USE OF SURNAMES

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

Art. 367. (repealed by Art. 176 of FC) There are no more natural children by legal fiction. They are included in the class of illegitimate children. Art. 368. (repealed by Art. 176 of FC) Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. Art. 370. A married woman may use: (1) Her maiden first name and surname and add her husbands surname, (2) Her maiden first name and her husbands surname, or (3) Her husbands full name, but prefixing a word indicating that she is his wife, such as Mrs. The use of the husbands surname is NOT obligatory. The right of the wife to use the husbands surname impliedly excludes others from using the same name. XPN: in the absence of usurpation of the wifes status

Note: It applies even if the mother has divorced the father and is now married to another man. The evident purpose is to avoid confusion in paternity. Distinction bet. Names and Surnames Name is a word or words, when applied to a particular person, used to distinguish, that is, to identify, that person. - Also referred to as given name or first name. - It is freely selected by the parents of the child. Surname is the word(s) used by which a person is known not only as an individual but also as belonging to a particular family. - Also referred as the last name or family name. - It is fixed by law. A surname is NOT an EXCLUSIVE right. The official name of a person is that one given him in the civil register. A persons name and surname may be changed for good cause in an appropriate judicial proceedings. Q. Can a legitimate or legitimated child use the surname of her mother, rather than of her father? A. Yes. The word principally as used in the codal provision is not equivalent to exclusively so that there is no legal obstacle if a legitimate or legitimated child should choose to use the surname of its mother to which it is equally entitled.

Art. 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 husbands surname, unless: (1) The court decrees otherwise, or (2) She or the former husband is married again to another person.

Art. 372. When LEGAL SEPARATION has been granted, the wife shall continue using her name and surname employed before the legal separation. A legally separated wife remains a wife. The spouses remain married to one another. The law is mandatory. Guilt or innocence of the wife is immaterial.

Art. 365

An adopted child shall bear the surname of the adopter.

A married woman, with the consent of her husband, adopted a child. The child will bear the maiden surname of the woman, not that of the man. This is to eliminate confusion considering the fact that the adopted child has generally the rights of a legitimate child. Besides, if the child were to use the surname of the adopters husband, the public may be misled into believing that the husband had also adopted the child, and the child can inherit from the said husband in case of death. (Johnston v. Republic) Art. 366 (repealed by Art. 176 of FC) GR: Illegitimate children shall use the surname of their mother. XPN: If recognized by the father in the birth certificate, or in a public document or private handwritten instrument, the illegitimate child is now entitled to use the surname of the father. No need for child to file petition for change of name to be able to use the surname of the father, if the latter had judicially recognized him.

Art. 373. A widow may use the deceased husbands surname as though he were still living, in accordance with Art. 370. Although here, the marriage ties have been dissolved, still the widow may desire to cherish her deceased husbands memory by the continued use of his surname. However, if she does not want to, she is allowed to use her maiden surname again. The descriptive appellation Vda. de is openly used, followed by the husbands surname.

Art. 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.

Art. 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 mothers surname, (2) Add the Roman numerals II, III, and so on. Similarly, the father may use the suffix Senior to his name.

Publication of Order of Hearing A copy of the order shall be published before the hearing at least once a week for 3 successive weeks in some newspaper of general circulation published in the province. The date set for the hearing shall not be within 30 days prior to an election nor within 4 months after the last publication of the notice. Change of name is a judicial proceeding in rem. Strict compliance with the requirements of publication is essential before the court could acquire jurisdiction. Any defect in the petition or in the publication as to the correct spelling of the name of the petitioner is fatal. Oppositors Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic. Effects of Change of Name: What is changed only is the word or words by which he is identified and distinguished from the rest of his fellowmen. How to Register a Change of Name The original entry must not be erased or cancelled. The proper way would be to make the proper marginal corrections or annotations. The courts should be wary, where petitioner has previous criminal convictions. The only name which could be changed is the official name of a person, that is, the one which is recorded in the Civil Register.

Art. 376 No person can change his name or surname without JUDICIAL AUTHORITY. Note: already amended by R.A 9048 (Mar. 22, 2001) The CITY or MUNICIPAL CIVIL REGISTRAR or CONSUL GENERAL is authorized to correct: (1) Clerical or typographical errors in an entry and/or, (2) To change the first name or nickname of a person in the civil register without need of judicial order. The State has an interest in the names borne by individuals and entities for identification. A change of name is a privilege and not a matter of right; hence, the petitioner must show proper or reasonable cause, or any compelling reason, which may justify such change. Otherwise, the petition should be denied. The grounds for change of first name or nick name: (1) The name is ridiculous, tainted with dishonour or is extremely difficult to write or pronounce; (2) The new name has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or (3) The change is necessary to avoid confusion. (4) The request for change is a consequence of a change in status, such as when a natural child is acknowledged or legitimated. Note: When there is no typographical error, the authority of the registrar or consul general is only with respect to the first name or nickname. The proceeding is summary, meaning by presentation of affidavits. The said law is retroactive un effect. Procedure in change of name - the procedure in the changing of names is governed by Rule 103 of the Revised Rules of Court. The Venue - RTC of the province or city where the petitioner resides. Contents of the Petition (1) That the petitioner has been a bona fide resident of the province where the petition is filed for at least 3 years prior to the date of such filing; (2) The cause for which the change of the petitioners name is sought; (3) The name asked for.

Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief. There is usurpation of name when: (1) There is actual use of anothers name by the defendant; (2) The use is unauthorized; and (3) The use of anothers name is to designate personality or identify a person.

Art. 378. The unauthorized or unlawful use of another persons surname gives a right of action to the latter. This article covers the use of a name for other purposes, such when the name is used to call an animal or a trademark for some merchandise; or when his surname is used to identify an obnoxious commodity designed to ridicule his person. Concealing true name is a criminal offense.

Art. 379. The employment of PEN NAMES or STAGE NAMES is permitted, provided it is done in good faith and there is no injury to 3rd persons. Pen names and stage names cannot be usurped. PEN NAME or STAGE NAME - protected only if: (a) It is used in connection with an activity in the literary field. (Novelists pseudonym) (b) It is used in connection with some artistic or theatrical activities. (c) if the same, due to its repeated use done in good faith, had already gained prominence in identifying the particular individual using the same. cannot be usurped should not be usurped, otherwise liability for damages may lie.

Art. 380. Except as provided in the preceding article, no person shall use different names and surnames. Ordinarily, the use of different names and surnames cannot be allowed. The preceding article gives the exception. The use of fictitious name for the purpose of concealing a crime, evading execution of judgment or causing damage is a criminal offense. The use of an alias, without judicial authorization is a violation of the Anti- Alias Law. It is a sufficient ground for the denial of an application for naturalization. But the use of name by which a person has been known from childhood is not a violation of the AntiAlias Law.