahit di pa sila kasal....pede po ba yun kc my frend and his boyfriend will be having a baby pero hindi pa sila pwedeng ikasal kasi undergraduate pa sila.ganun pa man,willing ipagamit ng frend q *** apelyido ng boyfriend nia dun sa baby nila once na isilang ito....maraming salamat po...:):):)

yup..pwede po niyang gamitin as long as pipirma siya doon sa birth certificate ng bata,of acknowledgment of paternity(located sa back ng birth cert.)

[usher21]

Hi guys!

I need you help...

I am adopting a 9 month old baby from my cousin who cant afford to possibly raise another child (his 10th). The baby was given to me 3 days ago. I want to make everything legal by giving her my name. My mother will be helping me raise the child though she will do more hands on while i do the saving-up-for-the future for the kid.

I just want to ask what are the things i would need to legally adopt her and give her my name. what are the things i will be paying for and how much. What are the documents i need to prepare as well and how long will the process take?I am actually on a budget since raising the child alone is really expensive plus im already saving for her school in the future.

I hope someone can help me out.

Thanks!

[whiskeysugar]

hi guyz!!!
..kumusta na po lahat ng mga nagpopost dito?ano na ba ang mga naging result ng mga legal consultations ninyo na ipinarating dito?hehehe..
..sad to say ang sakin kasi"dedma"pa rin at tsaka according sa lawyer,need ko daw mag file ng filiation..eh wala naman akong pinanghahawakan na documents na siya ang tatay..DNA lang ang makapagpatunay..HUHUHU!!!(mahal kaya nun,pag iipunan ko pa)..as of now mejo rest muna ang case ko,,kasi on the rocks na company namin eh(may retrnchment plan) iniisip ko kasi i kknow mahalag ang pinaglalaban ko but i can't go on,dahil mas maganda siguro na unahin ko muna mga important matters na makakatulong para sa everyday needs ng anak ko..
well,siguro naman better na rin yung naka 1st step ako dun sa process..babalikan ko na lang pag may pang gastos na for DNA..at tsaka mejo inis ako kasi wala namang cooperation dun sa side ng family niya evendo nakapagpadala na ako dun ng demand letter and im sure na receive nila kasi di naman bumalik sa akin eh..tsk..tsk..

[fqtprt]

Hi guys!

I need you help...

I am adopting a 9 month old baby from my cousin who cant afford to possibly raise another child (his 10th). The baby was given to me 3 days ago. I want to make everything legal by giving her my name. My mother will be helping me raise the child though she will do more hands on while i do the saving-up-for-the future for the kid.

I just want to ask what are the things i would need to legally adopt her and give her my name. what are the things i will be paying for and how much. What are the documents i need to prepare as well and how long will the process take?I am actually on a budget since raising the child alone is really expensive plus im already saving for her school in the future.

I hope someone can help me out.

Thanks!


Please see post no. 118

Also read REPUBLIC ACT NO. 8552 on Domestic Adoption:

http://www.childprotection.org.ph/databases/docs/ra8552.doc


For the procedural aspect, please refer to this link:

http://elibrary.judiciary.gov.ph/index6.php?doctype=Amendments%20to%20the%20Rules%20of%20Court&docid=a45475a11ec72b843d74959b60fd7bd64564763672711

[watzupwidju]

hi. i would need your honest opinion. which is better in terms of rights, to name my child under the father's last name or mother's? i dont care about acknowledging the child or even the financial support, however, what im worried about is the future, in case i name my child after the father, he can file something against me to get my child from me, and i dont want that to happen. that's why as early as now i want to know the advantages and disadvantages before i file the birth certificate.. thank u in advance..

[fqtprt]

hi. i would need your honest opinion. which is better in terms of rights, to name my child under the father's last name or mother's? i dont care about acknowledging the child or even the financial support, however, what im worried about is the future, in case i name my child after the father, he can file something against me to get my child from me, and i dont want that to happen. that's why as early as now i want to know the advantages and disadvantages before i file the birth certificate.. thank u in advance..


Are you married to the child's father? If yes, then the surname of the father should be the surname of the child. Otherwise, the child has to use your surname.

[watzupwidju]

i'm not married to the father of the child.. would it be really better if i name the child after me? di ba magiging discriminating factor yun sa bata paglaki nya, na wala syang middle name? is it legal na din para sa mga documents of any sort, a name without middle name? ayoko lang kasi magkaron ng complications yung bata... and on my side, i dont want to regret anything in terms of this kasi future na nakasalalay dito at ang bata..

[fqtprt]

i'm not married to the father of the child.. would it be really better if i name the child after me? di ba magiging discriminating factor yun sa bata paglaki nya, na wala syang middle name? is it legal na din para sa mga documents of any sort, a name without middle name? ayoko lang kasi magkaron ng complications yung bata... and on my side, i dont want to regret anything in terms of this kasi future na nakasalalay dito at ang bata..


under the law kasi, if the parents of the child is unmarried, the surname of the child would be that of the mother's. UNLESS, the father would like to acknowledge the child, which would require him to undergo the legal and procedural process.

Regarding middle name, wala tayong law na nag-reregulate diyan. But based on what I know you may or you may not put an entry to this sa birth certificate. But if you opted to use your surname and wants your child to have a middle name, you can use your surname as the middle name of the child.

Share ko lang for everybody...

I have a friend (girl) who is married to this guy. They got separated (but not legally), but in the process nabuntis yung girl nung husband niya. Sa sobrang ayaw na nung girl sa asawa niya, she used her surname as that of her child.

Technically speaking, hindi dapat ganyan. Kasi for all intents and purposes, the child was born out of a valid marriage, hence, should be considered legitimate and should carry the father's last name.

IMO, situations like this will create confusion as to the paternity of the child later on.

[watzupwidju]

i have friends kasi na di married to the father of their child but in different situations:

1. my friend got pregnant at an early age, not married as well, and she used both her middle and last name to her child. meaning, parehong pareho sila ng middle and last name. now she is having problems with this setup, kasi di nya ma-declare na anak nya yung bata, lumalabas e kapatid nya. so kelangan pa yung mama nya ang magayos ng certain documents,kasi lumalabas nga, anak sila, at magkapatid yung mag-ina.

2. my other friend, not married, and she named the child after her last name, walang middle name. according to her, ang initial plan nila is to use both her middle and last name, then her mom will declare na ampon nila yung anak nya. they spoke to a family lawyer, advised them na wag ganon ang gawin kasi never made-declare na anak nya yung bata. so ang ginawa nalang nila, last name ng friend ko with no middle name. legal na daw ito ngayon, no questions in the future pagdating sa documents and legality.

now im confused. pls help me. di ko pa naman nafa-file yung birth cert and i want everything clear bago ko pa i-register yun. thanks.

[fqtprt]

i have friends kasi na di married to the father of their child but in different situations:

1. my friend got pregnant at an early age, not married as well, and she used both her middle and last name to her child. meaning, parehong pareho sila ng middle and last name. now she is having problems with this setup, kasi di nya ma-declare na anak nya yung bata, lumalabas e kapatid nya. so kelangan pa yung mama nya ang magayos ng certain documents,kasi lumalabas nga, anak sila, at magkapatid yung mag-ina.

2. my other friend, not married, and she named the child after her last name, walang middle name. according to her, ang initial plan nila is to use both her middle and last name, then her mom will declare na ampon nila yung anak nya. they spoke to a family lawyer, advised them na wag ganon ang gawin kasi never made-declare na anak nya yung bata. so ang ginawa nalang nila, last name ng friend ko with no middle name. legal na daw ito ngayon, no questions in the future pagdating sa documents and legality.

now im confused. pls help me. di ko pa naman nafa-file yung birth cert and i want everything clear bago ko pa i-register yun. thanks.


As I previously advised, you may or you may not fill up the portion of the middle name. This is legal. Pwedeng walang middle name yung bata.

The Supreme Court held in the case of IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA, G.R. No. 148311, Mar. 31, 2005 that:

"As correctly submitted by both parties, there is no law regulating the use of a middle name. Even Article 176[11] of the Family Code, as amended by Republic Act No. 9255, otherwise known as 'An Act Allowing Illegitimate Children To Use The Surname Of Their Father,' is silent as to what middle name a child may use."

Please refer to the link below for the full Decision.

http://sc.judiciary.gov.ph/jurisprudence/2005/mar2005/148311.htm

And this link from the Office of the President.

http://www.op.gov.ph/index2.php?option=com_content&do_pdf=1&id=19632

I understand your predicament. If I were you, I'd consider only two (2) options.

1) No middle name;
2) Middle name is the same as last name of the mother.

Actually, yung ibang nationality, walang mga middle names. Sa pilipinas lang medyo big deal ang middle name. :)

[watzupwidju]

a big help from u.. thank u so much and i appreciate your time answering and dealing with my concern.. i understand now.. thank u once again. Godbless u..

[watzupwidju]

As I previously advised, you may or you may not fill up the portion of the middle name. This is legal. Pwedeng walang middle name yung bata.

The Supreme Court held in the case of IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA, G.R. No. 148311, Mar. 31, 2005 that:

"As correctly submitted by both parties, there is no law regulating the use of a middle name. Even Article 176[11] of the Family Code, as amended by Republic Act No. 9255, otherwise known as 'An Act Allowing Illegitimate Children To Use The Surname Of Their Father,' is silent as to what middle name a child may use."

Please refer to the link below for the full Decision.

http://sc.judiciary.gov.ph/jurisprudence/2005/mar2005/148311.htm

And this link from the Office of the President.

http://www.op.gov.ph/index2.php?option=com_content&do_pdf=1&id=19632

I understand your predicament. If I were you, I'd consider only two (2) options.

1) No middle name;
2) Middle name is the same as last name of the mother.

Actually, yung ibang nationality, walang mga middle names. Sa pilipinas lang medyo big deal ang middle name. :)

-------------

wait, just to clarify po.. Middle name is the same as last name of the mother.-- does it work like this, e.g. santos is the last name of the mother. so the middle name is also santos? example: eric santos santos? that's my understanding of the statement. thanks.

[rudy_arete]

Hi ulit Everyone, I missed this thread again, medyo nagbakasyon lang ulit.. thank you Atty. FQTPRT for keeping the thread alive.

Makasali lang po ulit.

For WATZUPWIDJU,

Tama po yung nangyari sa friends mo. Lalabas talaga na magkapatid yung unang friend mo at ang anak nya kung pareho sila ng middle and last name. Sa pangalawang friend mo naman po ay pwede naman sana ituloy nung lola ng bata yung pag ampon sa apo nya. But it had to undergo the legal adoption process. Pag granted ang petiton for adoption, pareho na ang middle and last name nung friend mo at ng anak nya. Pero syempre, lalabas nga na kapatid na nya ang anak nya, wala na sya karapatan mag decide para sa anak nya. Ang lola na ang masusunod sa lahat dahil inampon na nya ang apo nya. Anyway, eto pa ang ibang advantages and disadvantages pagdating sa pag gamit ng apelyido ng ama ng bata na hindi kasal sa ina. I have already posted this last November 26, 2008 pero sa mga tinatamad magbasa ng pabalik, quote ko na lang dito para di na kayo mahirapan.

To all single mothers here:

Before thinking of changing your child's surname or even before pa ipanganak ang baby, try to really think na rin po if what situation will really suit you in terms of kung kanino pangalan isusunod ang bata.

The ADVANTAGES when the child carries his/her biological father's surname are the following:
1) Established ang rights nung bata as an illegitimate child. He/she is entitled to financial support and kung mangyari man sa biological father, the child has the legal right na magkaroon din ng share sa properties na maiiwan nung father.
2) The child has a complete middle and last name. Kahit papano, maayos ang pangalan nung bata. Unlike kung mother's surname lang, mas malinaw ang stigma ng pagiging illigitimate child since the child has no middle name. Tipong lagi na lang kelangan mag explain ng bata kung bakit wala sya middle name.

The "DISADVANTAGES" of using the father's surname are:
1) The mother is "obliged" to give the father some visitation rights. Since acknowleged nga yung bata, malinaw na dapat may right din ang father na makasama ang bata. Mahirap ito pag hindi magkasundo ang biological parents ng bata.

2) If may plano mag abroad ang mother kasama anak nya. The mother will need to get the father's consent. I'm not sure but I was informed na pati sa pagkuha ng passport, kelangan pa ng consent nung father since the child is using his surname.

3) Like the case of one of our PEXter here, Pag nag asawa na ng iba ang mother and her husband decides to adopt the child para maayos na ang surname, kailangan pa ng consent ng biological father with regards sa adoption. Mahirap pag hindi pumayag ang biological father. Hindi magagamit ng bata ang surname ng stepfather nya. So pag nagkaroon sya ng kapatid, iba ang surname ng mga kapatid nya. Plus, illegitimate pa rin sya samantalang yung mga kapatid nya ay legitimate na. Unlike when the child is using only his/her mother's surname, ang kailangan lang ay ang consent ng mother.


Tama din po ang advise ng ating resident attorney. Legal po at walang problema in the future kung walang middle name ang isang illegitimate child dahil surname lang ng mother nya ang gamit nya.

In my case, I have adopted my biological daughter. Surname ko ang gamit nya. Pero dahil single ako, wala syang middle name. So far walang problema, napalitan na ang birth certificate nya and naikuha ko na sya ng passport. Walang syang middle name sa passport.

[fqtprt]

Hi Rudy.

