Correction of Surname on PSA

Hi,

Thank you for reaching out regarding your situation. Allow me to frame the matter clearly and provide a structured path forward.

1. Legal Context
Under Philippine law, the child born during a valid marriage is presumed legitimate (Family Code, Art. 164). This presumption is strong and attaches to the husband of the mother as the legal father, regardless of biological parentage, unless successfully rebutted in court. Consequently, the entry in your PSA birth certificate identifying your mother’s then-husband as your father is not a clerical error but a legal presumption.

2. Limitations of Administrative Remedies
Republic Act No. 9048, as amended by R.A. 10172, allows administrative correction of clerical or typographical errors in civil registry entries. However, changes involving paternity and legitimacy fall outside its scope. The civil registrar cannot simply replace or delete the father’s name, nor substitute the surname, because this goes to filiation and civil status, which only the courts can determine.

3. Proper Judicial Remedy
The proper course is to file a Petition for Correction of Entry / Cancellation of Father’s Name under Rule 108 of the Rules of Court. This petition will:

Seek judicial declaration that the registered father is not your biological father;

Present supporting evidence (e.g., DNA, sworn testimonies, public documents showing continuous use of biological father’s surname, etc.); and

Direct the Local Civil Registrar and PSA to amend the record accordingly.

Note: Since your biological father is already deceased, issues of inheritance and legitimacy may also arise, which makes judicial intervention unavoidable.

Hello:

Presuming this case is within the Philippine jurisdiction, your situation involves what is known in law as a case of “filiation and legitimacy.” Under the Family Code, a child born during a valid marriage is presumed legitimate, which is why your mother’s legal husband at the time of your birth was automatically recorded as your father in the Civil Registry. This presumption can only be overcome through a proper court proceeding.

a.) If you want to change your surname to that of your biological father, it cannot be done through a simple correction of clerical error with the Local Civil Registrar. You will need to file a Petition for Correction of Entries and/or Change of Name before the Regional Trial Court because this is a substantial change.

b.) Since your biological father is already deceased, you will also need to establish proof of paternity. This may be done through documentary evidence, testimonies of relatives, or DNA evidence from surviving relatives of your biological father.

c.) The removal of your mother’s legal husband as the registered father on your birth certificate likewise requires a judicial proceeding, because it touches on questions of legitimacy. Philippine law does not allow this to be done administratively. The court will weigh the evidence before ordering the correction.

d.) If the biological father had recognized you during his lifetime (for example in a notarized affidavit, in your baptismal or school records, or other public documents), such recognition will strengthen your petition.

This is a sensitive and complicated matter under Philippine family law because it involves the rights of succession, legitimacy, and even the marital rights of your mother. The court’s approval is necessary to avoid future problems with inheritance, identification, and legal documents.

Our law firm can assist you in evaluating your supporting documents and preparing the petition before the Regional Trial Court where you are residing. We have offices in Luzon, Visayas, and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom, or a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you may also call or text us at +639175046510.

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Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm
E-mail: recososalawfirm@gmail.com
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