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TOPIC: FATHER DOES NOT ALLOW SURNAME BE USED

FATHER DOES NOT ALLOW SURNAME BE USED 4 years 1 week ago #15984

Good day! I am writing this to you on behalf of a friend of mine who’s name is Don Pidlaoan who’s been looking into some options on how to get his name on his birth certificate fixed. The information below is what I can remember about the details:
a.) His name on his birth certificate is Donato Abarro (Abarro- his mother’s maiden last name). His father and mother are not married. His father doesn’t want to recognize him as his son.
b.) However, during his childhood days, his aunts were able to have him enrolled in school using the name Donato Abarro Pidlaoan (Pidlaoan-his father’s last name). His records in primary, secondary and tertiary school has always been Donato Abarro Pidlaoan.
c.) Since his first job, he’s been using the name Donato Abarro Pidlaoan, so all of his government records as well as government contributions are registered under that name. Because of this, he’s not able to make use of his government benefits like SSS and PhilHealth because the name on his birth certificate contradicts the name on his government records.
d.) He now wants to know how to get his what seemed to be duplicate name corrected so that he will be able to make use of his government benefits. Recently, he went to the Civil Registry at the Manila City Hall to seek assistance in correcting his name. The Legal Department at the Manila City Hall advised him to write a letter to his father (who is Zamboanga) and ask his father to go to the Civil Registry in his municipality to secure and fill-out an acknowledgement form along with a photo copy of his two valid government and have it sent to Don via LBC. However, the problem with this is that Don’s dad does not want to sign the acknowlegement form to allow Don to use his last name.
e.) Don’s dad and mom are not married and has been separated for a long time and his dad now has a different family. Don’s Mom also has another family already and is now residing in Cavite. That’s the information that Don knows about the whereabouts of his mother.

Don would like to know if there are any options he could correct his name without having his dad involved in the proceedings since the latter does not want to sign the acknowlegement form allowing Don to use his last name.
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FATHER DOES NOT ALLOW SURNAME BE USED 3 years 4 months ago #16878

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He must correct his names in other records to conform with his name in his birth certificate- his real name.
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FATHER DOES NOT ALLOW SURNAME BE USED 3 years 4 weeks ago #17115

My fiance has a similar case. His Mom, originally registered him with his father's surname even when they were not married. Only to find out later that he has a family in Tarlac, his mom decided to file an affidavit to have the last name changed to her Mom's maiden surname. So he has been using the birth certificate that has his Mom's last name on it, the thing is that it is not an NSO copy (nowadays it all needs to be NSO). So he has been using her Mom's surname since he was a kid. Now when we requested NSO birth certificate it appears that what was registered was still his dad's last name.

-Which of the two surnames is legal to be used?
-Is an affidavit, vald to have his last name changed?
-If he needs to update his government accounts, what documents do we need to secure?
-His children (from his wife who already passed away) used his mother's last name as well, how do we go about it?
Last Edit: 3 years 4 weeks ago by Shayne Anne Santos. Reason: additional details
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FATHER DOES NOT ALLOW SURNAME BE USED 3 years 4 weeks ago #17116

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-The one in the birth certificate is the legal one.

-No. It must be through a court order.

-Ask the government agency concerned.

- File a change of name.
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Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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