Half Filipino Half American Child's Potential Passport Issue Without Mothers Maiden Name as Middle Name.

[SemperAye 2]

Hello everyone,

 

I'm here in the Philippines and trying to be proactive as the lady at the civil registrar here in Mandaue City, Cebu told us that our child will "have a hard time to get a Philippines passport because her middle name is one that we made-up and not her mothers maiden name, that its the law when it comes to Philippine passports." She said that "she had two clients that had trouble because of this," and asked us if we wanted to amend our daughters name!  No we are NOT changing our daughters name just to have a Philippines passport, we get to choose our daughters name not the Philippines lol.... Of course it tradition here in the Philippines to name your child's middle name the mothers maiden name, but the mother is also a dual citizen and so we opted for "American" citizenship on the certificate of live birth.  I couldn't find any information about any real actual law in this regard. I talked to my dual citizen classmates here in the Philippines, and some of them have "made-up" middle names on their passports so I'm wondering how they were able to do this? Why would the hospital, and registrar even allow us to put whatever name we wanted if it was against the law...I don't really care at the end of the day because we will be getting a US Passport anyway, and could try applying for a Philippines passport at the embassy in the US, but I want to know if anyone else has been though this IN THE PHILIPPINES with success. Again I have not even tried yet to get my daughters passport, I just want to go in there with ammo if they give me grief. I know that people here often confuse tradition with laws, its the chismis effect  Any help would be appreciated, Salamat!

Edited December 4, 2017 by SemperAye

[SemperAye 2]

We find it extremely hard to believe that the many half Filipino's we know back home , born in the US with a "made-up" name would not be able to get a Philippines passport without doing a name change.

[Cyberfx1024 7,980]

18 minutes ago, SemperAye said:

We find it extremely hard to believe that the many half Filipino's we know back home , born in the US with a "made-up" name would not be able to get a Philippines passport without doing a name change.

You do know that there isn't an actual law in regard to this it is all just usually made up by the civil registrar that may or may not agree with doing what you did. 

 

My asawa came from Davao and I asked her when we had our first child together if she wanted to follow Philippine traditional naming. She said "why would we do that, we are in America na so we will name out child what we want". We have since gone through and made our two children dual citizens with no problem from the embassy. 

 

So don't mind that stupid person and go ahead in life with no problem. If you choose to get a Philippine passport then do it on this end in the USA.

[SemperAye 2]

10 minutes ago, cyberfx1024 said:

You do know that there isn't an actual law in regard to this it is all just usually made up by the civil registrar that may or may not agree with doing what you did. 

 

My asawa came from Davao and I asked her when we had our first child together if she wanted to follow Philippine traditional naming. She said "why would we do that, we are in America na so we will name out child what we want". We have since gone through and made our two children dual citizens with no problem from the embassy. 

 

So don't mind that stupid person and go ahead in life with no problem. If you choose to get a Philippine passport then do it on this end in the USA.

LOL thanks. I did find info on Art. 375 that states that the maiden name of the wife is not required as a middle name, I also found another answer here too: 

"updating and closure of this issue.

After multiple visits to DFA in Pampanga and San Fernando and were told her name 'wasnt allowed'. We were told to go to Bureau of Immigration (BI) for her Philippines Certificate of Citizenship. You can only do this at the main office in Manila.

Wife and baby go up to main BI office to get this paperwork handled and were told it takes 6 months. Since my wife is just finishing up her medical exam in the next couple days, the 6 month visa validity period was an issue so BI told us that we would end up having to pay ~30k peso for the childs...sigh.. 'tourist visa' dated from birth up until Feb 2017. They also told us "why dont you just take her US passport to DFA and get her PH passport", which we've tried at the provincial DFA branches previously to no avail.

Wifey goes off to main DFA office in Manila and gets the babys passport taken care of in about an hour. They saw the name, and asked if she was ok that the baby did not have her maiden name, wifey said it wasnt a problem and passport application was approved. They didnt ask if the baby has a CRBA/US passport and we did not disclose that info either.

Policies/regulations/laws are inconsistent not only between different government organizations but between different branches as well. Thanks for all that replied in assistance, thankfully this is finally resolved!" -Shayney08

 

Needless to say, we'll probably just do it in the US like you suggested. As for the proof of Philippines citizenship to avoid exit fees, she was born here, will have country of birth Philippines on her US passport so it shouldn't be an issue, but will get the certificate of citizenship to be on the safe side. Anyone have experience with exit fees in this instance? Peace!

 

Edited December 4, 2017 by SemperAye

[SemperAye 2]

Article 364 of the New Civil Code states that ‘[l]egitimate and legitimated children shall principally use the surname of the father’. It was established in the case of In re Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 148311.  March 31, 2005) 3^rd div Sandoval-Gutierrez J that the use of the mother’s surname as middle name by a legitimate child is merely discretionary. In other words, in registering the name of a child, the child’s name may or may not bear the mother’s surname. By way of exception, the use of a middle name or the mother’s surname is mandatory only in the case of descendants bearing identical first names with ascendants under Article 375 of the New Civil Code.

[Cyberfx1024 7,980]

1 hour ago, SemperAye said:

LOL thanks. I did find info on Art. 375 that states that the maiden name of the wife is not required as a middle name, I also found another answer here too: 

"updating and closure of this issue.

After multiple visits to DFA in Pampanga and San Fernando and were told her name 'wasnt allowed'. We were told to go to Bureau of Immigration (BI) for her Philippines Certificate of Citizenship. You can only do this at the main office in Manila.

