I Persons and Family Relations l Atty.
Randi Torregosa
Title VI
Paternity and Filiation
CHAPTER 1
Paternity and Filiation refers to the relationship or
tie which exists between parents and their children.
Article 163 Filiation of Children
Article 164 Legitimate Children
Article 165 Illegitimate Children
2 Ways of Filiation of Children
1. by nature
a. Legitimate Children
*Children conceived or born during the
marriage of the parents.
*Children conceived as a result of
artificial insemination. (authorized by
BOTH spouse)
Two Types of Artificial Insemination
1. Homologous Insemination – is the
process by which a wife is artificially
impregnated with the semen of her
husband.
Procedure: AID (Artificial
Insemination Donor)
Maybe consensual (with consent of
husband) or
nonconsensual (without consent of
husband)
2. Heterologous Insemination- is the
process by which a wife is artificially
impregnated with the semen of other
man.
Note: No criminal liability for adultery of the wife
artificially inseminated without the consent of
husband.
Since, no sexual intercourse was involved to
consummate the act of adultery.
Status of an artificially inseminated child:
Is a legitimate child provided: (Art. 164)
1. Both of the spouses authorized or ratified
in a written instrument executed and
signed BEFORE the birth of the child.
2. The instrument is recorded in the civil
registry together with the birth certificate
of the child.
If the instrument is obtained by fraud,
mistake, violence, intimidation or undue
influence – Husband may impugn the
legitimacy of the child.
b. Illegitimate Children
*Children conceived and born outside a
valid marriage.
Note: Legitimate and illegitimate filiation is fixed by
law and cannot be left to the will of the parties or the
declaration of physician or midwife (Angeles v
Maglaya)
2. by adoption (details are in Title VII)
Article 166 Grounds on how to impugn the
legitimacy if a child.
1.) Physically Impossible for the husband to
have sexual intercourse (within first 120-300
days)
a. Physical incapacity
b. Living separately
c. Serious illness of the husband
2.) Biological or scientific reasons
Except artificial insemination (lawful
with consent of both spouses)
3.) Artificial insemination
 authorization was obtained through
mistake, fraud, violence, intimidation or
undue influence
Note: In so far, that ANY grounds are proven in Art.
166
Relations between
a. husband and children – NOT
RELATED
b. wife and children – ILLEGITIMATE
Article 167 Child legitimate even the mother
declared its legitimacy or sentenced as adulteress.
*can be applied only to the natural mother
Article 168
Marriage terminated and the mother
contracted another marriage WITHIN 300 days after
such termination. RULES that shall govern are the
ff:
1. Child born BEFORE 180 days
considered to have been conceived in
the former marriage
2. Child born AFTER 180 days considered
to have been conceived during such
marriage.
Note: The law fixes the period of 300 days as the
longest gestation period for a child inside the womb
of the mother and 180 days as the shortest gestation
period.
Article 169
The legitimacy or illegitimacy of the child
born AFTER 300 days ff the termination of the
marriage shall be proved by whoever alleges such
legitimacy or illegitimacy.
Article 170
The period of action to impugn the legitimacy
of the child:
 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
children and
relatives of his
father or mother
CHAPTER 3
ILLEGITIMATE CHILDREN
Article 175 same grounds with the legitimate
children
(see.Art. 173)
 Same period in Art 173 or
 During the lifetime of the alleged
parent. (Art. 172, paragraph 2)
Rule 130, Section 39:
Act or declaration about pedigree
Includes, relationship, family genealogy,
birth, marriage, death, dates when and
places these facts occur and names of the
relatives.
Article 176
Illegitimate children shall use the SURNAME and
under PARENTAL authority of the MOTHER.
SURNAME of the Father if:
1. Filiation is recognized by the father through
record of birth or
2. Private handwritten instrument is made by
the father
The legitime of the illegitimate child shall consist
one-half of that of a legitimate child.
CHAPTER 4
LEGITIMATED CHILDREN
Article 177
Children conceived and born outside of
wedlock of parents who, at the time of conception of
former, were NOT DISQUALIFIED by any
impediment to marry each other, or were
DISQUALIFIED only because either or both of them
were below 18 yrs.old, may be LEGITIMATED. ( as
amended by RA 9858)
Article 178
Legitimation shall take place by a
SUBSEQUENT VALID MARRIAGE between
parents. The ANNULMENT of a voidable marriage
shall not affect the legitimation.
