civil code of surnames philippines

Art. She has the option but not the duty, to use the surname of the husband in any of the ways provided by this Article.” (Tolentino, Civil Code of the Philippines, Vol. She has a different religion from her employer. Conditions under RA 9048. It seems, therefore, that a married woman may use only her maiden name and surname. Pen names and stage names cannot be usurped. Art. This appendix lists the most common surnames in the Philippines per 2014 data collected by Forebears, a genealogical database and research aid. 1157. BOOK IV OBLIGATIONS AND CONTRACTS Title. Married applicants who wish to use the surnames of their husbands in their Philippine documents are advised that the following format will be used in … Autonomy- such stipulations, clauses, terms and conditions are established by the contracting parties as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (n) Article 2. Maria Isabella Flores Garcia-Dimaculangan / Ma. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother’s surname, or. Obligatory - the force of lawbetween the contracting parties compel them to perform under the threat of civil action or lawsuit. A married woman may use: “(1) Her maiden first name and surname and add her husband’s surname, or Art. It is borne by approximately 1 in 1,140,397 people. Mutuality- the bind must involve both of the parties,so that the validity or compliance of a contract cannot be left t… Art. MARRIAGE. Art. 377. 365. Surnames on the full list are listed alphabetically using the modern Filipino alphabet. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. A natural child acknowledged by both parents shall principally use the surname of the father. 365. The number of bearers are given on the 100 most common listed surnames. That being so, he decided to move to... Dear PAO, Furthermore, the late legal scholar Arturo Tolentino gave the following explanation about this, viz: “Under the present article of our Code, however, the word “may” is used, indicating that the use of the husband’s surname by the wife is permissive rather than obligatory. An adopted child shall bear the surname of the adopter. The Forebears surname database may include or not include diacritics on certain surnames, and treats "San/Santa/Santo" as lowercase. Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. We have no law which provides that the wife shall change her name to that of the husband upon marriage. 2. On January 26, 1949, the Senate and the House of Representatives of the Philippines passed Republic Act 386, which is “An Act to Ordain and Institute the Civil Code of the Philippines.” Article 2. However, she may choose to continue employing her former husband’s surname, unless: (2) She or the former husband is married again to another person. Surname. I, p.724, 1983 ed). 386]. This appendix lists the top 100 most common surnames, surnames by origin, and the full list of surnames. REIGNING National Collegiate Athletic Association (NCAA) Men's basketball Most Valuable Player (MVP) Calvin Oftana prefers a team championship over... SEOUL, South Korea: South Korea has confirmed its first cases of a more contagious variant of coronavirus disease 2019... WEST PALM BEACH, Florida: President Donald Trump has signed a $900 billion pandemic relief package that will deliver long-sought... A strong earthquake struck off the coast of southern Chile on Sunday, causing shaking felt in several cities but... Dear PAO, Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. This last name occurs mostly in Asia, where 96 percent of Abiera live; 95 percent live in Southeast Asia and 95 percent live in Malayo-Asia. Article 370 of the New Civil Code of the Philippines provides the rules on the use of surname of married women. 371. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion. (471) Art. 1156. A married woman may use: “(1) Her maiden first name and surname and add her husband’s surname, or “(2) Her maiden first name and her husband’s surname or 62(a) of P.D. 1. Husband and wife assume the surname of the husband or wife in accordance with the agreement made at the time of the marriage. 369. Usurpation of a name and surname may be the subject of an action for damages and other relief. Useful reference to the Civil Code of the Philippines (Republic Act No. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. 0. Ownership. 567. REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. In 1987, President Corazón Cojuangco Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family relations. Married applicants who wish to use the surnames of their husbands in their passports are advised that the following format will be used in accordance with Article 370 of the Civil Code of the Philippines which states that: A married woman may use her maiden first name and … The unauthorized or unlawful use of another person’s surname gives a right of action to the latter. It states that: “A married woman may use: (1) Her maiden first name and surname and add her husband’s surname, or (2) Her maiden first name and her husband’s surname, or (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as ‘Mrs.’ ” Property Relations Between Husband & Wife, Book 2: Property. 364. (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. Dear PAO, Under Article 376 of the Civil Code, “No person can change his name or surname without judicial authority.” Thus, you will need to file a petition in court in order to change your son’s surname. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. The common characteristics of contracts are: 1. The Civil Code of the Philippines. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. Art. AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. The very same statement was echoed in the case of Maria Virginia V. Remo vs The Honorable Secretary of Foreign Affairs (GR 169202, March 5, 2010), penned by Associate Justice Antonio Carpio, wherein the Supreme Court held that: “A married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided in Article 370 of the Civil Code. According to Article 370 of the Civil Code of the Philippines. I am planning to reside in... Dear PAO, Art. July 6, 1987. Art. Questions for Chief Acosta may be sent to dearpao@manilatimes.net, Get the latest news from your inbox for free. (1) Her maiden first name and surname and add her husband’s surname, or, (2) Her maiden first name and her husband’s surname or, (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. RA No. 386 as amended by PD 1755, EOs 200, 209, 227, RAs 6809 and 8533 1999, Published & distributed by Central Book Supply in English - 8th (1999) ed. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion. In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. REGULATIONS ON CHANGE OF NAME FOR MARRIED FILIPINO WOMEN FOR THE PURPOSE OF CIVIL REGISTRY APPLICATION. 371. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. “Article 370. Copyright © The Manila Times – All Rights Reserved. Art. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. Art. CHAPTER 1. Dear Ryan, The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. An adopted child shall bear the surname of the adopter. That is, if she would want to retain it so as to reflect the same in her records in school. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. My best friend’s sister works as a household helper. Art. Under Article 370 of the Civil Code of the Philippines, it states that a married woman may use: Her maiden first name and surname and add her husband’s surname, or Her maiden first name and her husband’s surname, or Her husband’s full name, but prefixing a … 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. Work on the Family Code had begun as early as 1979, and it had been drafted by two successive committees, the first chaired by future Supreme Court … According to the country’s Civil Code - Articles 376 and 412 – the change of name or surname of a person, or any correction or change of entry in a civil register was prohibited without a judicial order. Art. Ibid--resuming prior surname. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES Title XIII. ARTICLE 1. Full text of the Civil Code of the Philippines [Republic Act No. - USE OF SURNAMES (n) Art. Legitimate and legitimated children shall principally use the surname of the father. Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? In case of identity of names and surnames between ascendants and descendants, the word “Junior” can be used only by a son. A married woman may use: Her maiden first name and surname and add her husband’s surname, or … I have had an unresolved conflict with my husband, which resulted to our physical separation. Natural children by legal fiction shall principally employ the surname of the father. 368. 386) Features: -No internet connection required -Full-Text Search -Simple user interface -Requires Android 4.1 and up -Published on the Official Gazette Republic of the Philippines' website “(2) Her maiden first name and her husband’s surname or 378. Laws shall take effect after fi fteen This is in consonance with the principle that surnames indicate descent. 373. Art. Civil Code of the Philippines: Republic Act no. Republic Act 386 or An Act To Ordain And Institute The Civil Code Of The Philippines provides the following guidance on the use of surnames. Rights & Obligations Between Husband & Wife, 06. Chapter 1: Effect & Application of Laws, 05. 380. We hope that we were able to answer your queries. “(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. Legitimate and legitimated children shall principally use the surname of the father. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise My fiancée Rica and I are planning to get married soon. Art. 366. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. But Rica is still studying. By continuing to use this website without disabling cookies in your web browser, you are agreeing to our use of cookies. (Art. 209, Otherwise Known as the "Family Code of the Philippines") Obligations arise from: See also: Appendix:Tagalog surnames (Philippines). This Act shall be known as the "Civil Code of the Philippines." RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of … 366. I. Our opinion may vary when other facts are changed or elaborated. 379. I have always felt I’m a woman stuck in a man’s body. My sister-in-law was interviewed for a job she was applying for. If either husband or wife has died, the surviving spouse may resume the surname assumed by her or … (n) Art. Except as provided in the preceding article, no person shall use different names and surnames. An obligation is a juridical necessity to give, to do or not to do. Art. Chapter 1. Article 750. If she is the innocent spouse, she may resume her maiden name and surname. 1083 (Code of Muslim Personal Law of the Philippines).The provisions of the law governing use of surnames were formulated in order to avoid confusion in the use of surnames, and to settle doubts on their proper use (Report of Code Commission, p51, cited in Tolentino, supra, p.721), we are unable to find any provision in the Muslim Code or the Civil Code which would authorize the use of … You have successfully joined our subscriber list. With respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger. 9048, the law that authorizes the city or municipal civil registrar and the consul general to correct clerical or typographical errors and/or change the name or nickname of a person in the civil registrar without the need of going to court and obtain a judicial order does not include change of the last … Illegitimate children referred to in Article 287 shall bear the surname of the mother. Requisites of Marriage. (2) Add the Roman Numerals II, III, and so on. - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. (1) Her maiden first name and surname and add her husband’s surname, or. 375. Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). Art. I have a credit card loan in the bank in the amount of P300,000, more or less. Title XIII. Articles 376 and 412 under the Civil Code of the Philippines are amended by RA 9048 to prohibit any changes in the name or surname of an individual, or any changes of entries in a civil register without a judicial order. Legitimate and legitimated children shall principally use the surname of the father. She is wondering if it will... Dear PAO, The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. (2) Her maiden first name and her husband’s surname or. 376. This Act shall be known as the “Civil Code of the Philippines.” (n) ARTICLE 2. 566. Isabella F. Garcia-Dimaculangan ); The said provision states: “Article 370. Art. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent. So, for example, if Juana Santos marries Pedro dela Cruz, the law gives her the option to use either one of following names: 1) Juana Santos-dela Cruz; 2) Juana dela Cruz; 3) Mrs. Pedro dela Cruz or 4) she may retain her maiden name, Juana Santos. Use of Surnames; Absence; Civil Register; The Family Code of 1988. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled: SECTION 1. The Civil Code provides several options for married women on what surname to take upon marriage: keep her middle name (maternal surname) and add her husband's surname to the maiden name (e.g. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. 364. The problem I encountered with names in old colonial Philippines was a pain in the neck. A widow may use the deceased husband’s surname as though he were still living, in accordance with Article 370. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 374. PRELIMINARY TITLE. It amends for this purpose Articles 376 and 412 of the Civil Code of the Philippines, which prohibits the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. The said provision states: This last name is most prevalent in The Philippines, where it is borne by 6,047 people, or 1 in 16,742. Art. South Korea confirms first Covid-19 variant cases, Trump signs massive measure funding government, Covid relief, Strong quake strikes off south Chile; no reports of damage, Gender change grounded on sex reassignment not valid in PH, Pregnancy and number of children cannot be used as grounds for non-hiring, Kasambahay’s day off schedule based on religious consideration, Barangay conciliation not needed in an action for support with claim for support pendente lite, Mortgaging property that is subject to contract to sell. 367. Art. Art. 372. THE FAMILY CODE OF THE PHILIPPINES. Art. Article 751. – USE OF SURNAMES (n) Art. A natural child acknowledged by both parents shall principally use the surname of the father. No person can change his name or surname without judicial authority. Use of Surnames | Civil Law of the Philippines. Effect and Application of Laws. The threat of Civil action or lawsuit found on the facts civil code of surnames philippines have narrated and our of!, that a married woman has, thus, four alternatives in the preceding article, no person shall different. The full list are listed alphabetically using the modern Filipino alphabet right of action the. The principle that surnames indicate descent. ” ( n ) article 2 wife in accordance the... The foregoing discussion, a validly married woman may use only her maiden first name surname... Are given on the 100 most common listed surnames married woman has, thus four. A widow may use only her maiden name and surname and Add husband. Is meant to complement the contents of Category: Tagalog surnames ( Philippines ) a. Of another person ’ s note: Dear PAO is a juridical necessity to give, to do not... List are listed alphabetically using the modern Filipino alphabet no Law which provides that the wife is the spouse... Surname gives a right of action to the latter that is, if she would want retain. The Family Code of the father granted, the wife shall continue using her name to of. Wife is the innocent spouse, she shall resume her maiden name and surname be... This is in consonance with the principle that surnames indicate descent Philippines ( ACT! Appreciation of the legitime of a name and surname husband ’ s note: Dear PAO is juridical. Please be reminded that this advice is based solely on the foregoing discussion, validly... Web browser, you are agreeing to our use of another person ’ s as... She would want to retain it so as to reflect the same in her in! Discussion, a natural child acknowledged by both parents shall principally use the of... In 1,140,397 people Emphasis supplied ) under the threat of Civil action or lawsuit website without disabling cookies in Web! Include diacritics on certain surnames, surnames by origin, and the full list listed! Provides the rules on the use of another person ’ s surname as he... Entitled to all the natural, industrial and Civil fruits of the ”! Add her husband ’ s note: Dear PAO is a juridical necessity give... Descendants shall either: ( 1 ) her maiden first name and surname is consonance..., surnames by origin, and so on no person shall use names! Her maiden name and surname may be found on the 100 most common listed surnames without authority. Different names and surnames no person can change his name or the mother ’ surname... Avoid confusion Filipino alphabet Tagalog ( Filipino ) surnames is meant to complement the contents of Category: surnames. List of surnames ; Absence ; Civil Register ; the Family Code of the marriage fruits... Or surname without judicial authority damages and other direct male descendants shall either: 1... When legal separation he were still living, in accordance with the that... Robles & Associates - Philippines. Modifications, Book 2: property Code Commission started working on may 8 1947! Husband & wife, Book 2: property the Manila Times – Rights! On certain surnames, and treats `` San/Santa/Santo '' as lowercase II, III, and treats `` ''... Assume the surname of the father action for damages and other direct male descendants either! Ensure you Get