@wazupwidu:
Have you decided yet? :)

[whiskeysugar]

to rudy arete and Atty.fqtprt..
..regarding po ito sa mga past inquity ko dun po sa case ko..nag inquire po ako sa POEA ng records ng father ng baby ko at last location po niya nasa abroad pa rin..mahirap po bang mag file ng case if nasa labas ng bansa ang taong idedemanda mo?dedma po yung demand letter ko but ayon na rin sa post office nakarating na rin daw sa address na yun ang letter ko..
as of now kasi ang sabi ng abogado ko eh (PAO),magsubmit daw ako ng filiation which i understand na katibayan yun na sya ang tatay ng bata(documents,letters or signature in birth cert.ng baby na iniacknowledge nya ang bata)tama po ba ako?...eh kung yun po ang hinahanap ng abogado ko eh hindi ko naman po yun ma provide kasi nga po 3 mos pa lang ang tiyan ko eh wala na kaming communication,DNA test na lang po ang makakapagpatunay na siya ang ama ng bata..paano po ba ang proceso nito since nasa abroad pa rin pala siya,paano siya mag undergo ng dna test di ba?

thanks in advance po...

[gilbertjulian]

Thanks for this forum! this is a big help for us as a single parent to fight for the rights of our child / children.

I have a 1yr old son & he is acknowledge by his father tru sa birth certificate (kso gamit nya surname ko). my exBF is giving financial support nmn kso lately lang un, nagstart un dis yr lang. natatakot kc ako if he wld end his financial support for his son.. may times kc na nale-late sya ng bigay tapos hindi sya nagAadvise if he will send support or not for that period so nahihirapan ako sa budgeting. May i know if i could ask the father to document or have a written letter stating his definite schedule on when he could give his financial support to his son?.. para nmn may habol ako if ever kung anu mn ang mangyari.

[fibia1]

i would like to seek our friendly lawyers' advice on the following

1. how to file for a permanent protection order (as per RA 9262)
2. how to change the name of my 2 y/o daughter so she can use my surname instead of her father's.

1. i am a single mom, never married to the father. we lived together for about 2 years and broke up last july 2008. since then he has often threatened to take my daughter away from me. recently me and my daughter moved out of my parents' house so we're renting somewhere near my work. now he goes to this place, always without my permission, always at a time when i am not there. recently we moved into another place again, and he was very furious because we moved without his permission. as he seldom does, he verbally abused me and was not willing to talk about the terms of his "visitation schedule".

i fear that he will take my baby one day, while i am at work. also, i fear for my safety. i dont want to move from one place to another just to avoid him, hindi naman ako TNT heheh. So i want to know the costs and procedures of filing a PPO. i want to know if there's a way to minimize costs, kasi po wala akong budget for an expensive lawyer. dahil ang feeling po nya, kahit asan ako, basta andun ang bata, pwedeng pwede syang pumasok dun. Ayokong makidnap ang anak ko dahil may officemate na akong ganun ang naexperience at alam kong its very possible in my case.

2) nabasa ko na rin po sa ibang thread na napakahirap ng ganito pero nagbabakasakali pa rin ako. I cannot file for late reg anymore dahil naipasok ko na sa Mandaluyin city hall and birth certificate ng bata. at naifile ko na rin sa SSS and BIR.

pwede bang grounds for changing of name ang hindi pagbibigay ng sapat na sustento? last year, i enumerated to him on paper yung list of expenses ng bata. only once did he give me the right amount. yung mga sumunod eh depende na sa gusto nyang ibigay. masasabing monthly ay nagbibigay sya pero wala sa schedule. minsan lmipas na ang isang buwan bago sya magbigay. dahil dito, hindi ko na rin inaasahan yung sustento kasi unpredictable nga. now, gusto kong magkapareho kami ng surname para naman pareho kami ng pangalan, pag nagskul sya ay no questions among her classmates bakit ang mommy nya ay different name sa kanya, or at least kahit kelan ay pwede kaming magabroad,

hope you can help me. very asap po sana yung PPO dahil hindi po kami matatahimik habang patuloy nyang hindi nirerespeto ang rights ko.

[fqtprt]

to rudy arete and Atty.fqtprt..
..regarding po ito sa mga past inquity ko dun po sa case ko..nag inquire po ako sa POEA ng records ng father ng baby ko at last location po niya nasa abroad pa rin..mahirap po bang mag file ng case if nasa labas ng bansa ang taong idedemanda mo?dedma po yung demand letter ko but ayon na rin sa post office nakarating na rin daw sa address na yun ang letter ko..
as of now kasi ang sabi ng abogado ko eh (PAO),magsubmit daw ako ng filiation which i understand na katibayan yun na sya ang tatay ng bata(documents,letters or signature in birth cert.ng baby na iniacknowledge nya ang bata)tama po ba ako?...eh kung yun po ang hinahanap ng abogado ko eh hindi ko naman po yun ma provide kasi nga po 3 mos pa lang ang tiyan ko eh wala na kaming communication,DNA test na lang po ang makakapagpatunay na siya ang ama ng bata..paano po ba ang proceso nito since nasa abroad pa rin pala siya,paano siya mag undergo ng dna test di ba?

thanks in advance po...

Kung decided ka na mag-file ng Petition for Support, pwede naman ma-serve yung summons sa tatay ng bata through publication (para magkaroon ng jurisdiction ang court, meaning, pwedeng mag-decide ang court kahit wala yung guy). Pag na-publish na ang summons at di magpapakita sa korte ang tatay ng bata, pwede pa rin magkaroon ng Decision ang court at magiging binding ito sa tatay ng bata. Ang problema mo lang talaga is how to go about the DNA testing if wala siya dito. Kahit mag-issue ang court ng order sa tatay ng bata to undergo DNA testing, magiging useless yung order kung wala yung guy dito sa Pilipinas.

I understand that you are in a difficult situation where you are sure that he is the father of your child but do not have solid evidence to this coupled with the fact that the father is not in the Philippines. It is difficult to ask for legal support in the absence of proof of filiation because that is the very evidence that you need to have in order for you to validly claim for support.

[fqtprt]

Thanks for this forum! this is a big help for us as a single parent to fight for the rights of our child / children.

I have a 1yr old son & he is acknowledge by his father tru sa birth certificate (kso gamit nya surname ko). my exBF is giving financial support nmn kso lately lang un, nagstart un dis yr lang. natatakot kc ako if he wld end his financial support for his son.. may times kc na nale-late sya ng bigay tapos hindi sya nagAadvise if he will send support or not for that period so nahihirapan ako sa budgeting. May i know if i could ask the father to document or have a written letter stating his definite schedule on when he could give his financial support to his son?.. para nmn may habol ako if ever kung anu mn ang mangyari.

Hi!

Before I answer your questions, I would like you to clarify some matters:
1. The father acknowledged his child in the birth certificate?
2. The child uses your surname?

[fqtprt]

i would like to seek our friendly lawyers' advice on the following

1. how to file for a permanent protection order (as per RA 9262)
2. how to change the name of my 2 y/o daughter so she can use my surname instead of her father's.

1. i am a single mom, never married to the father. we lived together for about 2 years and broke up last july 2008. since then he has often threatened to take my daughter away from me. recently me and my daughter moved out of my parents' house so we're renting somewhere near my work. now he goes to this place, always without my permission, always at a time when i am not there. recently we moved into another place again, and he was very furious because we moved without his permission. as he seldom does, he verbally abused me and was not willing to talk about the terms of his "visitation schedule".

i fear that he will take my baby one day, while i am at work. also, i fear for my safety. i dont want to move from one place to another just to avoid him, hindi naman ako TNT heheh. So i want to know the costs and procedures of filing a PPO. i want to know if there's a way to minimize costs, kasi po wala akong budget for an expensive lawyer. dahil ang feeling po nya, kahit asan ako, basta andun ang bata, pwedeng pwede syang pumasok dun. Ayokong makidnap ang anak ko dahil may officemate na akong ganun ang naexperience at alam kong its very possible in my case.

2) nabasa ko na rin po sa ibang thread na napakahirap ng ganito pero nagbabakasakali pa rin ako. I cannot file for late reg anymore dahil naipasok ko na sa Mandaluyin city hall and birth certificate ng bata. at naifile ko na rin sa SSS and BIR.

pwede bang grounds for changing of name ang hindi pagbibigay ng sapat na sustento? last year, i enumerated to him on paper yung list of expenses ng bata. only once did he give me the right amount. yung mga sumunod eh depende na sa gusto nyang ibigay. masasabing monthly ay nagbibigay sya pero wala sa schedule. minsan lmipas na ang isang buwan bago sya magbigay. dahil dito, hindi ko na rin inaasahan yung sustento kasi unpredictable nga. now, gusto kong magkapareho kami ng surname para naman pareho kami ng pangalan, pag nagskul sya ay no questions among her classmates bakit ang mommy nya ay different name sa kanya, or at least kahit kelan ay pwede kaming magabroad,

hope you can help me. very asap po sana yung PPO dahil hindi po kami matatahimik habang patuloy nyang hindi nirerespeto ang rights ko.


Hi!

Due to the urgency of the issue, I took the liberty of summarizing the process in asking for PPO as follows:

1.Apply for a protection order which must be in writing, signed and verified under oath.

2.The TPO or PPO may be filed as an independent action or as incidental relief in any civil or criminal case against your ex. (I think there is a standard protection order application form, please inquire with the DSWD, Court or police stations. You need to state the circumstances, reliefs requested, etc. in the application form.)

3.File the application for a TPO or PPO with the Family Court, RTC or MTC in the area where you currently reside. Consequently, you need to hire a lawyer or if you are not financially able, ask for a lawyer with PAO.

4.If the application is sufficient in form and substance, Notice of Hearing shall be issued and thereafter hearings shall be had.

5.The court decides if you are entitled to TPO or PPO or not.

6.If the TPO or PPO is issued but is violated by your ex, you may file a complaint in the court that issued the TPO or PPO for violation of the order. If proven guilty to have violated the TPO or PPO, he may be imprisoned for 30 days and may be held liable in contempt of court.

Good Luck.

[fibia1]

^thank you for posting. I just came from the PAO office in makati and they told me im not qualified to avail their service bec i am not an indigent. They told me to get a private lawyer instead. I already told them i need a TPO or PPO but that was all they told me. Is there such a thing as an application form for tpo/ppo that a non lawyer like me can accomplish or is this the typical petition docs that lawyers do.

[rudy_arete]

Hello hello atty fqtprt.. :)

To whiskeysugar:

Wala na po ako midadagdag sa payo ng ating butihing resident attorney but to wish you Goodluck. Mahaba habang pagsubok nga ang kelangan mo daanan but lagi mo lang isipin na para sa anak mo ang pinaglalaban mo. Do pray for it dear, di ka naman pababayaan ng nasa itaas.


To gilbertjulian:

Since your son is only 1 yr old, he is supposed to be covered by RA 9255 where an illegitimate child can use the surname of his father provided that the father acknowledges his paternity. This is actually automatic according to the NSO. The computer inputs the surname of the father pag nakapirma sya sa likod ng birth certificate ng bata. So again, I don’t know how it happened that your son was acknowledged by his father pero surname mo ang gamit nya. There must be an error on the part of the Civil Registrars Office.
Based on my experience, you and your son’s father can execute an agreement which establishes each other’s rights and obligations. Ito ay kung mapapapayag mo sya na pumirma sa isang bagay na alam nya eh matatali sya. At ang isa pa, kahit meron kayo agreement, pwede pa rin nya itong hindi sundin. So in short, hindi rin gaanong mabisa ang kahit anong letter na ibigay nya na magsasabi kung kelan at magkano ibibigay nya kung ito ay walang utos galing sa isang authority. Meaning, kung talagang aabot sa sitwasyon na hindi na maayos ang usapan nyo ng ex mo at hindi na sya nagbibigay ng tamang financial support, mas mabisa kung magsampa ka na lang ng demanda. Kasama din sa RA 9262 (Violence against Women and Children) ang hindi pagbibigay ng financial support sa illegitimate children. Ang korte kasi ang magdedesisyon kung magkano ang nararapat na ibigay ng ex mo ayon sa kakayanan nya at sa pangangailangan ng anak nyo. Pag hindi sya sumunod sa napagkasunduan nyo sa korte, duon sya pwede maparusahan.

To fibia1:

It is indeed possible for your child to be kidnapped by her own father. He has the makings of it. If that happens, you will still need to hire a lawyer and then file a case against him. So why wait for that to happen? I mean, as atty. fqtprt mentioned in the steps, you will still need to hire a lawyer. Hire a lawyer now and I’m sure your lawyer will tell you exactly what to do. The only way to minimize cost is to find a good lawyer na hindi naman expensive. Pag hindi expensive, hindi naman ibig sabihin hindi magaling. There are a lot of lawyers there na handa ka tulungan. Try atty. fqtprt here.. baka mura lang accetance fee nya.

Nope, failure to give financial support is not among the valid reasons to change a child’s name. In fact, if you want to force the father to send appropriate financial support, you will also need to file a petition using RA 9262 and you will use your child’s name or birth certificate as proof of filation.

[fqtprt]

^thank you for posting. I just came from the PAO office in makati and they told me im not qualified to avail their service bec i am not an indigent. They told me to get a private lawyer instead. I already told them i need a TPO or PPO but that was all they told me. Is there such a thing as an application form for tpo/ppo that a non lawyer like me can accomplish or is this the typical petition docs that lawyers do.

I believe there are forms that you can fill out. However, you will still need the assistance of a lawyer since there will be court hearings on this and possible oral argument. If you ever hire one, I suggest you ask your lawyer to draft a pleading instead of the pro-forma application in order for you to have a more detailed narration of the circumstances and persuade the court to issue the TPO/PPO in your favor.

[watzupwidju]

Hi Rudy.

@wazupwidu:
Have you decided yet? :)



-- hi mam/ sir. yes i already have decided. just named the baby after me without a middle name. ok na din yung birth certificate nya. thanks alot po.

-- bakit kaya palala ng palala situations ngayon? different situations, different level of severity. nakakalungkot lang kasi babies today are now living with separate, or if not, quarelling parents. pinagaawayan right ng bata. sana mabago na lahat ng mga sitwasyon natin. Godbless everyone.