Article 179
Legitimated children shall enjoy the same
rights as legitimate chidren.
Article 180
The effects of the legitimation shall
RETROACT to the time of the child’s birth.
REQUIREMENTS IN THE PROCESS OF
LEGITIMATION
(essential and mandatory)
1. The parents DO NOT SUFFER any legal
impediment or are DISQUALIFIED to marry
bec. Either one or both is below 18 yrs. old
at the time of the conception of the mother;
2. The child is conceived and born outside of a
VALID marriage.
3. The parents subsequently ENTER into a
VALID marriage. –last step by operation of
law.
Article 181
The legitimation of children who died
BEFORE the celebration of marriage shall BENEFIT
their descendants.
Article 182
Legitimation can be impugned ONLY by
those who are prejudiced in their rights, WITHIN five
(5) years from the time their cause of action accrues.
“rights” generally refers to successional
rights
Title VII
Adoption, its effects and consequences
CHAPTER 2
Inter-country Adoption – socio-legal process of:
1. Adopting a Filipino child by a foreign
national; or
2. Filipino citizen permanently residing abroad
where petition of adoption was filed.
a. Decree of Adoption is issued in the
foreign country where applicant
reside, thereby creating permanent
parent-child relationship between
child and adoptive parents
Section 2.
Declaration of Policy
It is hereby declared the policy of the State to provide
every neglected and abandoned child with family
that will provide such child with love and care as well
as opportunities for growth and development.
Towards this end, efforts shall be exerted to place
the child with an adoptive family in the Philippines.
However, recognizing that inter-country adoption
may be considered as allowing aliens, not presently
allowed by law to adopt Filipino children if such
children cannot be adopted by qualified Filipino
citizens or aliens, the State shall take measures to
ensure that inter-country adoptions are allowed
when the same shall prove beneficial to the child’s
best interest, and shall serve and protect his/her
fundamental rights.
3
I Persons and Family Relations l Atty. Randi Torregosa
Sec. 8.
Who May be Adopted.
Only a legally free child may be the subject of inter-
country adoption. In order that such child may be
considered for placement, the following documents
must be submitted to the Board:
1. Child study;
2. Birth certificate/foundling certificate;
3. Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
4. Medical evaluation /history;
5. Psychological evaluation, as necessary; and
6. Recent photo of the child.
Qualified Children – Any child who has been
voluntarily or involuntarily committed by the Dept as
dependent, abandoned, or neglected.
In case of voluntary committed – there is a
physical transfer of the child shall be made not
earlier than 6 months from the date of Deed of
Voluntary Commitment executed by the biological
parents.
Section 9.
Who May Adopt.
An alien or a Filipino citizen permanently residing
abroad may file an application for inter-country
adoption of a Filipino child if he/she:
1. Is at least twenty-seven (27) years of age
and at least sixteen (16) years older than the
child to be adopted, at the time of application
unless the adopter is the parent by nature of
the child to be adopted or the spouse of such
parent:
2. if married, his/her spouse must jointly file for
the adoption;
3. has the capacity to act and assume all rights
and responsibilities of parental authority
under his national laws, and has undergone
the appropriate counseling from an
accredited counselor in his/her country;
4. has not been convicted of a crime involving
moral turpitude
5. is eligible to adopt under his/her national law;
6. is in a position to provide the proper care and
support and to give the necessary moral
values and example to all his children,
including the child to be adopted;
7. agrees to uphold the basic rights of the child
as embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to
abide by the rules and regulations issued to
implement the provisions of this Act;
8. comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed under his/her national
laws; and
9. possesses all the qualifications and none of
the disqualifications provided herein and in
other applicable Philippine laws
For married, he or she must file jointly with his or her
spouse who shall have same qualification and none
of the disqualification.
Section 10.
Where to File Application.
1. Philippine Regional Trial Court having
jurisdiction over the child,
2. Board, through an intermediate agency,
whether governmental or an authorized and
accredited agency, in the country of the
prospective adoptive parents, which
application shall be in accordance with the
requirements as set forth in the implementing
rules and regulations to be promulgated by
the Board
Form of application- shall be in prescribed form by
the board. Must include undertaking under oath
signed by the Applicant. Must also include that
should the adoption not be approved or if any reason
Sec. 14.
