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civil code of surnames philippines

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

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