Best Posts in Thread: The Middle Name

When i was still working my wife and i did a lot of travelling due to the requirements of my job (she was in her late 30's early 40's)
On exiting the Philippines she was constantly hassled at immigration for one reason or another that the officer would never clarify to me when i questioned them about the supposed "problem"
After thinking why this was happening it came to me that it always happened when the officer was female and never any problem with a male, this led me to believe jealousy was the cause, not because my wife was with such a good looking guy as me but because she was escaping the place that they were trapped in.
Since then even though it meant standing in the longest queue at immigration we always picked a counter with a male officer.
Problem solved.

 

My wife and I debated the middle name of our boy. We agreed, without a problem, on the first name. Her argument on the middle name was you have to consider the boy is (half) filipino and the tradition is what it it. I respect that and agreed. I think his lola and lolo are very happy. Peace

 

Thank you for the appreciation! Lest you start to think I must be some kind of legal professional or student of law, I better declare that I’m just a senior person who enjoys writing and, where a subject tickles my personal interest or curiousity, I also enjoy the challenge of putting together authoritative information that rises above din of fake news and/or disinformation. It’s like enjoying a challenging crossword puzzle and then shining light of truth in darkness of lies and deception or wielding my pen like a singing sword!

Bearing the surnames of both father and mother is a child's right because being so named gives sure acknowledgement of filiation and distinct identity that comes with obligatory support from both parents and shields lawful rights to inheritance in minor age. Seeing to it that a child is properly named in civil registry is a responsibility of the parents, the OB Gyne or midwife, and the local civil registrar. And yet, should the child wish to do away with his mother's maiden surname for some reason, the law allows him if he has reached age 21 when he is lawfully deemed an adult emancipated, free to live his own life as he sees fit.

 

Sounds typical. I know a Filipino who moved back 10 yrs ago. In trying to regain citizenship, he has been asked for over a dozen documents. The joke (ha-ha) is that the Bureau of Immigration will ask for a document, then when it is submitted, will THEN say another document is required (grandfather's death certificate?). All because in his first meeting in Manila, 7 years ago, he refused to pay the clerk's friend to "expedite" things. The most corrupt, inept, bureaucracy i have ever heard about. I have very little respect remaining for this government, and voters will do nothing about it. So far, the only decent bureau is PRA.

 

I just cross posted this over on reddit and finally got something concrete. In the below cited decision, it was decided a person's name could be changed to avoid confusion. As the preponderance of evidence already pointed to a different name, the Philippines had no right to change it. My daughter's name is already on 4 official documents, so to avoid confusion, it should remain the same. The judge also stated that the birth record will clearly show who the mother and father is, so the other provisions cited by lower courts don't apply.

https://sc.judiciary.gov.ph/17424/

 

What law? Everyone keeps saying it is the law, but there is no law, as I've pointed out.

My wife and I had this same discussion. My only argument against adding my wife's maiden name was unduly burdening my daughter when writing her name, and my wife agreed. She never mentioned the law or a tradition. As the parents of our daughter, we should have the sole right to name her, as long as she doesn't dispute that choice. Everyone keeps saying law and tradition, but again, the tradition is incorrect and there is no law.

 

You quote the law in your usual amazing style - but are all your laws sensible (and fair) in the modern age? In addition to naming a child: there is the law telling people who inherits their money (it can be a philandering husband with kids in many places but still married - see my next one!); absence of divorce laws trapping your people (especially women - see my next one!); criminalizing a married woman's new relationships, but allowing the 'husband' free to roam and impregnate as many woman as he wishes.

It is your country, but your laws on divorce (as you know, the ONLY country in the world) and criminalizing women and not men for the same situation should (IMO) eliminate your country from the International Community. Until you treat all your citizens equally (and give them rights even the most unpleasant nations give their people) then you should be ostracized.

 

Good day! My late parents also had to have a problematic name entry in my birth record cancelled or corrected due to confused application of the 1889-enforced Spanish Civil Code and a Catholic Church-imposed addition of a saint’s name in baptism. I gather that, in Muslim cultures, religious law and/or civil registration procedure does not require a child to bear any middle name. I also read that, in western cultures, a new baby’s name is registered with a middle name simply consisting of a second given name or any that’s between the first given name and the last name. In the Philippines, a newborn’s name is strictly registered, with lawful exception, as consisting of one or more given names as first name; of a middle name taken from the mother’s maiden surname; and of a last name taken from the father’s surname.