Supervision of Trial Custody.
The governmental agency or the authorized and
accredited agency in the country of the adoptive
parents which filed the application for inter-country
adoption shall be responsible for the trial custody
and the care of the child. It shall also provide family
counseling and other related services. The trial
custody shall be for a period of six (6) months from
the time of placement. Only after the lapse of the
period of trial custody shall a decree of adoption be
issued in the said country a copy of which shall be
sent to the Board to form part of the records of the
child.
During the trial custody, the adopting parent(s) shall
submit to the governmental agency or the authorized
and accredited agency, which shall in turn transmit
a copy to the Board, a progress report of the child's
adjustment. The progress report shall be taken into
consideration in deciding whether or not to issue the
decree of adoption.
The Department of Foreign Affairs shall set up a
system by which Filipino children sent abroad for trial
custody are monitored and checked as reported by
the authorized and accredited inter-country adoption
agency as well as the repatriation to the Philippines
of a Filipino child whose adoption has not been
approved.
Transfer of the Child – Trial custody shall start
upon physical transfer of the child to the applicant
Supervision of Pre-adoptive Placement – the
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
the child to the adoptive parents. And shall furnish
the Board reports.
Emergency report – During the trial custody the
foreign adoption agency shall notify the Board any
accident that may result in a serious impairment of
the relationship of the child and adoptive parents or
any ailment or injury suffered by the child as soon as
possible not later that 72 hours after the incident.
Termination of Pre-adoptive Relationship – if
found unsatisfactory by the child or the applicant, or
both, of if the foreign adoption agency found that it is
not in the child’s best interest, may be suspended by
the Board and the foreign adoption agency will be
the child’s temporary care.
No termination of pre-adoptive relationship shall be
made unless the foreign adoption agency has
exhausted all means to remove the cause of the
unsatisfactory
New placement – in the event of termination, the
Board shall identify from the Roster of Applicants a
qualified family to adopt the child. In case of absence
of suitable applicants, the foreign adoption agency
may propose a replacement family for the
consideration of the Board. And should with the
child’s consent having regard in particular to his/her
age and level of maturity.
Repatriation of the Child – Shall be the last resort
if found by the Board to be the in best interest of the
child if the Board and Foreign Adoption Agency fails
to find a replacement parent.
Consent to Adoption – If a satisfactory pre-
adoptive relationship is formed, the Board shall
transmit the written consent to the adoption
executed by the Department to the foreign adoption
agency within 30 days upon receipt.
Filing of petition for adoption – applicants shall file
petition with a proper court or tribunal in the country
where the applicant resides within 6 months after
completion of trial custody.
Decree of Adoption – a copy of Final decree of
Adoption of the child including cert of
citizenship/naturalization, shall be transmitted by the
foreign adoption agency to the board within 1 month
after issuance.
Title VIII Support
Articles 194-208
What is support?
As a general rule, it includes whatever is necessary
to keep a person alive.
Natural Support – basic necessities
Civil Support – anything beyond the basic
necessities
What comprises Support? (Art. 194)
It comprises everything indispensable for:
1) Sustenance
2) Dwelling
3) Clothing
4) Medical Attendance
5) Education
6) Transportation
NOTE:
Education – includes his schooling/training for
some profession, trade or vocation, even beyond
age of majority.
 Schooling – formal education
 Training – non-formal education
Transportation – expenses in going to and from
school, or to and from place of work.
Who are obliged to each other? (Art. 195)
1) Spouses
2) Legitimate ascendants and descendants
3) Parents and their legitimate children and
the legitimate and illegitimate children of the
latter
4) Parents and their illegitimate children and
the legitimate and illegitimate children of the
latter
5) Legitimate brothers and sisters, whether of
full or half-blood.
Support is MANDATORY in nature
Family Code did not adopt this provision:
Article 301 (CIVIL CODE)
The right to receive support cannot be renounced
nor can it be transmitted to a third person xxx the
same cannot be waived, renounced, transmitted or
compensated as such obligation is necessary for
the existence, survival and well-being of the
individual ought to be supported.
Despite the non-adoption of the preceding provision
in the Family Code, the waiver, renunciation,
transmission or compensation of the right to receive
support CANNOT still be done for it violates the law,
public policy pursuant to Article 6 of the Civil Code.
