TWENTIETH CONGRESS 
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REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
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25 JUL-7 All :in
SENATE
SENATE BILL No. 1 OS-
Introduced by SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND ARTICLE 364
OF THE CIVIL CODE
EXPLANATORY NOTE
Section 14 of the Declaration and State Policies of the Constitution 
provides that “the State recognizes the role of women in nation-building, and 
shall ensure the fundamental equality before the law of women and men. 
This constitutional provision requires “the State to actively pursue affirmative 
means and ways to battle the patriarchy - that complex of political, cultural, 
and economic factors that ensure women’s disempowerment.”1
A fundamental matter which must be presently addressed concerns the 
surname of legitimate children. The given name may be freely selected by the 
parents for the child, but the surname to which the child is entitled is fixed
by law.2
The norm in the Philippines is for the legitimate child to use the 
surname of the father. The wordings of Article 174 (1) of the Family Code and 
Article 364 of the Civil Code seem to have ambiguity as to whether or not a 
legitimate child, at the outset, can already use the surname of the mother 
upon agreement of the parents or must still require a court order.
1 Alamis vs. Court of Appeals G.R. No. 216425 November 11,2020 citing Radio vs. Tanaka G.R. No 199515, 
2Uln the matter of adoption of Stephanie Nathy Astorga Garcia G.R. No. 148311, March 31, 2005


The proposed legislation seeks to clarify the extent of the legal right of 
the legitimate child to use the mother’s surname. It allows the father and the 
mother to agree on which surname the child will use and appear in the live 
birth certificate. Furthermore, it grants a legitimate child to change his 
surname within ten years upon reaching the age of majority by mere 
application to the proper local civil registrar. No court approval will be 
necessary, and such application for change of surname shall be allowed only
once.
The mother is the initial life-bearer of a child. The legitimate child's 
developing physical and biological link was with the mother, as physiologically 
evidenced by the umbilical cord. Not only that, the nurturing and child- 
rearing starts with the mother. Accordingly, if most of the biological, 
physiological, nurturing, and emotional content of the creation of the child is 
with the mother, in case of conflict between the latter and the father, the 
mother's decision should have influence and weight.
In light of the foregoing, the passage of this bill is earnestly sought.
VICENTE C. SOTTO III


TWENTIETH CONGRESS 
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REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
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25 JlJL-7 All -10
SENATE 
SENATE BILL No. _ 196
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Introduced by SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND ARTICLE 364
OF THE CIVIL CODE
Be enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. This Act shall be known as “Maternal Surname for 
Legitimate Children and for other purposes.”
SECTION 2. Article 174 (1) of the Family Code shall be amended to read 
as follows;
“Article 174. Legitimate Children shall have the right:
(1) To bear the surname of THE MOTHER OR THE FATHER.
THE PARENTS SHALL AGREE AS TO THE SURNAME OF 
LEGITIMATE CHILDREN. IN CASE OF DISAGREEMENT, THE 
SURNAME OF THE MOTHER SHALL BE USED BY THE 
LEGITIMATE CHILDREN. THE SURNAME OF THE FIRST 
CHILD SHALL ALSO BE USED AS THE SURNAME OF 
SUBSEQUENT CHILDREN OF THE SAME PARENTS.
ONLY THE LEGITIMATE CHILDREN SHALL HAVE THE 
RIGHT TO CHANGE THEIR SURNAME TO THE SURNAME OF 
EITHER THE FATHER OR THE MOTHER WITHIN FIFTEEN 
115) YEARS FROM REACHING THE AGE OF MAJORITY BY 
MERE APPLICATION WITH THE OFFICE OF THE LOCAL 
CIVIL REGISTRAR (OLCR) WHERE THE ORIGINAL 
CERTIFICATE OF BIRTH HAS BEEN ISSUED. THE DUTY OF 
THE OLCR SHALL BE MINISTERIAL REQUIRING THE 
RELEASE OF THE NEW CERTIFICATE OF BIRTH 
REFLECTING THE CHANGE WITHIN 15 DAYS FROM THE 
FILING OF THE APPLICATION. APPLICATION FOR CHANGE 
OF SURNAME SHALL BE ALLOWED ONLY ONCE.


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AFTER THE LAPSE OF THE FIFTEEN-YEAR PERIOD,
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THE LEGITIMATE CHILDREN SHALL HAVE RECOURSE TO
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THE PROPER COURT WITHIN SUCH PERIOD AND UNDER
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SUCH OTHER CAUSES AS MAY BE ALLOWED BY OTHER
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PERTINENT LAWS”.
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SECTION 3. Article 364 of the Civil Code of the Philippines shall be
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amended as follows:
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"Article 364. Legitimate and legitimated children MAY
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principally use the SURNAME OF THE MOTHER IN
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ACCORDANCE WITH THE PROVISIONS OF THE FAMILY
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CODE OF THE PHILIPPINES.”
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SECTION 4. Repealing Clause, — All laws, decrees, rules and regulations or
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other issuances or parts thereof inconsistent with the provisions of this Act
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shall be repealed.
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SECTION 5. Effecthrity. - This Act shall take effect fifteen (15) days after
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publication in the Official Gazette or in a newspaper of general circulation.
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Approved.
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