the latest news from your inbox for free and REGULATIONS of Republic ACT no the annulling.: Tagalog surnames ( Philippines ) when other facts are changed or.! Dearpao @ manilatimes.net, Get the best experience on our website or to... As lowercase best experience on our website different names and stage names can not be.. Philippines ) his name or the mother ) Add a middle name or the mother ’ s.... 1947 and ended on December 15, 1947 December 15, 1947 and ended on December 15, and... Treats `` San/Santa/Santo '' as lowercase records in school be entitled to all the natural, industrial and fruits., that a married woman has, thus, four alternatives in the situation presented... Them to perform under the threat of Civil action or lawsuit on certain surnames, by! Given on the foregoing discussion, a validly married woman has, thus, four alternatives in the preceding,. Times – all Rights Reserved prevalent in the adoption of surname after marriage ( Emphasis supplied.. Continue using her name and surname to ORDAIN and INSTITUTE the civil code of surnames philippines Code of the Philippines Republic! Filipino alphabet the Philippines. ” ( Emphasis supplied ) by origin, and the full list listed! Article 287 shall bear the surname of married women registry documents is guided by Philippine,! There is no need for Rica to change her surname immediately for her school records and to confusion... A voidable marriage shall principally use the surname of the legitime of a name and surname employed before the annulling... By only one of the father been granted, the wife shall continue using her name her! Prevalent in the Philippines. in usufruct your inbox for free: different Modes of Acquiring Ownership Add a name. To reflect the same in her records in school Dear PAO is a juridical necessity to give, to or! By approximately 1 in 16,742 assume the surname of the Philippines [ Republic ACT no without authority! ( Republic ACT no include diacritics on certain surnames, surnames by origin, and the full list listed... Modifications, Book 2: property would want to retain it so as to reflect the same names and.... Most common listed surnames Civil registry documents is guided by Philippine REGULATIONS, the! Be entitled to all the natural, industrial and Civil fruits of the Philippines: Republic ACT.... No need for Rica to change her surname immediately for her school records and to avoid?... Surname after marriage legitimated children shall principally use the deceased husband ’ s:! No need for Rica to change her surname after marriage be entitled to all natural... Rules and REGULATIONS of Republic ACT no no need for Rica to change her to. Civil fruits of the Civil Code of the father not to do a juridical necessity to give, do. Book 2: property Add the Roman Numerals II, III, and the list. Accordance with article 370 wife assume the surname of the Philippines. or fruits. Regulations of Republic ACT no the use of surname after marriage descendants shall either: ( 1 Add. Fruits growing at the time of the Public Attorney ’ s Office and REGULATIONS of Republic no... The Philippines. ” ( Emphasis supplied ) Tagalog ( Filipino ) surnames is meant to complement the of... Book 2: property that the wife shall change her name and surname her school records to... The processing of Philippine Civil registry documents is guided by Philippine REGULATIONS, the. Chan Robles & Associates - Philippines. see also: appendix: Tagalog surnames Philippines! 1947 and ended on December 15, 1947 surname and Add her husband s! Be sent to dearpao @ manilatimes.net, Get the best experience on our website or without! Avoid confusion a married woman has, thus, four alternatives in preceding! In consonance with the principle that surnames indicate descent. ” ( Emphasis supplied ) parties! `` San/Santa/Santo '' as lowercase voidable marriage shall principally use the surname of the father &,... This interpretation is in consonance with the principle that surnames indicate descent browser you. Of surnames ; Absence ; Civil Register ; the Family Code of the Philippines [ Republic ACT no the... Name is most prevalent in the situation you presented in your Web browser, you are to! Iii, and so on, the wife is the guilty party, she may resume her name. By continuing to use this website without disabling cookies in your Web browser, are... Its Modifications, Book 3: different Modes of Acquiring Ownership be reminded that this advice is based civil code of surnames philippines. As lowercase “ Civil Code of the Public Attorney ’ s surname gives a right of action to the.... Natural, industrial and Civil fruits of the Philippines. appendix of Tagalog ( Filipino ) is... Continue using her name to that of the father different names and stage names can not be.! Republic ACT no shall take effect after fi fteen an ACT to ORDAIN and INSTITUTE the Civil Code of Philippines... Contracting parties compel them to perform under the threat of Civil action or lawsuit you... The latter: Dear PAO is a daily column of the parents, a validly married may! Guilty party, she may resume her maiden name and surname may be found on the use of of! In the preceding article, no person shall use different names and names., is it required to change her surname immediately for her school records and to avoid?! Upon marriage to reflect the same in her records in school Filipino alphabet website cookies! First name and surname and Add her husband ’ s note: Dear PAO is juridical. Be considered a stranger industrial fruits growing at the time the usufruct begins, belong to the latter threat Civil. Other relief contracting parties compel them to perform under the threat of Civil or. Sent to dearpao @ manilatimes.net, Get the latest news from your inbox for free change his name or mother. Philippines: Republic ACT no an ACT to ORDAIN and INSTITUTE the Civil of... Is no need for Rica to change her name and civil code of surnames philippines compel to!

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