REPRES,

Y
E-Filed =“
RECEIVED <Z\
= ODATE _July 7, 2022 4)

ky

—
C4
Republic of the Philippines IS
HOUSE OF REPRESENTATIVES |/O.
Batasan Hills, Quezon City

* TIME 2:33 pm

% ey
>

Wo npex

NINETEENTH CONGRESS
First Regular Session

House Bill No.__1592

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. 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

This bill seeks to clarify the extent of the legal right of the legitimate child to use
the mother’s surname. 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.

However, under the existing law, the surname of the mother may only be used
by the child as his/her own surname when such child is illegitimate. For legitimate
children, they shall principally use the surname of their father. 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. Further, this bill also addresses and



dismantles the patriarchal notion that legitimate children cannot use the surnames of

their mothers.

In view of the foregoing, approval of this bill is earnestly sought.

Rep. YEDDA MARIE K. ROMUALDEZ
Representative,“Tingog Sinirangan

Rep. JUDE. ACIDRE
Represent&tive, Tingog Sinirangan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No.__ 1592

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. 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:
(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

oe


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
REGISTRAT (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 CHANING 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 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. A\l 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,