SURNAMES ( Arts.

364 380 Civil Code )

1. What is the significance of a Family Name? (see- Republic v. Hernandez, 253 SCRA 509)

The name of an individual has two parts:Thegivenorpropernameandthesurnameorfamilyname.

Thegivenorpropernameisthatwhichisgiventotheindividualatbirthoratbaptism,todistinguish
himfromotherindividuals.Thesurnameorfamilynameisthatwhichidentifiesthefamilyto
whichhebelongsandiscontinuedfromparenttochild.Thegivennamemaybefreelyselectedby
theparentsforthechild,butthesurnametowhichthechildisentitledisfixedbylaw(Tolentino)

2. As a gen. rule, whose family name shall be used by a legitimate or legitimated child?

Art. 364 of the Civil Code provides: Legitimate and illegitimate children shall principally
use the surname of the father. (also in Art 174 of the Family Code (legitimate children) and
Art 179 (illegitimate children))

3. Can a legitimate or legitimated child use the surname of her mother rather than her fathers
surname? (See Alfon v. RP, 97 SCRA 861, 1980)

In Alfon vs. Republic, the Supreme Court ruled that the word principally used in Article 364 is
not equivalent to exclusively so that there is no legal obstacle if a legitimate or
legitimated child should choose to use the surname of the mother to which it is equally
entitled.

4. Whose family name shall be used by the adopted child?

According to Article 365, the adopted child shall bear the surname of the adopter.

5. Whose family name shall be used by the illegitimate child? Any exception?

Article 176 of the Family Code provides that illegitimate children shall use the surname and
shall be under the parental authority of their mother, and shall be entitled to support in
comformity with this Code.

XPN: Illegitimate children may use the surname of their father:

(a) if their filiation has been expressly recognized by the father through the record of birth
appearing in a civil register,
(b) or when an admission in a public document or private handwritten instrument is made by
the father

Provided that the father has the right to institute an action before the regular courts to prove
non-filiation during his lifetime.

6. If the biological father of a child (not married to the mother) filed a petition for the voluntary
recognition of his illegitimate child as his, and this is approved by the court, does the child
now need to file a petition for change of name to be allowed to use the surname of his
father? (see- Leon Santos v. Judge Tria-Tirona, CA-GR No. 35452-SP, Jan. 27, 1995; Differ
this case with the decision in Mossessgeld v. CA, 300 SCRA 464 ref: p. 277 Pineda, Vol. 1,
2010 ed.)

The Courts decision in Mossessgeld case is that even if the father admits paternity, Article 176
of the Family Code will prevail. It says that illegitimate children shall use the surname and
shall be under the parental authority of their mother, and shall be entitled to support in
conformity with this Code.

Consequently, the Local Civil Registrar correctly refused to register the certificate of live birth
of petitioners illegitimate child using the surname of the alleged father, even with the latters
consent. Of course, the putative father, though a much married man, may legally adopt his
own illegitimate child. In case of adoption, the child shall be considered a legitimate child of the
adopter, entitled to use his surname.
 Mandamus will not lie to compel the local civil registrar to register the certificate of live birth of
an illegitimate child using the fathers surname, even with the consent of the latter. Mandamus
does not lie to compel the performance of an act prohibited by law.

7. Can the adoption and change of name be joined in a single proceeding? (Republic v.
Hernandez, 253 SCRA 509)

In Republic vs Hernandez:
A petition for change of name being a proceeding in rem, strict compliance with all the
requirements therefor is indispensable in order to vest the court with jurisdiction for its
adjudication. It is an independent and discrete special proceeding, in and by itself,
governed by its own set of rules. A fortiori, it cannot be granted by means of any other
proceeding. To consider it as a mere incident or an offshoot of another special proceeding
would be to denigrate its role and significance as the appropriate remedy available under our
remedial law system.

A petition for adoption and a petition for change of name are two special proceedings which,
in substance and purpose, are different from each other. Each action is individually
governed by particular sets of laws and rules. These two proceedings involve disparate issues.
In a petition for adoption, the court is called upon to evaluate the proposed adopters
fitness and qualifications to bring up and educate the adoptee properly (Prasnick vs.
Republic, 99 Phil. 665). On the other hand, in a petition for change of name, no family
relations are created or affected for what is looked into is the propriety and
reasonableness of the grounds supporting the proposed change of name (Yu vs.
Republic, 17 SCRA 253).

8. Whose surname shall be used primarily by a child conceived before the annulment of a
voidable marriage?

According to Article 369 of the Civil Code: Children conceived before the decree annulling a
voidable marriage shall principally use the surname of the father.