[fqtprt]

-- hi mam/ sir. yes i already have decided. just named the baby after me without a middle name. ok na din yung birth certificate nya. thanks alot po.

-- bakit kaya palala ng palala situations ngayon? different situations, different level of severity. nakakalungkot lang kasi babies today are now living with separate, or if not, quarelling parents. pinagaawayan right ng bata. sana mabago na lahat ng mga sitwasyon natin. Godbless everyone.

Good to hear na ok na birth cert ni baby. :)

Good luck!

[gilbertjulian]

Thank you atty fqtprt & ms rudy for prompt reply!

Yes po.. the father of my child acknowledge his son.. mey nkatype written po sa gilid ng BC nya na Acknowledge by : *** name nung father, addrss, religion, age. pero *** details ng Fathers' Info dun mismo sa mga boxes N/A prin po.. so naguluhan ako now sa sinabi nyo.

actually, late registration ang baby ko (I gave birth ng Nov, then i filed the certificate sa Municipal ng Feb ***). first filing ko sa municipal hall, ako lang ang nagsubmit. *** nilagay *** identity nung father & i havent asked his acknowledgement.. at that time kc he doesnt want any responsibility esply financial obligation that's Y i didnt obliged him on any matter para walang gulo. after 5mos naging mejo ok *** communication nmin. ***, pinabago nmin *** BC. we both agreed na i-acknowledge n nga lang nya. Naalala ko mey dalawang form na binigay sa amin sa Municipal Hall, isang form for acknowledgement po ata un at isang form if gagamitin *** surname nya. Sa municipal hall, nagtype lang sila dun mismo sa lumang BC ng baby ko na un nga he acknowledged his son.


So u mean, once i forward it to NSO.. automatic surname na ng father *** nkalagay sa name nya?

[rudy_arete]

Ah ok. So pahabol na lang pala yung acknowledgement. Na nung bumalik kayo for change of birth certificate, the Local Civil Registrar accepted the separate acknowledgement form and simply annotated the information regarding the acknowledgement sa side nung unang birth certificate na hawak mo.

I think we have the same case here na ganyan din. Sorry po kasi I haven’t seen that other form na ginagamit pag pahabol na lang yung acknowledgement. The only thing I’ve seen lang kasi is yung nasa likod ng birth certificate na kelangan pirmahan ng biological father.

Yup, tama po ang unang entry. Pag N/A ang nakalagay sa ifo ng father nung first time that you submitted your son’s birth certificate, automatic na surname ng mother ang gagamitin ng bata. But No, hindi ganun kasimple na isusubmit mo lang sa NSO yung acknowledgment form ay mababago na ang surname ng anak mo. I think you will need to undergo court proceedings for that. Not sure lang po ako kung pwede mo gamitin na grounds sa petition for change of surname yung pahabol na pag acknowledge ng father ng son mo.

[fqtprt]

Thank you atty fqtprt & ms rudy for prompt reply!

Yes po.. the father of my child acknowledge his son.. mey nkatype written po sa gilid ng BC nya na Acknowledge by : *** name nung father, addrss, religion, age. pero *** details ng Fathers' Info dun mismo sa mga boxes N/A prin po.. so naguluhan ako now sa sinabi nyo.

actually, late registration ang baby ko (I gave birth ng Nov, then i filed the certificate sa Municipal ng Feb ***). first filing ko sa municipal hall, ako lang ang nagsubmit. *** nilagay *** identity nung father & i havent asked his acknowledgement.. at that time kc he doesnt want any responsibility esply financial obligation that's Y i didnt obliged him on any matter para walang gulo. after 5mos naging mejo ok *** communication nmin. ***, pinabago nmin *** BC. we both agreed na i-acknowledge n nga lang nya. Naalala ko mey dalawang form na binigay sa amin sa Municipal Hall, isang form for acknowledgement po ata un at isang form if gagamitin *** surname nya. Sa municipal hall, nagtype lang sila dun mismo sa lumang BC ng baby ko na un nga he acknowledged his son.


So u mean, once i forward it to NSO.. automatic surname na ng father *** nkalagay sa name nya?

Ah ok. So pahabol na lang pala yung acknowledgement. Na nung bumalik kayo for change of birth certificate, the Local Civil Registrar accepted the separate acknowledgement form and simply annotated the information regarding the acknowledgement sa side nung unang birth certificate na hawak mo.

I think we have the same case here na ganyan din. Sorry po kasi I haven’t seen that other form na ginagamit pag pahabol na lang yung acknowledgement. The only thing I’ve seen lang kasi is yung nasa likod ng birth certificate na kelangan pirmahan ng biological father.

Yup, tama po ang unang entry. Pag N/A ang nakalagay sa ifo ng father nung first time that you submitted your son’s birth certificate, automatic na surname ng mother ang gagamitin ng bata. But No, hindi ganun kasimple na isusubmit mo lang sa NSO yung acknowledgment form ay mababago na ang surname ng anak mo. I think you will need to undergo court proceedings for that. Not sure lang po ako kung pwede mo gamitin na grounds sa petition for change of surname yung pahabol na pag acknowledge ng father ng son mo.


No need for court proceedings. Eto gawin mo:

1. Prepare the following:
a. Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back;
b. Affidavit to Use the Surname of the Father (AUSF)

2. Punta ka sa Local Civil Registry Office (LCRO) where the child was born and submit mo yang mga documents mentioned in no. 1

If walang problema, ia-annotate sa birth certificate ang phrase na ""The surname of the child is hereby changed from (original surname) to (new surname)pursuant to RA 9255."

ok? *okay*

By the way, please avoid textpeak para walang *** ang messages mo at para maintindihan namin ng maayos. :)

[whiskeysugar]

thanks po atty.fqtprt..mahirap po talaga ang case ko sabi nga ng lawyer ko kahit saan daw ako pumunta yung acknowledgment from the father ang hinahanap..well,nag try lang ako magpadala ng demand letter sa knya dun sa address niya sa abroad just to inform him and it's up to him kung ano ang gagawin niya or kung may gagawin nga ba siya regarding that letter..bahala na lang si Lord sa kanya tutal napalaki ko naman ng maayos ang baby ko..
onmy part ginawa ko naman siguro ang lahat para sa baby ko pero di pa rin sapat..hoping someday paglaki ng baby ko,buhay pa ang thread na ito at nag pex..hehehe..para malaman niya kung gaano ko ipinaglaban ang karapatan niya sa tatay niya..alam ko balang araw maghahanap siya ng papa,is it wise to tell her na patay na ang tatay niya para wala ng maraming tanong pa...kasi ganun din naman eh di naman siya acknowledge ng father niya..waste of time lang di ba although alam ko right niya yun..

[fqtprt]

thanks po atty.fqtprt..mahirap po talaga ang case ko sabi nga ng lawyer ko kahit saan daw ako pumunta yung acknowledgment from the father ang hinahanap..well,nag try lang ako magpadala ng demand letter sa knya dun sa address niya sa abroad just to inform him and it's up to him kung ano ang gagawin niya or kung may gagawin nga ba siya regarding that letter..bahala na lang si Lord sa kanya tutal napalaki ko naman ng maayos ang baby ko..
onmy part ginawa ko naman siguro ang lahat para sa baby ko pero di pa rin sapat..hoping someday paglaki ng baby ko,buhay pa ang thread na ito at nag pex..hehehe..para malaman niya kung gaano ko ipinaglaban ang karapatan niya sa tatay niya..alam ko balang araw maghahanap siya ng papa,is it wise to tell her na patay na ang tatay niya para wala ng maraming tanong pa...kasi ganun din naman eh di naman siya acknowledge ng father niya..waste of time lang di ba although alam ko right niya yun..


Iba-iba ang view ng tao on how to explain sa bata about the father. I am single but if mangyari sa akin yang situation mo, I'll tell my child the truth for the simple reason that he/she deserves to know the truth din. Mahirap naman na maging example pa ako ng lies sa anak ko.

[gilbertjulian]

sorry po atty for the txt format.

since both of u advised me about the BC of my child, dinobol check ko po yung dox nya para lalo po akong malinawan at once na iforward ko po sa NSO wlang maging prob.
here r the dox:

1. Certification from Municipal Civil Registrar - nklagay run sa letter naInaAcknowledge nga nung tatay yung bata
2. LCR form #1A - nkalagay run yung details ng names nmin (yung baby, ako @ yung tatay). tas sa gilid mey typed written na remarks: "Acknowledge by" (name nung father, date wen nya inAcknowledge, age, citizenship, religion)
3. Certificate of Live Birth ng bata - gnun rin mey remarks sa gilid: "Acknowledge by" (name nung father, date wen nya inAcknowledge, age, citizenship, religion). Pero sa box ng Father's Info wala plang nkalagay na N/A blanko lang po. tas sa likod wlang signature nung tatay (nkalagay kc sa likod nung BC nya (title is:) Affidavit of Acknowledgement / Admission of Paternity kso no signature nya. pro sa mismong form ng
4. Affidavit of Admission of Paternity - rito mey signature na sya

tama po ba yung mga docs na ito?. Ok lang po ba wala syang signature sa likod ng BC at N/A po sa father's info? since hindi ko nmn po ipapagamit yung surname nya. gusto ko lang iAcknowledge nya na sya yung tatay nung bata. at OK lang rin po ba na ako lang ang magsubmit nito sa NSO kahit wala yung presence nya?

Thanks po sa tulong ninyo!

[fqtprt]

sorry po atty for the txt format.

since both of u advised me about the BC of my child, dinobol check ko po yung dox nya para lalo po akong malinawan at once na iforward ko po sa NSO wlang maging prob.
here r the dox:

1. Certification from Municipal Civil Registrar - nklagay run sa letter naInaAcknowledge nga nung tatay yung bata
2. LCR form #1A - nkalagay run yung details ng names nmin (yung baby, ako @ yung tatay). tas sa gilid mey typed written na remarks: "Acknowledge by" (name nung father, date wen nya inAcknowledge, age, citizenship, religion)
3. Certificate of Live Birth ng bata - gnun rin mey remarks sa gilid: "Acknowledge by" (name nung father, date wen nya inAcknowledge, age, citizenship, religion). Pero sa box ng Father's Info wala plang nkalagay na N/A blanko lang po. tas sa likod wlang signature nung tatay (nkalagay kc sa likod nung BC nya (title is:) Affidavit of Acknowledgement / Admission of Paternity kso no signature nya. pro sa mismong form ng
4. Affidavit of Admission of Paternity - rito mey signature na sya

tama po ba yung mga docs na ito?. Ok lang po ba wala syang signature sa likod ng BC at N/A po sa father's info? since hindi ko nmn po ipapagamit yung surname nya. gusto ko lang iAcknowledge nya na sya yung tatay nung bata. at OK lang rin po ba na ako lang ang magsubmit nito sa NSO kahit wala yung presence nya?

Thanks po sa tulong ninyo!

Mag submit din kayo ng Affidavit to Use the Surname of the Father (AUSF). Kasi hindi na-acknowledge yung bata at the time of registration.

RA 9255 Form 1 tawag don if I'm not mistaken.

[f0rk]

-- hi mam/ sir. yes i already have decided. just named the baby after me without a middle name. ok na din yung birth certificate nya. thanks alot po.

-- bakit kaya palala ng palala situations ngayon? different situations, different level of severity. nakakalungkot lang kasi babies today are now living with separate, or if not, quarelling parents. pinagaawayan right ng bata. sana mabago na lahat ng mga sitwasyon natin. Godbless everyone.

hi watzup! i know this is unsolicited, pero i just wanted to say i think you made the right decision. i am a single mom and did the same thing you did 5 yrs ago... gave my son my surname and no middle name.

Nung ako nagdedecide, di ko na kinonsider yung ibibigay ko both middle name and last name ko sa kanya, kasi nga parang magiging siblings kami mag-ina. It was just a choice between giving him only my surname, or have him bear his father's name just so he could have a "complete" name.

But I have always thought that people will notice the absence of a middlename no less than they would notice the difference between the surnames of mother and child. In this context I opted for the one which I believe puts us in a more favourable position. This path also has less legal intricacies. Our future looks bright. My advice to the single-moms-to-be who are decided that they arent gonna be needing and wanting anything from their child's father, just give your child your last name.

and don't have him sign the acknowledgement of paternity at the back of the birth certificate otherwise these "consent" issues will always be an obstruction to your well-deserved happiness and peace.

[ainabrual]

to the brilliant researcher(s) and lawyers of this thread, im in need of your expertise..

here's my situation:
--i gave birth to my son last year, ( i was 22, his dad was 24). we're not yet married by that time because, his mom dies.( we believe in sukob sa patay), so his dad acknowledged my son thru an affudavit we both signed.( which makes him illegitimate, being born out of wedlock, am i right?). :hmm:

--now, our son is 9 mos old,his dad and i are still very much together, we love each other and we support our child in every aspect and in every means possible.:)

--my question is this, if we decide to get married in the future, my son's father and i, do we still have to adopt our own kid just so he can be lifted to a legitimate status?my son uses, HIS surname, and MY last name as his middle name.:confused:

thanks. your insights are very much needed, and appreciated.:bop:

[fqtprt]

to the brilliant researcher(s) and lawyers of this thread, im in need of your expertise..

here's my situation:
--i gave birth to my son last year, ( i was 22, his dad was 24). we're not yet married by that time because, his mom dies.( we believe in sukob sa patay), so his dad acknowledged my son thru an affudavit we both signed.( which makes him illegitimate, being born out of wedlock, am i right?). :hmm:

--now, our son is 9 mos old,his dad and i are still very much together, we love each other and we support our child in every aspect and in every means possible.:)

--my question is this, if we decide to get married in the future, my son's father and i, do we still have to adopt our own kid just so he can be lifted to a legitimate status?my son uses, HIS surname, and MY last name as his middle name.:confused:

thanks. your insights are very much needed, and appreciated.:bop:


Hello. Welcome to this thread.

