Civil Code of The Philippines: Title X. - Funerals

Persons and Family Relation Law
Aquila Legis Fraternity
CIVIL CODE
OF THE PHILIPPINES
TITLE X. FUNERALS
Article 305. The duty and the right to make arrangements for the
funeral of a relative shall be in accordance with the order established
for support, under Article 294. In case of descendants of the same
degree, or of brothers and sisters, the oldest shall be preferred. In case
of ascendants, the paternal shall have a better right.
ARRANGEMENTS.
Those who are duty-bound to make arrangements shall be in accordance with
the order established for support.
This order is now governed by Article 199 of the Family Code which repealed
Article 294 of the Civil Code
Article 199: which provides that such duty shall devolve first on the spouse; in
his or her absence or incapacity, the descendants in the nearest degree; in the
absence or incapacity of the latter, the ascendants in the nearest degree; and
finally, in the absence of all of the said persons, the brothers and sisters.
Article 305: also provides that in case of descendants of the same degree, or of
brothers and sisters, the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.
Article 306. Every funeral shall be in keeping with the social position
of the deceased.
Article 307. The funeral shall be in accordance with the expressed
wishes of the deceased. In the absence of such expression, his religious
beliefs or affiliation shall determine the funeral rites. In case of doubt,
the form of the funeral shall be decided upon by the person obliged to
make arrangements for the same, after consulting the other members
of the family.
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KINDS OF FUNERAL.
General Rule: The wishes of the deceased shall be mainly followed because
this is part of the respect that should be accorded to the dead.
In the absence of such expression: his or her religious beliefs or affiliation
shall determine the funeral rites because religious beliefs cater to the spiritual
and, more often than not, the deceaseds concept of death is greatly influenced
by his or her religious background.
In case of doubt: the form of the funeral shall be decided upon by the person
obliged to make arrangements for the same, after consulting the other members
of the family.
Ratio: the law presumes that these people are the ones who know the deceased
very well and they are in a position to know the kind of respect which the
deceased might have desired in his or her funeral had he or she expressed his or
her wish before he or she died.
However: in all cases, the law mandates that every funeral shall be in keeping
with the social position of the deceased. The kind of funeral is the last
manifestation of the kind of life which the deceased has attained and the law
sees to it that those who will be in charge of the funeral arrangements will
accord the right type of respect due to the deceased.
Article 308. No human remains shall be retained, interred, disposed of

or exhumed without the consent of the persons mentioned in Articles
294 and 305.
Article 309. Any person who allows disrespect to the dead, or
wrongfully interferes with a funeral shall be liable to the family of the
deceased for damages, material and moral.
RESPECT FOR THE DEAD.
Philippine culture and tradition give reverence to the dead.
General Rule: any undertaking that would, in a way, disturb the dead must
be with the consent of those who will be greatly affected. Also, damages can be
sought against those who allow disrespect to the dead, or wrongfully interfere
with a funeral.
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Article 310. The construction of a tombstone or mausoleum shall be

deemed a part of the funeral expenses, and shall be chargeable to the
conjugal partnership property, if the deceased is one of the spouses.
LIABILITY OF CONJUGAL PARTNERSHIP.
If the deceased is married: the law clearly provides that the tombstone or
mausoleum shall be deemed a part of the funeral expenses and shall be
chargeable to the conjugal partnership property.
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TITLE XII. CARE AND EDUCATION OF

CHILDREN
Article 356. Every child:
(1) Is entitled to parental care;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian;
(4) Has a right to live in an atmosphere conducive to his physical,
moral and intellectual development.
Article 357. Every child shall:
(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding
substitute parental authority;
(3) Exert his utmost for his education and training;
(4) Cooperate with the family in all matters that make for the good of
the same.
Article 358. Every parent and every person holding substitute parental
authority shall see to it that the rights of the child are respected and
his duties complied with, and shall particularly, by precept and
example, imbue the child with high- mindedness, love of country,
veneration for the national heroes, fidelity to democracy as a way of
life, and attachment to the ideal of permanent world peace.
Article 359. The government promotes the full growth of the faculties
of every child. For this purpose, the government will establish,
whenever possible:
(1) Schools in every barrio, municipality and city where optional
religious instruction shall be taught as part of the curriculum at the
option of the parent or guardian;
(2) Puericulture and similar centers;
(3) Councils for the Protection of Children;
and
(4) Juvenile courts.
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Article 360. The Council for the Protection of Children shall look after
the welfare of children in the municipality. It shall, among other
functions:
(1) Foster the education of every child in the municipality;
(2) Encourage the cultivation of the duties of parents;
(3) Protect and assist abandoned or mistreated children, and orphans;
(4) Take steps to prevent juvenile delinquency;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds;
(7) Coordinate the activities of organizations devoted to the welfare of
children, and secure their cooperation.
Article 361. Juvenile courts will be established, as far as practicable, in
every chartered city or large municipality.
Article 362. Whenever a child is found delinquent by any court, the
father, mother, or guardian may in a proper case be judicially
admonished.
Article 363. In all questions on the care, custody, education and
property of children, the latters welfare shall be paramount. No
mother shall be separated from her child under seven years of age,
unless the court finds compelling reasons for such measure.
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TITLE XIII. USE OF SURNAMES

