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NAME ON BIRTH CERTIFICATE BEARING MOTHER'S LAST NAME/FATHER DOES NOT ALLOW HIS NAME TO BE USED

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donpid


Arresto Menor
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 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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Katrina288


Reclusion Perpetua
Hi,

Since the father of your friend does not want to voluntary recognise him, your friend can file a petition in court to prove his paternity (prove the identity of his father). This can be done by DNA testing. The court will issue a Court Order ordering the father to submit himself for DNA testing. Once proven, the birth certificate of your friend can be accordingly updated.

If you need legal assistance, please send a direct email to km@kgmlegal.ph

Regards,
Atty. Katrina

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3 DNA TESTING REFUSED BY FATHER on Thu Aug 13, 2015 5:51 am

donpid


Arresto Menor
What if his father refused the court order for a DNA Testing. By the way, I forgot to mention that his father and mother are not married. Is there another way Don could fix his birth certificate? Thank you

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Katrina288


Reclusion Perpetua
If his father refused to follow the court order to submit himself for DNA testing, he can be held liable for contempt of court and ipapakulong siya hanggang sa sumunod siya sa court order. Yes, siyempre hindi kasal ang parents, otherwise, automatic na nakaapelyido sa father ang anak.

Since Don's father does not want to voluntarily acknowledge him as his son, the only option for him is DNA testing.

View user profile http://www.kgmlegal.ph

5 DNA TEST AND FILING FOR A PETITION on Thu Aug 13, 2015 10:04 am

donpid


Arresto Menor
Thank you for the response Atty. Katrina. May I ask if you know the estimated cost of filing a petition for DNA testing? Thank you.

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Katrina288


Reclusion Perpetua
The petition is not for DNA testing. The DNA testing is only part of the proceedings to prove paternity. The petition is to prove the paternity of your friend's father.

For costs, please send an email to km@kgmlegal.ph

Regards,
Atty. Katrina

View user profile http://www.kgmlegal.ph

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