No, you need not adopt your own child in this situation.

What you need only is to get married and after that, submit with the NSO the authenticated marriage certificate + other documents. This process is called Legitimation, meaning, the illegitimate child becomes a legitimate child by virtue of a subsequent valid marriage of the parents.

Requirements for Legitimation by Subsequent Marriage are as follows:

1.Execute Joint Affidavit of Legitimation (3 copies)
2.If child has not yet been acknowledged, execute Affidavit of Paternity/Acknowledgement, submit 3 copies
3.Certified Copy of Birth Certificate (1 copy)
4.Certified Copy of Marriage Contract (3 copies)
5.Copy of Divorce paper, if Divorced
6.CTC of Death Certificate if one of the parent is deceased
7.NSO Certificate of No Record of Marriage (CENOMAR) for both

(NOTE: If child was conceived and born from parents with previous existing marriage or when parents have legal impediment to marry, Affidavit of Legitimation is not registrable.)

Once verified by the NSO, there will be a notation on the birth cert of the child stating something like this -- "The surname of the child shall be changed from __ to __ by virtue of the valid marriage of the parents..."

Good luck!:)

[ainabrual]

wow.that's quite a relief!:):):)

thanks a bunch atty.fqtprt ( was i correct?i found it hard to memorize your name..sorry if i made a mistake typing it ):bashful:

thanks a lot..that just made my day!:D:D:D

[malmd]

hi fqtprt and rudy, thank you for making is topic, i have been browsing it and now i need you advices:
1) I was 24 and my bf was 20 then, i got pregnant my relatives decided not to marry us. my boyfriend then was NEVER ever supportive, I cant blame him though. We parted ways during my 5th month of pregnancy, i gave birth.But was still hopeful for a happy family until my daughter was 2 y/o. the name of my daughter was the same of my middle and last name. The father acknowledges and signs at the back of the birth certificate.
2) He was a bum then and bum until now. I broke up with him before my daughter turned 2 y/o. Now, my daughter is 14y/o and will be 15 y/o this july.
3) No financial support since the child was born and never came to my house to see his daughter, it was me who brings the child to his house before, until I got fed up.His house is 10 mins away from mine.
4) I got married when my daughter was 3 1/2 years old, to my first boyfriend in highschool. It was a struggle initially as he became jealous to my daughter(parang teleserye) My daughter thought my hub is his true father, until she reached 10y/o and started to ask questions why her surname is different from her brothers. I told her the truth, BUT, never told her who his biological father is.
5) Now, my hub came to his senses(he3) and decides that his surname be used by my daughter. Their relationship is now ok. I now have 2 sons and an additional daughter last July 2008.I would like to ask the steps how my daughter can have my husband's surname.

a) can you give me other reasons for my petition aside to uplift her status and about social stigma?
b) is it possible for me to file w/o the consent of my ex bf, who i dont want to see?
c) how long was the shortest and longest time before the court grants my petition do you know of?
d) in case i die before my petition be granted, i know its my parents(sickly) who can take care of my daughter, can i just make a written document that my husband be the next legal guardian or my siblings, but not under my ex bf care?
e) will a written consent of waiving his rights, be more favorable. do i have to file for abandonment? I wanted this petition be faster so that before my daughter graduates highschool, i can change her surname for school records purposes.
f) in case he objects(bakit naman?), what may/can be use against him for the court to turn in my favor? remember, he doesnt even have the guts to go to my place and tell my daughter that he is the father . one reason of my panicking is his father is a retired judge..(ohhhh)

please i need your opinion....and inputs.my cousin is a lawyer but may not be in this field of expertise, he is more of a corporate lawyer. I would meet him this week , so i want your inputs sana before i see him. thanks a lot and more power.pasensya na sa haba ng story ko.... GOD BLESS YOU both!
:bashful:

[fqtprt]

hi fqtprt and rudy, thank you for making is topic, i have been browsing it and now i need you advices:
1) I was 24 and my bf was 20 then, i got pregnant my relatives decided not to marry us. my boyfriend then was NEVER ever supportive, I cant blame him though. We parted ways during my 5th month of pregnancy, i gave birth.But was still hopeful for a happy family until my daughter was 2 y/o. the name of my daughter was the same of my middle and last name. The father acknowledges and signs at the back of the birth certificate.
2) He was a bum then and bum until now. I broke up with him before my daughter turned 2 y/o. Now, my daughter is 14y/o and will be 15 y/o this july.
3) No financial support since the child was born and never came to my house to see his daughter, it was me who brings the child to his house before, until I got fed up.His house is 10 mins away from mine.
4) I got married when my daughter was 3 1/2 years old, to my first boyfriend in highschool. It was a struggle initially as he became jealous to my daughter(parang teleserye) My daughter thought my hub is his true father, until she reached 10y/o and started to ask questions why her surname is different from her brothers. I told her the truth, BUT, never told her who his biological father is.
5) Now, my hub came to his senses(he3) and decides that his surname be used by my daughter. Their relationship is now ok. I now have 2 sons and an additional daughter last July 2008.I would like to ask the steps how my daughter can have my husband's surname.

a) can you give me other reasons for my petition aside to uplift her status and about social stigma?
b) is it possible for me to file w/o the consent of my ex bf, who i dont want to see?
c) how long was the shortest and longest time before the court grants my petition do you know of?
d) in case i die before my petition be granted, i know its my parents(sickly) who can take care of my daughter, can i just make a written document that my husband be the next legal guardian or my siblings, but not under my ex bf care?
e) will a written consent of waiving his rights, be more favorable. do i have to file for abandonment? I wanted this petition be faster so that before my daughter graduates highschool, i can change her surname for school records purposes.
f) in case he objects(bakit naman?), what may/can be use against him for the court to turn in my favor? remember, he doesnt even have the guts to go to my place and tell my daughter that he is the father . one reason of my panicking is his father is a retired judge..(ohhhh)

please i need your opinion....and inputs.my cousin is a lawyer but may not be in this field of expertise, he is more of a corporate lawyer. I would meet him this week , so i want your inputs sana before i see him. thanks a lot and more power.pasensya na sa haba ng story ko.... GOD BLESS YOU both!
:bashful:

The only way that your child can use the surname of your husband (who is not your child's biologicl father) is through adoption. Since there will be severence in the relationship between your child and the biological father, his consent is needed.

As to how long the adoption process would take, please read page one of this thread. You'll find there how to go about it and how much is the estimated cost.

A petition for abandonment is another legal process. This will take time and costs some money too.

[Pendudung]

Hi! yung kaibigan ko pong babae ay nagpaplano makipag-annul sa asawa kaso nasa abroad siya.. yung anak po nila ay nasa asawa niya sa pilipinas. Umalis yung kaibigan ko ng pilipinas noong 1 taong gulang pa lamang ang anak nila papuntang hongkong kasi walang trabaho yung asawa hangang sa ngayon.. ang ginagawa po nila dati e every 2 months e kinukuha nung nanay nung kaibigan ko yung anak nila, kasi nga hindi na maganda ang kanilang samahan.. tapos ngayon po e ayaw na ibigay nung asawa nya yung anak nila sa nanay nung kaibigan ko.. ano po kaya ang mga dapat nyang gawin?

makukuha po ba ng kaibigan ko ang anak nya thru legal matters kahit nasa abroad siya?

salamat po..

[mack0718]

KUYA RUDY!!:)
NICE thread. ngyon lang ako nagsubscribe dito sa PEX at napasubscibe ako dahil im hoping na you could help me answer some stuffs.

i just gave birth last feb 14. pinagamit ko sa baby ko yung surname ko and hindi yung sa father since ayaw ng parents ko.kaya lang hindi ko din nalagyan ng father's information yung dun sa front page ng birth cert kasi sabi nung babae dun sa hospital if hindi married NA ko nlng daw only to find out na pwede pala. so wala tuloy proof na sha yung tatay nugn baby ko.

QUESTION:
kung magpakasal ba kami, pwede bang affidavit na lang yung ibigay sa cityhall to change the surname of my daughter sa surname ng father nya or

kelangan ng adoption process since walang proof na sha yung father.

I Need an answer on this pleasssssse KUYA!!!!


Thanks a lot!

[fqtprt]

Hi! yung kaibigan ko pong babae ay nagpaplano makipag-annul sa asawa kaso nasa abroad siya.. yung anak po nila ay nasa asawa niya sa pilipinas. Umalis yung kaibigan ko ng pilipinas noong 1 taong gulang pa lamang ang anak nila papuntang hongkong kasi walang trabaho yung asawa hangang sa ngayon.. ang ginagawa po nila dati e every 2 months e kinukuha nung nanay nung kaibigan ko yung anak nila, kasi nga hindi na maganda ang kanilang samahan.. tapos ngayon po e ayaw na ibigay nung asawa nya yung anak nila sa nanay nung kaibigan ko.. ano po kaya ang mga dapat nyang gawin?

makukuha po ba ng kaibigan ko ang anak nya thru legal matters kahit nasa abroad siya?

salamat po..

Parental custody should be jointly exercised by both parents. In the absence of either, the custody should be with the surviving parent. In the absence of both parents, sa grandparents.

And since yung mother ng bata is abroad, necessarily sa father ang custody.

If your friend wants to file for annulment, pwede yun kahit nasa abroad siya. May mga legal remedies diyan.

In the event ma-annul ang kasal nila, pwede niya hingin sa court na sa kanya ibigay ang custody ng bata, lalo na kung below 7 years old.

[whiskeysugar]

atty,wala pong middle name ang anak ko sa birth certificate nya..ok lang po ba?hindi po ba maging conflict yun sa pag aaral niya at sa future niya lalo na po yung pag fifill up ng mga forms pag lumaki na siya di ba?...
thanks in advance...

[fqtprt]

atty,wala pong middle name ang anak ko sa birth certificate nya..ok lang po ba?hindi po ba maging conflict yun sa pag aaral niya at sa future niya lalo na po yung pag fifill up ng mga forms pag lumaki na siya di ba?...
thanks in advance...

walang problem yan.:)

[marie27]

hi atty.. newbie lang po ako dito...
i have boyfriend po and we are living together, we already have son 1 year and six mos. ginagamit po ng baby ko un surname ng father niya and may acknowledgment din po sa likod ng birth certificate.. hindi po kami kasal kasi mgfile pa po siya ng annulment s previous marriage niya.. kind a complicated sitwasyon po..
gusto ko po sana na maayos ang status ng baby ko, ano po ang dapat kong gawin?
1. kng ok n po un annulment niya, at nagpakasal kami? magiging legitimate na po ba ang baby ko? how?
2. kng indi po maging ok un annulment niya? may chance po na maayos un status ng baby ko?
thanks in advance
God Bless

[malmd]

Hi there, thanks fqtprt for your reply, yeah, i need to adopt pala my own daughter as what you and rudy have stated before and from the previous post.I have talked with my cousin (more of corporate lawyer) so for now, i will ask an affidavit to the biological father to allow us that my husband and I will adopt my daughter so that it can change her surname to be same like her other siblings. and IF he(biological father) doesnt allow, i will just wait when my daughter becomes 18y/o and let her petition herself to let us adopt her even without the permit of the biological father since she will be of age na pala by the time she reach 18.....what do you call that petition?hayyy, but i will try the affidavit na rin...thanks for this forum....


....to marie, i hope ma annull na nga yung previous marriage because your son will remain illegitimate while he is still married. while reading other post topic, i have learned that if you finally be married to the father, you may still need for a petition for your son to lift his status to legitimate.....kasi annulled na marriage ng bf (new status na sya) mo.I think it will be more easier too, pero im not a lawyer, kaya i dont know what petition.if hindi maapprove anullment nya, son remains illegitimate even with the father's surname. goodluck ha!

[fqtprt]

hi atty.. newbie lang po ako dito...
i have boyfriend po and we are living together, we already have son 1 year and six mos. ginagamit po ng baby ko un surname ng father niya and may acknowledgment din po sa likod ng birth certificate.. hindi po kami kasal kasi mgfile pa po siya ng annulment s previous marriage niya.. kind a complicated sitwasyon po..
gusto ko po sana na maayos ang status ng baby ko, ano po ang dapat kong gawin?
1. kng ok n po un annulment niya, at nagpakasal kami? magiging legitimate na po ba ang baby ko? how?
2. kng indi po maging ok un annulment niya? may chance po na maayos un status ng baby ko?
thanks in advance
God Bless

1. kng ok n po un annulment niya, at nagpakasal kami? magiging legitimate na po ba ang baby ko? how? - No. Yung process of legitimation applies only IF BOTH parents do not have any legal impediment to marry at the time of conception and birth of the child, meaning ~ pwedeng magpakasal at walang hadlang at the time na nabuo or pinanganak yung bata. Since according to you, hindi pa annuled bf mo, illegitimate yung bata. And even assuming ma-annul marriage nila, di pa rin pwede maging legitimate yung bata because of the legal impediment i've mentioned earlier. If you want your child to be legitimate, i-adopt ninyo after ninyo makasal.


2. kng indi po maging ok un annulment niya? may chance po na maayos un status ng baby ko? ~ Unfortunately, none. Unless pakasal ka sa single guy and adopt the child later on.

[mack0718]

KUYA RUDY!!:)
NICE thread. ngyon lang ako nagsubscribe dito sa PEX at napasubscibe ako dahil im hoping na you could help me answer some stuffs.

i just gave birth last feb 14. pinagamit ko sa baby ko yung surname ko and hindi yung sa father since ayaw ng parents ko.kaya lang hindi ko din nalagyan ng father's information yung dun sa front page ng birth cert kasi sabi nung babae dun sa hospital if hindi married NA ko nlng daw only to find out na pwede pala. so wala tuloy proof na sha yung tatay nugn baby ko.

