Bearing Father’s Surname: How important it is?

Under the provisions on paternity and filiation of the Civil Code, other classes of illegitimate children were recognized e.g. natural children, spurious children, etc.

But now the Family Code recognizes only 2 classes of children: legitimate and illegitimate children.

A child shall be considered legitimate if he is conceived or born during a VALID marriage. Otherwise, he shall be recognized as illegitimate child.

Bearing father’s surname is one of the rights of a legitimate child. An illegitimate child shall generally use the surname of the mother, unless his filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document such as a notarized affidavit or private handwritten instrument as mandated by R.A. 9255, amending Art. 176 of the Family Code. The Law was enacted on February 24, 2004 and has a retroactive effect meaning it applies to all illegitimate children born before or after its effectivity.

Why is the use of father’s surname important?

The giving of father’s surname to a child is more than just a tradition. Bearing the father’s surname is indicative of paternity and filiation. It denotes the father-child relationship. The identification with the father usually has extremely powerful effects on the child since the father plays a crucial role in his intellectual and social development. Moreover, a child shall be entitled to all the benefits of using the father’s surname such as support, inheritance property, good reputation, etc.

Knowing I have a great Father in heaven is quite exhilarating. I can rest in His loving arms for I am His adopted child and I bear His awesome name. The name I should guard and keep it spotless as I do with my biological father’s surname.

Gusto ko na mag-resign, what shall I do?

        Resignation is a voluntary act of employee which is beyond the control of the employer (People’s Security Inc. vs. NLRC, 226 SCRA 146).   It is a right guaranteed by the Philippine Bill of Rights.

        Section 18. (2) "No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted."

       

        If the resignation is without just cause, the Labor Code mandates that a written notice must be served on the employer at least one (1) month in advance (Art.285).  Otherwise, the employer may hold the employee liable for damages.

    
        The notice requirement may be dispensed with if the employment is terminated for any of the following causes:

1. Serious Insult;
e.g. the transfer of an employee to a lower position

2. Inhuman and unbearable treatment;

3. Commission of a crime or offense by the employer or its representative; and
e.g. slapping the employee

4. Analogous causes
e.g. disapproval of application for an indefinite leave of absence due to illness

        The foregoing causes often constitute Forced Resignation/Constructive Dismissal.   An aggrieved employee therefore, may file a complaint for illegal dismissal before the National Labor Relations Commission.

          Forced Resignation/Constructive dismissal exists when an act of clear discrimination, insensibility or disdain, on the part of an employer has become so unbearable as to leave an employee with no choice but to forego continued employmentSoliman Security Services, Inc. The Court of Appeals, G.R. No. 143215, July 11, 2002).

        Ordinarily, when there is constructive dismissal, which is a form of illegal dismissal, the employer is liable for the full amount of backwages, if reinstatement is no longer possible, and separation pay (Siemens Philippines, Inc. vs. Enrico A. Domingo, G.R. No. 150488, July 28, 2008).

Kuripot vs. Matipid

Being labeled as “kuripot” sometimes stings me. As for me, kuripot (tagalog word) is the equivalent of the word stingy. A kuripot or stingy person gives reluctantly and unwilling to share his possessions e.g. money, service, property, etc. It is synonymous with being selfish. Paul advises us not to have this kind of attitude toward giving:

2 Corinthians 9:7

Each man should give what he has decided in his heart to give,
not reluctantly or under compulsion, for God loves a cheerful giver.

Being described as “matipid” is a lot better. Matipid is a compliment; it means thrifty or wisely economical when translated into English. It is the right attitude for a good steward and on money management. Having this character shows how much we value our blessings (money/possessions). This is one of the positive traits I developed gradually when I was working in a law firm while enrolled in law school (both full-time) to cope up my school expenses, boarding house, food, etc.

Can you see the difference now?

So don’t you dare to call me kuripot again :)

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