Civil Code of the Philippines 4

Question 1

Article 364

Answer 1

Legitimate and legitimated children shall principally use the surname of the father.

Question 2

Article 365

Answer 2

An adopted child shall bear the surname of the adopter.

Question 3

Article 366

Answer 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.

Question 4

Article 367

Answer 4

Natural children by legal fiction shall principally employ the surname of the father.

Question 5

Article 368

Answer 5

Illegitimate children referred to in article 287 shall bear the surname of the mother.

Question 6

Article 369

Answer 6

Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

Question 7

Article 370

Answer 7

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.”

Question 8

Article 371

Answer 8

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:

(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

Question 9

Article 372

Answer 9

When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Question 10

Article 373

Answer 10

A widow may use the deceased husband’s surname as though he were still living, in accordance with Article 370.

Question 11

Article 374

Answer 11

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.

Question 12

Article 375

Answer 12

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 mother’s surname, or
(2) Add the Roman numerals II, III, and so on.

Question 13

Article 376

Answer 13

No person can change his name or surname without judicial authority.

Question 14

Article 377

Answer 14

Usurpation of a name and surname may be the subject of an action for damages and other relief.

Question 15

Article 378

Answer 15

The unauthorized or unlawful use of another person’s surname gives a right of action to the latter.

Question 16

Article 379

Answer 16

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.

Question 17

Article 380

Answer 17

Except as provided in the preceding article, no person shall use different names and surnames.