QUESTION:
kung magpakasal ba kami, pwede bang affidavit na lang yung ibigay sa cityhall to change the surname of my daughter sa surname ng father nya or

kelangan ng adoption process since walang proof na sha yung father.

I Need an answer on this pleasssssse KUYA!!!!


Thanks a lot!


Pkisagot naman po ito anyone.please!! i need an answer ASAP po.. pleaassse.. HELPPPPP!

[czariwich]

hi to all! i am new here and I have a very urgent need for advise. I have a 2yr old son out of wedlock. In June 2007 when he was only 4 months old, I left him under the care of my sister so that I can work abroad. The father of my son and I both work abroad and we both send monthly financial support for our son tru my sister. In February of this year, the father of my son came back to the Philippines. Since I am now having problems with my family, not to mention the fact that I was deprived of seeing my son for almost two months, I decided to pass on the temporary custody of my son to his biological father. I and my son's father made an agreement on the conditions of his temporary custody and we signed the affidavit and notarized it in the Philippines. However, my sister, along with my family, would not give up custody of my son. They even threatened to sue us both if I insist on giving the father of my son the temporary custody. Now, I fear that my very own family, with our growing issues and disgreements at hand, would keep my son away from us, the biological parents. Since we were not married, the DSWD advised the father of my son that the only way for us to retrieve our son is through my personal appearance. That means I have to go back to the Philippines and seek the help of DSWD to assist me retrieve my son. The problem is I cannot simply go back to the Philippines now. I am financially constrained and my managers would not allow me to leave the country at this time. If I insist on going home, I wouldn't have enough money to bring and I might lose my job in the process. What must I do in order to retrieve my son from my own family and allow his father take temporary custody? I really don't trust my family now and I do fear that they may take him away from me completely. By the way, they already brought him to the province for two weeks without my knowledge. I only learned about this when I saw my son's pictures posted in Friendster tru my cousin's account. My son bears his father's surname, the father fully acknowledged his paternity from the start of my pregnancy. It's just that my family would not give up custody of my son because they would not approve of the father. Both I and the father are of legal age (late 20s).

I really wanted this issue to be resolved. Please help me, and I am really desperate.

[rudy_arete]

KUYA RUDY!!:)
NICE thread. ngyon lang ako nagsubscribe dito sa PEX at napasubscibe ako dahil im hoping na you could help me answer some stuffs.

i just gave birth last feb 14. pinagamit ko sa baby ko yung surname ko and hindi yung sa father since ayaw ng parents ko.kaya lang hindi ko din nalagyan ng father's information yung dun sa front page ng birth cert kasi sabi nung babae dun sa hospital if hindi married NA ko nlng daw only to find out na pwede pala. so wala tuloy proof na sha yung tatay nugn baby ko.

QUESTION:
kung magpakasal ba kami, pwede bang affidavit na lang yung ibigay sa cityhall to change the surname of my daughter sa surname ng father nya or

kelangan ng adoption process since walang proof na sha yung father.

I Need an answer on this pleasssssse KUYA!!!!


Thanks a lot!

Hi MACK0718,

Sorry medyo delayed reply.

Kung ang pakakasalan mo naman ay ang biological father nung anak mo, NO, hindi kailangan ang adoption process. After nyong maikasal ng father ng anak mo, ang kailangan nyo lang isubmit sa NSO ay ang mga nabanggit na ni Atty. fqtprt sa kanyang April 27, 2009 post (repy to ainabrual). For you, the applicable requirements are:



Requirements for Legitimation by Subsequent Marriage are as follows:

1.Execute Joint Affidavit of Legitimation (3 copies)
2.If child has not yet been acknowledged, execute Affidavit of Paternity/Acknowledgement, submit 3 copies
3.Certified Copy of Birth Certificate (1 copy)
4.Certified Copy of Marriage Contract (3 copies)
5.
6.
7.NSO Certificate of No Record of Marriage (CENOMAR) for both

(NOTE: If child was conceived and born from parents with previous existing marriage or when parents have legal impediment to marry, Affidavit of Legitimation is not registrable.)

Once verified by the NSO, there will be a notation on the birth cert of the child stating something like this -- "The surname of the child shall be changed from __ to __ by virtue of the valid marriage of the parents..."

Good luck!:)

[rudy_arete]

hi to all! i am new here and I have a very urgent need for advise. I have a 2yr old son out of wedlock. In June 2007 when he was only 4 months old, I left him under the care of my sister so that I can work abroad. The father of my son and I both work abroad and we both send monthly financial support for our son tru my sister. In February of this year, the father of my son came back to the Philippines. Since I am now having problems with my family, not to mention the fact that I was deprived of seeing my son for almost two months, I decided to pass on the temporary custody of my son to his biological father. I and my son's father made an agreement on the conditions of his temporary custody and we signed the affidavit and notarized it in the Philippines. However, my sister, along with my family, would not give up custody of my son. They even threatened to sue us both if I insist on giving the father of my son the temporary custody. Now, I fear that my very own family, with our growing issues and disgreements at hand, would keep my son away from us, the biological parents. Since we were not married, the DSWD advised the father of my son that the only way for us to retrieve our son is through my personal appearance. That means I have to go back to the Philippines and seek the help of DSWD to assist me retrieve my son. The problem is I cannot simply go back to the Philippines now. I am financially constrained and my managers would not allow me to leave the country at this time. If I insist on going home, I wouldn't have enough money to bring and I might lose my job in the process. What must I do in order to retrieve my son from my own family and allow his father take temporary custody? I really don't trust my family now and I do fear that they may take him away from me completely. By the way, they already brought him to the province for two weeks without my knowledge. I only learned about this when I saw my son's pictures posted in Friendster tru my cousin's account. My son bears his father's surname, the father fully acknowledged his paternity from the start of my pregnancy. It's just that my family would not give up custody of my son because they would not approve of the father. Both I and the father are of legal age (late 20s).

I really wanted this issue to be resolved. Please help me, and I am really desperate.


Hi CZARIWICH,
Your case is a bit unique since unlike most the cases in this thread, the antagonist here is your family. Well then, I just hope that the father of your son is really worth sacrificing your relationship with your family.

Yes, the best way to retrieve your son is for you to personally do it here in the Philippines. However, since you mentioned that you cannot do that, the father of your child needs to fight for his right. You indicated that he also sends financial support to your child, he acknowledged your child and you both signed a TEMPORARY custody agreement.

You have to remember first that you have all the rights over your child. Custody of an illegitimate child is given to the mother and it cannot be renounced or waived through a simple agreement. The words of your agreement must state that clearly. But it should also indicate the circumstances why you are granting temporary custody to the biological father.

The father of your child will need to file a petition for the enforcement of your temporary custody agreement in a family court. He will prove that, as the biological father, he is fully qualified and able to take care of your child and that you consented to the temporary custody.

With regards to the threat of being sued by your family, I doubt if they have any grounds to do that. And if they do find any ground to sue you, I don’t think it will prosper since they are not the proper party to file the case. Their right over your child is not a case of substituted parental authority or the court did not assign them to have authority over your child. Such right can only be given if they filed for it and if both parents are absent or unfit. Absentee parent does NOT mean physically absent. Meaning, you can only be considered as absentee parent if you totally cut your communication with your child and you can no longer be located. But since you’ve mentioned that you continue to send financial support and you try to communicate with your child, you’re not that one. The same argument can be used in abandonment. You cannot be charged with abandonment since even in abroad, you still try to communicate and send support to your child.

[czariwich]

Thanks Mr. Rudy for the immediate reply. You mentioned about the father filing for a petition under the family court. Thus, I assume that this may take some time before a verdict will be given. My problem now is that in the process, I might completely lose contact to my son since as I have previously mentioned, I was already threatened by my family that they will take my son away from me. Is there any other means that we could immediately retrieve my son? Honestly, I don't understand why DSWD would not take action on this matter and insists that I have to be there personally to settle the issue. Why can they not accept a consent letter from me, clearly identifying my reasons as to why I wanted to shift the temporary custody from my family to my son's biological father? Why is a consent letter from me not valid enough for the DSWD to take some actions? Thanks in advance. My apologies if I am being too nosy and makulit. :)

[fqtprt]

Thanks Mr. Rudy for the immediate reply. You mentioned about the father filing for a petition under the family court. Thus, I assume that this may take some time before a verdict will be given. My problem now is that in the process, I might completely lose contact to my son since as I have previously mentioned, I was already threatened by my family that they will take my son away from me. Is there any other means that we could immediately retrieve my son? Honestly, I don't understand why DSWD would not take action on this matter and insists that I have to be there personally to settle the issue. Why can they not accept a consent letter from me, clearly identifying my reasons as to why I wanted to shift the temporary custody from my family to my son's biological father? Why is a consent letter from me not valid enough for the DSWD to take some actions? Thanks in advance. My apologies if I am being too nosy and makulit. :)


What was the position of the person whom you talked to in DSWD? Maybe she/he does not have a clear grasp of your situation and may not be in the position to give legal advise.

Anyway, in addition to Rudy’s feedback, it has been ruled that parental authority and responsibility are purely personal, inalienable and may not be transferred or renounced except in cases authorized by law such as adoption, guardianship and surrender to a children’s home or an orphan institution. If a parent entrusts the custody of a minor to another person, such as a friend or relative, even when such custody was reduced in writing or embodied in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority.

Considering that this is a very complicated case, I suggest you consult a family lawyer as he/she may fully explain your legal options and next course of action.

[rudy_arete]

As Atty. fqtprt have mentioned, it is really best at this point that you and your son's father consult a lawyer to have a better understanding of the implications, cost and the strategy that you both will have to consider.

Yes, it may take some time before a verdict on your petition for enforcement of temporary custody is given but yes, there is also other means to immediately retrieve your son. On top of your petition for the enforcement of temporary custody, you will need to file a separate action which is a petition for habeas corpus para ilabas nila agad ang anak mo. Petition for habeas corpus is immediately executory. Bale dalawang petiton ang sabay nyong ifafile ng lawyer mo.

This is gonna be messy, exhaustive and stressfull dear. Before bringing this to court, be sure you've tried your best to talk peacefully with your family. A lot of people might get hurt. While I do understand that you are doing this for your son, it is hard to undo things specially when it involves family. So as much as possible dear, do try to settle things amicably.

[mache1112]

hello po atty....i'm a single mom may 2 kids ako both out of wedlock... yung unang anak ko nabuntis po ako ng bf ko at iniwan ako sa ere...sa sama ng loob ko at galit na rin, nung pinanganak ko un bata di ko pinalagay un fathers name sa birth certificate nya... ang nakalagay po dun is N/A, gamit gamit nya na surname is un sa akin.... ngayon po nag aaral na *** na realize ko na dapat pala nilagay ko un name ng father nya kasi di natin maiiwasan na may mga tao na mag bibigay ng mga commento pag nakita un birth certificate nya....atty anu po ba ang dapat gawin dun sa BC ng anak ko?.. yung tatay po ng 2nd child ko gusto nya ipalagay un name nya dun sa BC nang unang anak ko e hindi naman po *** ang ama... pwede ba un? ang parents ko willing sila na i adopt un unang anak ko pero may naka usap ang father ko sa city hall ng maynila di daw pwede un.....Atty ano po ba ang ma i-advise nyo sa akin....:confused:

[czariwich]

thank you so much for the enlightening insights you both shared. Unfortunately, I have exhausted all means to peacefully settle the issue but what I only get are threats of losing custody of my son. Anyway, I will speak to a lawyer about this matter. Again, my sincere gratitude for the advise.

[fahrenheit32]

good day... i'ts my first time here... i think na malaki ang maitutulong nyo sa akin. like most of the people here, single parent din ako. i have a daughter who is already 8 years old. bale matagal din kami nag-live in nung father nya pero di rin naging successful...babaero & verbally abused kami sa kanya (namutakti na tenga ko sa kakamura nya kaya didnspatsa ko na). the reason i've done that is gusto ko may magisnan sana na ama yung anak ko. pero di successful. bale 3 years ago na kami di nagsasama. after a month na maghiwalay kami, nagpakasal sya sa iba.my question is, hanggang saan lang ba ang karapatan nya as a biological father? meron pa nga ba?

yung bata, surname ko ang gamit nya pero yung name nya at yung acknowledgement, may pirma nya. may paraan pa ba para maging null yung acknowledgement nya?

thank you very much in advance :)

[nishi]

parang same question kami ni sis fahrenheit32. sakin naman, manganganak palang ako. plan ko kasi hindi magpakasal sa bf ko. pero gusto nya gamitin surname nya & acknowlegde nya yung baby sa birth cert. hindi rin ako makikipag-live in sa kanya.

gusto ko malaman kung magkakaproblem ako in future when i allow him na pumirma sya sa birthcert to acknowlegde & gamitin ng bata yung surname nya? pag ba magtravel abroad or magmigrate na ng ibang bansa *** mother & child kailangan pa ba kumuha ng clearance dun sa father?

kung hindi ko naman sya inallow acknowledge & gamitin *** surname,pwde ba nya maging ground in future na itigil din *** child support?

please enlighten me...thanks!

[f0rk]

hi nishi, since you asked for some enlightenment, let me help you.

for me the only real pros you get from having his trace on the BC are the following:

1. the establishment of grounds for child support and inheritance. but then if he doesnt provide it, the legal process to demand and acquire it is not easy and cheap anyway.

2. less embarrassment when you hand in your child's BC to whoever requires it. the "Father" field is not empty or filled out with the word "Unkown" (like in my case). But you dont totally escape embarrassment pa rin because even with both parents' names given, the child's illegitimate status is highly deducible from the parents' marriage details included in the BC.