9. If a woman gets married, what are her options with regard to the use of her husbands
surname? (Art. 370; Remo v. Sec. of Foreign Affairs, GR No. 169202, March 5, 2010; Yasin v.
Judge, Sharia District Court, 241 SCRA 606)

Article 370 of the Civil Code says that:

A married woman may use:
(1) Her maiden first name and surname and add her husbands surname, or
(2) Her maiden first name and her husbands surname, or
(3) Her husbands full name, but prefixing a word indicating that she is his wife, such as Mrs.

In Remo vs. Sec of Foreign Affairs, a married woman has an option but not a duty to use the surname
of the husband in any of the ways provided using her maiden name once she is married because when
a woman marries, she does not change her name but only her civil status.

However, in her case that she opted to adopt her husbands surname in her passport, she may not
revert to the use of her maiden name, except in the cases enumerated in Sec. 5 (d) of RA 8239. These
instances are:

(1) death of the husband;

(2) divorce;
(3) annulment;
(4) nullity of marriage.

Since petitioners marriage to her husband persists, she may not resume her maiden name in the
replacement passport. Otherwise stated, a married womans reversion to the use of her maiden name
must be based only on the severance of marriage.
 In Yasin vs Judge, Sharia District Court, where the petitioner prayed that she be allowed to resume the
use of her maiden name in view of the dissolution of her marriage to Hadji Idris Yasin by virtue of a
decree of divorce granted in accordance with Muslim law, she was granted the right to do so because it
is not obligatory for her to use her former husbands name, but only optional. And there is no need for
the widow or the divorcee to seek judicial confirmation of the change in her civil status in order to
revert to her maiden name.

10. Can a married woman validly opt continue using her own maiden and family name despite
married?

Yes, it she is not obliged to use her husbands surname. In fact, she can opt to use her maiden
name or follow any of the names in Article 370.

11. Is the use of the husbands surname exclusive to the wife and excludes other women from
using the same? (see: Silva v. Peralta, 110 Phil. 571 vs. the case of Tolentino v. CA, 162
SCRA 66)

The right of the wife to use the husbands surname is exclusive in the sense that another
woman should not misrepresent herself as the wife by using the husbands name with the
prefix Mrs. (Silva vs Peralta, 1960)

Meanwhile, in Tolentino vs CA, the petition for review on certiorari isn whether or not a woman
who has been legally divorced from her husband may be enjoined by the latters present wife
from using the surname of her former husband.

Since there are no provisions for divorce in Philippine laws, consequently the use of surnames
by a divorced wife is not provided for. The Court held that it is but just and equitable to leave
things as they are, there being no legal injury to the petitioner save a deep hurt to her feelings
which is not a basis for injunctive relief.

12. What are the rules as to the use of her husbands surname when the marriage is annulled?
(See: Art. 371)

Article 371 provides that:

In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden
name, and surname.

If she is the innocent spouse, she may resume her maiden name and surname. However, she
may choose to continue employing her former husbands surname, unless:

(1) The court decrees otherwise, or

(2) She or the former husband is married again to another person.

13. What is the rule as to the use of herhusbands surname once the wife is legally separated from
her husband? Is the guilt or innocence of the wife in legal separation materialin the use of the
husbands surname, as it is in annulment of marriage? (See: Art. 372; Laperal v. RP, 6 SCRA
357)

In case of legal separation, Article 372 says that the wife shall continue using her name and
surname employed before the legal separation.

In Laperal vs Republic, the change of name was not granted to the petitioner on the following
grounds:
(1) Firstly, The Rules of Court on change of name in general cannot prevail over the
specific provisions or Art 372 which specifically deals with the wives who are legally
separated.
(2) Secondly, Even under Rule 103, the fact of legal separation alone does NOT justify
a change of name, otherwise, Art 372 can easily be circumvented.
 (3) Thirdly, The decree of legal separation had already dissolved the conjugal
partnership which previously existed.

14. What are the options of the wife regarding the use of the surname of her husband after his
death? (Art. 373)

Art 373 provides that a widow may use the deceased husbands surname as though he were
still living , in accordance with Art 370.

Article 370 of the Civil Code says that:

A married woman may use:
(1) Her maiden first name and surname and add her husbands surname, or
(2) Her maiden first name and her husbands surname, or
(3) Her husbands full name, but prefixing a word indicating that she is his wife, such as Mrs.