SURNAME AND MIDDLE NAME.
The legal importance of a surname is highlighted by the fact that there are so
many cases decided by the Supreme Court concerning surnames.
Persons Name: is the designation by which he is known and called in the community
in which he lives and is best known. It is defined as the word or combination of words
by which a person is distinguished from other individuals and, also, as the label or
appellation which he bears for the convenience of the world at large addressing him, or
in speaking of or dealing with him. It is both of personal as well as public interest that
every person must have a name.
The name of an individual has two parts:
(1) the given or proper name: is that which is given to the individual at birth or at
baptism, to distinguish him from other individuals. The surname or family name is
that which identifies the family to which he belongs and is continued from parent
to child. The given name may be freely selected by the parents for the child
(2) the surname or family name: the surname to which the child is entitled is fixed
by law (In the matter of the adoption of Stephanie Nathy Astorga Garcia, G.R. No.
148311, March 31, 2005, 454 SCRA 541).
A name is said to have the following characteristics:
(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 (In Re: Petition for Change of Name and/or Correction of
Entry in the Civil Registry of Julian Lin Carulasan Wang, G.R. No. 159966, March
30, 2005, 454 SCRA 155).
Middle names: they serve to identify the maternal lineage or filiation of a person as
well as further distinguish him or her from others who may have the same given name
and surname as he or she has. A middle name cannot just be dropped without
compelling or justifiable reasons.
General Rule: It cannot be dropped merely because it is an inconvenience to the
person using it (In Re: Petition for Change of Name and/or Correction of Entry in the
Civil Registry of Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454
SCRA 155).
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Article 364. Legitimate and legitimated children shall principally use

the surname of the father.
LEGITIMATE AND LEGITIMATED CHILDREN.
Article 174: provides, among others, that legitimate children shall have the
right to bear the surname of the father and the mother.
Article 179: provides that legitimated children shall enjoy the same rights as
legitimate children and therefore, they shall likewise have the right to bear the
surname of the father and the mother.
Alfon v. Republic: the Supreme Court ruled that the word principally used
in Article 364 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 the
mother to which it is equally entitled. In the said Alfon case, the Supreme
Court also found as justified the use of the use of the mothers surname
considering that the child has been using it already in various records and
hence changing the childs surname in her birth certificate from that of her
father to her mother was justified to avoid confusion.
Article 365. An adopted child shall bear the surname of the adopter.
ADOPTED CHILD.
Domestic Adoption Act of 1998: provides that the adoptee shall be considered
the legitimate son/daughter of the adopter(s) for all intents and purposes and as
such is entitled to all the rights and obligations provided by law to legitimate
sons/ daughters without discrimination of any kind and, to this end, the adoptee
is entitled to love, guidance and support in keeping with the means of the
family. One of the rights of the adopted is, therefore, the right to use the
surname of the adopter.
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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.
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.
ILLEGITIMATE CHILDREN.
Under the new Family Code, there are only two classes of children, namely,
legitimate and illegitimate.
Gapusan Chua v. Court of Appeals: The five distinctions among various
types of illegitimate children under the Civil Code have been eliminated.
Article 176: provides that 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 (as
amended by Republic Act No. 9255).
Article 369. Children conceived before the decree annulling a
voidable marriage shall principally use the surname of the father.
CONCEPTION INSIDE AN ANNULLABLE MARRIAGE.
Legitimate children are those conceived or born inside a valid marriage.
General Rule: An annullable marriage is valid until annulled or terminated.
Hence, a child conceived inside a marriage prior to its annulment is legitimate.
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Article 370. A married woman may use:

(1) Her maiden first name and surname and add her husbands
surname, or
(2) Her maiden first name and her husbands surname, or

(3) Her husbands full name, but prefexing a word indicating that she is
his wife, such as Mrs.
MARRIED WOMAN.
Article 370: is directory and permissive in character because when a woman
gets married, she does not change her name but only her civil status. Moreover
this is consistent with the rule that surname indicates descent (Remo v.
Honorable Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010; Yasin
v. Honorable Judge Sharia District Court, 311 Phil 696, 707).
A married woman can maintain her name and surname or follow any of the
names in Article 370. Thus, a validly married woman has actually four
alternatives in the use of a name.
Example: Corazon Cojuangco married to Benigno Aquino, Jr. may use either
Corazon Cojuangco, Corazon Cojuangco-Aquino, Corazon Aquino or Mrs.
Benigno Aquino, Jr.
Remo v. Honorable Secretary of Foreign Affairs: the Supreme Court ruled
that, for purposes of surnames used in the passport, a married woman who
opted to use the surname of her husband in her passport must continue to use it
in case of renewal. She cannot revert to using her maiden surname because,
pursuant to Republic Act No. 8239, the law regulating the issuance of passport,
a married woman who used the surname of her husband in initially obtaining a
passport can change her surname to her maiden surname in subsequent
renewals only if the marriage were annulled or nullified or the woman obtained
a valid divorce abroad. The Supreme Court likewise stated that Republic Act
No. 8239 is a more specific law than the Civil Code on surnames and therefore
the former should prevail. It is submitted that the decision of the Supreme
Court in the Remo case should have been the other way around. The woman
should have been allowed to use her maiden surname. This decision should not
have been decided from the perspective of mere statutory construction but it
should have been determined from a rights-based perspective which is more
fundamental. Article 370 of the Civil Code deals with a fundamental right to
the use of a surname by a woman. Republic Act No. 8239 merely deals with a
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procedural rule that does not go into the intrinsic significance of the importance
of a surname. While it may be true that a passport is the property of the State,
this is not enough reason to deprive its citizen of a fundamental right which the
State must also protect.
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 em- ploying her former
husbands surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.
ANNULMENT.
In the event that the marriage is annulled: there are certain rules to be
followed in so far as the wife is concerned.
Example: if Maria Clara-De la Cruzs marriage to Juan De la Cruz is annulled
and if the said wife is the guilty party, she should resume using Maria Clara. If
she is the innocent spouse, she may use Maria Clara or Maria Clara-De la Cruz
depending upon her choice unless the court decrees otherwise or unless she
marries Sam America in which case she will follow the rule under Article 370 in
connection with her being married to Sam America.
Article 372. When legal separation has been granted, the wife shall
continue using her name and surname employed before the legal
separation.
LEGAL SEPARATION.
General Rule: In legal separation the bond of marriage is not severed. The
husband and the wife are only separated from bed and board. Hence, the wife
may use her name and surname employed before the legal separation (See
Laperal v. Republic, 6 SCRA 357).
Article 373. A widow may use the deceased husbands surname as
though he were still living, in accordance with Article 370.
WIDOW.
General Rule: A widow is a person whose husband is dead. She can use the
surname of the husband as if he were still living in accordance with Article 370.
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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.
IDENTITY OF NAMES.
Ratio: So that confusion can be prevented,
General Rule: the law provides that additional names or surnames shall be
used by younger people.
Example: if parents would want to name their son after his godfather who is
not related to them, the said son must use an additional name or surname.
Hence, if the name of the godfather is Juan de la Cruz, the godson must use an
additional name such as Juan Pedro de la Cruz.
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 mothers surname, or
(2) Add the Roman numerals II, III, and so on.
IDENTITY OF NAMES BETWEEN ASCENDANTS AND DESCENDANTS.
General Rule: only the son can use the word junior in case of identity of
names between ascendants and descendants. Hence, the son of Juan de la Cruz
who has the same name shall use Juan de la Cruz, Junior. Any other direct
descendant other than a son could either add a middle name or the mothers
surname, or add the Roman numerals II, III, and so on. Hence, if Juan de la
Cruz, Junior, who is married to Julieta Santos, has a son with the same name,
such son shall use Juan Ricardo de la Cruz, or Juan Santos-de la Cruz, or Juan
de la Cruz III. If Juan de la Cruz names his son after his father, Roberto de la
Cruz, such son shall be named Roberto de la Cruz II.
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Article 376. No person can change his name or surname without