3. you can have the option to give your child a last name (his), and a middle name (yours). Nasa sa yo yan kung gusto mo talaga iparecognize sa anak mo at sa society ang ama niya.

4. in case magkatuluyan kayo in the end, madali na malilift ang status ng bata from ill- to legitimate.

You need to give it a serious examination. I mean, your relationship. If you plan to eventually get married to each other and not only because you had a love child, then maybe it is reasonable to have him acknowledge paternity. If you have no plans to marry each other but there is sufficient sincerity, trust and respect as friends and it will never change, and you know he will always be readily available to sign legal consent documents when the need arises in the future (the possibility of this happening is very high), and you are willing to go through the inconveniences of doing that, then go ahead and have him acknowledge paternity.

Pero sabi mo you have no plan na magpakasal o makipag-livein sa kanya... at sabi mo kapareho ng kay fahrenheit ang case mo? Does it mean nagkakaproblema kayo sa relationship niyo ngayon? That's not a good sign. Marami na akong kakilala na pinagsisihan ang paghingi ng paternal acknowledgment. Having the father's name in the BC didnt help them. Lalo pa ngang naging complicated dahil sa pinanghahawakang authority ng father.

[ms.manel]

Hello everyone. It's my first time to post here. A friend of mine recommended this forum. Sabi nya sobrang helpful daw mga posters dito kaya sa inyo na rin ako hihingi ng tulong.
I have three kids. All out of wedlock. Yung panganay ko apelyido ko ang ginamit kasi separated kami nung father during the time of his birth. Pero yung 2 ginamit na yung last name ng father kasi live-in na kami during that time.
Hiwalay na kami ngayon nung father ng kids and I'm in a new relationship. My new bf is in the states and gusto niya ako i-petition along with my kids. Magkakaproblema kaya dun sa 2 kids ko na ginamit yung last name ng ex ko? Kailangan pa kaya ng consent niya? I also thought of changing the last names of my 2 kids sa apelyido ko na lang. Mas magiging madali kaya pag ganon?
I hope you can help me out. Thanks in advance.

[maria_cruz]

Dear Friends,

I would like to seek for an advise on my case

I have a 4yrs old son that is using his father's surname, the guy signed on Birth

Cert.
I am not married with the guy not live with him because I found out that he is already

married
After few Months I gave birth, I haven't heard anything from him and never had

financial support from the start

Just recently I got married and my husband wanted to take me and my son to Canada
As I have read, Canadian immigration will required Father's consent
I do not know where his father is now and honestly, I don't want to contact him anymore
The last time he gave a threath that he will do something if I will communicate with

him

My question is what are the documents I need to present to the Canadian Embassy to

proove that that my son is under my Custody.

I feel very bad that after what this guy done to me he still holds the future of my son
Sorry about what I said but that is my honest feelings.

I cannot leave my young child alone here
I am hoping you can help me

Thank you and more Power

Best Regards,
Maria Cruz

[fqtprt]

@ Maria:

You should get a SOLO PARENT ID issued by the Municipal Social Welfare Office.

Those who do not need a travel clearance are: 1. A minor travelling abroad whose parents are in foreign service or are living abroad provided, the child is holding a valid pass such as a dependent’s visa, permanent resident visa or card which can prove that the child is living with parents abroad; and 2. A minor travelling abroad with either parent or with his or her solo parent or legal guardian.

Please refer to this link for complete details.

http://www.dswd.gov.ph/articledetails.php?id=1307

Good luck. :)

[vendict]

Hello! just hoping you could help me on my inquiries re legal process of adoption. what should be done, what documents and how?

this is my case, im married for 3 years, no kid yet. my husband and i are open-minded in the matter of adoption. i wanted to legally adopt the new born baby that was given to us last May. the mother of the baby is the hipag of our former labandera, we finance the expenses of giving birth and some friends advised me na to use my name for the birth certificate to be register by the midwife. but some says i must process the adoption legally not by just giving our name to the baby, which called by the adoption rules "simulated birth." should i give our name to the baby for the birth certz or process it legally? im kinda confused... what are the penalties of simulated birth? What is rectification? could i file the birth certz under my name and rectify it a year? :confused:

[lee jun ki]

gamit ng baby ko middle name at last name ko.. parang lumalabas na magkapatid kami ano po bang mga problems ang maeencounter ko at paano ko to icocorrect?? i just gave birth nung december 9, 2009 at sa BC niya unknown yung father at middle name and last name ko ang gamit niya. nafile na sa munisipyo BC niya pero di pa reg sa NSO. mapapalitan ko pa po ba yun?? at magkano po babayaran ko?? salalamat po

[Jaire]

hello 2 everyone!!! medyo same din po situation ng sis ko kay lee jun ki, same po kasi ng middle name and surname pamangkin ko and sis ko...so para silang magkaptid!!! magkakaproblema po ba sa papers ng bata kasi nakapetition po siya papunta sa US, pinetition siya ng mommy nya...bale sa birth certificate ng bata meron info about sa father pero di ko po alam kung nakapirma yung father sa affidavit of acknowledgement/admission of paternity kasi malabo po masyado yung b-cert kahit kakakuha ko lang ngayon ng new copy!!! ano pong problema ang pwedeng kaharapin ng pamangkin ko?!? ano po pwede nyo advice samin? i hope matulungan niyo kami, i have other questions pa pero eto lang po muna para di magulo...thank you po!!!

[ytinav]

hello po. questions lang po about RA9255 and AUSF. here's the scenario:

the parents are not married and the child is registered using the mother's surname but is acknowledged by the father in the birth certificate tapos the father now wants to have the child use his surname but the mother (and even the child) refuses.

1. is it possible for the father to file and have it registered even without the consent of the mother? (i have read somewhere that this is possible but just the same i would appreciate some clarification on this matter)
2. if #1 is possible and the father is able to submit all the requirements and have it registered even without the knowledge of the mother, will it then be mandatory for the child to use the father's surname?

i would greatly appreciate your input. thanks so much in advance.

[jullienne alexa]

consult ko *** po regarding sa case ko..kc po may anak ako sa una, kaso d *** kasal ng ex ko ***** po hwlay na *** at ksal nko sa new hubby ko...nkasunod po sa x ko *** surname ng bata kaso d *** nkapirma sa likod ng brth crtificate ako *** po pumirma sa pangalan nya kc po dat tym na kailngan pirma nya eh *** ***...pero ininform ko po sa knya na gnaya ko nlang pirma nya...gs2 ko po sana mag file uli ng panibago papalitan ko *** name at surname ng bata pati date of birth iuurong ko ng 1 day instead na 13 ggwn ko 14 pero same mnth and year po tapos ilalagay ko sa name of father at surname *** sa husband ko?pede po ba un?hndi po ba *** mag kakaproblema dun?tutal *** father nya nawala nlng parang bula at since 2 yrs old plng ang anak ko ***** po 5 na *** *** npo *** pkialam sa bata at hndi ndn intresado balak,at dmi po nagsssabi sa akin na paiba iba ng kinakasama ***** at nhhilig sa bsyo at barkada...plano ** po nmin isama ang bata if ever mkpag abroad *** dhl canadin ctizn npo ang asawa ko... magkakaproblema po *** *** sa papers nya someday? at ma ttrace padn po ba un sa nso *** iibhan nmain *** bdate at name of father nya?sa hospital ** po *** pinanganak papalabacn po nmin na sa hilot pinanganak...at *** sa baptismal certfcate nya po iibhn ndn po nmin at balak po nmin pbnygan *** ulit ksbay ng bunso nmin ...sir anu po maippayo nyo sa concern ko?sna po m2lungan nyo ako kc tgal n nmin to pnproblema at ***** papasok na *** d p ** *** nkkpag decide...hope to hear more from u po at thank you very much po...:)

[tzinita]

gamit ng baby ko middle name at last name ko.. parang lumalabas na magkapatid kami ano po bang mga problems ang maeencounter ko at paano ko to icocorrect?? i just gave birth nung december 9, 2009 at sa BC niya unknown yung father at middle name and last name ko ang gamit niya. nafile na sa munisipyo BC niya pero di pa reg sa NSO. mapapalitan ko pa po ba yun?? at magkano po babayaran ko?? salalamat po


But the birth certificate shows that you are the mother.

IMHO this is better than having no middle name at all. Imagine filling all those forms where a middle initial is asked. I made this choice when I gave birth (except that my child is now legitimated so this point is moot)

What kind of correction do you want to make? If you want your child to use the surname of the father, you can ask him to acknowledge the child (affidavit) then file it with the local civil registry.

If the BC is already filed with the LCR, it is only a matter of time before it is filed with the NSO (6 months estimate by the NSO).

Correction of entries will be made in the LCR, which will also be submitted to the NSO by the LCR.

[tzinita]

Hello! just hoping you could help me on my inquiries re legal process of adoption. what should be done, what documents and how?

this is my case, im married for 3 years, no kid yet. my husband and i are open-minded in the matter of adoption. i wanted to legally adopt the new born baby that was given to us last May. the mother of the baby is the hipag of our former labandera, we finance the expenses of giving birth and some friends advised me na to use my name for the birth certificate to be register by the midwife. but some says i must process the adoption legally not by just giving our name to the baby, which called by the adoption rules "simulated birth." should i give our name to the baby for the birth certz or process it legally? im kinda confused... what are the penalties of simulated birth? What is rectification? could i file the birth certz under my name and rectify it a year? :confused:

Simulated Birth is Illegal.

Rectification of Simulated Birth is only available if the simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date. (Section 22, RA 8552; Rule on Adoption)

RA 8552 was enacted in 1998. So this is no longer available to you.

Simulation of birth is punishable under Article 347 of the Revised Penal Code and Section 21 (b) of the Domestic Adoption Act. The latter provision says:

Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its medium period and a fine not exceeding fifty thousand pesos (P50,000.00).

Prision mayor in its medium period is 8 years and one day to 10 years imprisonment.

[tzinita]

hello po. questions lang po about RA9255 and AUSF. here's the scenario:

the parents are not married and the child is registered using the mother's surname but is acknowledged by the father in the birth certificate tapos the father now wants to have the child use his surname but the mother (and even the child) refuses.

1. is it possible for the father to file and have it registered even without the consent of the mother? (i have read somewhere that this is possible but just the same i would appreciate some clarification on this matter)
2. if #1 is possible and the father is able to submit all the requirements and have it registered even without the knowledge of the mother, will it then be mandatory for the child to use the father's surname?

i would greatly appreciate your input. thanks so much in advance.

I am quite interested in the answer to your questions as well. This is a gray area in the law since: 1) The Family Code provides that illegitimate children shall use the surname of the mother; and 2) RA 9225 gave illegitimate children the right to use the father's surname.

I would argue that the father cannot compel the child to use his surname if the mother does not consent. This is because under RA 9225, the child has the right to choose the surname. If the child is 18 years old, he/she has to give the consent.

If however the child is less than 18, since parental authority belongs to the mother (unless the parents live together and have joint parental authority), only she can give the consent on behalf of the child. This is notwithstanding the fact that the father has acknowledged the child.

However, as I said, I am still looking for jurisprudence on the issue. But if this may help, when I went to the LCR (Makati), their forms require the consent of the mother.

PAO Chief Persida Acosta also believes that it is the mother's prerogative. Please see http://www.manilatimes.net/national/2009/may/28/yehey/metro/20090528met6.html for her opinion on the matter. The following is an excerpt:

The Affidavit to Use Surname may be filed by the father, mother, child if of age, or the guardian. The above documents should be submitted to the Local Civil Registry of the municipality/ city where the child was born.

In your case, you may not indicate the father’s name on the birth certificate of an illegitimate child. The Family Code clearly vests to the mother parental authority and the right of the child to use the surname of said mother.

[fqtprt]

^^ I agree.

The RIGHT to use the surname of the father belongs to the child. It is merely a right, the child can even waive it.

If the child refuses to use the surname of the father for whatever reason, the father can not compel the child or the latter's mother. The father can not just change the child's surname to his without the child's consent (or the mother's, if minor). Otherwise, anybody who has interest on a "wealthy" child's estate can just acknowledge and go to the LCR to change the child'd surname to his and be his/her "heir".

[tzinita]

hello po atty....i'm a single mom may 2 kids ako both out of wedlock... yung unang anak ko nabuntis po ako ng bf ko at iniwan ako sa ere...sa sama ng loob ko at galit na rin, nung pinanganak ko un bata di ko pinalagay un fathers name sa birth certificate nya... ang nakalagay po dun is N/A, gamit gamit nya na surname is un sa akin.... ngayon po nag aaral na *** na realize ko na dapat pala nilagay ko un name ng father nya kasi di natin maiiwasan na may mga tao na mag bibigay ng mga commento pag nakita un birth certificate nya....atty anu po ba ang dapat gawin dun sa BC ng anak ko?.. yung tatay po ng 2nd child ko gusto nya ipalagay un name nya dun sa BC nang unang anak ko e hindi naman po *** ang ama... pwede ba un? ang parents ko willing sila na i adopt un unang anak ko pero may naka usap ang father ko sa city hall ng maynila di daw pwede un.....Atty ano po ba ang ma i-advise nyo sa akin....:confused:


1) You can let the biological father acknowledge and allow the child to use his surname.

2) Your parents can legally adopt the child (file a petition with the appropriate court. We already have cases where the grandparents were allowed to adopt their grandchildren. But do you really want to do this? You will be divested of parental authority and your child will be treated as your sibling.)

3) If you and the father of your 2nd child get married, you and the father of your 2nd child can legally adopt your first child and raise him/her to legitimate status.