15. Can a person change his/her First name or Nickname? If so, on what ground/s? (See Art.
376; Haw Liong v. RP, 16 SCRA 677; Silverio v. RP 537 SCRA 373)

The General Rule is No person can change his name or surname without judicial authority.

Section 4 of RA 9048 provides the reasonable causes for the change of name/nicknames:

SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first
name or nickname may be allowed in any of the following cases:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by
the petitioner and he has been publicly known by that by that first name or
nickname in the community: or
3. The change will avoid confusion.

In the case of Haw Liong vs Republic, the Court denied his petition for a change of name
because there is no proper or compelling reason that may justify the change of under any of
the cases above adverted to.

As was disclosed in his cross examination, that in his business dealings with other people he
always signed as Haw Liong and never used the name Alfonso Lantin; that he came to be
called Alfonso by his friends only when during the Japanese occupation his Filipino friends
asked him how he was called and he told them that his name was Alfonso, and since then they
started calling him by that name; and that he is known in Tacloban City as Haw Liong and has
not contracted with any person under the name of Alfonso Lantin.

In Silverio vs Republic, the Supreme Court ruled that a male person, who had a surgcical
sexual reassignment where she became biologically a woman cannot use that ground as
reason to change his name from Rommel to Mely as a persons sex is immutable from birth.

16. What are the legally acceptable grounds for a JUDICIAL petition for change of SURNAME?
How is it different from mere change of first name of nickname?
See: Yu v. RP, 17 SCRA 253; Yap Ek Siu v. RP, 27 SCRA 1114; RP v. CA, 209 SCRA 189;
Oan v RP, 102 Phil. 470; RP v. Marcos, 182 SCRA 223; RP v. Capote 514 SCRA 76

The following are justifiable causes that may justify a judicial petition for a change of surname:

(1) When the name is ridiculous, tainted with dishonor, or is extremely difficult to write or
pronounce;
(2) When the request for a change is a consequence of a change of status, as when a natural
child is acknowledged or legitimated;
 (3) When the change is necessary to avoid confusion (not a confusion caused by petitioners
own use of an unauthorized alias).
(4) A sincere desire to adopt a Filipino name to erase signs of a former alien nationality
provided there is no prejudice to the State or to any individual.

Although Rule 103 refers to change of name it should refer to surname in view of the
fact that change of name is now governed by RA 9048.

17. What is the amendment to Art. 376 effected by RA No. 9048 re clerical or typographical error?

RA amends Article 376 and allows the correction of clerical or typographical errors in any
entry in civil registry documents, except corrections involving the change in sex, age,
nationality and status of a person.

(A clerical or typographical error refers to an obvious mistake committed in clerical work, either
in writing, copying, transcribing, or typing an entry in the civil register that is harmless and
innocuous, such as a misspelled name or misspelled place of birth and the like, and can be
corrected or changed only by reference to other existing record or records.)

18. What is the legal recourse against a person who usurps the name and surname, or only the
surname of another? (Art. 377, 378)

According to Article 377 and 378, a person who usurps the name and surname or only the
surname of another, may be subject to an action for damages and other relief.

The owner of the name may recover damages, actual as well as moral, from the usurper, and
may restrain the latter from the further use of the name.

19. Is the use of pen names or stage name permitted by law? What are its limitations? (Art. 379)
Or: Are pen names or stage names also protected by law? (id) When should it be protected?

The use of pen names or stage names is permitted by law provided that it is done in good faith
and there is no injury to third persons.

A pen name or a stage name is protected only when it is well known as the designation of a
particular writer or artist, such that it can be considered practically indicating his person in the
field of activity where it is used. (Tolentino, 681)

20. Is a person allowed to use different names and surnames a gen. rule? Exception? (Art. 380)
o See Anti-Alias Law (CA No. 142); Chang v. RP, 123 Phil. 529; Tan v. RP, 114 Phil. 1070;
People v. Uy Sui Po, 102 Phil. 679.

As a general rule, no person shall use different names and surnames (Art 380). The
exception is expressed in the preceding Article (Art 379).

Moreover, CA No. 142 or the Anti-Alias Lawpenalizes any person who shall use any name
different from the one with which he was registered at birth in the office of the local civil
registry, or with which he was baptized for the first time, or with which he was
registered in the Bureau of Immigration, or such substitute name as may have been
authorized by a competent court.

Sec. 5 of the said law says, Any violation of this Act shall be punished with
imprisonment of from one year to five years and a fine of P5,000 to P10,000.

References:
1. Pineda, Vol. 1, 2010 Ed., pp. 273-298
2. Sta. Maria, 2015, pp. 971-988