IRR of REPUBLIC ACT NO. 9255 (PSA OCRG ADMINISTRATIVE ORDER NO. 1-2023), April 28, 2023

[ IRR of REPUBLIC ACT NO. 9255 (PSA OCRG ADMINISTRATIVE ORDER NO. 1-2023), April 28, 2023 ]

AMENDMENT OF IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9255

WHEREAS, Republic Act (RA) No. 9255 otherwise known as An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 29=09, Otherwise Known as the "Family Code of the Philippines" was passed into law on 24 February 2024.

WHEREAS, as mandated by RA No. 10625, the Civil Registrar General (CRG) promulgated Implementing Rules and Regulations of RA No. 9255, OCRG Administrative Order (AO) No. 1-2004, dated 24 May 2004;

WHEREAS, pursuant to Supreme Court Ruling in the case of "Grande vs. Antonio", G.R> No. 206248 dated 18 February 2014, the PSA AO No. 1-2016 dated 22 March 2016 was promulgated revising OCRG AO No. 1-2004;

WHEREAS, to address the rules to be applied for non-marital children after the effectivity of the Family Code of the Philippines up to the effectivity of RA No. 9255, it it recommended that certain provisions pertaining to the coverage of RA No. 9255 of PSA AO No. 1-2016 be amended.

NOW, THEREFORE, the Civil Registrar General, pursuant to its mandate under RA No. 10625, hereby promulgate the following amendments to PSA AO No. 1-2016:

SECTION 1. Rule is hereby amended to read as follows:

"RULE I. Coverage

These Rules shall apply to all non-marital children during the effectivity of Executive Order No. 209 or otherwise known as the "Family Code of the Philippines". This includes:

1.1. Unregistered births; and

1.2 Registered births were the non-marital children use the surname of the mother."

SEC. 2. The rules and other prevailing issuances pursuant to RA No. 9255 shall have retroactive effect for all births occurring within and outside the Philippines in accordance with Rule 1 of this PSA AO No. 1-2023.

SEC. 3. All circulars, memoranda, rules and regulations or parts thereof inconsistent with provisions of this Amended Implementing Rules and Regulations are hereby modified accordingly.

SEC. 4. This Amended Implementing Rules and Regulations shall take effect immediately after its publication in a newspaper of general circulation in the Philippines.

Approved this 28th day of April, 2023.

(SGD.) CLAIRE DENNIS S. MAPA, PhD

National Statistician and Civil Registrar General