[ytinav]

@tzinita and fqtprt: i found great relief from your input. thank you so much. :)

[gheri]

hello attorneys, been wondering lang po about this scenario:

the man who acknowledged the paternity is not the biological dad of the child..

pano po yun? may habol pa ba yung bilogical dad?

pwede po bang idemanda yung siraulong nag-acknowledged? salamat po!

[tzinita]

hello attorneys, been wondering lang po about this scenario:

the man who acknowledged the paternity is not the biological dad of the child..

pano po yun? may habol pa ba yung bilogical dad?

pwede po bang idemanda yung siraulong nag-acknowledged? salamat po!

Anyone can acknowledge a child. This is done through public and private documents, with or without the mother's participation. The biological father may likewise execute an Affidavit of Acknowledgment if he wishes. The effect of an acknowledgment is that the illegitimate child will be entitled to support from the father, as well as successional rights. Despite the acknowledgment, however, the father will still not have parental authority over the child.

The affidavit of acknowledgment may be used by the illegitimate child to prove paternity/filiation.

The fact of Acknowledgment, however, does not make the father an established heir of the child, especially if the said Acknowledgment is not registered with the LCR.

The child (or the mother, as the case may be) may, at any time, question the Affidavit of Acknowledgment.

If the affidavit of acknowledgment is registered in the LCR, and the putative father's name is annotated therein, the mother (on behalf of the child) may file a petition for correction of entry in the birth certificate, proving that the acknowledging father is not the father of the child.

If, on the other hand, the child is using the fake father's surname, PAO Chief Persida Acosta wrote an opinion stating that the mother can file a petition for change of name in behalf of the child. You may read her opinion here >>> (http://www.manilatimes.net/national/2009/may/12/yehey/metro/20090512met5.html).

The mother may present proof that the acknowledging father is not the biological father of the child. This will also have the effect of voiding the earlier acknowledgment in order for the child to use the surname of his or her biological father. For the child to use the the biological father's surname, he needs to execute an AUSF.

Atty. Gerry T. Galacio (http://www.familymatters.org.ph/PDF%20newsletters/Legal%20issues%20and%20family%20matters%20number%20005%20August%2015%202008.pdf.), on the other hand, states that if the surname of the child was changed without the knowledge and consent of the mother, a petition for certiorari is the appropriate remedy (again filed by the mother) to revert the child's surname back to the mother.

The right to file the above actions belong to the child. Since he/she is a minor, the mother who has sole parental authority over the child may file the above cases on behalf of the child.

The biological father cannot file these cases alone unless he is able to show that he is indeed the father (especially considering the fact that the birth certificate indicates the name of the fake father as the father of the child, presumably with the consent of the mother. And the person who is in a better position to know the father is --- the mother) An illegitimate father also have rights of succession to an illegitimate child's estate, and thus may be given personality by the court if he can prove paternity.

The person who executed a false Affidavit of Acknowledgment/Paternity, knowing that the statements therein are false or untruthful, may be held liable for Falsification of Public Document (an Affidavit is a public document, since it is notarized by a notary public) under Article 172 of the Revised Penal Code. Again, it must be shown that the statements in the affidavit are not true (the biological father may need DNA results :P), and the person who executed the affidavit knew that the statements therein were false.

[bhe15]

hi, im a single mom with 2 kids yung eldest ko is hamit sa birth cert is surname ko yung bunso ko surname ng tatay nya mag 1 yr old pa lang ** pede ko ba palitan yung surname na pagamit so sa akin? ayoko ksi dumating yung time magtanong sila bkit apelyido nila magkaiba...pls help me tnx

[mommielicious]

hello po to everyone...

i am 8 months preggy and soon to give birth by 2nd week of august. just want to seek for your advice on how we should go about accomplishing our son's birth certificate, with consideration to the following facts:
-the father of my baby and i are still unmarried as we speak due to some legal issues (his divorce is still not yet finalized). of course, we want our son to use his dad's last name. based from what i've read from the previous posts, there should be no problem with this for as long as he acknowledges the paternity by signing a portion of the BC and having it notarized. am i right on this one?
-my husband (this is how i refer to him though we're not technically married) is an American citizen. is there any special procedures that we have to follow?
-say for example, he is not here by the time that the baby is born (he works outside the country kase and is just here every other month), can we request for the hospital not to file our baby's BC muna and when the daddie arrives from work (mga 2 weeks lang naman ang delay), saka na lang nila i-file? or is it gonna be considered as a late filing?

hope you can help us with this concern.

thanks and more power especially to mr. rudy who started this very useful and informative thread...

[jedaimaster]

hi! I need help po sana...I hope Mr. Rudy and our very helpful lawyers here could help me.

My brother has an illegitimate son (4 years old). Surname niya gamit and acknowledged yung bata sa BC. My pamangkin has been living with us eversince and brother and parents ko nag aalaga and gumagastos. Yung mother ng bata may bagong boyfriend and may anak na rin sila.

My brother wants custody of her son? Pano niya makukuha yun? Does he have to go through the process of adoption just like what rudy did? What if hindi pumayag yung mother ng bata? May risk ba na i-require ng court na sa nanay yung bata kapag hindi ma grant yung petition ng brother for adoption or custody? Yun kasi ang dilemma namin kung gagawa ng legal action brother ko regarding custody of her son.

Thanks in advance... :)

[sweetmischief]

Hi everyone!

I've encountered a series of legal queries in line with cases of single parenthood. I'm not yet a lawyer but I've gone through some legal proceedings myself and I'm a hell of a researcher. It’s my profession anyway. If you have any question regarding child custody, adoption, legitimation, change of name, birth certificate, child support, or any other related topic, please post it here.

I am hoping we could help each other. I’ll do my best to provide some guidelines myself based on comments and experiences of lawyers who are kind enough to give us their time. Free of charge. :bop:

hello po. ano po ba dapat ko gawin? kasi i'm pregnant right now at tinakbuhan ako ng magaling kong boyfriend? kasi i'm about to due this September. i am really financially hard up these days. my habol pa po ba ako sa kaniya? saan ba dapat ako lumapit?

[jedaimaster]

hi! I need help po sana...I hope Mr. Rudy and our very helpful lawyers here could help me.

My brother has an illegitimate son (4 years old). Surname niya gamit and acknowledged yung bata sa BC. My pamangkin has been living with us eversince and brother and parents ko nag aalaga and gumagastos. Yung mother ng bata may bagong boyfriend and may anak na rin sila.

My brother wants custody of her son? Pano niya makukuha yun? Does he have to go through the process of adoption just like what rudy did? What if hindi pumayag yung mother ng bata? May risk ba na i-require ng court na sa nanay yung bata kapag hindi ma grant yung petition ng brother for adoption or custody? Yun kasi ang dilemma namin kung gagawa ng legal action brother ko regarding custody of her son.

Thanks in advance... :)

up ko lang po...badly need some answers. thanks :)

[lalaine12906]

21 p *** po ako 2 and a half years old na po anak ko..nagaaral po ako nursing..mlaki po problema ko..binubugbog po ako ng bf ko na tatay ng anak ko..pumupunta po ** at binibisita ang anak ko sa amin mdalas *** po di ** nagsusustento pero ngyn po ayoko na ** pumunta samin dhl binubugbog nia po ako at sinasaktan..naghihirap n po kme..*** n nga po ako pantuition 6 po kme mgkakapatid nagaaral tpos *** mgulang ko sumusustento sa anak ko *** gs2 ko po humingi sustento s tatay ng anak q..pero pano ko po gagawin un e *** po ako pambayad s abogado at ayaw po nla sustentuhan anak ko..di pa po graduate tatay ng anak ko pero mapera po pmilya nla..mdamot *** po **** ***.**** **** pong kakayanin nla magbigay peta kng gugustuhin nla kasi po *** mga magulang ko kinakaya buhayin anak ko *** nagigipit kme pero *** bf ko po n ex ko n ngyn e wlang kwnta!s birth certificate po ng anak ko apelyido ko po gamit nia..pero nkaindicate po s father's name ang pangalan ng tatay nia.. may laban po ba ako kung magsasampa ako ng kaso..kasi po bata pa ako non di ko alam lalagay s birth certificate. may pinirmahan po *** ex ko n papel noon na pmapayag ** na hngi gmitin apelyido nia..sna po mtulungan nio ko..slamat..

[lalaine12906]

up ko lang po...badly need some answers. thanks :)

21 p *** po ako 2 and a half years old na po anak ko..nagaaral po ako nursing..mlaki po problema ko..binubugbog po ako ng bf ko na tatay ng anak ko..pumupunta po ** at binibisita ang anak ko sa amin mdalas *** po di ** nagsusustento pero ngyn po ayoko na ** pumunta samin dhl binubugbog nia po ako at sinasaktan..naghihirap n po kme..*** n nga po ako pantuition 6 po kme mgkakapatid nagaaral tpos *** mgulang ko sumusustento sa anak ko *** gs2 ko po humingi sustento s tatay ng anak q..pero pano ko po gagawin un e *** po ako pambayad s abogado at ayaw po nla sustentuhan anak ko..di pa po graduate tatay ng anak ko pero mapera po pmilya nla..mdamot *** po **** ***.**** **** pong kakayanin nla magbigay peta kng gugustuhin nla kasi po *** mga magulang ko kinakaya buhayin anak ko *** nagigipit kme pero *** bf ko po n ex ko n ngyn e wlang kwnta!s birth certificate po ng anak ko apelyido ko po gamit nia..pero nkaindicate po s father's name ang pangalan ng tatay nia.. may laban po ba ako kung magsasampa ako ng kaso..kasi po bata pa ako non di ko alam lalagay s birth certificate. may pinirmahan po *** ex ko n papel noon na pmapayag ** na hngi gmitin apelyido nia..sna po mtulungan nio ko..slamat..

[lalaine12906]

hello po. ano po ba dapat ko gawin? kasi i'm pregnant right now at tinakbuhan ako ng magaling kong boyfriend? kasi i'm about to due this September. i am really financially hard up these days. my habol pa po ba ako sa kaniya? saan ba dapat ako lumapit?

21 p *** po ako 2 and a half years old na po anak ko..nagaaral po ako nursing..mlaki po problema ko..binubugbog po ako ng bf ko na tatay ng anak ko..pumupunta po ** at binibisita ang anak ko sa amin mdalas *** po di ** nagsusustento pero ngyn po ayoko na ** pumunta samin dhl binubugbog nia po ako at sinasaktan..naghihirap n po kme..*** n nga po ako pantuition 6 po kme mgkakapatid nagaaral tpos *** mgulang ko sumusustento sa anak ko *** gs2 ko po humingi sustento s tatay ng anak q..pero pano ko po gagawin un e *** po ako pambayad s abogado at ayaw po nla sustentuhan anak ko..di pa po graduate tatay ng anak ko pero mapera po pmilya nla..mdamot *** po **** ***.**** **** pong kakayanin nla magbigay peta kng gugustuhin nla kasi po *** mga magulang ko kinakaya buhayin anak ko *** nagigipit kme pero *** bf ko po n ex ko n ngyn e wlang kwnta!s birth certificate po ng anak ko apelyido ko po gamit nia..pero nkaindicate po s father's name ang pangalan ng tatay nia.. may laban po ba ako kung magsasampa ako ng kaso..kasi po bata pa ako non di ko alam lalagay s birth certificate. may pinirmahan po *** ex ko n papel noon na pmapayag ** na hngi gmitin apelyido nia..sna po mtulungan nio ko..slamat..

[f0rk]

^please avoid text speak para hindi puro asterisk ang post mo. it is not allowed at baka walang magreply sa yo.

[b3bang]

Hello FQTPRT, I sent you a private message. Thanks!

[fqtprt]

Hello FQTPRT, I sent you a private message. Thanks!

PM reply sent.

[tupangusa]

up ko lang po...badly need some answers. thanks :)

Why go through the process kung hindi naman kinukuha ng nanay yung bata. Just maintain the status quo, kung magkaroon ng issue then sak kayo lumaban. mahirap kasi yung basta basta nag dedemanda sa court. It is a very hostile way of solving a problem...which in your brother's case eh wala naman. Baka pag nag file pa kayo eh lalu lang magkaroon ng problema.

I am a lawyer but i'm not fond of advising my client to go to court if there really is no pressing need to go to court.l\Litigation is long, tiring and exhaustive way of solving a problem...which is in itself is already a big problem...

I bet the mother never cares for her son..may bf na yan for sure she will be busy taking care of that BF.

[queEn_iRish]

hi. just want to share my friend's case.

he has a son with his ex gf. he didn't know about the baby dahil tinago sa kanya ng mommy hanggang nagkasalubong sila one time and he saw the child halos hawig nya. so he asked the ex if the baby is his child. noon lang umamin yung ina. the son is 2 years old na when he saw him. he offered help to the ex kaso nalaman nya na kinasal pa yung ex sa ibang guy.

now gusto ng friend ko na makilala sya ng anak nya kaso with the girl's situation hindi pwede. he went to me sobrang sama ng loob nya. i dont know what to tell him :(

[singledad]

hello!

i have a question regarding the paternity acknowledgement at the back of the birth certifcate...
here are the facts:
1.married now however already separated with the spouse;no children
2.in a relationship with a new partner and expecting a child
3.no annulment yet in sight; hostile with "ex" wife
my question:
1.if i affix my signature and recognize the child, can this be used against me (by my wife)?
2.can this be easily traced from civil registry records by anyone?
hoping someone can help me on this one. i really want provide for this kid but im afraid of the legal consequences this might incur if i sign.
thank you!:confused:

[rudy_arete]

hi! I need help po sana...I hope Mr. Rudy and our very helpful lawyers here could help me.

My brother has an illegitimate son (4 years old). Surname niya gamit and acknowledged yung bata sa BC. My pamangkin has been living with us eversince and brother and parents ko nag aalaga and gumagastos. Yung mother ng bata may bagong boyfriend and may anak na rin sila.

