I Persons and Family Relations l Atty.

Randi Torregosa

Note: Legitimate and illegitimate filiation is fixed by

Title VI law and cannot be left to the will of the parties or the
Paternity and Filiation declaration of physician or midwife (Angeles v
Maglaya)
CHAPTER 1
2. by adoption (details are in Title VII)
Paternity and Filiation refers to the relationship or
tie which exists between parents and their children. Article 166 Grounds on how to impugn the
legitimacy if a child.
Article 163 Filiation of Children
Article 164 Legitimate Children 1.) Physically Impossible for the husband to
Article 165 Illegitimate Children have sexual intercourse (within first 120-300
days)
2 Ways of Filiation of Children a. Physical incapacity
b. Living separately
1. by nature c. Serious illness of the husband
a. Legitimate Children 2.) Biological or scientific reasons
*Children conceived or born during the Except artificial insemination (lawful
marriage of the parents. with consent of both spouses)
*Children conceived as a result of 3.) Artificial insemination
artificial insemination. (authorized by  authorization was obtained through
BOTH spouse) mistake, fraud, violence, intimidation or
undue influence
Two Types of Artificial Insemination
1. Homologous Insemination – is the Note: In so far, that ANY grounds are proven in Art.
process by which a wife is artificially 166
impregnated with the semen of her Relations between
husband. a. husband and children – NOT
Procedure: AID (Artificial RELATED
Insemination Donor) b. wife and children – ILLEGITIMATE
Maybe consensual (with consent of
husband) or Article 167 Child legitimate even the mother
nonconsensual (without consent of declared its legitimacy or sentenced as adulteress.
husband) *can be applied only to the natural mother
2. Heterologous Insemination- is the Article 168
process by which a wife is artificially Marriage terminated and the mother
impregnated with the semen of other contracted another marriage WITHIN 300 days after
man. such termination. RULES that shall govern are the
ff:
Note: No criminal liability for adultery of the wife
artificially inseminated without the consent of 1. Child born BEFORE 180 days
husband. considered to have been conceived in
Since, no sexual intercourse was involved to the former marriage
consummate the act of adultery. 2. Child born AFTER 180 days considered
to have been conceived during such
Status of an artificially inseminated child: marriage.
Is a legitimate child provided: (Art. 164)
1. Both of the spouses authorized or ratified Note: The law fixes the period of 300 days as the
in a written instrument executed and longest gestation period for a child inside the womb
signed BEFORE the birth of the child. of the mother and 180 days as the shortest gestation
2. The instrument is recorded in the civil period.
registry together with the birth certificate
of the child. Article 169
The legitimacy or illegitimacy of the child
If the instrument is obtained by fraud, born AFTER 300 days ff the termination of the
mistake, violence, intimidation or undue marriage shall be proved by whoever alleges such
influence – Husband may impugn the legitimacy or illegitimacy.
legitimacy of the child.
Article 170
b. Illegitimate Children The period of action to impugn the legitimacy
*Children conceived and born outside a of the child:
valid marriage.  They reside at the place of birth
1
I Persons and Family Relations l Atty. Randi Torregosa

