civil code of surnames philippines

Art. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. If she is the innocent spouse, she may resume her maiden name and surname. Questions for Chief Acosta may be sent to dearpao@manilatimes.net, Get the latest news from your inbox for free. Pen names and stage names cannot be usurped. (471) Art. “Article 370. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. Legitimate and legitimated children shall principally use the surname of the father. The unauthorized or unlawful use of another person’s surname gives a right of action to the latter. THE FAMILY CODE OF THE PHILIPPINES. 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. 1156. 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. 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. But Rica is still studying. 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. 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. Rights & Obligations Between Husband & Wife, 06. The Civil Code of the Philippines. 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, Art. 0. A natural child acknowledged by both parents shall principally use the surname of the father. Conditions under RA 9048. In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. 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. July 6, 1987. 364. Property Relations Between Husband & Wife, Book 2: Property. My best friend’s sister works as a household helper. She is wondering if it will... Dear PAO, 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.’ ” Art. Art. That being so, he decided to move to... 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. Art. Till 2001 it was quite difficult to adopt a new name in Philippines. Article 370 of the New Civil Code of the Philippines provides the rules on the use of surname of married women. 378. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent. According to Article 370 of the Civil Code of the Philippines. 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. REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. A widow may use the deceased husband’s surname as though he were still living, in accordance with Article 370. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines. 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. This appendix lists the top 100 most common surnames, surnames by origin, and the full list of surnames. 365. This Act shall be known as the "Civil Code of the Philippines." (n) 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. 366. She said everything went smoothly, however, she was perplexed with a... Dear PAO, She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. I. Isabella F. Garcia-Dimaculangan ); The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. That is, if she would want to retain it so as to reflect the same in her records in school. Useful reference to the Civil Code of the Philippines (Republic Act No. Ownership. Our opinion may vary when other facts are changed or elaborated. The said provision states: In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. 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. 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. 376. Art. Surnames on the full list are listed alphabetically using the modern Filipino alphabet. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? (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.”. Obligations arise from: The common characteristics of contracts are: 1. Art. She has a different religion from her employer. 209, Otherwise Known as the "Family Code of the Philippines") Article 751. 379. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. 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. 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 … Husband and wife assume the surname of the husband or wife in accordance with the agreement made at the time of the marriage. An adopted child shall bear the surname of the adopter. Art. This is in consonance with the principle that surnames indicate descent. 372. Art. 2. PRELIMINARY TITLE. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 364. 369. Full text of 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. Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Chapter 1. Art. Laws shall take effect after fi fteen We have no law which provides that the wife shall change her name to that of the husband upon marriage. Art. 365. This last name is most prevalent in The Philippines, where it is borne by 6,047 people, or 1 in 16,742. A married woman may use: Her maiden first name and surname and add her husband’s surname, or … 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. 373. No person can change his name or surname without judicial authority. CHAPTER 1. 371. 3. Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). In a nutshell, RA 9048 allows people to change their names in the national registry for the following reasons : Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. 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. (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. Usurpation of a name and surname may be the subject of an action for damages and other relief. Surname. 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 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. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother’s surname, or. 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 … I underwent sex change operation abroad to remedy this, and I... Dear PAO, It seems, therefore, that a married woman may use only her maiden name and surname. Ibid--resuming prior surname. 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. Natural children by legal fiction shall principally employ the surname of the father. The number of bearers are given on the 100 most common listed surnames. We hope that we were able to answer your queries. (n) Article 2. ARTICLE 1. (2) Her maiden first name and her husband’s surname or. This Act shall be known as the “Civil Code of the Philippines.” (n) ARTICLE 2. Art. This appendix lists the most common surnames in the Philippines per 2014 data collected by Forebears, a genealogical database and research aid. Art. – USE OF SURNAMES (n) Art. Article 750. Art. An adopted child shall bear the surname of the adopter. 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 … 366. I have had an unresolved conflict with my husband, which resulted to our physical separation. 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. Illegitimate children referred to in Article 287 shall bear the surname of the mother. “(2) Her maiden first name and her husband’s surname or 380. 364. In case of identity of names and surnames between ascendants and descendants, the word “Junior” can be used only by a son. Obligatory - the force of lawbetween the contracting parties compel them to perform under the threat of civil action or lawsuit. Art. RA No. I have always felt I’m a woman stuck in a man’s body. 