FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
02 
SEN 
S. B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitutional right to equal treatment of both men and women is one which the 
State endeavors to uphold. Pursuant to this, efforts have been exerted to eliminate vestiges of 
inequalities found in existing laws. 
In Republic Act No. 386, also known as the Civil Code of the Philippines and Executive 
Order 209, also known as the Family Code of the Philippines, a married woman continues to be 
treated as a mere appendage of her husband. She is not specifically granted the option to use her 
maiden name and surname. 
The principle of fundamental equality between men and women requires the passage of a 
bill of this nature. By allowing Filipino women to retain their surnames as part of their 
individuality, even after marriage or legal separation, we shall be eliminating yet another vestige 
of inequality found in our laws, and translating the constitutional edict into a tangible reality.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ALLOWING MARRIED OR LEGALLY SEPARATED WOMEN TO USE THEIR MAIDEN 
NAME AND SURNAME, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 386, 
ALSO KNOWN AS THE CIVIL CODE, ARTICLES 370 AND 372, AND EXECUTIVE 
ORDER 209 SERIES OF 1987, ALSO KNOWN AS THE FAMILY CODE, ARTICLE 63 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled. 
SECTION 1. Article 370 of Republic Act Numbered Three Hundred Eighty-six, is 
hereby further amended to read as follows: 
“Article 370. A married woman may use: 
(1) HER MAIDEN FIRST NAME AND SURNAME, or 
(2) Her maiden first name and surname and add her husband’s surname, or 
(3) Her maiden first name and her husband’s surname, or 
(4) Her husband’s full name, but prefixing a word indicating that she is his 
wife. such as Mrs.” 
SECTION 2. Article 372 of the same Act is hereby further amended to read as follows: 
“Article 372. When legal separation has been granted, the wife MAY 
EITHER continue using her name and surname employed before the legal 
separation OR HER MAIDEN FIRST NAME AND SURNAME.” 
SECTION 3. Article 63 of Executive Order No. 209, series of 1987, also known as the 
Family Code of the Philippines, is hereby amended by adding a new paragraph to be numbered 
as paragraph 5 and to read as follows: 
“Article 63. The decree of legal separation shall have the following 
effects: 
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(1) The spouses shall be entitled to live separately from each other, but the 
marriage bonds shall not be severe; 
(2) The absolute community or the conjugal partnership shall be dissolved 
and liquidated but the offending spouse shall have no right lo any share of the net 
profits earned by the absolute conlmunity or the conjugal partnership, which shall 
be forfeited in accordance with the provisions of Article 43(2); 
(3) The custody of the minor children shall be awarded to the innocent 
spouse, subject to the provisions of Article 213 of this Code; 
(4) The offending spouse shall be disqualified from inheriting from the 
innocent spouse by interstate succession. Moreover, provisions in favor of the 
offending spouse made in the will of the innocent spouse shall be revoked by 
operation of law.” AND 
(5) THE WIFE SHALL HAVE THE OPTION TO CONTINUE USING 
HER NAME BEFORE THE LEGAL SEPARATION OR HER MAIDEN FIRST 
NAME AND SURNAME. 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Eflectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Auoroved. 
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