Use of Surnames: Airiz M. Dela Cruz

USE OF SURNAMES
Articles 364-380 of the Civil Code
AIRIZ M. DELA CRUZ

JURIS DOCTOR 1B
Name
The subject of rights must have a fixed symbol for individualization
which serves to distinguish him from all others; this symbol is his name.
(Republic v. Trinidad Capote, GR No. 157043, February 02, 2007)
A Name is said to have the following characteristics :

1)
It is absolute;
2)
It is obligatory;
3)
It is fixed, unchangeable, or immutable;
4)
It is outside the commerce of man; and
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, 454 SCRA 155)
Legitimate
Children
and
Legitimated Shall principally use

surname of the father.
(Art. 364, Civil Code)
Adopted Children
the
Surname of the adopter

Natural Children
if recognized by both parents -Surname of the father
if recognized by only one of -Surname of the recognizing
the parents
parent (Art. 366, Civil Code)
Natural
fiction
Children
Illegitimate Children
by
legal
Surname of the father

Surname of the mother
(Art. 176, Family Code)
Children conceived before the Surname of the father

decree annulling a voidable (Art. 369, Civil Code)
marriage
The word principally 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.
(Alfon v. Republic, 97 SCRA 858)
A Married Woman can maintain her name

and surname or use any of the following names;
(Origin Name: Alevosia M. Cruz)
1. Her maiden first name and surname and add her husband's
surname.
( Alevosia M. Cruz-Dimasakdal )
2. Her maiden first name and her husband's surname.

(Alevosia C. Dimasakdal)
3. Her husband's full name, but prefixing a word indicating that she is
his wife, such as "Mrs.
( Mrs. Dimasakdal )
However, if the marriage has been annulled, or the

husband and wife have been legally separated or the
husband died the following rules must be governed;
Annulment of marriage
wife is the guilty party
- she shall resume her

maiden name and surname.
wife is the innocent

party
- she may resume her

maiden name and surname
Legally Separated
- wife shall continue using her

name and surname as a
married woman.
Widow
- may use the deceased

husband's surname.
Identity of Name - the younger person shall be

obliged to use such additional name or surname as will avoid
confusion.
Grandsons and other direct male descendants shall either:
1. Add a middle name or the mother's surname
Juan Dela Cruz = Juan Santos Dela Cruz
2. Add the Roman Numerals II, III, and so on.

Juan Dela Cruz = Juan Dela Cruz III
According to the law, only the son can use the word junior in case of
identity of names between ascendants and descendants. 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.
No person can change his name or

surname without judicial authority .
The following are the Grounds for change of First Name or
Nickname as provided in Republic Act 9048.
1.
If the first name or nickname is 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;
and;
3.
The change will avoid confusion.
Who may file a petition for a

change of name?
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.
Where to file?
In the local civil registry office of the
city or municipality where the record
being sought to be corrected or
changed is kept.
Can a person change his name on

the basis of a sex reassignment?
No. Before a person can legally change his given name, he
must present proper or any compelling reason justifying such
change.
Further, under the Civil Registrar law, the sex of a
person is determined at birth, visually done by the examining
the genitals of the infant. Considering that there is no law
legally recognizing sex reassignment, the determination of a
persons sex made a the time of his birth, if not attended by
error is immutable.
SILVERIO V. REPUBLIC
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.
vis--vis
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 fi nally considered his sex as a male
considering that he had no menstruation and no breast as a
woman and was wanting in woman-hormones
USURPATION OF A NAME AND

SURNAME
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.

Use of Surnames: Airiz M. Dela Cruz

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Use of Surnames: Airiz M. Dela Cruz

Uploaded by

Copyright:

Available Formats

USE OF SURNAMES

Articles 364-380 of the Civil Code

AIRIZ M. DELA CRUZ

A Name is said to have the following characteristics :

It is fixed, unchangeable, or immutable;

It is outside the commerce of man; and

(In Re: Petition for Change of Name and/or Correction of Entry

Legitimated Shall principally use

Surname of the adopter

Surname of the father

Children conceived before the Surname of the father

A Married Woman can maintain her name

2. Her maiden first name and her husband's surname.

However, if the marriage has been annulled, or the

- she shall resume her

wife is the innocent

- she may resume her

- wife shall continue using her

- may use the deceased

Identity of Name - the younger person shall be

2. Add the Roman Numerals II, III, and so on.

No person can change his name or

If the first name or nickname is ridiculous, tainted with

The new first name or nickname has been habitually and

The change will avoid confusion.

Who may file a petition for a

Can a person change his name on

USURPATION OF A NAME AND

You might also like