1 year from the knowledge of birth or its

recording in the civil register by HUSBAND Lucas v Lucas
or HEIRS  Action in personam – is lodged against a
 They did not reside at the place of
person based on personal liability
birth
 Action in rem – is directed against the thing
a. Anywhere in the PHILIPPINES
2 years itself instead of the person
b. ABROAD Example: A petition directed against the
3 years “thing” itself or the res, which concerns the
c. IF CONCEALED from husband or status of a person, like a petition for
heirs, adoption, annulment of marriage or
The period shall be counted from the correction of entries in the birth certificate.
discovery or knowledge of the birth or  Action quasi in rem – names of person as
the fact of registration defendant but its object is to subject that
Article 171 person’s interest in a property to
Grounds when HEIRS can impugn the filiation of corresponding lien or obligation
the child within the period prescribed by law: IF
Husband,
1.) dies BEFORE the expiration of the period Note: A petition to establish filiation is an action in
fixed rem.
2.) dies AFTER the filing of the complaint,
WITHOUT having desisted therefrom; Article 174
3.) the child was BORN after the death of the RIGHTS of legitimate children:
husband. 1. BEAR the surname of the father and the
mother
NOTE: Impugning the legitimacy of the child is 2. RECEIVE support from their parents,
strictly a personal right and cannot be set up by way ascendants, brothers, sisters
of a defense or as a collateral issue. 3. ENTITLE to the legitime and other
In the event, a child is born out of the wife successional rights.
paramour, the child is considered legitimate
between husband and wife. ONLY the HUSBAND DIFFERENCES OF RIGHTS
can do a direct action to IMPUGN the child. If the
paramour would file an action of custody of the child, RIGHTS OF RIGHTS OF
such will be DISMISSED. LEGITIMATE ILLEGITIMATE
CHILDREN CHILDREN
CHAPTER 2  Whole lifetime to  On his/her lifetime
PROOF OF FILIATION file an action of to file an action
his/her WITHIN THE
Article 172 legitimacy LIFETIME of the
Filiation of the LEGITIMATE CHILDREN is REGARDLESS parent.
established in the ff grounds. of what type of  An action to claim
1. record of birth in civil register or final proofs his/her status is
judgement  An action to NOT
2. admission of legitimate filiation in public claim his/her TRANSMISSIBLE
document or a private handwritten legitimacy can to heirs.
instrument – signed parent concerned be  Can receive
In case of absence of foregoing evidence: TRANSFERRE support ONLY UP
1. open and continuous possession of the D to the heirs to his/her
status  Can receive grandparents and
2. any other means allowed by Rules of support from his/her
Court and special laws ANY of his/her grandchildren -
Article 173 ascendanst/des Art. 195(2) &(3)
Claim of legitimacy may be brought by the cendants (Art.  Legitime must
child during his/her lifetime – transmitted to heirs if 195 & 199) consist of one-half
the  Bears the (½) of the legitime
(1) child dies out of minority (2) in a state of surname of the of a legitimate
insanity (3) after the action had already FATHER child. (Art. 176)
been instituted.  Has the RIGHT  Bears the
Heirs shall have 5 years to institute the action. to inherit ab surname of the
Action – COMMENCED by the child shall intestate from MOTHER
survive notwithstanding the death of either or both relatives  NO RIGHT to
the parties. inherit ab intestato

2
I Persons and Family Relations l Atty. Randi Torregosa

from the legitimate (essential and mandatory)

children and 1. The parents DO NOT SUFFER any legal
relatives of his impediment or are DISQUALIFIED to marry
father or mother bec. Either one or both is below 18 yrs. old
at the time of the conception of the mother;
CHAPTER 3 2. The child is conceived and born outside of a
ILLEGITIMATE CHILDREN VALID marriage.
3. The parents subsequently ENTER into a
Article 175 same grounds with the legitimate VALID marriage. –last step by operation of
children law.
(see.Art. 173)
 Same period in Art 173 or Article 181
 During the lifetime of the alleged The legitimation of children who died
parent. (Art. 172, paragraph 2) BEFORE the celebration of marriage shall BENEFIT
Rule 130, Section 39: their descendants.
Act or declaration about pedigree
Includes, relationship, family genealogy, Article 182
birth, marriage, death, dates when and Legitimation can be impugned ONLY by
places these facts occur and names of the those who are prejudiced in their rights, WITHIN five
relatives. (5) years from the time their cause of action accrues.

“rights” generally refers to successional

Article 176 rights

Illegitimate children shall use the SURNAME and

under PARENTAL authority of the MOTHER. Title VII
SURNAME of the Father if:
1. Filiation is recognized by the father through Adoption, its effects and consequences
record of birth or
2. Private handwritten instrument is made by CHAPTER 2
the father
The legitime of the illegitimate child shall consist Inter-country Adoption – socio-legal process of:
one-half of that of a legitimate child. 1. Adopting a Filipino child by a foreign
national; or
2. Filipino citizen permanently residing abroad
CHAPTER 4 where petition of adoption was filed.
LEGITIMATED CHILDREN a. Decree of Adoption is issued in the
foreign country where applicant
Article 177 reside, thereby creating permanent
Children conceived and born outside of parent-child relationship between
wedlock of parents who, at the time of conception of child and adoptive parents
former, were NOT DISQUALIFIED by any
impediment to marry each other, or were Section 2.
DISQUALIFIED only because either or both of them Declaration of Policy
were below 18 yrs.old, may be LEGITIMATED. ( as It is hereby declared the policy of the State to provide
amended by RA 9858) every neglected and abandoned child with family
that will provide such child with love and care as well
Article 178 as opportunities for growth and development.
Legitimation shall take place by a Towards this end, efforts shall be exerted to place
SUBSEQUENT VALID MARRIAGE between the child with an adoptive family in the Philippines.
parents. The ANNULMENT of a voidable marriage However, recognizing that inter-country adoption
shall not affect the legitimation. may be considered as allowing aliens, not presently
allowed by law to adopt Filipino children if such
Article 179 children cannot be adopted by qualified Filipino
Legitimated children shall enjoy the same citizens or aliens, the State shall take measures to
rights as legitimate chidren. ensure that inter-country adoptions are allowed
when the same shall prove beneficial to the child’s
Article 180 best interest, and shall serve and protect his/her
The effects of the legitimation shall fundamental rights.
RETROACT to the time of the child’s birth.