The lawful requirements to report birth abroad are listed in the Department of Foreign Affairs guidance, officially published at https://consular.dfa.gov.ph/services/consular-records/crd-requirements/crd-report-of-birth, or in the Embassy of the Philippines in Kuwait guidance, officially published at http://www.kuwaitpe.dfa.gov.ph/80-consular-services

The lady at the Philippine Embassy in Kuwait was actually correct and appropriate in saying that the given name “Gabrielle” is not your daughter's middle name and that it has to be her mother’s maiden surname because not only does Filipino culture traditionally give equal value to both lineage from birth mother and lineage from birth father, as evolved from 377 years of Hispanization, but also Philippine law, Philippine jurisprudence, and the Philippine government explicitly requires the birth mother’s maiden surname to be supplied as the newborn's middle name, in civil registry or in report of birth abroad.

The Vice Consul was appropriately referring you to Republic Act No. 386 (June 18, 1949) known as the Civil Code of the Philippines (amended/ renumbered by Executive Order No. 209, s. 1987 and published at https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/ wherein the following relevant provisions of law are ordained:

“Article 264. Legitimate children shall have the right: (1) To bear the surnames of the father and of the mother:” (Under Chapter I Legitimate Children of Title VIII, Book I Persons)

“Article 368. Illegitimate children referred to in article 287 shall bear the surname of the mother.” (Under Title XIII Use of Surnames, Book I Persons)

“Article 380. Except as provided in the preceding article, no person shall use different names and surnames.’‘ (Under Title XIII Use of Surnames, Book I Persons)​

As you can see, the wording of the above provisions does not give legal basis or option to use a given name as middle name in birth civil registry or in reporting birth abroad.

In addition, Philippine jurisprudence has legally established the parts of a person's name, the purposes of a middle name, and has upheld requirement of the mother’s maiden surname as middle name in birth civil registry, in the case In Re: Petition For Change Of Name And/Or Correction/Cancellation Of Entry In Civil Registry Of Julian Lin Carulasan Wang versus Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005 (officially published at https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/43544 wherein the Supreme Court states: “Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has… … the registration in the civil registry of the birth of such individuals requires that the middle name be indicated in the certificate. The registered name of a legitimate, legitimated and recognized illegitimate child thus contains a given or proper name, a middle name, and a surname.” (bold highlighting, mine)

Moreover, the Philippine Government thru the Philippine Statistics Authority (PSA), reorganized and created by Republic Act No. 10625 (July 23, 2012) as implementor and enforcer of Act No. 3753 (November 26, 1930) known as the Civil Registry Law, officially defines what constitutes the full name of an individual at https://psa.gov.ph/content/faq-civil-registration-procedures-births and gives official instructions to government workers on how to record a child’s full name or middle name on pages 54-56 of 159 of the Civil Registration & Vital Statistics Handbook for Health Workers, officially published at https://psa.gov.ph/sites/default/files/CRVS HANDBOOK FOR HEALTH WORKERS (Second Edition).pdf

YOU DID RIGHT in trying to report your daughter’s birth abroad to the Philippine embassy in Kuwait; BUT YOU ERR in refusing to supply the maiden surname of your daughter’s mother as middle name. Such refusal to abide by the Philippine Civil Code or the Civil Registry Law demonstrates a denial of your daughter’s Filipino maternal filiation and/or a disavowal of maternity by her Filipino mother. With such denial or disavowal of Filipino maternal filiation, it is likely your daughter can not be issued a Philippine Passport. Relative to this, the Supreme Court declared in Gerardo B. Concepcion versus Court of Appeals and Ma. Theresa Almonte, G.R. No. 123450, August 31, 2005 (officially published at https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/42595) that: “A mother has no right to disavow a child because maternity is never uncertain.” (bold highlighting mine)

My own problematic experience was not the same as yours. Yet to help, let me refer you to PSA-prescribed standard solutions for resolving middle name problems in Birth Certificates, officially published at https://psa.gov.ph/civilregistration/problems-and-solutions/no-middle-name. Hope you will find an applicable solution to your problem soon. Cheers!

 

They told me my one year Visa was not a Balikbayan (even though it was issued as a BB and accepted as such when I exited the country 12 months later) and said I could not apply for a driving license at all. They know nothing - they just think they do.

 

That’s really interesting. I can say that in the family of my sons mom that rule was strictly adhered to, and so I didn’t see a reason to argue about that or question that practice back then.

his Filipino passport has her maiden name plus my last name. German embassy however didn’t like him carrying my last name since I’m not married to his mom. By German law the child gets the mothers name in that case. So there he just has his mother’s name as single last name.

What if you would treat the middle name as a second first name and just let them put their Filipino middle name in their Filipino forms? So far we haven’t had any problems with our kid having slightly different names in the two passports- rarely ever you present both passports side by side.

After the weird encounter with the consul I’d however understand if you want to push this further out of principle