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Yasin V Judge Sharia
Yasin V Judge Sharia
Issues:
W/N a petition for resumption of maiden name and surname is also a petition for change
of name (especially in the context of dissolution of marriage under P.D. No. 1083)
Decision: Petition is granted; Hatima is authorized to resume her maiden name and
surname.
Held
The true and real name of a person is
that given to them and entered in the
civil register.
Ratio
With respect to NCC Art. 376, the only name that may
be changed is the true and official name in the civil
register (Ng Yao Siong v. Republic)
(Petitioners registered name is Hatima Centi y
Saul)
NCC: use of husbands name during marriage (NCC
Art. 370), after annulment (NCC Art. 371), & after
death of husband (NCC Art. 373) is permissive and
not obligatory (except in the case of legal separation)
optional, not required
(Note: NCC and ROC to be applied suppletorily, as
long as not inconsistent with Muslim Code)
Effects of irrevocable divorce, according to Muslim
Law: severance of marriage bond, subsequent
marriages allowable
When the marriage bond no longer exists as in the
case of death of husband or divorce (as authorized by
the Muslim Code), the widow or the divorcee doesnt
need to seek judicial confirmation of the change in