Brothers and sisters NOT legitimately related
are entitled to support each other (Art. 196)
Exception - When the need for support of brother or
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
demandable right and may not be given at all.
Source of Support (Art. 197)
Separate property of the person obliged
 in favor of his or her legitimate ascendants,
legitimate or illegitimate descendants, brothers
and sisters whether legitimately or illegitimately
related.
ACP or CPG (Art. 94[1] and Art. 121[1])
 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
o in the absence of ACP or CPG, take from
income or fruits of the separate property of the
obligor-spouse and, in case of sufficiency or
absence of said income or fruits, we take from
the obligor-spouse’s separate property itself.
(Art. 70)
Not entitled to be supported
 a particular spouse leaves the home without just
cause (Art. 100[1] and Art. 127[1])
Support Pendente Lite (Art. 198)
During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity
of marriage, the spouses and their children shall be
supported by ACP or CPG.
After final judgement, obligation of mutual support
ceases. Except legal separation where courts may
order guilty spouse to give support to the innocent
one.
How to obtain Support Pendente Lite?
Rule 61 of 1997 Rules of Civil Procedure
Section 1. Application - File verified application for
the claim and the financial condition of both parties.
at the commencement of the proper action or
proceeding, or at any time prior to the judgement or
final judgement.
Section 2. Comment - Copy of application shall be
served upon the adverse party who shall have 5
days to comment (shall be verified accompanied by
affidavits, depositions, or other authentic document
as support).
Section 3. Hearing - Trial within three days after
comment or expiration of period for its filing.
Section 4. Order – If application is granted, court
will fix amount to be provisionally paid taking into
account the necessities of the applicant. If denied,
principal case shall be tried and decided ASAP.
Section 5. If adverse party fails to comply such
pendente lite, court shall issue order of execution. If
same party still doesn’t comply, any third party may
furnish the support, and is subject obtain writ of
execution to enforce reimbursement against obligor.
When two or more persons are obliged to
support (Art. 199)
Liability then shall devolve upon the following
persons in the order herein provided:
1) the spouse
2) the descendants in the nearest degree
3) the ascendants in the nearest degree
4) brothers and sisters
In the presence of the spouse, those under the list
shall not be necessary.
When obligation to support falls upon two or
more person, payment shall be DIVIDED (Art.
200)
Such payment shall be divided between them in
proportion to the resources of each.
Exemption from Attachment or Executiion
(Art. 205)
Anything obtained by way of support necessarily
implies provisions made for the survival and well-
being of the recipient. Hence, the law makes it very
clear that the money or property received as
support cannot be made to satisfy any judgement
against the recipient. It cannot be attached nor be
subject to execution.
PART 3 NEW CIVIL CODE PROVISIONS
Title I Funerals
Funeral, New Civil Code Arts. 305-310
The duty and the right to make arrangements
for the funeral of a relative shall be in accordance
with the order established for support, under Article
294 (Art. 305):
1. Spouse
2. Descendants in the nearest degree. In case of
descendants of the same degree, or of brothers
and sisters, the oldest shall be preferred.
3. The ascendants in the nearest degree. In case of
ascendants, the paternal shall have a better right
4. The brothers and sisters.
5. Municipal authorities – if there are no persons
who are bound to support or if such persons are
without means.
NATURE OF FUNERAL: Every funeral shall be in
keeping with the social position of the deceased.
(Art. 306)
The funeral shall be:
1. In accordance with the expressed wishes of the
deceased.
2. In the absence of such expression, his religious
beliefs or affiliation shall determine the funeral rites.
3. In case of doubt, the form of the funeral shall be
decided upon by the person obliged to make
arrangements for the same, after consulting the
other members of the family (Art. 307)
Note: No human remains shall be retained,
interred, disposed of or exhumed without the
consent of the persons mentioned in articles 294
and 305. (Art. 308)
Damages: Any person who shows disrespect to the
dead, or wrongfully interferes with a funeral shall be
liable to the family of the deceased for damages,
material and moral (Art. 309)
Funeral Expenses: The construction of a
tombstone or mausoleum shall be deemed a part of
the funeral expenses, and shall be chargeable to
the conjugal partnership property, if the deceased
is one of the spouses (Art. 310).