REQUIREMENTS IN THE PROCESS OF

LEGITIMATION
3
I Persons and Family Relations l Atty. Randi Torregosa

Sec. 8. 9. possesses all the qualifications and none of

Who May be Adopted. the disqualifications provided herein and in
Only a legally free child may be the subject of inter- other applicable Philippine laws
country adoption. In order that such child may be For married, he or she must file jointly with his or her
considered for placement, the following documents spouse who shall have same qualification and none
must be submitted to the Board: of the disqualification.
1. Child study;
2. Birth certificate/foundling certificate; Section 10.
3. Deed of voluntary commitment/decree of Where to File Application.
abandonment/death certificate of parents;
4. Medical evaluation /history; 1. Philippine Regional Trial Court having
5. Psychological evaluation, as necessary; and jurisdiction over the child,
6. Recent photo of the child. 2. Board, through an intermediate agency,
whether governmental or an authorized and
accredited agency, in the country of the
Qualified Children – Any child who has been prospective adoptive parents, which
voluntarily or involuntarily committed by the Dept as application shall be in accordance with the
dependent, abandoned, or neglected. requirements as set forth in the implementing
In case of voluntary committed – there is a rules and regulations to be promulgated by
physical transfer of the child shall be made not the Board
earlier than 6 months from the date of Deed of
Voluntary Commitment executed by the biological Form of application- shall be in prescribed form by
parents. the board. Must include undertaking under oath
Section 9. signed by the Applicant. Must also include that
should the adoption not be approved or if any reason
Who May Adopt.
Sec. 14.
An alien or a Filipino citizen permanently residing
abroad may file an application for inter-country Supervision of Trial Custody.
adoption of a Filipino child if he/she: The governmental agency or the authorized and
1. Is at least twenty-seven (27) years of age accredited agency in the country of the adoptive
and at least sixteen (16) years older than the parents which filed the application for inter-country
child to be adopted, at the time of application adoption shall be responsible for the trial custody
unless the adopter is the parent by nature of and the care of the child. It shall also provide family
the child to be adopted or the spouse of such counseling and other related services. The trial
parent: custody shall be for a period of six (6) months from
2. if married, his/her spouse must jointly file for the time of placement. Only after the lapse of the
the adoption; period of trial custody shall a decree of adoption be
3. has the capacity to act and assume all rights issued in the said country a copy of which shall be
and responsibilities of parental authority sent to the Board to form part of the records of the
under his national laws, and has undergone child.
the appropriate counseling from an During the trial custody, the adopting parent(s) shall
accredited counselor in his/her country; submit to the governmental agency or the authorized
4. has not been convicted of a crime involving and accredited agency, which shall in turn transmit
moral turpitude a copy to the Board, a progress report of the child's
5. is eligible to adopt under his/her national law; adjustment. The progress report shall be taken into
6. is in a position to provide the proper care and consideration in deciding whether or not to issue the
support and to give the necessary moral decree of adoption.
values and example to all his children,
including the child to be adopted; The Department of Foreign Affairs shall set up a
7. agrees to uphold the basic rights of the child system by which Filipino children sent abroad for trial
as embodied under Philippine laws, the U.N. custody are monitored and checked as reported by
Convention on the Rights of the Child, and to the authorized and accredited inter-country adoption
abide by the rules and regulations issued to agency as well as the repatriation to the Philippines
implement the provisions of this Act; of a Filipino child whose adoption has not been
8. comes from a country with whom the approved.
Philippines has diplomatic relations and
Transfer of the Child – Trial custody shall start
whose government maintains a similarly
upon physical transfer of the child to the applicant
authorized and accredited agency and that
adoption is allowed under his/her national Supervision of Pre-adoptive Placement – the
laws; and foreign adoption agency shall be responsible for the
pre-adoptive placement, care and family counseling
4
I Persons and Family Relations l Atty. Randi Torregosa