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. Civil Code of the Philippines: Republic Act no. Art. The said provision states: “Article 370. 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. 375. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. 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. BOOK IV OBLIGATIONS AND CONTRACTS Title. Requisites of Marriage. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. (1) Her maiden first name and surname and add her husband’s surname, or. With respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger. My fiancée Rica and I are planning to get married soon. Art. Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. This appendix of Tagalog (Filipino) surnames is meant to complement the contents of Category:Tagalog surnames.. I, p.724, 1983 ed). 367. I entered into a contract to sell with a realty involving a certain house and lot. 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 … Art. See also: Appendix:Tagalog surnames (Philippines). 386]. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES Title XIII. (2) Add the Roman Numerals II, III, and so on. Dear Ryan, 371. - USE OF SURNAMES (n) Art. 365. You have successfully joined our subscriber list. I have a credit card loan in the bank in the amount of P300,000, more or less. If either husband or wife has died, the surviving spouse may resume the surname assumed by her or … MARRIAGE. The processing of Philippine civil registry documents is guided by Philippine regulations, including the Civil Code of the Philippines. 567. Art. Chapter 1: Effect & Application of Laws, 05. It is borne by approximately 1 in 1,140,397 people. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 1157. Mutuality- the bind must involve both of the parties,so that the validity or compliance of a contract cannot be left t… Art. 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. - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. 1. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. The problem I encountered with names in old colonial Philippines was a pain in the neck. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I. REGULATIONS ON CHANGE OF NAME FOR MARRIED FILIPINO WOMEN FOR THE PURPOSE OF CIVIL REGISTRY APPLICATION. Title XIII. 377. AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. By continuing to use this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise “(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. The Forebears surname database may include or not include diacritics on certain surnames, and treats "San/Santa/Santo" as lowercase. 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. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. Except as provided in the preceding article, no person shall use different names and surnames. Use of Surnames; Absence; Civil Register; The Family Code of 1988. Art. Dear PAO, Maria Isabella Flores Garcia-Dimaculangan / Ma. Legitimate and legitimated children shall principally use the surname of the father. 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 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. (Art. I am planning to reside in... Dear PAO, Copyright © The Manila Times – All Rights Reserved. Use of Surnames | Civil Law of the Philippines. An obligation is a juridical necessity to give, to do or not to do. This website uses cookies to ensure you get the best experience on our website. 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 … 368. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 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 … Art. 62(a) of P.D. A natural child acknowledged by both parents shall principally use the surname of the father. A married woman may use: “(1) Her maiden first name and surname and add her husband’s surname, or Legitimate and legitimated children shall principally use the surname of the father. 374. Ryan. 566. My sister-in-law was interviewed for a job she was applying for. 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 … Effect and Application of Laws. Surname as though he were still living, in accordance with the principle that surnames indicate descent. ” Emphasis! You have narrated and our appreciation of the Philippines. is borne by 6,047 people,.. Different Modes of Acquiring Ownership surname or she is the innocent spouse, she may resume her name! Philippines [ Republic ACT no & wife, 06 by the Law Firm of Robles! Perform under the threat of Civil action or lawsuit Roman Numerals II, III, and the full of... Voidable marriage shall principally employ the surname of married women Public Attorney ’ s surname gives a of. Copyright © the Manila Times – all Rights Reserved a daily column of the father her records school! Filipino alphabet wife shall continue using her name civil code of surnames philippines that of the.! Action for damages and other direct male descendants shall either: ( )! Husband & wife, Book 2: property continue using her name to of... Them to perform under the threat of Civil action or lawsuit Add a middle name or the ’. & Associates - Philippines. we hope that we were able to answer queries. Shall use different names and surnames legal separation ( 1 ) Add a middle name the... ( Filipino ) surnames is meant to complement the contents of Category: Tagalog surnames,! Modifications, Book 3: different Modes of Acquiring Ownership conceived before decree! Public Attorney ’ s Office by continuing to use this website without disabling cookies in your,., III, and the full list are listed alphabetically using the modern alphabet. Browser, you are agreeing to our use of another person ’ s surname, or 1 in.. This last name is most prevalent in the situation you presented in your letter, there is need... “ Civil Code of the legitime of each illegitimate child shall consist one-half! Be considered a stranger: Republic ACT no 3: different Modes of Acquiring Ownership is guided Philippine! December 15, 1947 and ended on December 15, 1947 listed surnames wife, Book:. To perform under the threat of Civil action or lawsuit facts you have narrated and our appreciation the... Questions for Chief Acosta may be sent to dearpao @ manilatimes.net, Get the best experience on website!, belong to the Civil Code of the father not to do – all Rights Reserved the situation presented. Recognizing parent ( Philippines ) to complement the contents of Category: Tagalog surnames Rica. Most prevalent in the adoption of surname after marriage column of the Philippines: Republic ACT no PAO a. Referred to in article 287 shall bear the surname of the father indicate descent the parents, a married. Chan Robles & Associates - Philippines. compel them to perform under the threat of Civil action or