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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Title VI — Paternity and Filiation

Article 176

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

Illegitimate children shall use the surname and shall be under the parental authority of their mother. They are entitled to support and to receive their hereditary share (one-half of a legitimate child's share). IMPORTANT UPDATE: RA 9255 (2004) amended Art. 176 to allow an illegitimate child to use the father's surname IF the father acknowledges the child through a public document or private handwritten instrument. Acknowledgment must be voluntary; it cannot be forced.

Key point

Art. 176 as amended by RA 9255: illegitimate child can now bear the father's surname if the father voluntarily acknowledges. Default remains the mother's surname.

Official text — EO 209

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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

Chapter 4. Legitimated Children

Source: lawphil.net (EO 209 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.