Section 14 of RA 7160

Beginning of Corporate Existence. - When a new local government unit is created, its corporate
existence shall commence upon the election and qualification of its chief executive and a
majority of the members of its sanggunian, unless some other time is fixed therefor by the law or
ordinance creating it.

If it is a corporation by way of an original charter – look at the charter

USE OF SURNAMES

What is a name, as defined by SC in so many cases;

It is defined as the word or combination of words by which a person is distinguished from other
individuals…

What are the parts of the name (SC)

(1) the given or proper name and (2) the surname or family name.

What are the characteristics (SC)?

(1) It is absolute, intended to protect the individual from being confused with others.
(2) It is obligatory in certain respects, for nobody can be without a name.
(3) It is fixed, unchangeable, or immutable, at least at the start, and maybe changed only
for good cause and by judicial proceedings.
(4) It is outside the commerce of man, and therefore inalienable and intransmissible by act
inter vivos or mortis causes.
(5) It is imprescriptible

Commencement of Civil Personality

Article 5 of Presidential Decree Number 603, otherwise known as the “Child and Youth Welfare Code,”
amended Article 40 of the Civil Code. The amendment and the law now provide that:
the civil personality of the child shall commence from the time of his conception for all
purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.

Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is
completely delivered from the mother’s womb. However, if the foetus had an intra-uterine
life of less than seven months, it is not deemed born if it dies within twenty-four hours after
its complete delivery from the maternal womb. (30a)

When does juridical personality commence?

If it is a private corporation, on the date of Certificate of registration by the SEC

Article 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by
contract and by will. (32a)

Article 43. If there is doubt, as between two or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other,
shall prove the same; in the absence of proof, it is presumed that they died at the same time
and there shall be no transmission of rights from one to the other. (33)

REVISED RULES OF EVIDENCE

(jj) That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;
 2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to
have survived.

What is the rule on surname?

Art. 364 Legitimate and legitimated children shall principally use the surname of the father.

Can you use your mother’s surname?

Yes, the law says “principally.”

Change of surname? Judicial process

Article 376. No person can change his name or surname without judicial authority.

REPUBLIC ACT NUMBERED 9048. Article 366 and also Article 412 of the Civil Code have been amended
by Republic Act Number 9048, “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 Judicial Order. Amending for this Purpose Articles 376
and 412 of the Civil Code of the Philippines.”

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.

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 prefexing a

word indicating that she is his wife, such as “Mrs.

The fourth one is, she may use her maiden name only

In case of annulment of marriage and the wife is the guilty party, what is the rule?

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.

The wife shall use her maiden surname. If the husband is the guilty spouse, the wife may
continue using his surname. But if the husband married another woman, the wife shall use her maiden
surname, or if the court otherwise decrees.
How about in legal separation?

Article 372. When legal separation has been granted, the wife shall continue using her name
and surname employed before the legal separation.

How about for widows?

Article 373. A widow may use the deceased husband’s surname as though he were still
living, in accordance with Article 370.

How about identity of names and surnames?

Article 374. 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.

Article 375. In case of identity of names and surnames between ascendants and
descendants, the word “Junior” can be used only by a son. Grandsons and other direct male
descendants shall either:

(1) Add a middle name or the mother’s surname, or

(2) Add the Roman numerals II, III, and so
on.