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Republic Act No. 9255
An Act Allowing Illegitimate
Children To Use The Surname Of Their Father, Amending for the Purpose
Article 176 of Executive Order No. 209, Otherwise Known as the "Family
Code of the Philippines"
Section 1. Article
176 of Executive Order No. 209, otherwise known as the Family
Code of the Philippines, is hereby amended to read as follows:
"Article
176. 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. Provided, the father
has the right to institute an action before the regular courts
to prove non-filiation during his lifetime.
The legitime of each illegitimate child
shall consist of one-half of the legitime
of a legitimate child."
Sec. 2. Repealing Clause. All laws, presidential decrees,
executive orders, proclamations, rules and regulations, which are
inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
Sec. 3. Effectivity Clause. This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in two (2) newspapers
of general circulation.
Approved: February
24, 2004. |