My brother wants custody of her son? Pano niya makukuha yun? Does he have to go through the process of adoption just like what rudy did? What if hindi pumayag yung mother ng bata? May risk ba na i-require ng court na sa nanay yung bata kapag hindi ma grant yung petition ng brother for adoption or custody? Yun kasi ang dilemma namin kung gagawa ng legal action brother ko regarding custody of her son.

Thanks in advance... :)

Hi,

Yup, if your brother wants to have full parental authority over his son, file sya ng petition for adoption. But yes, kelangan po ng consent ng mother. But if di nyo na mahagilap ang mother nung bata, use abandonment as the ground for adoption (kung hindi na talaga mahanap ha).

In case denied ang petition, di naman irerequire ng court na ibigay sa nanay ang bata unless yung nanay mismo ang magdemand na ibalik sa kanya ang bata. Best option is kausapin nyo muna yung mother ng bata kung willing sya na igive up and rights nya bilang mother. Explain to her na lang that the positive effect is that maeelevate ang status ng bata from illegitimate to legitimate.

Better settle the situation nga habang bata pa yung pamangkin mo. There are lots of cases na biglang nagbabago ang isip ng isang ina at binabalikan ang anak nila. Kawawa ang brother mo cause pwede bawiin ng mother yung bata anytime since hindi sila kasal.

[fqtprt]

^^

- by acknowledging the child as yours, the mom in behalf of the child may now legally ask for support from you.

-once acknowledged, the birth certificate will bear such acknowledgment. Please note that a birth certificate is a public record, hence, anybody with legal right may ask for a copy.

[rudy_arete]

hi. just want to share my friend's case.

he has a son with his ex gf. he didn't know about the baby dahil tinago sa kanya ng mommy hanggang nagkasalubong sila one time and he saw the child halos hawig nya. so he asked the ex if the baby is his child. noon lang umamin yung ina. the son is 2 years old na when he saw him. he offered help to the ex kaso nalaman nya na kinasal pa yung ex sa ibang guy.

now gusto ng friend ko na makilala sya ng anak nya kaso with the girl's situation hindi pwede. he went to me sobrang sama ng loob nya. i dont know what to tell him :(

just pray for him dear. sakit po talaga pa di ka kinikilala ng anak mo. but from your story, i think it might not be in the best interest of the child na ipilit nya na magkakilala sila ngayon. epecially pag mabuting ama naman siguro yung husband ng ex nya.

in His good time, makikilala din sya ng anak nya.

[rothnix]

Hi,

Question *** po re the ff facts:

1. Legally Married, the wife gets out of the relationship with our legit son because of marital issues (eg, disagreements, in laws, money.. etc)
2. The wife is demanding full support for the child but I can't see nor allowed to visit the child.
3. The wife wants to get our things in our old house (w/c i currently reside), told her to split things but she insisted to get all the things she bought inside marriage.

Question: What should i do/What are my rights as a father/husband in terms of:
1. seeing the the child
2. child support (monetary)
3. splitting the assets/liabilities

Thanks in advance sir/madam!

[S2p|d]

Hi there! :wave:

Just a few info that i need...

I have a biological son which is 15yo na ngayon i've been preggy when i was 18 but my parents decide na ipangalan sa kanila yung anak ko without my consent i never married my then bf and nakipaghiwalay na ako while pregnant so he never saw my son and wala syang karapatan since ang lumabas nga na parents nya is parents ko so he's my younger brother pero he knows im his mum till now. When i have a good paying job na i want an adoption kaya lang sabi sakin ng lawyer if mag aasawa pa daw ako mag asawa na lang muna ako then saka i adopt im 34yo na ngayon at wala pa akong asawa and i dont know if i will be soon! i know adoption is until 18yo lang ang bata.

My reason for adoption is
1. i want full custody of my son na (we have same middle name & surname so walang problema sa change of surname nya)
2. if parent's consent siguro naman papayag ang parents ko for that, since ako naman ang kilala nyang nanay yun lang sa birth certificate sa school parents nya parents ko (medyo magulo)
3. Lahat kasi ng benefits ko hindi nya makuha as my brother minsan hierarchy pag single ka and i want him to enjoy that lalo na ang health & insurance card.
4. Everytime na nagtratravel kami ang dami kong sinesecure na papers kse minor nga at sister lang nya ang kasama nya masyadong tedious.
5. My tax is super high if i'm a single mom alam ko mas makakabawas yun plus there's a single parent act na additional benefits like leave with pay.

Can somebody give me an idea how much it will cost? or kung tama ba na i adopt ko pa ang anak ko knowing na he's ok naman at kinikilala nya naman akong mom nya yun lang gusto ko kse maging legal na lahat nag inquire ako sa DSWD sabi nila i need to attend na parang adoption seminar first.

Thanks *okay*

[rudy_arete]

I’m not sure what the DSWD told you but I don’t think there is an adoption seminar that you have to attend. When I adopted my daughter, I wasn’t required to attend any kind of seminar. The DSWD though will conduct an evaluation process of your qualification to adopt your son (please refer to the earlier posts in this thread for the process and cost of adoption).

Your lawyer advised you na mag asawa ka muna para isahan na yung pagpapalit ng surname. Pag nauna kasi ang adoption, your son will carry your surname. Tapos, mag iiba ang surname mo after mo mag asawa. Result is magkaiba kayo ng surname ng anak mo. Whereas kung iaadopt nyo ng husband mo yung anak mo, you and your son will carry your husband’s surname.

But sabi mo nga, you only have 3 years left para iadopt ang anak mo, and the possibility of marrying someone is not that clear yet. I’m thinking lang na baka pwede yaan mo na lang. Nakaya mo naman kasi na 15 years ganyan status nyo, ano ba naman yung 3 more years. Then yaan mo na son mo mag decide kung gusto pa nya ipabago legitimacy/status nya.

But if you really want to be legally declared as the mother of your son, my idea is to file a petition in court na ipapabago birth certificate ng anak mo. No need for adoption.

I’m not sure of the exact process so our lawyers here could help us in this. In effect kasi dear, your parents falsified a public document when they declared that they are the parents of your son. So kelangan isama sa petition yun. You will have to prove that ikaw talaga ang mother ng anak mo. You will need to present evidences or witnesses nung manganak ka. In case this petition is granted, your son will loose his middle name and ikaw na ang nakalagay na mother sa birth certificate nya. The downside is illegitimate pa rin ang status nya since hindi naman adoption ang ginawa mo.

[S2p|d]

Thanks rudy_arete im thinking about your suggestion regarding my son to decide or choose about his legitimacy status he's big enough na naman siguro to understand maybe i will find time lang talaga to finally discuss this with him basically ako ang kilala nyang mum pero yun nga sa school and legal docs parents ko ang parents nya.

I will further think about this and ask na din advice from my lawyer friends anyways i still have 3yrs to go through with it i hope hindi masyado emotionally mahirap and i'll make sure na prepared din ako sa mga questions nya of "whys".

[trainor_101kent]

Pwede po ba magpaadvice?

Hindi pa kami kasal ng gf ko at buntis siya ngayon. Nasa saudi arabia ako ngayon. Paano po ang procedure para magamit ng anak namin ang apelyido ko. 2 years pa ang contract ko dito at hindi pa makakauwi.

[fqtprt]

Pwede po ba magpaadvice?

Hindi pa kami kasal ng gf ko at buntis siya ngayon. Nasa saudi arabia ako ngayon. Paano po ang procedure para magamit ng anak namin ang apelyido ko. 2 years pa ang contract ko dito at hindi pa makakauwi.

backread ka ng konti for the procedure.

[kcganda09]

hello everyone! bago lang po ako dito and i feel na blessed na nabasa ko po ang lahat ng answers dito rgdg sa single parent faqs,isa rin po ako sa ilang may problema rgdg sa pagaadopt ng illegitimate child ko. Sir Rudy, gusto ko lang po mag follow up question rgdg sa pagaadopt ng illegitmate child ko po. *** panganay na anak ko po ang illegitimate child, 6 years old na po sya and since 2 yrs old wala na po kaming communication sa biological father nia, wala din pong any effort na in-exert ang father nia para makita o suportahan po sya financially. Recently lang po ay kinasal ako sa husband ko po ngayon at may anak na din po kami, gusto po ng husband ko na i-adopt ang anak ko na tanggap na din po niang anak nia since naging kami na nung 3 yrs old plng po ang panganay ko. Gusto ko pong i-clarify ang paghingi ng consent sa biological father niya kasi po hindi po maayos ang paghihiwalay namin at nasabi din po niya na pag iaadopt ang anak namin ay hindi po siya papayag. Pano po ba ang dpat gawin dun? pag nde po ba siya pumayag, nde na din po maadopt ang anak ko? Nakapirma po siya sa birth cert ng bata at sa acknowledgment of paternity pero hindi po siya nagbbgay ng sustento. May time frame po ba na kung hindi na po nakikita ng bata ang ama niya at hindi po nagsusutento ay considered dead na ang ama? Maari po bang mag file ng adoption kahit wala ng consent ng biological father kasi alam ko pong hihingi siya ng malaking amount in exchange po sa pag-aaprove nia sakali po na pumayag siya, basis po kasi ay ang lifestyle nila. iimbestigahan din po ba ng dswd ang pamumuhay niya kasi ang huling alam ko po ay may asawa na din po siya, pwde po bang ilaban ko un against sa kanya para pabayaan na po niya ang anak namin na maadopt na ng bago ko pong asawa? Pwede po bang hindi na siya i-consider kung manghingi po ng kapalit na halaga? thanks po and Godbless!

Sna po ay matulungan niyo ako dahil gustong gusto na po namin maayos ang documents ng anak ko po.

[kcganda09]

Hello po ulit!

Pasensya na po at hindi po ako mkapagantay ng mga sagot po..hehe.. magtatanong po sana ako ult. Alam ko pong illegal ito pero wala po tlaga kasing budget para dumaan pa s o proseso ng adoption. pwede po bang ipa-late register ko nlng po ang illegtimate child ko po? gagamitin na po ang apelyido ng husband ko na recently (may 2009) ay kinasal po kami. Ang nsa original birth cert nia po kasi ay middle name at apelyido ko po, nakapirma lang po ang biological father niya dun at sa acknowledgement of paternity pero gaya nga po ng nasabi kowala na pong communication at support eversince. Ang worry ko lang po ay nakakuha na ng passport ang anak ko ng 4 mos old palang po siya gamit nga po ang birth cert nia na original at nkapag apply na din po ng tourist visa pero nde po sya binigyan ng us embassy. MAy plan po kasi ako kmuha ng passport at visa ult para sknya, madedetect po ba na iba ang birth certificate na ginamit niya? tutal naman po ay iba na ang surname niya at yung picture po niya dun ay baby pa po sya. Confident din po akong hindi na maghahabol ang biological father niya dahil wala din pong pera at grade 5 lang po ang natapos nun, sa kasamaang palad nga po ay illegal din ang pinagkakakitaan niya. (puppy love po kasi un na nauwi sa unwanted pregnancy). pwde ko naman pong ipaalam sknya ang mangyyaring "adoption" pero oral lang po. Sna po ay ma-clarify niyo po sa akin kung tama lang po ang ggawin ko. thank you po for helping parents like us and Godbless us all!

[shankie30]

hello to all

regarding sa kaso ng cousin ko next month siya manganak. hiwalay na siya sa asawa niya tapos ang tatay ng anak niya hiwalay din (both are not legally separated). sabi ng cousin ko nung ka chat ko siya na:

1.apilyedo niya raw pagkadalaga ang ipapagamit niya keysa naman daw apelyido ng exhubby niya (mas di raw siya okay dun).

2.ayaw din niya gamitin ng anak niya ang last name ng tatay nito kase di pa sure sa mangyayari.

3.ayaw niya ipa declare na siya ang tatay nito sa BC ng bata kase baka daw magkaproblema pa siya pagdating ng panahon.

ask ko lang tama ba ang gagawin ng cousin ko? hindi naman daw nag oobject ang maging tatay ng anak niya sa plano niya kase sabi daw nito aasikasuhin nalang pag na annulled na sila both. In financial matter he will support naman daw.

[shankie30]

@ kcganda tulog ata mga lawyers natin sa thread nato hehheheh

back read ka parang may sagot na dun.

opinion ko lang ha kahit na ba walang sustento ang biological father ng son mo sa ngalan na he declared as his father sa BC kailangan talaga hihingi ka ng consent sa kanya.

About sa passport ng anak mo, makikita ng DFA yun naka file na name niya dun,kaya di mo na maibubura yun.

(Tama ba tong pinagsasabi ko hehehhehh)

kung ako sayo ask ka nalang sa lawyer. to clear up your mind whatever troubles you. iwas wrinkles pa..;):bounce2::bounce2::bounce2:

ciao

[kcganda09]

@shankie30... oo nga po mukhang busy ang mga lawyers and experts po natin..hehe.. i can wait naman po for the answers, thank you din po for the clarifications, maybe legal way nlng ang dpat gawin iwas dagdag problema pa..

to our experts and lawyers: maghihintay pa din po ako ng tulong niyo po sa akin, i hope this thread is still alive..:)... clarify ko lang din po na the questions, it's not for Sir Rudy only, siya lang po ang nabanggit ko ksi po yung name nia po ang nsa unang part ng thread. Bka po ayaw niyo ako sagutin kse po kay Sir Rudy nka-address ang questions maybe he's busy po ngayon, in any way po u can advice me ( help lawyers po :mecry:), i'll gladly accept po..thanks po and Godbless us all!

[ashley12]

my query po ako about single parent, i have a boyfriend married *** before at di pa legally annuled married nya, ngayon i got pregnant pwede ba nya ipagamit last name nya kahit na kasal *** sa dati at d pa legally separeted at di pa kami kasal??