HATIMA C. YASIN represented by HADJI HASAN S. CENTI v.

THE HONORABLE
JUDGE SHARI’A DISTRICT COURT THIRD SHARI’A JUDICIAL DSTRICT
G.R. No. 94986 February 23, 1995
Digested by: Macadaeg, Jovy B.

FACTS:
Hatima Yasin y Saul was formerly married to Hadji Idris Yasin. On March 13, 1984 they
were granted a divorce decree by the Mindanao Islamic Center Foundation, Inc. in accordance
with Islamic Law. After their divorce, Hadji Idris Yasin contracted another marriage to another
woman. Hatima Yasin then filed a Petition to resume the use of her maiden name before the Court
of First Instance (CFI). She was represented by her brother Hadji Hasan S. Centi who was also her
attorney-in-fact.
CFI ordered the amendment of the petition because of the insufficiency in the form and
substance. The name sought to be adopted was not properly indicated and her residence was not
placed either. Hatima then filed a motion for reconsideration for the said order clarifying that her
petition was not for a change of name rather a resumption of the use of her maiden name. The
motion was denied because the substance of the petition was for a change of name and that
compliance with the provisions of Rule 103, Rules of Court on change of name is necessary if the
petition is to be granted as it would result in the resumption of the use of petitioner's maiden name
and surname.
ISSUE:
Whether a petition for resumption of maiden name and surname is also a petition for change
of name.
HELD:
No, the petition for resumption of maiden name and surname is not similar to a petition for
change of name.

The Supreme Court, granted the petition and set aside the orders of the CFI. Petitioner is
now authorized to resume her maiden name and surname. The court further held that the use of the
husband's surname during the marriage, after annulment of the marriage and after the death of the
husband is permissive and not obligatory except in case of legal separation. Articles 370 and 371
of the Civil Code provides 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 word indicating that she is his wife, such as "Mrs."

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
he court decrees otherwise, or she or the former husband is married again to another person.

However, the word "may" is used, indicating that the use of the husband's surname by the
wife is permissive rather than obligatory. We have no law which provides that the wife shall
change her name to that of the husband upon marriage. This is in consonance with the principle
that surnames indicate descent. It seems, therefore, that a married woman may use only her maiden
name and surname. She has an option, but not a duty, to use the surname of the husband in any of
the ways provided by this Article.

When petitioner married her husband, she did not change her name but only her civil status.
Neither was she required to secure judicial authority to use the surname of her husband after the
marriage as no law requires it.