Wife and baby go up to main BI office to get this paperwork handled and were told it takes 6 months. Since my wife is just finishing up her medical exam in the next couple days, the 6 month visa validity period was an issue so BI told us that we would end up having to pay ~30k peso for the childs...sigh.. 'tourist visa' dated from birth up until Feb 2017. They also told us "why dont you just take her US passport to DFA and get her PH passport", which we've tried at the provincial DFA branches previously to no avail.

Wifey goes off to main DFA office in Manila and gets the babys passport taken care of in about an hour. They saw the name, and asked if she was ok that the baby did not have her maiden name, wifey said it wasnt a problem and passport application was approved. They didnt ask if the baby has a CRBA/US passport and we did not disclose that info either.

Policies/regulations/laws are inconsistent not only between different government organizations but between different branches as well. Thanks for all that replied in assistance, thankfully this is finally resolved!" -Shayney08

 

Needless to say, we'll probably just do it in the US like you suggested. As for the proof of Philippines citizenship to avoid exit fees, she was born here, will have country of birth Philippines on her US passport so it shouldn't be an issue, but will get the certificate of citizenship to be on the safe side. Anyone have experience with exit fees in this instance? Peace!

 

Just like I said before as well and I read the topic you quoted when it first was posted on here it is not law at all to do it like that. You know as well as I do that alot of times in the Philippines some offices will just interpret and do stuff as they see fit. It is their little fiefdom so to speak. So even if one person says "they heard you might have a problem or no they can't do that", then just go to another office.

 

Also don't EVER believe the world renown Philippine "I heard or someone told me about this" gossip/advice line, because half time it ain't true in regard to immigration or anything here in the USA. My asawa took almost a year to finally realize that. 

[Chris Duffy 1,257]

5 hours ago, cyberfx1024 said:

Just like I said before as well and I read the topic you quoted when it first was posted on here it is not law at all to do it like that. You know as well as I do that alot of times in the Philippines some offices will just interpret and do stuff as they see fit. It is their little fiefdom so to speak. So even if one person says "they heard you might have a problem or no they can't do that", then just go to another office.

 

Also don't EVER believe the world renown Philippine "I heard or someone told me about this" gossip/advice line, because half time it ain't true in regard to immigration or anything here in the USA. My asawa took almost a year to finally realize that. 

It's More Fun In The Philippines..........

[Hank_ 9,174]

9 hours ago, SemperAye said:

Hello everyone,

 

I'm here in the Philippines and trying to be proactive as the lady at the civil registrar here in Mandaue City, Cebu told us that our child will "have a hard time to get a Philippines passport because her middle name is one that we made-up and not her mothers maiden name, that its the law when it comes to Philippine passports." She said that "she had two clients that had trouble because of this," and asked us if we wanted to amend our daughters name!  No we are NOT changing our daughters name just to have a Philippines passport, we get to choose our daughters name not the Philippines lol.... Of course it tradition here in the Philippines to name your child's middle name the mothers maiden name, but the mother is also a dual citizen and so we opted for "American" citizenship on the certificate of live birth.  I couldn't find any information about any real actual law in this regard. I talked to my dual citizen classmates here in the Philippines, and some of them have "made-up" middle names on their passports so I'm wondering how they were able to do this? Why would the hospital, and registrar even allow us to put whatever name we wanted if it was against the law...I don't really care at the end of the day because we will be getting a US Passport anyway, and could try applying for a Philippines passport at the embassy in the US, but I want to know if anyone else has been though this IN THE PHILIPPINES with success. Again I have not even tried yet to get my daughters passport, I just want to go in there with ammo if they give me grief. I know that people here often confuse tradition with laws, its the chismis effect  Any help would be appreciated, Salamat!

Not required, not necessary when getting a Philippine passport.  Shayney had issues with personal at the DFA office in Pampanga, but had no issue when he went to DFA in Manila to get the passport.   It is next to impossible to get around the middle name in the Philippines, it is everywhere.  Too many people behind the counter inject their personal opinions into the mix instead of following the rules, and out in the satellite offices for DFA there isn't anyone close by to "correct" their thinking.   

 

If you have issue at the DFA office near you, then go to DFA in Manila, the Aseana branch is very good.

 

Bradco Avenue corner Macapagal Boulevard, Aseana Business Park, Barangay Tambo Parañaque 1714 Metro Manila, Parañaque, Metro Manila, Philippines

 

 

 

No one in the USA has issue with the Philippine passport for their child when applying through a consulate and the child has an "American middle name".

[RO_AH 1,659]

13 hours ago, cyberfx1024 said:

Also don't EVER believe the world renown Philippine "I heard or someone told me about this" gossip/advice line, because half time it ain't true in regard to immigration or anything here in the USA. My asawa took almost a year to finally realize that. 

I hear that all of the time from my asawa. She should know by now that, that never flies with me because I always make her go find out on her own because quite often the person telling her things is wrong.

 

As for the naming thing, we will name our child with the customary Philippines traditional way when our baby is born in June.

[Cyberfx1024 7,980]

2 hours ago, RO_AH said:

I hear that all of the time from my asawa. She should know by now that, that never flies with me because I always make her go find out on her own because quite often the person telling her things is wrong.

 

As for the naming thing, we will name our child with the customary Philippines traditional way when our baby is born in June.

Why are you going to name your child the traditional way??? 

 

 

My asawa always kept saying the first year or so of "I heard this or someone told me about this" about a particular subject. It literally took her about a 1-2 years of her being here to find out that over half of what she heard was complete BS. 

[RO_AH 1,659]

1 hour ago, cyberfx1024 said:

Why are you going to name your child the traditional way??? 

One less name to pick once the baby is born  

[Chris Duffy 1,257]

Question

 

Which half is Filipino and which half is Kano?

[SemperAye 2]

4 minutes ago, Chris Duffy said:

Question

 

Which half is Filipino and which half is Kano?

LOL...