Derly Obtial Alexandra Khadka Danielle Beatrice Goan Emmanuel Emigdio Dumlao Cesar Ruperto Ong

Title: BEYOND THE LETTERS OF THE NAME: EXPLORING THE LEGAL RIGHT IN CHANGING PERSONAL NAMES (RA 9048) IN THE CIVIL REGISTER

Objectives: 1. To determine the history and importance of RA 9048 2. To discuss key issues surrounding RA 9048 Background: On April 22, 2001, Republic Act No. 9048 or 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 a Judicial Order, Amending for this Purpose Articles 376 and 412 of the Civil Code of the Philippines was enacted. Article 376 of the Civil Code provides that "No person can change his name or surname without judicial authority". Article 412 of the same Code provides that "No entry in a civil register shall be changed or corrected, without a judicial order." Republic Act No. 9048 amended Articles 376 and 412. Section 1 of

this amendatory law provides: "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."

Text and Analysis: A. Concept of Personal Name/s a. Usage b. Importance i. Given name ii. Middle Name iii. The surname or family name iv. B. The History of Names and Naming of People a. In General (World View) b. Philippines i. Spanish ii. American iii. Post- Colonial C. Institutionalization of Names and Naming a. Civil Code

i. Article 364 1. Legitimate and legitimated children shall principally use the surname of the father. ii. Article 264 1. Legitimate children shall have the right: a. To bear the surnames of the father and of the mother;

b. To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with Article 291; c. To the legitime and other successional rights which this Code recognizes in their favor. (114) iii. Article 370 1. A married woman may use: a. Her maiden first name and surname and add her husband's surname, or b. Her maiden first name and her husband's surname or c. Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." iv. Article 371 1. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

a. The court decrees otherwise, or b. She or the former husband is married again to another person.

v. Article 372 1. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. vi. Article 373 1. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370. vii. Article 374 1. 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. viii. Article 375 1. 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: a. Add a middle name or the mother's surname, or b. Add the Roman Numerals II, III, and so on. ix. Article 376 of the Civil Code of the Philippines 1. no person can change his name or surname without judicial authority

2.

Judicial proceedings must be undertaken in order to determine whether the petition is meritorious under the circumstances and a consequent grant of change of name or surname must be made

x. Article 377-379 1. Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief. 2. Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter. 3. Art. 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. 4. Art. 380. Except as provided in the preceding article, no person shall use different names and surnames. b. Republic acts/House Bill i. House Bill No. 2373 ii. R.A. 9048 iii. RA 9255 c. Legal Separation i. Elisea Laperal Vs. Republic, Gr. No. L-18008 d. Annulment e. Change of name in birth Certificate i. Name that one habitually uses f. Illegitimate Child

i. RA 9255, An Act Allowing Illegitimate Children To Use The Surname Of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines" 1. 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." ii. Family Code 1. Article 175