Affidavit of Use of Surname (Philippines)

An Affidavit of Use of Surname in the Philippines provides a formal sworn account of the facts it concerns, executed in the manner the law requires for it to be relied on.

For illegitimate children under RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father), once the biological father has executed an Affidavit of Acknowledgment, the mother or the child (if of age) may file an Affidavit of Use of Father's Surname with the Local Civil Registrar to effect the change of the child's surname in the civil registry. Administrative Order No. 1, Series of 2004 of the Office of the Civil Registrar General (OCRG) governs the procedure. The child's PSA birth certificate is annotated to reflect the new surname.

For married women under Article 370 of the Civil Code of the Philippines, a woman upon marriage may use: (a) her maiden first name and surname; (b) her maiden first name and her husband's surname; (c) her husband's full name, prefixed by 'Mrs.'; or (d) her maiden name followed by her husband's surname. The choice is optional under the Civil Code, but many government agencies and financial institutions require a formal sworn statement to update records. The Supreme Court of the Philippines in Yasin v. Hon. Judge Sharia District Court (G.R. No. 94986, February 23, 1995) affirmed that a woman's right to use her maiden name after legal separation or annulment does not require a separate petition.

The affidavit is notarized before a Philippine notary public and submitted to the relevant civil registry office, PSA, and other agencies (such as SSS, PhilHealth, Pag-IBIG, BIR, and banks) to update records.

The legal framework governing the Affidavit of Use of Surname (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Affidavit of Use of Surname (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

An Affidavit of Use of Surname in the Philippines is needed in various civil registry and personal identity contexts.

An Affidavit of Use of Father's Surname under RA 9255 is needed when an illegitimate child's birth certificate currently shows the mother's surname, and the biological father has subsequently executed an Affidavit of Acknowledgment — enabling the child to use the father's surname in school, government IDs, SSS, PhilHealth, Pag-IBIG, and PSA records.

An Affidavit of Use of Surname is filed when a married woman wishes to formally adopt her husband's surname or revert to her maiden name after annulment, declaration of nullity, or the death of the husband, to update her civil registry entry, Philippine passport, PhilSys national ID, and employer records.

An Affidavit of Use of Surname is required by many Philippine government agencies and financial institutions — including BIR, SSS, PhilHealth, Pag-IBIG, banks, and the Bureau of Immigration — as supporting documentation when a person's current name differs from the name in their civil registry documents due to surname changes arising from marriage, legitimation, or acknowledgment.

An Affidavit of Use of Surname is needed when a legitimated child's new surname (the father's surname) must be reflected in government records — SSS, BIR TIN, PhilHealth, and school records — following the annotation of the PSA birth certificate upon legitimation under Article 177 of the Family Code.

An Affidavit of Use of Surname serves as supporting documentation for Philippine passport applications (under DFA Memorandum Circular No. 001, s. 2021) when the applicant's current name differs from the name in the PSA birth certificate due to marriage or civil registry annotation.

Parties in Philippines should prepare a Affidavit of Use of Surname (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Affidavit of Use of Surname in the Philippines must contain the following elements depending on the specific purpose.

For RA 9255 (Illegitimate Child Using Father's Surname): Identity of the affiant (mother or legal guardian if child is a minor, or the child if of legal age); child's full name as in the PSA birth certificate; reference to the father's Affidavit of Acknowledgment and its registry details; express declaration that the child will henceforth use the father's surname; the new complete name of the child (first name + father's surname + mother's surname as middle name); and supporting documents — PSA birth certificate of the child (Annex 'A') and the father's Affidavit of Acknowledgment or the annotated PSA birth certificate (Annex 'B').

For Article 370 Civil Code (Married Woman's Surname): Full maiden name and address of the affiant; date and place of marriage; PSA marriage certificate registry number; express election of which surname option under Article 370 (maiden name only, husband's surname, or combination); and supporting documents — PSA marriage certificate (Annex 'A') and government ID.

Notarization: Both types of affidavit must be notarized by a Philippine notary public under the 2004 Rules on Notarial Practice, or by a Philippine Consul for Filipinos abroad.

Filing Procedure: For RA 9255 affidavits — file with the Local Civil Registrar of the city or municipality where the birth was registered, following the procedure under OCRG Administrative Order No. 1, Series of 2004. The LCR annotates the birth record and transmits to the PSA. For Article 370 affidavits — the affidavit itself is used as supporting documentation for individual agency updates (passport, SSS, BIR, bank) rather than being filed with the LCR in most cases.

Additional compliance elements for a Affidavit of Use of Surname (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.