OF THE PHILIPPNES 
-4 
l *  First Regular Session 
L I  
S E N A T E  
S. B. No. 
126 
'Oh ;iUL -1 Plz 5 4  
n 
EXPLANATORY NOTE 
The Constitutional edict granting equal treatment for both men and women is a 
principle the State endeavors to uphold. Pursuant to this, efforts have been exerted to 
e h h a t e  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 necessitates that a 
bill of this natqe be passed. 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 ofinequality found in our laws, and translating the constitutional edict into 
a tangible reality. 


THIRTEENTH CONGliESS OF THE REPUgLIC) 
First Regular Session 
’04 
JUL -1 
Pl254 
OF THE PHILIPPINES 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
. 
AN ACT ALLOWING M A R ~ E D  
OR LEGALLY SEPARATED WOMEN TO USE 
THEIR MAIDEN FIRST NAME AND SURNAME, AMENDING FOR THE PURPOSE 
REPUBLIC ACT No 386, ALSO KNOWN AS THE CIVIL CODE OF THE 
PHILIPPINES, ARTICLES 370 AND 372, AND EXECUTIVE ORDER 209 SERIES 
OF 1987, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, 
ARTICLE 63 
Be it eirncfed by the Seimte niid the House of Representntives of the Philippines, 
iii Coiigsess ci..c:semhlcd: 
SECTION 1. Article 370 of Republic Act Numbered Three Hundred Eighty-six, 
is hereby further amended to read as followp: 
“Article 370. A married woman may use: : 
( I )  
I-llili MAIDEN FIRST NAME AND SLRNAME, OF 
(2) 
Her maiden first name and surname and add her 
husband’s surname, or 
Her maiden first name and her husband’s ‘surname, or 
I 
(3) 
(4) 
Her husband’s j 
II name, but prefexing a word 
indicating that she is his wife, such as ‘Mrs.”’ 
SEC. 2 
Article 372 of rhe 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 ” 


1 
SEC. 3.1 
i 
Article 63 of Executive Order No. 209, series of 1987, also known 
as the Family Cbde of the Philippines, is hereby amended by adding a new paragraph to be 
numbered as p4agraph 5 and to read as follows: 
1 
~ 
~ 
“Article 63. 
The decree ‘of legal separation shall 
I 
! 
9ave the following effects: 
~ 
(1) 
The spouses shall be entitled to live 
Separately from each other, but the marriage bonds shall 
not be severe; 
~ 
I .  
~ , 
(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 
theinet 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; 
(4) 
The dffending spouse shall be disqualified 
from inheriting from the innocent spouse by linterstate 
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 TNE 
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 provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspaper of general circulation. 
Approved.