TOPIC: change of surname

change of surname 3 years 7 months ago #17890

Good afternoon Atty.

I was born an illegitimate child in 1991. My father recognizes me and even signed the affidavit of admission of paternity at the back of my BC. My parents got married on 1995 and had my birth certificate legitimated, bearing the annotation “Legitimated due to the subsequent marriage of the parents”. As what I can see that I was late registered in 1995 also.
Since, I got the LCR copy of my birth certificate, bearing the surname of my father(Embajador), I had been using it ever since I entered school, but when I entered college, we were asked to submit a photocopy of our NSO-authenticated BC, so I got one. But, in my NSO-authenticated BC, my surname was not yet change, it was still bearing the surname of my mom(Abellaneda). We did not encounter any problems that time since my father signed the Affidavit of Admission of paternity at the back, so the school still accepted my requirements. I had been using my father's surname in all of my records: School records, SSS, Philhealth, PAG_IBIG, TAX, bank accounts etc., thinking that it was just okay.
Last 2016, I applied for a passport but then, the DFA did not accept my requirements due to my NSO-authenticated BC, they advised me to apply for legitimization, and get my new NSO-authenticated BC, bearing my father's surname. But as I get the requirements, I found out that my mom was married to a certain man in 1970 when she was still a minor. She was born on 1953. As what I know, that a marriage with minors is invalid (correct me if I’m wrong).
I went to the LCR and they told me that I will not be legitimated since my mom was married before my dad and I also will not be allowed to use the surname of my father because the law regarding it was amended.
I was unsure of the LCR’s statement, so I read the amended rules and regulations. I found out that there are ways for an illegitimate child to still use the surname of the father.
That is my story Atty.
Here are my questions:
1.) I really do want to use the surname of my father, since I had been using it since then, where should I go regarding this matter?
2.) With regards my mom’s case, she said that her former husband, already got a new family before she met my dad and they had a written agreement in 1995 before the Barangay Captain of their place, stating that they will no longer get involved with the affairs of each. She got it before she gets married to my dad. The reason why they were able to marry each other that time. Is it a valid reason for my parents’ marriage?
3.) With regards my mom’s first marriage, she was a minor back then, why was it still reflected in her CENOMAR?
4.) I am the only child of my dad, will my status, as what I understand it, an illegitimate child, affect my inheritance of all his assets?
Thank you Atty._____. I’m hoping that you will be able to help me on this matter. More power to your firm!

Sincerely yours,
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change of surname 3 years 3 months ago #17920

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1. You should go to the court to have your name changed. However, I think it will be a difficult task since the marriage between your parents is bigamous.

2. NO. An agreement will not work to void a marriage. It must be via a court order for purposes of remarriage.

3. Because marriages are deemed regular until declared null and void. Besides, before, marrying age was lower than 18.

4. Yes, you get half of what a legitimate gets.

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