SI XTI':I ':NTII CONe iRI ':SS OJ<' '1'111 ~ RI ~l'UBLIC 
) 
OFTIII':PIIILlI'PINLS 
) 
First Regular Session 
) 
"13 
NOV 26 P 2 :58 
SLNAIl~ 
S, No, 
1851-
-r 
Introduced by Senator Miriam Ddensor Santiago 
I':XI'U\NATOR Y NOTE 
Lxccutivc Order No, 209, as amended, otherwise known as the Family Code of the 
Philippines, Article 17/1, paragraph I, provides that "legitimate children shall have the right to 
bear the sut'nanle of the 1'lther and the mother," Artiele:164 of the New Civil Code, however, 
qualifies such provision by stating that between the two (2) surnames, that of the father shall be 
principally uscd, 
This bill seeks to iIlllend the said law for the IClllowing reasons: 
I;irst, the Constitution mandates the State to ensure the fundamental equality before the 
law of womcn and men, The evident purpose 01' such mandate is to eliminate inequalities found 
in existing law, These "existing laws" pertain to the Family Code, among other laws, specilieally 
Article 171, paragraph I, They also refer to Articles 370 to 372 ofthc Civil Code and Article 63 
oj'the I'ilnlily Codc denying iI married W()l1liln the right to usc her maiden name separately from 
that "fthe hushilnd dlll'ing the marriage and even in the case onegal separation, 
The signilieance oj' such constitutional mandate would be dissipated if legitimate 
children, wh" arc as lllueh an extcnsion of their mother as they arc of tl1cir father, cannot usc the 
surname 01' the ll1other. In the same vein, married wonren would remain second 11ddle to their 
husband il'this regime of male-parent-surname supremacy was to subsist. 
Second, there me many instances oj'murricd women being the only child of their parents, 
Natumlly, they would want the linnily name continued ilnd/or pcrpetuated,' 
• This hill was origin<llly lilcd during the Thirteenth Congress, First Regular Sessioll. 


SIXTI·:I/NTII (,ONC i1{ I ':SS (W TIIH R 1~l'lJI3L1C 
) 
()J!TIII'; 1'IIILlI'I'INI';S 
) 
I"irst ]{eglilar Sessioll 
) 
·13 
NOV 26 PZ :58 
SENj\TI~ 
S, No, 1951 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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ALLOWINU I.I';(J[TIMATI! CHILDREN TO IlEAI{ THE SURNAML OF THE FATHER 
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AND/OR TI II! MOT] ILR, AMLN])INCl FORTIn, PlJRI'OSLEXI,CU'IlVI'; ORDER NO, 209, 
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AS AMFNDFD, UTI II';I{ WISIi KNOWN AS TilE FAMILY CODE OF TIlE I'TIILlPPINES, 
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ARTICLh 174 
lie il «nucled liy Ihe Senule a!1ci Ihe !lollse oj' Iiepresenlalives 0(' the Philippines in 
('ongress IIsscmhled: 
h 
SI';CTION I, I':xeelltivc Order No, 209, as amended, otherwise known as the Family 
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Code oj' the Philippines, Article 174 is hereby amended to read as follows: 
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"Arl. 174, I .egitimate children shall have the right to: 
') 
(I) To hear the surname Is] ofthc lather and/OR the mothcr lin conformity 
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with the provisions of the Civil Codc on surnames;], TO AVO!D ANY 
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CONFUSION ABOUT PATERNITY WIlERE TIlE CHILD USES TIm 
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SliRNAMI<: OF TIm MOnIER, THE FATHER SHALL GIVE HIS 
IJ 
CONSI':NT T111<:RI(TO IN TIm CHILD'S RECORD OF BIRTH, A 
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STATEMENT BI<:FORI( 
A COURT OF RECORD, OR IN 
ANY 
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AlITIII(NTlC WRITING, 
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(2) To receive supportli'om their parents, their ascendants, and in proper 
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cases, their brothers and sisters, in conformity with the provisions of this Code on 
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Support; and 
1 'J 
(:l) To be entitlcclto the legitimate and other successional rights granted to 
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them by the Civil Code," 


SLCTION 7.. ilepealing Clause. - All laws, decrees, exccutive orders, proclamations, 
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rulcs, and regulations, or parts thercol~ inconsistent with this Aet arc hcreby repealed, moditled, 
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or nmended accordingly. 
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SLCTION 3. N/ixlivily Clause. - This Act shall take effoct finccn (15) days allcr its 
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puhlication in at least two (2) newspapers oY general circuialioil. 
Approved, 
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