S U R N A M E S ( Arts.

364 380 Civil Code )

1. What is the significance of a Family Name? (see- Republic v. Hernandez, 253 SCRA 509)
2. As a gen. rule, whose family name shall be used by a legitimate or legitimated child?
3. Can a legitimate or legitimated child use the surname of her mother rather than her fathers
surname? (See Alfon v. RP, 97 SCRA 861, 1980)
4. Whose family name shall be used by the adopted child?
5. Whose family name shall be used by the illegitimate child? Any exception?
6. If the biological father of a child (not married to the mother) filed a petition for the voluntary
recognition of his illegitimate child as his, and this is approved by the court, does the child now
need to file a petition for change of name to be allowed to use the surname of his father? (seeLeon Santos v. Judge Tria-Tirona, CA-GR No. 35452-SP, Jan. 27, 1995; Differ this case with
the decision in Mossessgeld v. CA, 300 SCRA 464 ref: p. 277 Pineda, Vol. 1, 2010 ed.)
7. Can the adoption and change of name be joined in a single proceeding? (Republic v.
Hernandez, 253 SCRA 509)
8. Whose surname shall be used primarily by a child conceived before the annulment of a
voidable marriage?
9. If a woman gets married, what are her options with regard to the use of her husbands
surname? (Art. 370; Remo v. Sec. of Foreign Affairs, GR No. 169202, March 5, 2010; Yasin v.
Judge, Sharia District Court, 241 SCRA 606)
10. Can a married woman validly opt continue using her own maiden and family name despite
married?
11. Is the use of the husbands surname exclusive to the wife and excludes other women from
using the same? (see: Silva v. Peralta, 110 Phil. 571 vs. the case of Tolentino v. CA, 162
SCRA 66)
12. What are the rules as to the use of her husbands surname when the marriage is annulled?
(See: Art. 371)
13. What is the rule as to the use of her husbands surname once the wife is legally separated
from her husband? Is the guilt or innocence of the wife in legal separation material in the use
of the husbands surname, as it is in annulment of marriage? (See: Art. 372; Laperal v. RP, 6
SCRA 357)
14. What are the options of the wife regarding the use of the surname of her husband after his
death? (Art. 373)
15. Can a person change his/her First name or Nickname? If so, on what ground/s? (See Art.
376; Haw Liong v. RP, 16 SCRA 677; Silverio v. RP 537 SCRA 373)
16. What are the legally acceptable grounds for a JUDICIAL petition for change of SURNAME?
How is it different from mere change of first name of nickname?
See: Yu v. RP, 17 SCRA 253; Yap Ek Siu v. RP, 27 SCRA 1114; RP v. CA, 209 SCRA 189;
Oan v RP, 102 Phil. 470; RP v. Marcos, 182 SCRA 223; RP v. Capote 514 SCRA 76
17. What is the amendment to Art. 376 effected by RA No. 9048 re clerical or typographical error?
18. What is the legal recourse against a person who usurps the name and surname, or only the
surname of another? (Art. 377, 378)
19. Is the use of pen names or stage name permitted by law? What are its limitations? (Art. 379)
Or: Are pen names or stage names also protected by law? (id) When should it be protected?
20. Is a person allowed to use different names and surnames a gen. rule? Exception? (Art. 380)
o See Anti-Alias Law (CA No. 142); Chang v. RP, 123 Phil. 529; Tan v. RP, 114 Phil. 1070;
People v. Uy Sui Po, 102 Phil. 679.
References:
1. Pineda, Vol. 1, 2010 Ed., pp. 273-298
2. Sta. Maria, 2015, pp. 971-988