judicial authority.
REPUBLIC ACT NUMBERED 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.
Sec. 2. Definitions of Terms. As used in this Act, the following terms shall mean:
(1) City or municipal civil registrar refers to the head of the local civil registry
office of the city or municipality, as the case may be, who is appointed as such by the
city or municipal mayor in accordance with the provisions of existing laws.
(2) Petitioner refers to a natural person filing the petition and who has direct and
personal interest in the correction of a clerical or typographical error in an entry or
change of first name or nickname in the civil register.
(3) Clerical or typographical error refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as misspelled name or misspelled
place of birth or the like, which is visible to the eyes or obvious to the understanding,
and can be corrected or changed only by reference to other existing record or records:
Provided, however, That no correction must involve the change of nationality, age,
status or sex of the petitioner.
(4) Civil register refers to the various registry books and related certificates and
documents kept in the archives of the local civil registry offices, Philippine Consulates
and of the Office of the Civil Registrar General.
(5) Civil registrar general refers to the administrator of the National Statistics
Office which is the agency mandated to carry out and administer the provision of laws
on civil registration.
(6) First name refers to a name or a nickname given to a person which may consist
of one or more names in addition to the middle and last names.
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Art. 376 USE OF SURNAMES 933
Sec. 3. Who may File the Petition and Where. Any person having direct and personal
interest in the correction of a clerical or typographical error in an entry and/or change
of first name or nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the record being
sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country and it
would not be practical for such party, in terms of transportation expenses, time and
effort to appear in person before the local civil registrar keeping the documents to be
corrected or changed, the petition may be filed, in person, with the local civil registrar
of the place where the interested party is presently residing or domiciled. The two (2)
local civil registrars concerned will then communicate to facilitate the processing of
the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries
may file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall
be processed in accordance with this Act and its implementing rules and regulations.
All petitions for the correction of clerical or typographical errors and/or change of first
names or nicknames may be availed for only once.
Sec. 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 the first names or nicknames in the
community; or
(3) The change will avoid confusion.
Sec. 5. Form and Contents of the Petition. The petition shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by law to administer
oaths. The affidavit shall set forth facts necessary to establish the merits of the
petition and shall show affirmatively that the petitioner is competent to testify to the
matters stated. The petitioner shall state the particular erroneous entry or entries
which are sought to be corrected and/or the change sought to be made.
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The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book
containing the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry or entries
upon which the correction or change shall be based; and
(3) other documents which the petitioner or the city or municipal civil registrar, or the
consul general may consider relevant and necessary for the approval of the petition.
In case of change of first name or nickname, the petition shall likewise be supported
with the documents mentioned in the immediately preceding paragraph. In addition,
the petition shall be published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies that he has no pending
case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil registrar, or
the consul general; second copy to the Office of the Civil Registrar General; and the
third copy to the petitioner.
Sec. 6. Duties of the City of Municipal Civil Registrar or the Consul General. The
city or municipal civil registrar or the consul general to whom the petition is presented
shall examine the petition and its supporting documents. He shall post the petition in
a conspicuous place provided for the purpose for ten (10) consecutive days after he
finds the petition and its supporting documents sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and
shall render a decision not later than five (5) working days after the completion of the
posting and/or publication requirement. He shall transmit a copy of his decision
together with the records of the proceedings to the Office of the Civil Registrar
General within five (5) working days from the date of the decision.
Sec. 7. Duties and Powers of the Civil Registrar General. The civil registrar general
shall, within ten (10) working days from receipt of the decision granting a petition,
exercise the power to impugn such decision by way of an objection based on the
following grounds:
(1) The error is not clerical or typographical;
(2) Register is substantial or controversial as it affects the civil status of a person; or
(3) The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
(4) The basis used in changing the first name or nickname of a person does not fall
under Section 4.
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The civil registrar general shall immediately notify the city or municipal civil registrar
or the consul general of the action taken on the decision. Upon receipt of the notice
thereof, the city or municipal civil registrar or the consul general shall notify the
petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general or file the
appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the
city or municipal registrar or of the consul general within the period prescribed herein,
such decision shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul
general, the petitioner may either appeal the decision to the civil registrar general or
file the appropriate petition with the proper court.
Sec. 8. Payment of Fees. The city or municipal civil registrar or the consul general
shall be authorized to collect reasonable fees as a condition for accepting the petition.
An indigent petitioner shall be exempt from the payment of the said fee.
Sec. 9. Penalty Clause. A person who violates any of the provisions of this Act
shall, upon conviction, be penalized by imprisonment of not less than six (6) years but
not more than twelve (12) years, or a fine of not less than Ten thousand pesos
(P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or both, at
the discretion of the court.
In addition, if the offender is a government official or employee, he shall suffer the
penalties provided under civil service laws, rules and regulations.
Sec. 10. Implementing Rules and Regulations. The civil registrar general shall,
in consultation with the Department of Justice, the Department of Foreign Affairs, the
Office of the Supreme Court Administrator, the University of the Philippines Law
Center and the Philippine Association of Civil Registrars, issue the necessary rules
and regulations for the effective implementation of this Act not later than three (3)
months from the effectivity of this law.
Sec. 11. Retroactivity Clause. This Act shall have retroactive effect insofar as it
does not prejudice or impair vested or acquired rights in accordance with the Civil
Code and other laws.
Sec. 12. Separability Clause. If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions or provisions thereof shall not be
affected by such declaration.
Sec. 13. Repealing Clause. All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Sec. 14. Effectivitiy Clause. This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.
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CHANGE OF NAME AND SURNAME.

