1 
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4254 
Introduced by Representatives Yedda Marie K. Romualdez, Andrew Julian 
K. Romualdez and Jude A. Acidre
AN ACT 
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND ARTICLE 
364 OF THE CIVIL CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
The 1987 Constitution of the Philippines provides for the recognition of the 
role of women in nation-building and mandates to ensure the fundamental equality 
before the law of women and men. The Philippines is also a signatory to the 
Convention on the Elimination of All Forms of Discrimination Against Women. 
With these, it is incumbent upon the government to take the necessary action and 
legislation in ensuring that women are not discriminated in any way. 
Under the Civil Code of the Philippines, Article 364 provides that Legitimate 
and legitimated children shall principally use the surname of the father. The 
ambiguity of said provision causes the general public to assume that the surname of 
the mother may only be used by the child as his/her own surname when such child 
is illegitimate. However, the case Allanis III vs. Court of Appeals1, affirming the 
earlier case of Alfon vs. Republic2 has already explained that the word "principally" 
as used in Article 364 is not equivalent to "exclusively". This means that there is no 
1 G.R. No. 216425 (November 11, 2020) 
2 G.R. No. L-51201 (May 29, 1980) 
September 1, 2025
3:49 pm


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legal obstacle if a legitimate or legitimated child should choose to use the surname 
of its mother to which one is equally entitled. 
 
Thus, this bill seeks to clarify the extent of the legal right of the legitimate 
child to use the mother’s surname. This bill also addresses and dismantles the 
patriarchal notion that legitimate children cannot use the surnames of their mothers. 
Since the child is as much an offspring of their mother as they are of their father, it 
is only proper that the he or she may be able to choose which surname he or she may 
use, especially when the child grew up with a singular parent.  
 
In view of the foregoing, approval of this bill is earnestly sought. 
 
 
 
 
YEDDA MARIE K. ROMUALDEZ 
ANDREW JULIAN K.  ROMUALDEZ 
JUDE A. ACIDRE 
 
 


1 
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4254 
Introduced by Representatives Yedda Marie K. Romualdez, Andrew Julian 
K. Romualdez and Jude A. Acidre
AN ACT 
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND ARTICLE 
364 OF THE CIVIL CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. This Act shall be known as the “Maternal Surname for 
Legitimate Children and for other purposes.” 
Section 2. Article 174 (1) of the Family Code shall be amended to read as 
follows: 
“Article 174. Legitimate Children shall have the right: 


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(1) To bear the surname of THE MOTHER OR THE FATHER. THE 
PARENTS SHALL AGREE AS TO THE SURNAME OF 
LEGITIMATE CHILDREN. IN CASE OF DISAGREEMENT, 
THE SURNAME OF THE MOTHER SHALL BE USED BY 
THE LEGITIMATE CHILDREN. THE SURNAME OF THE 
FIRST CHILD SHALL ALSO BE USED AS THE SURNAME 
OF SUBSEQUENT CHILDREN OF THE SAME PARENTS. 
 
ONLY THE LEGITIMATE CHILDREN SHALL HAVE 
THE RIGHT TO CHANGE THEIR SURNAME TO THE 
SURNAME OF EITHER THEIR FATHER OR MOTHER 
WITHIN TEN (10) YEARS FROM REACHING THE AGE OF 
MAJORITY BY MERE APPLICATION WITH THE OFFICE 
OF THE LOCAL CIVIL REGISTRAR (OLCR), WHERE THE 
ORIGINAL CERTIFICATE OF BIRTH HAS BEEN ISSUED. 
THE DUTY OF THE OLCR SHALL BE MINISTERIAL 
REQUIRING THE RELEASE OF THE NEW CERTIFICATE 
OF 
BIRTH 
REFLECTING 
THE 
CHANGE 
WITHIN 
FIFTEEN (15) DAYS FROM THE FILING OF THE 
APPLICATION. 
APPLICATION 
FOR 
CHANGE 
OF 
SURNAME SHALL BE ALLOWED ONLY ONCE. 
 
AFTER THE LAPSE OF THE TEN (10)-YEAR PERIOD, 
THE LEGITIMATE CHILDREN SHALL HAVE THE 
RECOURSE TO THE PROPER COURT WITHIN SUCH 
PERIOD AND UNDER SUCH OTHER CAUSES AS MAY BE 


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ALLOWED BY OTHER PERTINENT LAWS.” 
 
 
Section 3. Article 364 of the Civil Code of the Philippines shall be amended 
as follows: 
 
“Article 364. Legitimate and legitimated children MAY principally use 
the SURNAME OF THE MOTHER IN ACCORDANCE WITH 
THE PROVISIONS OF THE FAMILY CODE OF THE 
PHILIPPINES.” 
 
 
Section 4. Repealing Clause. All laws, decrees, rules, and regulations or other 
issuances or parts thereof inconsistent with the provisions of this Act shall be 
repealed. 
 
Section 5. Effectivity. This Act shall take effect fifteen days (15) after its 
publication in the Official Gazette or in a national newspaper of general circulation. 
 
Approved,