Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO8478

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT ALLOWING LEGITIMATE CHILDREN TO BEAR THE SURNAME OF THE
FATHER OR THE MOTHER, AMENDING FOR THE PURPOSE EXECUTIVE ORDER
NUMBERED TWO-HUNDRED AND NINE (E.O. 209, AS AMENDED, OTHERWISE
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 174,
PARAGRAPH 1

Executive Order No. 209, as amended, otherwise known as the Family Code of the Philippines,
Article 174, paragraph 1, provides that “legitimate children shall have the right to bear the
sumame of the father and the mother.” Article 364 of the New Civil Code, however, qualifies
such provision by stating that between the two (2) sumames that of the father shall be principally
used.

This bill seeks to amend the said law for the following reasons:

First, the Constitution mandates the State to ensure the fundamental equality before the law of
women and men. The evident purpose of such mandate is to eliminate inequalities found in
existing law. These “existing laws" pertain to the Family Code, among other laws, specifically
Articles 174, paragraph 1. They also refer to Articles 370 to 372 of the Civil Code and Article 63
of the Family Code which deny a married woman the right to use her maiden name separately
from that of the husband during the marriage and even in the case of legal separation,

i wuld be dissipated if legitimate children,
are ag much an exionsion of their mother as they are of their father, cannot use the sumame of
the mother, In the same vein, married women would remain second fiddle to their husband if this
regime of male-parent-sumame supremacy were to subsist.

Second, there are many instances of married women being the only child of their parents.
er form ld want the family name continued and/or

‘Al

iD “LRAW"/F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No8478

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
ALLOWING LEGITIMATE CHILDREN TO BEAR THE SURNAME OF THE FATHER
OR THE MOTHER, AMENDING FOR THE PURPOSE EXECUTIVE ORDER
NUMBERED TWO-HUNDRED AND NINE (E.0. 209), AS AMENDED, OTHERWISE
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 174, PARAGRAPH
1

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Executive Order Numbered Two-Hundred and Nine (E.O. 209), as
amended, Article 174, paragraph 1, is hereby amended to read as follows:

“Art. 174. Legitimate children shall have the right t
“(1) To bear the surnamefs} of the father or the moth
of the Civil Code on surnames;]. TO AVOID ANY CONFUSION ABOUT PATERNITY
WHERE THE CHILD USES THE SURNAME OF THE MOTHER, THE FATHER SHALL
GIVE HIS CONSENT THERETO IN THE CHILD'S RECORD OF BIRTH, ASTATEMENT
BEFORE A COURT OF RECORD, OR IN ANY AUTHENTIC WRITING”

“SOCK”

SECTION 2. Republic Act No. 386, as amended, otherwise known as the Civil Code of
the Philippines, Articles 364 and 366, Title XIII, Book |, and all laws, decrees, executive
orders, proclamations, rule or regulation, or parts thereof, inconsistent herewith are
hereby repealed, modified, or amended accordingly.

SECTION 3. This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.

Approved,