A change of name is a privilege and not a matter of right, so that before a
person can be authorized to change his or her name given either in his or her
certificate or civil registry, he or she must show proper or reasonable cause or
any compelling reason which may justify such change (Yu Chi Han v. Republic,
15 SCRA 454; Ng Yao Siong v. Republic, 16 SCRA 483).
A change of name or nickname: can be effected through the office of the local
civil registrar reviewable by the office of the Civil Registrar General and finally
the courts.
A change of surname: is however, a matter of judicial discretion which must
be exercised in the light of the reasons adduced and the consequences that will
likely follow (Yu v. Republic, 17 SCRA 253).
A person should not be allowed to use a surname which otherwise he is not
permitted to employ under the law (Manuel v. Republic, 1 SCRA 836).
REASONS FOR CHANGE OF NAME.
Ratio: The purpose of the law in allowing a change of name or surname is to
give a person an opportunity to improve his or her personality and to promote
his or her best interest (Calderon v. Republic, 19 SCRA 721).
But to justify a change of name: there must exist a proper and reasonable
cause or compelling reason. The reasons for change of name or nickname are all
provided in Section 4 of R.A. 9048.
The following have been held to constitute proper and reasonable causes or
compelling reasons for change of surname:
(1) a ridiculous name, a name tainted with dishonor, or a name extremely
difficult to write or pronounce;
(2) a change of civil status; and
(3) a need to avoid confusion (Republic v. Taada, 42 SCRA 419). Also, it has
been held that, in the absence of prejudice to the State or any individual, a
sincere desire to adopt a Filipino name to erase signs of a former alien
nationality which unduly hamper social and business life, is a proper and
reasonable cause for a change of surname (Uy v. Republic, 15 SCRA 457).
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Silverio v. Republic: the Supreme Court ruled that , a male person who had a
surgical sexual reassignment where she became biologically a woman cannot
use that ground as reason to change his name from Rommel to Mely as a
persons sex is immutable from birth.
However, in Republic v. Cagandahan: a change of name from Jennifer to
Jeff was allowed even without surgical sexual reassignment in a case where
the person was found out to have Congenital Adrenal Hyperplasia (CAH) which
was a rare biological situation where the person had the sex organs of a male
and a female and where the person finally considered his sex as a male
considering that he had no menstruation and no breast as a woman and was
wanting in woman-hormones.
Doctrine: In the absence of a law on the matter, the Court will not dictate on
respondent concerning a matter so innately private as ones sexuality and lifestyle
preferences, much less on whether or not to undergo medical treatment to reverse
the male tendency due to CAH. To him belongs the human right to the pursuit of
happiness and of health. Thus, to him should belong the primordial choice of what
courses of action to take along the path of his sexual development and maturation.
In the absence of evidence that respondent is an incompetent in the absence of
evidence to show that classifying respondent as a male will harm other members of
society who are equally entitled to protection under the law, the Court affirms as
valid and justified the respondents position and his personal judgment of being a
male.
In a case where a divorced woman subsequently remarried and desired to have

her childs surname changed to the surname of her second husband who had
always treated the child with love and affection, the Supreme Court rejected the
plea for change of name and observed:
Anent the first issue, the government sustains a negative stand for the reason that our
laws do not authorize a legitimate child to use the surname of a person who is not his
father, for, as a matter of fact, Article 364 of the Civil Code specifically provides that
legitimate children shall principally use the surname of their father. Mention is also
made of Article 369 of the same Code which provides that in case of annulment of
voidable marriage the children conceived before the annulment shall principally use
the surname of the father, and considering by analogy the effect of a decree of divorce,
it is concluded that the children who are conceived before such a decree should also be
understood as carrying the surname of the real father, which, in this case, is Velarde.
Ratio: Indeed, if a child born out of a lawful wedlock be allowed to bear the surname
of the second husband of the mother, should the first husband die or be separated by a
decree of divorce, there may result a confusion as to his real paternity. In the long run,
the change may redound to the prejudice of the child in the community.
Chino LEE
!17
However in Calderon v. Republic: the Supreme Court allowed the change of

