- Hello po Atty. I am 20 years old. Both my parents are Filipino citizens and I was born in Japan. My problem is that I have no birth certificate here in the Philippines.
I am using my birth certificate coming from Japan which does not contain my father’s name. Currently, I am using my mother’s surname and we are planning to change my surname to my father.
Both of my parents are willing for the change. Please give me clear details of the process. Thank you
Ans: It is not clear in your letter whether your mother and father got married prior or after your birth or were not married at all even as of your writing. Now assuming that they were not married at the time of your birth, this means that your status is one of an illegitimate child.
What you should do is make representations with the Philippine Consulate in Japan and have an official English translation of your birth certificate issued by the Japanese authorities in Japan as the country of your birth. Thereafter, have a copy of your official English translation of your birth certificate forwarded to the National Census Office, together with the Affidavit of your father, recognizing you as his son and thus authorizing you to use his surname.
You could also try, if is still possible for you to apply for late registration of your birth in our Philippine Consulate in Japan. And in turn the said consulate office forwards your record of birth to the office of the Civil Registrar General in the Philippines. Such that the said office will have a record of your birth and thus be able to issue the corresponding birth certificate as regards to your person in the Philippines.
Assuming that you parents were not married at all, you could still use the surname of your father pursuant to Republic Act No 9225, otherwise known as An Act Allowing Illegitimate Children, provided however, that a written consent is given by him, by way of a public document recognizing you as his son.
On the other hand, if your parents got married after your birth, you may avail of the process called “Legitimation”, by filing the necessary petition in the Family Court. This process simply means that your status from being illegitimate be changed and to retroact as being “legitimate” from the time of birth and accordingly entitles you to use the surname of your father, as well as, the enjoyment of all the rights as a legitimate child. More particularly in matters of succession rights as an heir.
Furthermore, Kindly note that even if you were born in Japan, such place of birth did not divest you of your Philippine citizenship. You are still a Filipino citizen having been born at the time of your birth with Filipino parents. As such your rights pertaining to your civil status and that of your person are governed by Philippine laws.
Looking forward you’ll find the above in order. Thank you for being part of the “Batas Pinoy Global Community”.
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