Use of Surname Flashcards
Those persons who shall use PRINICPALLY the surname of the father although they have the option to choose the surname of the mother (Alfon V. Republic) (3)
- Legitimate and legitimated children (Art. 364 NCC)
- Natural child acknowledged by both parents (Art. 366, par. 1 NCC)
- Children conceived before the decree annuling a voidable marriage (Art. 369 NCC)
Adopted child shalle use the surname of who?
Adopter. Art. 365 NCC
Natural child acknowledged by one of the parents shall use the surname of who?
Recognizing parent? Art. 366, par. 2 NCC
Illegitimate children shall use the surname of?
Mother. However, illegitimate child may use surname of the 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 (Art. 176, as amended by RA 9255)
Options for married woman on using surname (3)
- Maiden first name and surname and add husband’s surname (Juana Reyes-Dela Cruz)
- Maiden first name and husband’s last name (Juana Dela Cruz)
- Husband’s full name but prefix a word indicating that she’s the wife, such as “Mrs.” (i.e., Mrs. Juan Dela Cruz)
In case of annulment of marriage, which name or surname shall be used by the wife?
If wife is guilty party - resume maiden name and surname
If wife is innocent - may choose the ff:
1. Resume maiden name and surname
2. Continue to employ former husband’s surname UNLESS court decrees otherwise or she or the former husband marries another person
In case of legal separation, whose surname will the wife use?
Wife shall continue to use her name and surname employed before the legal separation (Name used during the marriage. Meaning the legal separation doesn’t really change anything)
Options for widow in using surname
Same as that of a married woman