surname of an illegitimate child as it would appear that it was for the best
interest of the child. The Supreme Court observed and ruled, to wit:
The lower court found that petitioner Gertrudes Josefina was born on March 17, 1956,
an illegitimate child of Manuel del Pradeo and Corazon Adolfo as a result of their
bigamous marriage which was annulled on July 18, 1957, after a judgment of
conviction of said Manuel del Prado on the complaint for bigamy on December 5, 1956;
that subsequently, on December 26, 1957, Corazon Adolfo, mother of the petitioner,
got married to Romeo C. Calderon; that the petitioner is living with her mother and
her foster father; and that Romeo C. Calderon declared in open court his consent to
the petitioners adopting his surname, especially so because he is the one supporting
her. The lower court says: In the opinion of the Court the reasons adduced by the
petitioner are valid and will redound to the best interests of said minor who after all is
not at fault to have come to this world as an illegitimate child.
We agree with the court a quo. A petition to change the name of an infant, as in this
case, should be granted only where to do so is clearly for the best interest of the child.
When the mother of the petitioner filed the instant petition, she had in mind what she
believed was for the best interest of her child, considering that her husband Romeo C.
Calderon is the one supporting the child and that he is agreeable to the childs using
his surname. The mother had considered the generous attitude of her husband as an
opportunity for her to promote the personality and enhance the dignity, of her
daughter by eliminating what constitutes a stigma of illegitimacy which her child
would continue to bear if her surname is that of her legitimate father.
The Solicitor General, in his brief, avers that the evident purpose of petitioner in
seeking a change of her surname is to conceal her status as an illegitimate child and
that any attempt to conceal illegitimacy cannot be motivated by good faith and an
honest purpose. The Solicitor General further alleges that to authorize the change of
the name of the petitioner would be to sanction a misrepresentation because the
petitioner wants to appear as if she is the daughter of Romeo C. Calderon. We cannot
agree with the view of the Solicitor General. The Solicitor General seems to support
the idea that since the petitioner has the misfortune of being born illegitimate she
must bear that stigma of illegitimacy as long as she lives. That idea should not be
countenanced. Justice dictates that every person be allowed to avail of any
opportunity to improve his social standing as long as in so doing he does not cause
prejudice or injury to the interests of the State or of other people.
The Solicitor General also contends that the status of the petitioner is that of a
natural child by legal fiction and under Article 367 of the Civil Code, she shall
principally enjoy the surname of the father. We agree with the lower court when it
said that While it is true that the Code provides that a natural child by legal fiction
as the petitioner herein shall principally enjoy the surname of the father, yet, this
does not mean that such child is prohibited by law from taking another surname with
the latters consent and for justifiable reasons. If under the law a legitimate child
may secure a change of name through judicial proceedings, upon a showing of a
proper and reasonable cause, we do not see any reason why a natural child cannot do
the same. The purpose of the law in allowing a change of name, as contemplated by
!18
Chino LEE
the provisions of Rule 103 of the Rules of Court, is to give a person an opportunity to
improve his personality and to promote his best interests. We are satisfied that the
facts and circumstances as borne out by the record amply justify the change of
surname of the petitioner as ordered by the lower court. We have held that the matter
whether to grant or deny a petition for a change of name is left to the sound discretion
of the court, and in the present case we believe that the court a quo had exercised its
discretion in a judicious way when it granted the petition.
EFFECT OF CHANGE OF NAME.

A change of name does not alter family relations, rights or duties, legal
capacity, civil status or citizenship (Calderon v. Republic, 19 SCRA 721).
What is altered is only the name, which is that word or combination of words by which
a person is distinguished from others and which he bears as a label or appellation for
the convenience of the world at large in addressing him, or in speaking of or dealing
with him (In re Petition for Change of Name of Joselito Yu, Juan S. Barrera v.
Republic of the Philippines, L-20874, May 25, 1966).
NATURE OF PROCEEDINGS.
The procedure for change of name is provided for in Section 3 up to 7 of R.A. No.
9048. However, a petition for change of surname is a judicial proceeding in rem
(Tan v. Republic, 4 SCRA 1128). The judicial proceeding for change of
surname is governed by Rule 103 of the Rules of Court, to wit:
Section 1. Venue. A person desiring to change his name shall present the petition to
the Court of First Instance [now Regional Trial Court] of the province in which he
resides, or, in the City of Manila, to the Juvenile and Domestic Relations Court (now
Regional Trial Court).
Section 2. Contents of petition. A petition for change of name shall be signed and
verified by the person desiring his name changed, or some other person on his behalf,
and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition
is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioners name is sought;
(c) The name asked for.
Section 3. Order for hearing. If the petition filed is sufficient in form and substance,
the court, by an order reciting the purpose of the petition, shall fix a date and place for
the hearing thereof, and shall direct that a copy of the order be published before the
hearing at least once a week for three (3) successive weeks in some newspaper of
general circulation published in the province, as the court shall deem best. The date
set for the hearing shall not be within (30) days prior to an election nor within four (4)
months after the last publication of the notice.
Chino LEE
!19
Section 4. Hearing. 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 Philippines.
Section 5. Judgment. Upon satisfactory proof in open court on the date fixed in the
order that such order has been published as directed and that the allegations of the
petition are true, the court shall, if proper and reasonable cause appears for changing
the name of the petitioner, adjudge that such name be changed in accordance with the
prayer of the petition.
Section 6. Service of judgment. Judgments or orders rendered in connection with
this rule shall be furnished the civil registrar of the municipality or city where the
court issuing the same is situated, who shall forthwith enter the same in the civil
register.
Although Rule 103 refers to change of name, it should refer to surname in