GUIDELINES IN MAKING FUNERAL
ARRANGEMENTS
1. The persons who are preferred in the right to
make funeral arrangements may waive the right
expressly or impliedly in which case the right and
duty immediately descend to the person next in the
order.
6
I Persons and Family Relations l Atty. Randi Torregosa
2. It must be in keeping with the social position of
the deceased.
3. Law shall prevail over the will of the persons who
have the right to control the burial of deceased –
exhumation, evidential purpose, disposition of
corpse by deceased, mutilation of corpses and
autopsies.
4. Corpses which are to be buried at public
expenses may also be used for scientific purposes
under certain conditions.
5. Expressed wishes of the deceased is given
priority provided that it is not contrary to law and
must not violate the legal and reglementary
provisions concerning funerals and disposition of
the remains (time, manner, place or ceremony)
6. In the absence of expressed wishes, his religious
beliefs or affiliation shall determine the funeral
rights.
7. In case of doubt, the persons in Art. 199 shall
decide.
8. Any person who disrespects the dead or
interferes with the funeral shall be liable for material
and moral damages.
Title II Use of Surnames
CHARACTERISTICS OF A NAME
1. It is absolute, intended to protect the individual
from being confused with others.
2.It is obligatory in certain respects, for nobody can
be without a name.
3. It is fixed, unchangeable, or immutable, at least
at the start, and maybe changed only for good
cause and by judicial proceedings.
4.It is outside the commerce of man, and therefore
inalienable and intransmissible by act inter vivos or
mortis causes.
5.It is imprescriptible
SURNAMES OF CHILDREN
1. Legitimate and legitimated children shall
principally use the surname of the father. (Art. 364)
2. An adopted child shall bear the surname of the
adopter. (Art. 365)
3. A natural child acknowledged by both parents
shall principally use the surname of the father. If
recognized by only one of the parents, a natural
child shall employ the surname of the recognizing
parent. (Art 366)
4. Natural children by legal fiction shall principally
employ the surname of the father (Art. 367)
5. Illegitimate children referred to in Article 287
shall bear the surname of the mother. (Art 368)
6. Children conceived before the decree annulling a
voidable marriage shall principally use the surname
of the father. (Art. 369)
WIFE AFTER AND DURING MARRIAGE
1. A married woman may use (Art. 370):
(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."
Tolentino: The wife cannot claim an exclusive right
to use the husband’s surname. She can’t be
prevented from using it; but neither can she restrain
others from using it.
2. 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 (Art. 371):
(a) The court decrees otherwise, or
(b) She or the former husband is married
again to another person.
3. When legal separation has been granted, the
wife shall continue using her name and surname
employed before the legal separation. (Art. 372)
4. A widow may use the deceased husband's
surname as though he were still living, in
accordance with Article 370. (Art 373)
Article 371-By a legally separated wife
When marriage is annulled
Wife – guilty spouse
-Shall resume using her maiden name and
surname
-Not allowed to use the surname of her husband
Wife – innocent spouse
Options:
1. to use her maiden name and surname
2. to continue to use her husband’s surname
EXC:
 if the court decrees otherwise or,
 she or the former husband is remarried to
another person
Note: The use of husband’s surname after the
annulment of the marriage is permissive and not
obligatory.
-Since the use of the husband’s surname is
optional, the wife may use back her maiden name
and surname after the marriage is annulled without
need of judicial authorization.
7
I Persons and Family Relations l Atty. Randi Torregosa
-The filing of a petition to resume the use of her
maiden name is a superfluity and an
unnecessary proceeding
Article 372. When legal separation has been
granted, the wife shall continue using her name and
surname employed before the legal separation.
In legal separation:
- marriage is not entirely dissolved
- spouses are only separated by the “bed
and the board”
 in effect, wife cannot use back her maiden
name given that she is using her husband’s
surname before legal separation.
Article 373. A widow may use the deceased
husband’s surname as though he were still living, in
accordance with Article 370.
 A widow may continue to use the surname
of her deceased husband as if he was still
alive.
 Must insert “Vda. de” before the surname
of the deceased husband.
Ex: Maria Kordapya Vda. de Santos
Article 374. In case of identity of names and
surnames, the younger person shall obliged to use
such additional name or surname as will avoid
confusion.
Article 375. 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:
(1) Add a middle name or the mothers’ surname, or
(2) Add the Roman numerals II, III, and so on.
