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Republic of the Philippines

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Catanduanes Provincial Office
Virac, Catanduanes

September 16, 2019

SOCORRO V. DELA ROSA, CESO V


Schools Division Superintendent
Division of Catanduanes
Virac, Catanduanes

Thru: LINDA ICARANOM


Administrative Assitant III

Dear Madam:

This relates to the complaint of our client, MRS. MA. ELENA N. HERCER-
MAGNO, Teacher III of your school, that MRS. LINDA ICARANOM refused to
accept the change of surname of our client from MA. ELENA N. HERCER to MA.
ELENA N. HERCER-MAGNO in the rolls of your Division.

It must be noted that under the law, specifically Title XIII, Use of Surname of the
New Civil Code of the Philippines, Article 370 provides 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.”

“Clearly, a married woman has an option, but not a duty, to use the surname of
the husband in any of the ways provided by Article 370 of the Civil Code. She is
therefore allowed to use not only any of the three names provided by the law but
also her maiden name upon marriage. 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. Further, this interpretation is
in consonance with the principle that surnames indicate descent”

Mrs. MA. ELENA N. HERCER-MAGNO has duly submitted with the Division
Office all the documents necessary for the change of her name in the rolls but the
same were not accepted by Mrs. LINDA ICARANOM and contending that she
is already a married woman, so she must use the surname of her husband. As
provided for by the law, it is the married woman-in-interest or involve should
decide or has the right to choose to use the surname of the husband. It is clear
that Mrs. LINDA ICARANOM has no legal standing or any right to intervene
with our client’s choice of using surname.

In view thereof, our client, through this office, respectfully demand for your office
to take action within reasonable period of time from receipt hereof, otherwise we
will be constrained to institute the necessary action against Mrs. LINDA
ICARANOM before the proper court to enforce and protect the rights and
interests of our client.

Thank you.

Respectfully,

JANETH B. ALVAREZ
Public Attorney I

Copy furnished:

Ma. Elena N. Hercer-Magno


Brgy. San Jose (Oco)
Viga, Catanduanes

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