view of the fact that change of name is now governed by Republic Act No. 9048.
It has been importantly held that publication of the petition for change of name
is essential for the court to acquire jurisdiction (Ng Yao v. Republic, 16 SCRA
483). Publication is notice to the whole world that the proceeding has for its
object to bar indifferently all who might be minded to make an objection of any
sort against the right sought to be established (Rendora v. Republic, 35 SCRA
483).
Article 377. Usurpation of a name and surname may be the subject of
an action for damages and other relief.
Article 378. The unauthorized or unlawful use of another persons
surname gives a right of action to the latter.
USURPATION OF NAME.
Tolentino v. Court of Appeals: where the current wife filed an action to
prevent the former wife of her husband to use the surname of the said husband,
the Supreme Court ruled that there was no usurpation and pertinently stated:
There is no usurpation of the petitioners name and surname in this case so that the
mere use of the surname Tolentino by the private respondent cannot be said to have
injured the petitioners rights. The usurpation of name implies some injury to the
interests of the owner of the name. It consists in the possibility of confusion of identity
x x x between the owner and the usurper. It exists when a person designates himself
by another name x x x. The following are the elements of usurpation of a name: 1)
there is an 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
(Tolentino, supra, p. 685). None of these elements exists in the case at bar and neither
is there a claim by the petitioner that the private respondent impersonated her. In
fact, it is of public knowledge that Constancia Tolentino is the legal wife of Arturo
Chino LEE
!20
Tolentino so that all invitations for Senator and Mrs. Arturo Tolentino are sent to
Constancia. Consuelo never represented herself after the divorce as Mrs. Arturo
Tolentino but simply Mrs. Consuelo David-Tolentino. The private respondent has
legitimate children who have every right to use the surname Tolentino. She could not
possibly be compelled to use the prefix Miss or use the name Mrs. David, different
from the surnames of her children. The records do not show that she has legally
remarried.
Silva, et al. v. Peralta: cited by the petitioner, it was not the mere use of the
surname that was enjoined but the defendants representation that she was the wife of
Saturnino Silva. There was, therefore, a usurpation of the wifes status which is
absent in the case at bar.
We rule that the use of the surname Tolentino does not impinge on the rights of the
petitioner.
Considering the circumstances of this petition, the age of the respondent who may be
seriously prejudiced at this stage of her life, having to resort to further legal
procedures in reconstituting documents and altering legal transactions where she
used the surname Tolentino, and the effects on the private respondent, who while still
not remarried, will have to use a surname different from the surnames of her own
children, we find it just and equitable to leave things as they are, there being no actual
legal injury to the petitioner save a deep hurt to her feelings which is not a basis for
injunctive relief.
Article 379. The employment of pen names or stage names is permitted,

provided it is done in good faith and there is no injury to third
persons. Pen names and stage names cannot be usurped.
Article 380. Except as provided in the preceding article, no person
shall use different names and surnames.
PEN NAMES OR STAGE NAMES. A person may use a name other than his
name. This name is called pen name or stage name. Journalists and artists
usually use pen names and stage names. However, for them to be able to do so,
it must be done in good faith and without injury to third persons. Indeed, people
using pen names and stage names can have a vested right on such names
because the law also provides that it cannot be usurped.
Chino LEE
!21
TITLE XVI. CIVIL REGISTRY

Article 407. Acts, events and judicial decrees concerning the civil
status of persons shall be recorded in the civil register. (325a)
DUTIES OF THE LOCAL CIVIL REGISTRAR.
The Local Civil Registrar in each city or municipality shall:
(a) file registerable certificates and documents presented to them for
entry;
(b) compile the same monthly and prepare and send any information
required of them by the Civil Registrar General;
(i) issue certified transcripts or copies of any certificate or document
registered, upon payment of the proper fees;
(i) order the binding, properly classified, of all certificates or documents
registered during the year;
(a) send to the Civil Registrar-General during the first ten days of each
month, a copy of the entries made during the preceding month, for
filing;
(a) index the same to facilitate search and identification in case any
information is required; and
(g) administer oaths, free of charge, for civil register purposes (Section 12
of the Civil Registry Law, Act No. 3753).
Summary: File, Compile Registerable Certificates. Issue Transcripts >
Send to Civ Reg General during first 10 days of each month. Index
identification. Administer Oaths free of charge.
Article 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
annulment of marriages; (6) judgments declaring marriages void
from the beginning; (7) legitimations; (8) adoptions; (9)
acknowledgments of natural children; (10) naturalization; (11)
loss; or (12) recovery of citizenship; (13) civil interdiction; (14)
judicial determination of filiation; (15) voluntary emancipation of
a minor; and (16) changes of name. (326a)
Mnemonics: BiDeMaLeAn - JDM - LegAdoAckNatLosRecCiv - JDF -VE/CN
Chino LEE
!22
Article 409. In cases of legal separation, adoption, naturalization

and other judicial orders mentioned in the preceding article, it
shall be the duty of the clerk of court which issued the decree to
ascertain whether the same has been registered, and if this has
not been done, to send a copy of said decree to the civil registry of
the city or municipality where the court is functioning.
Article 410. The books making up the civil register and all
documents relating thereto shall be considered public documents
and shall be prima facie evidence of the facts therein contained.
PUBLIC DOCUMENTS.
The books making up the civil register and all documents relating thereto
shall be considered public document.
They shall be open to the public during office hours and shall be kept in a
suitable safe which shall be furnished to the local civil registrar at the
expense of the general fund of the municipality concerned.
General Rule: The local civil registrar shall not under any circumstances
permit any document entrusted to his care to be removed from his office.
Exception: by order of a court, in which case the proper receipt shall be
taken.
The local civil registrar may issue certified copies of any document filed,
upon payment of the proper fees required under the law
General Rule: The Civil Register Law does not provide for constructive
notice to all persons of any document filed in the Office of the Local Civil
Registrar or Office of the Civil Registrar General
Exception: Filing of documents in the Registry of Deeds where the law
expressly provides that such filing is constructive notice to all of the
documents filed therein (Section 52 of P.D. 1529),
Chino LEE
!23
General Rule: birth records, including a birth certificate, are strictly

confidential and the contents therein cannot be revealed
Exception: when obtained by those interested therein, namely:
1) the person himself, or any person authorized by him or her;
2) his or her spouse, his or her parent or parents, his or her direct
descendants, or the guardian or institution legally in charge of him or
her if he or she is a minor;
3) the court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the
identity of the childs parents or other circumstances surrounding his
birth; and
4) in case of the persons death, the nearest of kin
PRIMA FACIE EVIDENCE.