for the child for at least 6 months from the arrival of What comprises Support? (Art. 194)
the child to the adoptive parents. And shall furnish It comprises everything indispensable for:
the Board reports. 1) Sustenance
2) Dwelling
Emergency report – During the trial custody the 3) Clothing
foreign adoption agency shall notify the Board any 4) Medical Attendance
accident that may result in a serious impairment of 5) Education
the relationship of the child and adoptive parents or 6) Transportation
any ailment or injury suffered by the child as soon as NOTE:
possible not later that 72 hours after the incident. Education – includes his schooling/training for
Termination of Pre-adoptive Relationship – if some profession, trade or vocation, even beyond
found unsatisfactory by the child or the applicant, or age of majority.
both, of if the foreign adoption agency found that it is  Schooling – formal education
not in the child’s best interest, may be suspended by  Training – non-formal education
the Board and the foreign adoption agency will be Transportation – expenses in going to and from
the child’s temporary care. school, or to and from place of work.

No termination of pre-adoptive relationship shall be Who are obliged to each other? (Art. 195)
made unless the foreign adoption agency has 1) Spouses
exhausted all means to remove the cause of the 2) Legitimate ascendants and descendants
unsatisfactory 3) Parents and their legitimate children and
New placement – in the event of termination, the the legitimate and illegitimate children of the
Board shall identify from the Roster of Applicants a latter
qualified family to adopt the child. In case of absence 4) Parents and their illegitimate children and
of suitable applicants, the foreign adoption agency the legitimate and illegitimate children of the
may propose a replacement family for the latter
consideration of the Board. And should with the 5) Legitimate brothers and sisters, whether of
child’s consent having regard in particular to his/her full or half-blood.
age and level of maturity. Support is MANDATORY in nature
Family Code did not adopt this provision:
Repatriation of the Child – Shall be the last resort
if found by the Board to be the in best interest of the Article 301 (CIVIL CODE)
child if the Board and Foreign Adoption Agency fails The right to receive support cannot be renounced
to find a replacement parent. nor can it be transmitted to a third person xxx the
same cannot be waived, renounced, transmitted or
Consent to Adoption – If a satisfactory pre- compensated as such obligation is necessary for
adoptive relationship is formed, the Board shall the existence, survival and well-being of the
transmit the written consent to the adoption individual ought to be supported.
executed by the Department to the foreign adoption
agency within 30 days upon receipt.
Filing of petition for adoption – applicants shall file Despite the non-adoption of the preceding provision
petition with a proper court or tribunal in the country in the Family Code, the waiver, renunciation,
where the applicant resides within 6 months after transmission or compensation of the right to receive
completion of trial custody. support CANNOT still be done for it violates the law,
public policy pursuant to Article 6 of the Civil Code.
Decree of Adoption – a copy of Final decree of Brothers and sisters NOT legitimately related
Adoption of the child including cert of are entitled to support each other (Art. 196)
citizenship/naturalization, shall be transmitted by the
foreign adoption agency to the board within 1 month Exception - When the need for support of brother or
after issuance. sister, being of age, is due to a cause imputable to
the claimant’s fault or negligence.
Effect to exception - Support does not become a
Title VIII Support demandable right and may not be given at all.
Articles 194-208 Source of Support (Art. 197)
Separate property of the person obliged
What is support?
 in favor of his or her legitimate ascendants,
As a general rule, it includes whatever is necessary
legitimate or illegitimate descendants, brothers
to keep a person alive.
and sisters whether legitimately or illegitimately
Natural Support – basic necessities
related.
Civil Support – anything beyond the basic
ACP or CPG (Art. 94[1] and Art. 121[1])
necessities
 if legitimate descendants are common children or
legitimate children of either spouses

