FIFTEENTH CONGRESS OF THE. REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 4 {) 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Men and women are fundamentally equal. Thus, Section 14 of Article II of 
the 1987 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. It is the duty of the State to ensure their equality before the law 
in all aspects of national life by rectifying or ending all practices and systems that 
are disadvantageous to women or discriminate against them by reason merely of 
sex where it is not a relevant factor in making a distinction. 
Under the provisions of the New Family Code, a married woman is not 
specifically granted option to use her maiden name and surname; and in cases of 
legal separation has been granted, she is not allowed to use her maiden name 
and surname either. 
Hence, the approval of this bill is earnestly urged for the advancement of 
women in Philippine society. By allowing Filipino women to retain their surnames 
as part of their individuality, even after marriage or legal separation, we shall be 
eliminating historical inequality. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 4 6 0 
\i 
iIi" :, ./~ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ALLOWING MARRIED OR LEGALLY SEPARATED WOMEN TO USE THEIR 
MAIDEN FIRST NAME AND SURNAME, AMENDING FOR THE PURPOSE 
ARTICLES THREE HUNDRED SEVENTY AND THREE HUNDRED SEVENTY 
TWO OR RA. 386, AS AMENDED, OTHERWISE KNOWN AS THE CIVIL 
CODE OF THE PHILIPPINES, AND ARTICLE 63 OF E.O. 209 OTHERWISE 
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 370 of R.A. is hereby 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 name 
(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. 
SEC. 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 USE 
HER MAIDEN FIRST NAME AND SURNAME. 
SEC. 3. Article 63 of Executive Order No. 209, series of 1997 otherwise 
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: 


1) The spouses shall be entitled to live separately from each 
other, but the marriage bonds shall be severed; 
2) The absolute community or the conjugal partnership shall 
be dissolved and liquidated but the offending spouse 
shall have no right to any share of net profits earned by 
the 
absolute community or the conjugal partnership, 
which shall be forfeited in accordance with the provisions 
of Article 43 (2); 
3) The custody ofthe minor children shall be awarded to the 
innocent spouse, subject to the provisions of Article 213 
of this Code; and 
4) The offending spouses shall be disqualified from 
inheriting from the innocent spouse made in the will of 
the innocent spouse shall be revoked by operation of 
law." 
. 
5) THE WIFE SHALL HAVE THE OPTION TO CONTINUE 
USING 
HER 
NAME 
BEFORE 
THE 
LEGAL 
SEPARATION: OR HER MAIDENFIRST NAME AND 
SURNAME 
SEC 4. The provisions of Republic Act No. 386, as amended and such 
other laws, decrees, orders, issuances, inconsistent with the provisions of this 
Act, are hereby repealed or amended accordingly. 
SEC 5. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation .. 
Approved,