Prima Facie Evidence: is meant such proofs which, if remaining
unrebutted or uncontradicted, is sufficient to maintain the fact such
evidence seeks to substantiate. It creates a presumption of fact.
Concepcion v. Court of Appeals: In case of conflict between a
presumption of fact and a presumption of law, the latter will prevail.
General Rule: even if the record of birth states the name of a person as
the father but the child was born inside the valid marriage of the
mother with another man, the latter will be considered as the father
because of the presumption of law that a child born inside a valid
marriage is legitimate as to the spouses of that marriage
Babiera v. Catotal: where a legitimate child filed a suit to cancel the
birth certificate of her housemaids child who claimed to be her sister and
therefore also the legitimate child of her parents and where it was proven
that the birth certificate of such housemaids child was forged to make it
appear that the said housemaids child was the child of the parents of the
legitimate child, the Supreme Court rejected the contention of the
housemaids child that the birth certificate must be considered authentic
considering that it enjoys the presumption of regularity in its issuance.
Doctrine: While it is true than an official document such as petitioners Birth
Certificate enjoys the presumption of regularity, the specific facts attendant to
the case at bar, as well as the totality of evidence presented during trial,
sufficiently negate such presumption.
Chino LEE
!24
Article 411. Every civil registrar shall be civilly responsible for

any unauthorized alteration made in any civil register, to any
person suffering damage thereby. However, the civil registrar
may exempt himself from such liability if he proves that he has
taken every reasonable precaution to prevent the unlawful
alteration.
Article 412. No entry in a civil register shall be changed or
corrected, without judicial order.
REPUBLIC ACT NUMBERED 9048.
Article 412 has been amended by Republic Act 9048. The complete text of
the said act is set out in the discussion under Article 376.
Nevertheless, Republic Act Number 9048, among others, also deals with
corrections in the civil registry which involve merely typographical or
clerical errors just like the concept in Article 412.
ADMINISTRATIVE OR JUDICIAL PROCEEDING.

General Rule: a change in the entries in the civil register must always
pass through a judicial proceeding. Typographical and/or clerical errors
can be corrected administratively through the office of the local civil
registrar by filing the necessary verified petition by any person having
direct and personal interest in the correction.
Exception: for clerical or typographical errors or change in the name or
nickname of a person.
Exception to the Exception: the resolution of the Office of the Local
Civil Registrar can be reviewed by the Office of the Civil Registrar
General and finally by the courts (Section 7 of R.A. No. 9048). The
proceeding may either be summary or adversarial.
Yu v. Republic: A clerical error has been defined as one made in copying
or writing
Clerical or typographical error refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing, or typing an
entry in the civil registrar that is harmless and innocuous, such as misspelled
name or misspelled place of birth or the like, which is visible to the eyes or
obvious to the understanding and can be corrected or changed by reference to
other existing record or records;
Chino LEE
!25
Provided, however, That no correction must involve the change of nationality,

age, status or sex of the petitioner.
Examples:
1. Alisoso v. Lastimoso: errors that are clearly misspelled name and
occupation of parents.
2. Yu v. Republic: Thus, the change of Sincio to Sencio, which
merely involves the substitution of the first vowel i in the first name
into the vowel e, merely amounts to the righting of a clerical error.
The proceeding must be judicial and should be adversarial if the changes
involve substantial or controversial matters such as those which involve a
persons civil status, nationality or citizenship, and filiation of the
offsprings of parents (Chug Siu v. Local Civil Registrar, 20 SCRA 877; Ty
Kong Tin v. Republic, 50 O.G. 1077, cited in David v. Republic, 15 SCRA
439).
These substantial and controversial matters should be threshed out in an
appropriate court proceeding instituted for the purpose wherein the State
and all parties who may be affected by the entries are notified or
represented to the end that the case may be decided with due process of
law and on the basis of the facts proven (Chug Siu case, 20 SCRA 877;
See also Ansaldo v. Republic, 54 O.G. 5886).
General Rule:, With respect to a change which will, in effect, alter the
status of a person, for example from legitimate to illegitimate filiation, is
that such change cannot be effectuated under Article 412 of the Civil
Code.
RULE 108 OF THE RULES OF COURT.

Provides for the procedural rules for the cancellation or correction of
entries in the civil registry. The procedure is as follows:
Section 1. Who may file petition. Any person interested in any act, event,
order or decree concerning the civil status of persons which has been recorded in
the civil register, may file a verified petition for the cancellation or correction of
any entry relating thereto, with the Court of First Instance of the province
where the corresponding civil registry is located.
Section 2. Entries subject to cancellation or correction. Upon good and valid
grounds, the following entries in the civil register may be cancelled or corrected
(same as Article 408 of the Civil Code).
Chino LEE
!26
Section 3. Parties. When cancellation or correction of an entry in the civil

