SEN 
lntroduced by 
EXPLANATORY N 
Men and women are fundamentally equal. Thus, Section 14 of Article I I  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 used 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. 
EJERCIPB ESTRADA 
Senator 


. .  
AN ACT 
TED WOMEN TO USE THEIR 
THE PURPOSE 
EVENTY TWO 
ODE OF THE 
WN AS THE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 370 of R.A. 386, is hereby amended to read as follows: 
“Article 370. A married woman may use: 
(I) 
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 USE HER ~ A I Q ~ N  
FI ST N A ~ E  
AND S U R ~ A ~ ~ .  
SECTION 3. Article 63 of xecutive Order No. 209, series of 1997 otherwise 
known as the Family Cod 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; 
(1) The spouses shall be entitled to live separately from each other, but 
the marriage bonds shall not 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 the 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 of the 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 §HALL HAVE THE OPTION TO CONTINUE USING HER 
NAME BEFORE THE LEGAL SEPARATION OR HER MAIDEN FIRST 
NAME AND SUR 
SECTION4. The provisions of Republic Act No. 386, as amended and such 
other laws, decrees, orders, issuance’s, inconsistent with the provisions of this Act, are 
hereby repealed or amended accordingly. 


SECTION 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,