5
I Persons and Family Relations l Atty. Randi Torregosa

 if support of the spouses clear that the money or property received as

support cannot be made to satisfy any judgement
o in the absence of ACP or CPG, take from against the recipient. It cannot be attached nor be
income or fruits of the separate property of the subject to execution.
obligor-spouse and, in case of sufficiency or
absence of said income or fruits, we take from
the obligor-spouse’s separate property itself. PART 3 NEW CIVIL CODE PROVISIONS
(Art. 70) Title I Funerals
Not entitled to be supported
 a particular spouse leaves the home without just Funeral, New Civil Code Arts. 305-310
cause (Art. 100[1] and Art. 127[1])
Support Pendente Lite (Art. 198) The duty and the right to make arrangements
During the proceedings for legal separation or for for the funeral of a relative shall be in accordance
annulment of marriage, and for declaration of nullity with the order established for support, under Article
of marriage, the spouses and their children shall be 294 (Art. 305):
supported by ACP or CPG. 1. Spouse
After final judgement, obligation of mutual support 2. Descendants in the nearest degree. In case of
ceases. Except legal separation where courts may descendants of the same degree, or of brothers
order guilty spouse to give support to the innocent and sisters, the oldest shall be preferred.
one. 3. The ascendants in the nearest degree. In case of
How to obtain Support Pendente Lite? ascendants, the paternal shall have a better right
Rule 61 of 1997 Rules of Civil Procedure 4. The brothers and sisters.
Section 1. Application - File verified application for 5. Municipal authorities – if there are no persons
the claim and the financial condition of both parties. who are bound to support or if such persons are
at the commencement of the proper action or without means.
proceeding, or at any time prior to the judgement or
final judgement. NATURE OF FUNERAL: Every funeral shall be in
Section 2. Comment - Copy of application shall be keeping with the social position of the deceased.
served upon the adverse party who shall have 5 (Art. 306)
days to comment (shall be verified accompanied by
affidavits, depositions, or other authentic document The funeral shall be:
as support). 1. In accordance with the expressed wishes of the
Section 3. Hearing - Trial within three days after deceased.
comment or expiration of period for its filing. 2. In the absence of such expression, his religious
Section 4. Order – If application is granted, court beliefs or affiliation shall determine the funeral rites.
will fix amount to be provisionally paid taking into 3. In case of doubt, the form of the funeral shall be
account the necessities of the applicant. If denied, decided upon by the person obliged to make
principal case shall be tried and decided ASAP. arrangements for the same, after consulting the
Section 5. If adverse party fails to comply such other members of the family (Art. 307)
pendente lite, court shall issue order of execution. If
same party still doesn’t comply, any third party may Note: No human remains shall be retained,
furnish the support, and is subject obtain writ of interred, disposed of or exhumed without the
execution to enforce reimbursement against obligor. consent of the persons mentioned in articles 294
When two or more persons are obliged to and 305. (Art. 308)
support (Art. 199)
Liability then shall devolve upon the following Damages: Any person who shows disrespect to the
persons in the order herein provided: dead, or wrongfully interferes with a funeral shall be
1) the spouse liable to the family of the deceased for damages,
2) the descendants in the nearest degree material and moral (Art. 309)
3) the ascendants in the nearest degree
4) brothers and sisters Funeral Expenses: The construction of a
In the presence of the spouse, those under the list tombstone or mausoleum shall be deemed a part of
shall not be necessary. the funeral expenses, and shall be chargeable to
When obligation to support falls upon two or the conjugal partnership property, if the deceased
more person, payment shall be DIVIDED (Art. is one of the spouses (Art. 310).
200)
Such payment shall be divided between them in GUIDELINES IN MAKING FUNERAL
proportion to the resources of each. ARRANGEMENTS
Exemption from Attachment or Executiion 1. The persons who are preferred in the right to
(Art. 205) make funeral arrangements may waive the right
Anything obtained by way of support necessarily expressly or impliedly in which case the right and
implies provisions made for the survival and well- duty immediately descend to the person next in the
being of the recipient. Hence, the law makes it very order.
6
I Persons and Family Relations l Atty. Randi Torregosa