If father wants his son to carry his name and
surname
“Junior” or “Jr.” must be added.
-to distinguish the son from his father
If: Son who is a Jr. Wants to honor the Grandfather-
Grandchild - (must add to his name a middle name
or add the Roman numerals II, III, etc.)
Change of name
Article 376. No person can change his name or
surname without judicial authority.
 Art.376 and 412 of NCC amended by R.A. No.
9048 “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 Judicial
Order.”
-passed by the House of Representatives on
February 7, 2001 and by the Senate on
February 8, 2001
-signed into law by Pres. Gloria Macapagal-
Arroyo on March 22, 2001
 Changing one’s name or surname is not a
matter of right but a matter of privilege.
 must show proper or reasonable cause or any
compelling reason which may justify such
change
A change of name or nickname can be effected
only through the office of the local civil registrar
reviewable by the office of the Civil Registrar
General and finally by the courts.
Note: Under R.A. 9048, clerical or typographical
errors in the birth certificate can already be
changed or corrected now without a need of judicial
order.
A petition for correction of clerical or typographical
errors can now be filed by any interested person in
the Office of the Local Civil Registrar of the place
where the record being sought to be corrected is
kept.
 If petitioner has already migrated to another
place in the country
- may file the petition in the local civil
registrar of the place where he is presently
residing and the said registrar will
communicate with the registrar of the place
where the birth certificate of the petitioner is
recorded to facilitate the processing of the
petition
 If petitioner is already residing in a foreign
country
- may file the petition, in person, with the
nearest Philippine Consulate
Note: All petitions for the correction of clerical or
typographical errors and/or change of first name or
nicknames may be availed for only once (R.A.
9048, Sec. 3).
No law allows the change of entry in the birth
certificate as to sex on the ground of sex
reassignment.
- Under R.A. 9048, a correction in the civil registry
involving the change of sex is not a mere clerical or
typographical error – it is a substantial change for
which the applicable procedure is Rule 108 of the
Rules of Court
- Also, the said law does not sanction a change of
first name on the ground of sex reassignment
(Silverio vs. Republic, 537 SCRA 373).
8
I Persons and Family Relations l Atty. Randi Torregosa
Change of name or nickname - can now be
effected without judicial authorization.
This may be allowed in any of the following cases:
(1.) The petitioners finds the first name or
nickname to be ridiculous, tainted with
dishonour 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
(3.) The change will avoid confusion
(Sec. 4, Ibid).
Note: what is allowed by law to be changed without
judicial authorization is a change of first name or
nickname only and not a change of surname
The latter is not covered by R.A. 9048, thus, a
change of surname still requires judicial order
Petition shall be done in affidavit form, subscribed
and sworn to before a person authorized to
administer oath.
It must be supported by documentary exhibits, and
in the case of change of first name or nickname,
the petition shall be published:
 at least once a week for two (2) consecutive
weeks in a newspaper of general circulation.
 The petition shall be posted in conspicuous
places for ten (10) days.
 After the completion of the posting and
publication requirement, the Local Civil
Registrar must render a decision not later than
five (5) days thereof.
 A copy of the decision must be furnished to
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
It consists in the possibility of confusion xxx
between the owner and the usurper
 usurpation of name implies some injury to the
interests of the owner of the name
GR: action for damages may be filed against
anyone who usurps a name or surname of another
UNAUTHORIZED USE OF SURNAMES
Article 378. The unauthorized or unlawful use of
another person’s surname gives a right of action to
the latter.
PEN NAME OR STAGE NAME
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.
Pen names and stage names cannot be usurped.
A person may use a pen name or stage
name provided it is done in good faith and there is
no injury to third person
Once used, it cannot be usurped by other
persons, otherwise, the usurper may be enjoined
and held liable for damages.
A person cannot use a different name and
surname than that stated in his birth certificate
except the use of pen name or stage name
mentioned in Article 379 hereof.
USE OF ALIAS NAMES
Article 380. Except as provided in the preceding
article, no person shall use different names and
surnames.
 use of a fictitious name or a different name
belonging to another person in a single
instance without any sign or indication that the
user intends to be known by this name in
addition to his real name from that day forth
does not fall within the prohibition contained in
C.A. No. 142, as amended by R.A. 6085.
9