register is sought, the civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made parties to the
proceeding.
Section 4. Notice and publication. Upon the filing of the petition, the court
shall, by an order, fix the time and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons named in the petition. The
court shall also cause the order to be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the province.
Section 5. Opposition. The civil registrar and any person having or claiming
any interest under the entry whose cancellation or correction is sought may,
within fifteen (15) days from notice of the petition, or from the last date of
publication of such notice, file his opposition thereto.
Section 6. Expediting proceedings. The court in which the proceeding is
brought may make orders expediting the proceedings, and may also grant
preliminary injunction for the preservation of the rights of the parties pending
such proceedings.
Section 7. Order. After hearing, the court may either:
1. Dismiss the petition or,
2. Issue an order granting the cancellation or correction prayed for. In either
case,
A certified copy of the judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.
Republic v. Valencia: However, it was held that if all the procedural

requirements under Rule 108 have been followed, a petition for correction
and/or cancellation of entries in the record of birth even if filed and
conducted under Rule 108 of the Revised Rules of Court can no longer be
described as summary. There can be no doubt that when an opposition
to the petition is filed either by the Civil Registrar or any person having
or claiming any interest in the entries sought to be cancelled and/or
corrected and the opposition is actively prosecuted, the proceedings
thereon become adversary proceedings.
Thus, in the said case of Republic v. Valencia, where the changes sought
in the entries in a record of birth are the following:
1) from Chinese to Filipino; and
2) from Legitimate to Illegitimate,
Chino LEE
!27
the Supreme Court ruled that, while the case was filed under Article 412
of the Civil Code which deals with only clerical and innocuous errors
which may be corrected by way of a summary proceeding in court and
while the fact that the changes sought are not mere clerical errors but
substantial ones which cannot be corrected under Article 412, the changes
can be allowed if all the requirements under Rule 108 are fulfilled
Ratio: because in such case the proceedings turned into an adversarial
one which is the appropriate judicial proceedings with respect to
substantial changes in the entries.
Provided: the trial court has conducted proceedings where all relevant facts
have been fully and properly developed, where opposing counsel have been
given opportunity to demolish the opposite partys case, and where the evidence
has been thoroughly weighed and considered, the suit or proceeding is
appropriate.
xxx xxx xxx
In the instant case, a petition for cancellation and/or correction of entries of
birth of Bernardo Go and Jessica Go in the Civil Registry of the City of Cebu
was filed by respondent Leonor Valencia on January 27, 1970, and pursuant to
the order of the trial court dated February 4, 1970, the said petition was
published once a week for three (3) consecutive weeks in the Cebu Advocate, a
newspaper of general circulation in the City of Cebu. Notice thereof was duly
served on the Solicitor General, the Local Civil Registrar and Go Eng. The order
likewise set the case for hearing and directed the local civil registrar and the
other respondents or any person claiming any interest under the entries whose
corrections were sought, to file their opposition to the said petition. An
opposition to the petition was consequently filed by the Republic on February
26, 1970. Thereafter, a full-blown trial followed, with respondent Leonor
Valencia testifying and presenting her documentary evidence in support of her
petition. The Republic on the other hand cross- examined respondent Leonor
Valencia.
We are of the opinion that the petition filed by the respondent in the lower court
by way of a special proceeding for cancellation and/or correction of entries in the
civil register with the requisite notice and publication and the recorded
proceedings that actually took place thereafter could very well be regarded as
that proper suit or appropriate action.
Article 413. All other matters pertaining to the registration of

civil status shall be governed by special laws.
Act Numbered 3753 / Civil Registry Law: provides for the registration
of documents evidencing the acquisition or termination of a particular
civil status such as legitimation, adoption, change of name, marriage,
termination of such marriage and others.
Chino LEE
!28

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Persons and Family Relation Law

Aquila Legis Fraternity

Persons and Family Relation Law

Aquila Legis Fraternity

Article 308. No human remains shall be retained, interred, disposed of

Persons and Family Relation Law

Aquila Legis Fraternity

Article 310. The construction of a tombstone or mausoleum shall be

Persons and Family Relation Law

Aquila Legis Fraternity

TITLE XII. CARE AND EDUCATION OF

Persons and Family Relation Law

Aquila Legis Fraternity

Persons and Family Relation Law

Aquila Legis Fraternity

TITLE XIII. USE OF SURNAMES

Persons and Family Relation Law

Aquila Legis Fraternity

Article 364. Legitimate and legitimated children shall principally use

Persons and Family Relation Law

Aquila Legis Fraternity

Article 366. A natural child acknowledged by both parents shall

Persons and Family Relation Law

Aquila Legis Fraternity

Article 370. A married woman may use:

(2) Her maiden first name and her husbands surname, or

Persons and Family Relation Law

Aquila Legis Fraternity

Persons and Family Relation Law

Aquila Legis Fraternity

Article 374. In case of identity of names and surnames, the younger

Persons and Family Relation Law

Aquila Legis Fraternity

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

Persons and Family Relation Law

Aquila Legis Fraternity

Art. 376 USE OF SURNAMES 933

Persons and Family Relation Law

Aquila Legis Fraternity

The petition shall be supported with the following documents:

Persons and Family Relation Law

Aquila Legis Fraternity

Persons and Family Relation Law

Aquila Legis Fraternity

CHANGE OF NAME AND SURNAME.

Persons and Family Relation Law

Aquila Legis Fraternity

In a case where a divorced woman subsequently remarried and desired to have

Persons and Family Relation Law

Aquila Legis Fraternity

However in Calderon v. Republic: the Supreme Court allowed the change of

Persons and Family Relation Law

Aquila Legis Fraternity

EFFECT OF CHANGE OF NAME.

Persons and Family Relation Law

Aquila Legis Fraternity

Although Rule 103 refers to change of name, it should refer to surname in

Persons and Family Relation Law

Aquila Legis Fraternity

Article 379. The employment of pen names or stage names is permitted,

Persons and Family Relation Law

Aquila Legis Fraternity

TITLE XVI. CIVIL REGISTRY