SLIDE I.

TITLE XIII OF CIVIL CODE

USE OF SURNAMES (N)

SLIDE II
Article 364. Legitimate and legitimated children shall principally use the surname of the
father.

Article 365. An adopted child shall bear the surname of the adopter. (***case)

Article 366. A natural child acknowledged by both parents shall principally use the surname
of the father.
If recognized by only one of the parents, a natural child shall employ the surname of the
recognizing parent.

SLIDE III
Article 367. Natural children by legal fiction shall principally employ the surname of the
father.

Article 368. Illegitimate children referred to in Article 287 shall bear the surname of the
mother. (***spurious children)

Article 369. Children conceived before the decree annulling a voidable marriage shall
principally use the surname of the father.

SLIDE IV
Republic Act No. 9255
February 24 2004

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF

THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE
ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE
PHILIPPINES"

"Article 176. 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.
However, illegitimate children may use the surname of their father if their 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 or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the regular courts to prove
non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half
of the legitime of a legitimate child."
SLIDE V
Article 370. 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.

SLIDE VI
Article 371. 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
husband’s surname, UNLESS:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

SLIDE VII
Article 372. When legal separation has been granted, the wife shall continue using her name
and surname employed before the legal separation.
Article 373. A widow may use the deceased husband’s surname as though he were still living, in
accordance with Article 370.

SLIDE VIII
REPUBLIC ACT NO. 9048 March 22, 2001
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES
376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES

SLIDE IX
Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname – No entry in a civil register shall be changed or corrected without a judicial order,
except for clerical or typographical errors and change of first name or nickname which can be
corrected or changed by the concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules and regulations.

SLIDE X
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.

SLIDE XI
In the Matter of the Change of Names of DIONESIO DIVINAGRACIA, JR., and BOMBI
ROBERTO DIVINAGRACIA to DIONESIO NALDOZA and BOMBI ROBERTO NALDOZA,
respectively. ZOSIMA NALDOZA, as natural guardian and guardian ad litem of said
minors, petitioner-appellant,
vs.
REPUBLIC OF THE PHILIPPINES and JUDGE FERNANDO S. RUIZ of the Court of First
Instance of Bohol, Branch IV

SLIDE XII
IN THE MATTER OF THE ADOPTION OF THE MINOR, ANA ISABEL HENRIETTE
ANTONIA CONCEPCION GEORGIANA, ISABEL VALDES JOHNSTON, petitioner-
appellant,
vs.
REPUBLIC OF THE PHILIPPINES, oppositor-appellee.

SLIDE XIII
TERESITA LLANETA (known also as TERESITA LLANETA FERRER and TERESITA
FERRER), petitioner,
vs.
The Honorable CORAZON JULIANO AGRAVA, as Presiding Judge of the Juvenile and
Domestic Relations Court of Manila, respondent.

SLIDE XIV
CONSTANCIA C. TOLENTINO, petitioner,
vs.
COURT OF APPEALS and CONSUELO DAVID, respondents.

SLIDE XVI
CORAZON LEGAMIA y RIVERA, petitioner,
vs.
INTERMEDIATE APPELLATE COURT AND PEOPLE OF THE PHILIPPINES, respondents.