2. It must be in keeping with the social position of (a) Her maiden first name and surname and
the deceased. add her husband's surname, or
3. Law shall prevail over the will of the persons who (b) Her maiden first name and her
have the right to control the burial of deceased – husband's surname or
exhumation, evidential purpose, disposition of (c) Her husband's full name, but prefixing a
corpse by deceased, mutilation of corpses and word indicating that she is his wife, such as "Mrs."
autopsies.
4. Corpses which are to be buried at public Tolentino: The wife cannot claim an exclusive right
expenses may also be used for scientific purposes to use the husband’s surname. She can’t be
under certain conditions. prevented from using it; but neither can she restrain
5. Expressed wishes of the deceased is given others from using it.
priority provided that it is not contrary to law and
must not violate the legal and reglementary 2. In case of annulment of marriage, and the wife is
provisions concerning funerals and disposition of the guilty party, she shall resume her maiden name
the remains (time, manner, place or ceremony) and surname. If she is the innocent spouse, she
6. In the absence of expressed wishes, his religious may resume her maiden name and surname.
beliefs or affiliation shall determine the funeral However, she may choose to continue employing
rights. her former husband's surname, unless (Art. 371):
7. In case of doubt, the persons in Art. 199 shall (a) The court decrees otherwise, or
decide. (b) She or the former husband is married
8. Any person who disrespects the dead or again to another person.
interferes with the funeral shall be liable for material
and moral damages. 3. When legal separation has been granted, the
wife shall continue using her name and surname
Title II Use of Surnames employed before the legal separation. (Art. 372)

CHARACTERISTICS OF A NAME 4. A widow may use the deceased husband's

surname as though he were still living, in
1. It is absolute, intended to protect the individual accordance with Article 370. (Art 373)
from being confused with others.
2.It is obligatory in certain respects, for nobody can
be without a name. Article 371-By a legally separated wife
3. It is fixed, unchangeable, or immutable, at least
at the start, and maybe changed only for good When marriage is annulled
cause and by judicial proceedings.
4.It is outside the commerce of man, and therefore Wife – guilty spouse
inalienable and intransmissible by act inter vivos or
mortis causes. -Shall resume using her maiden name and
5.It is imprescriptible surname

-Not allowed to use the surname of her husband

SURNAMES OF CHILDREN

1. Legitimate and legitimated children shall Wife – innocent spouse

principally use the surname of the father. (Art. 364)
2. An adopted child shall bear the surname of the Options:
adopter. (Art. 365)
1. to use her maiden name and surname
3. A natural child acknowledged by both parents
2. to continue to use her husband’s surname
shall principally use the surname of the father. If
EXC:
recognized by only one of the parents, a natural
child shall employ the surname of the recognizing  if the court decrees otherwise or,
parent. (Art 366)  she or the former husband is remarried to
4. Natural children by legal fiction shall principally another person
employ the surname of the father (Art. 367) Note: The use of husband’s surname after the
5. Illegitimate children referred to in Article 287 annulment of the marriage is permissive and not
shall bear the surname of the mother. (Art 368) obligatory.
6. Children conceived before the decree annulling a
voidable marriage shall principally use the surname -Since the use of the husband’s surname is
of the father. (Art. 369) optional, the wife may use back her maiden name
and surname after the marriage is annulled without
WIFE AFTER AND DURING MARRIAGE need of judicial authorization.
1. A married woman may use (Art. 370):

7
I Persons and Family Relations l Atty. Randi Torregosa

-The filing of a petition to resume the use of her -passed by the House of Representatives on
maiden name is a superfluity and an February 7, 2001 and by the Senate on
unnecessary proceeding February 8, 2001

Article 372. When legal separation has been -signed into law by Pres. Gloria Macapagal-
granted, the wife shall continue using her name and Arroyo on March 22, 2001
surname employed before the legal separation.
 Changing one’s name or surname is not a
In legal separation: matter of right but a matter of privilege.

- marriage is not entirely dissolved  must show proper or reasonable cause or any
- spouses are only separated by the “bed compelling reason which may justify such
and the board” change

 in effect, wife cannot use back her maiden A change of name or nickname can be effected
name given that she is using her husband’s only through the office of the local civil registrar
surname before legal separation. reviewable by the office of the Civil Registrar
General and finally by the courts.
Article 373. A widow may use the deceased
husband’s surname as though he were still living, in Note: Under R.A. 9048, clerical or typographical
accordance with Article 370. errors in the birth certificate can already be
changed or corrected now without a need of judicial
 A widow may continue to use the surname order.
of her deceased husband as if he was still
alive. A petition for correction of clerical or typographical
 Must insert “Vda. de” before the surname errors can now be filed by any interested person in
of the deceased husband. the Office of the Local Civil Registrar of the place
where the record being sought to be corrected is
Ex: Maria Kordapya Vda. de Santos kept.
Article 374. In case of identity of names and  If petitioner has already migrated to another
surnames, the younger person shall obliged to use place in the country
such additional name or surname as will avoid
confusion. - may file the petition in the local civil
registrar of the place where he is presently
Article 375. In case of identity of names and residing and the said registrar will
surnames between ascendants and descendants, communicate with the registrar of the place
the word “Junior” can be used only by a son. where the birth certificate of the petitioner is
Grandsons and other direct male descendants shall recorded to facilitate the processing of the
either: petition

