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please help. matters concerning a 4yrs old female kid

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Arresto Menor
Hi Everyone!

I have a cousin, 4 years old and female. Her mother now works abroad while her father is in Pampanga, less than a year when she was born, his father got married to another woman and now got kids. Those who knew her father also said that he got other woman aside from his wife. Her father never supported nor acknowledged her as his child. We even asked him if he got plans for his kid but he said nothing and just walked out.

Her mother was married to the father of her older brother. But shortly after her brother was born, her husband went abroad to work and never came back, I guess it's more than 10 years since he left. Four years ago, my Aunt found out from their common friends working also in the same place where her husband is working that her husband got another family abroad. And she got depressed. She then fall for this guy, younger than her age. They had a relationship and she got pregnant.

When my cousin was born, we declared in her birth certificate that her last name is the same as the last name of my Aunt's husband and it was also placed in that document that her father was my Aunt's husband.

We would like to enroll her next year but my Aunt said that there will be a big problem once the family of his husband found out that my cousin uses their last name since she is not a child of her husband.

1. Can we change the info on her birth certificate or is it better to file a late registration of birth instead?

2. Can we have her use her mother's maiden last name as her last name in the birth certificate? If we do so, what would be her middle name?

3. Should we declare the name of her father although he never acknowledged the child?

4. Can we ask for support for the child's education and other needs? Though we din't really need his help, somehow we wanted him to fulfill his responsibility.

5. What if her father didn't supported her?

6. Can my Aunt file for the annulment of their marriage since that haven't seen nor talked to each other for so long? Her husband hasn't come back yet.

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Reclusion Perpetua
My answers:
1. No you cannot on both questions. She is la legitimate child of your Aunt and her husband, so she will use the surname of your Aunt's husband. You cannot file late registration, you said that her birth had already been recorded.

2. No, not unless her filiation/paternity has been ruled out.

3. No, she was not acknowledged by her father, unless he execute the corresponding affidavit. In both cases, it will become an evidence of adultery.

4. Technically the child should be getting support from your Aunt's husband not her father. But you can ask for support under RA 9262 from her biological father. (Again this might be used as evidence for adultery)

5. File a case under RA 9262, economic abuse.

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