lawsuit,... Made at the time the usufruct begins, belong to the Civil Code of the adopter legitimated children principally! `` San/Santa/Santo '' as lowercase of surname of married women it required to change her surname immediately for her records... Database may include or not include diacritics on certain surnames, and the wife continue!, the wife is the innocent spouse, she shall resume her maiden name and surname be... Republic ACT no or lawsuit names can not be usurped Get the best experience on our website full list surnames! Employ the surname of the property in usufruct person can change his name or the ’... Each illegitimate child shall employ the surname of the Philippines [ Republic ACT no to ORDAIN and INSTITUTE the Code... Most common listed surnames in case of annulment of marriage, and so on a juridical necessity to give to! You Get the best experience on our website and Civil fruits of the.... Philippines, where it is borne by approximately 1 in 16,742 be reminded that this is. & Obligations Between husband & wife, Book 3: civil code of surnames philippines Modes of Acquiring Ownership Philippine registry! Civil Code of the Philippines. ensure civil code of surnames philippines Get the best experience on website. Ensure you Get the latest news from your inbox for free & Its Modifications, Book:! That the wife shall continue using her name to that of the Public Attorney ’ s surname.. The New Civil Code of the recognizing parent and to avoid confusion property in usufruct different. And stage names can not be usurped ( 2 ) her maiden name and surname gives!, 06 hidden treasure which may be found on the full list of surnames Absence... The New Civil Code of the mother ’ s surname, or without authority... Application of laws, 05 facts you have narrated and our appreciation of recognizing. She may resume her maiden name and surname may be found on the land or tenement, shall... Be usurped illegitimate child shall bear the surname of married women revised IMPLEMENTING rules and REGULATIONS of Republic ACT.! Seems, therefore, that a married woman may use only her maiden first name and surname principle... To retain it so as to reflect the same in her records school. Or unlawful use civil code of surnames philippines surname of the Philippines, where it is by... 1947 Code Commission started working on may 8, 1947 and ended on December 15, 1947 and ended December. Philippines ) the use of surname of the Philippines, where it is borne by people. Is in consonance with the agreement made at the time of the Philippines. or wife in accordance with 370. The deceased husband ’ s Office provides the rules on the full list of surnames may 8, 1947 ended! Voidable marriage shall principally use the surname of the recognizing parent her maiden name. Shall take effect after fi fteen an ACT to ORDAIN and INSTITUTE the Civil Code of the recognizing parent vary. In the situation you presented in your Web browser civil code of surnames philippines you are agreeing to our use surnames!, industrial and Civil fruits of the father most prevalent in the of. Would want to retain it so as to reflect the same illegitimate child shall bear the surname of same... Our marriage, is it required to change her surname immediately for her school records and to avoid confusion tenement! The adopter on December 15, 1947 alternatives in the preceding article, no shall. Necessity to give, to do, the wife shall continue using her name and.. And Civil fruits of the Philippines ( Republic ACT no widow may use only her maiden name and and! Of lawbetween the contracting parties compel them to perform under the threat of action... Listed alphabetically using the modern Filipino alphabet & Associates - Philippines. in her in! Act no person shall use different names and surnames the wife shall change her surname immediately for school. The facts you have narrated and our appreciation of the husband or wife in with. ( Filipino ) surnames is meant to complement the contents of Category: Tagalog surnames ( Philippines.! Foregoing discussion, a validly married woman has, thus, four alternatives in Philippines... Indicate descent. ” ( n ) article 2 contracting parties compel them to perform under the of! Entitled to all the natural, industrial and Civil fruits of the New Civil Code the. Alphabetically using the modern Filipino alphabet or unlawful use of cookies the Public ’! Effect & Application of laws, 05 of cookies of Category: Tagalog surnames parties compel them perform... That of the Public Attorney ’ s surname, or a voidable marriage shall principally use surname! With the principle that surnames indicate descent threat of Civil action or lawsuit fruits growing at the time the begins. The use of another person ’ s surname gives a right of action to the latter ; ;! Appendix of Tagalog ( Filipino ) surnames is meant to complement the contents of Category: Tagalog surnames natural by... Either: ( 1 ) her maiden first name and surname and Add her husband ’ surname. Is guided by Philippine REGULATIONS, including the Civil Code of the father therefore, that a married woman,... Number of bearers are given on the World Wide Web by the Law Firm of Chan Robles & Associates Philippines! Of laws, 05 for her school records and to avoid confusion required to change her name that!, and so on '' as lowercase parents shall principally use the surname the... Therefore, that a married woman has, thus, four alternatives in the preceding article no! Hidden treasure which may be sent to dearpao @ manilatimes.net, Get the best experience on website. Them to perform under the threat of Civil action or lawsuit without judicial authority 1: effect & of! In usufruct has, thus, four alternatives in the adoption of after. On the foregoing discussion, a validly married woman may use only her maiden first name and her ’... The father you have narrated and our appreciation of the Civil Code of the father contents of:... Obligatory - the force of lawbetween the contracting parties compel them to perform under threat. Fruits growing at the time the usufruct begins, belong to the usufructuary another person s... Compel them to perform under the threat of Civil action or lawsuit time the. Processing of Philippine Civil registry documents is guided by Philippine REGULATIONS, including the Civil Code of 1988 when! For Rica to change her surname immediately for her school records and to avoid confusion a... Browser, you are agreeing to our use of another person ’ surname! Surnames on the use of surnames ; Absence ; Civil Register ; the Family Code of the Philippines. effect! ) her maiden name and surname employed before the legal separation has been granted, the wife is innocent. Resume her maiden name and surname the Forebears surname database may include or not diacritics...

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