(1) Add a middle name or the mothers’ surname, or  If petitioner is already residing in a foreign
(2) Add the Roman numerals II, III, and so on. country
- may file the petition, in person, with the
If father wants his son to carry his name and
nearest Philippine Consulate
surname
“Junior” or “Jr.” must be added. Note: All petitions for the correction of clerical or
-to distinguish the son from his father typographical errors and/or change of first name or
nicknames may be availed for only once (R.A.
If: Son who is a Jr. Wants to honor the Grandfather-
9048, Sec. 3).
Grandchild - (must add to his name a middle name
or add the Roman numerals II, III, etc.)

Change of name No law allows the change of entry in the birth

certificate as to sex on the ground of sex
Article 376. No person can change his name or
reassignment.
surname without judicial authority.
- Under R.A. 9048, a correction in the civil registry
 Art.376 and 412 of NCC amended by R.A. No.
involving the change of sex is not a mere clerical or
9048 “An Act Authorizing the City or
typographical error – it is a substantial change for
Municipal Civil Registrar or the Consul
which the applicable procedure is Rule 108 of the
General to Correct a Clerical or
Rules of Court
Typographical Error in an Entry and/or
Change of First Name or Nickname in the - Also, the said law does not sanction a change of
Civil Register Without Need of Judicial first name on the ground of sex reassignment
Order.” (Silverio vs. Republic, 537 SCRA 373).
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I Persons and Family Relations l Atty. Randi Torregosa

Change of name or nickname - can now be It consists in the possibility of confusion xxx
effected without judicial authorization. between the owner and the usurper

This may be allowed in any of the following cases:  usurpation of name implies some injury to the
interests of the owner of the name
(1.) The petitioners finds the first name or
nickname to be ridiculous, tainted with GR: action for damages may be filed against
dishonour or extremely difficult to write or anyone who usurps a name or surname of another
pronounce
UNAUTHORIZED USE OF SURNAMES
(2.) The new first name or nickname has
been habitually and continuously used by the Article 378. The unauthorized or unlawful use of
petitioner and he has been publicly known by another person’s surname gives a right of action to
the first names or nicknames in the community the latter.

(3.) The change will avoid confusion PEN NAME OR STAGE NAME
(Sec. 4, Ibid). 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.
Note: what is allowed by law to be changed without Pen names and stage names cannot be usurped.
judicial authorization is a change of first name or
nickname only and not a change of surname A person may use a pen name or stage
name provided it is done in good faith and there is
The latter is not covered by R.A. 9048, thus, a no injury to third person
change of surname still requires judicial order
Once used, it cannot be usurped by other
persons, otherwise, the usurper may be enjoined
Petition shall be done in affidavit form, subscribed and held liable for damages.
and sworn to before a person authorized to
A person cannot use a different name and
administer oath.
surname than that stated in his birth certificate
It must be supported by documentary exhibits, and except the use of pen name or stage name
in the case of change of first name or nickname, mentioned in Article 379 hereof.
the petition shall be published: USE OF ALIAS NAMES
 at least once a week for two (2) consecutive Article 380. Except as provided in the preceding
weeks in a newspaper of general circulation. article, no person shall use different names and
 The petition shall be posted in conspicuous surnames.
places for ten (10) days.
 use of a fictitious name or a different name
 After the completion of the posting and belonging to another person in a single
publication requirement, the Local Civil instance without any sign or indication that the
Registrar must render a decision not later than user intends to be known by this name in
five (5) days thereof. addition to his real name from that day forth
does not fall within the prohibition contained in
 A copy of the decision must be furnished to C.A. No. 142, as amended by R.A. 6085.
the Office of the Civil Registrar General and
the latter has ten (10) days to affirm or reverse
the said decision.
 If, the Civil Registrar General fail to reverse the
decision of the Local Civil Registrar within the
period of 10 days, the said decision is deemed
affirmed.
 In case of reversal, the petitioner may seek
reconsideration of the decision of the Civil
Registrar General or file the appropriate
petition in the proper court.
USURPATION OF NAME

Article 377. Usurpation of a name and

surname may be the subject of an action for
damages and other relief
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