EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
Second Regular Session 
}
SENATE
S.B.NO. 22R1
•21 JUN-1 P 4 '47
TE
INTRODUCED BY SENATOR VICENTE C. SOTTO HI
AN ACT
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND 
ARTICLE 364 OF THE CIVIL CODE
EXPLANATORY NOTE
Section 14 of the Declaration and State Policies of the 
Constitution provides that “the State recognizes the role of women in 
nation-building, and shall ensure the fundamental equality before the 
law of women and men.” This constitutional provision requires “the 
State to actively pursue affirmative means and ways to battle the 
patriarchy - that complex of political, cultural, and economic factors 
that ensure women’s disempowerment.”1
A fundamental matter which must be presently addressed 
concerns the surname of legitimate children. The given name may be 
freely selected by the parents for the child, but the surname to which 
the child is entitled is fixed by law.2
The norm in the Philippines is for the legitimate child to use the 
surname of the father. The wordings of Article 174 (1) of the Family 
Code and Article 364 of the Civil Code seem to have ambiguity as to 
whether or not a legitimate child, at the outset, can already use the 
surname of the mother upon agreement of the parents or must still 
require a court order.
1 Alamis vs. Court of Appeals G.R. No. 216425 November 11, 2020 citing Racho vs. 
Tanaka G.R. No 199515, June 25, 2018
2 In the matter of adoption of Stephanie Nathy Astorga Garcia G.R. No. 148311, 
March 31, 2005


The proposed legislation seeks to clarify the extent of the legal 
right of the legitimate child to use the mother’s surname. It allows the 
father and the mother to agree on which surname the child will use 
and appear in the live birth certificate. Furthermore, it grants a 
legitimate child to change his surname within ten years upon reaching 
the age of majority by mere application to the proper local civil 
registrar. No court approval will be necessary, and such application 
for change of surname shall be allowed only once.
The mother is the initial life-bearer of a child. The legitimate 
child's developing physical and biolo^cal link was with the mother, as 
physiologically evidenced by the umbilical cord. Not only that, the 
nurturing and child-rearing starts with the mother. Accordin^y, if 
most of the biological, physiological, nurturing, and emotional content 
of the creation of the child is with the mother, in case of conflict 
between the latter and the father, the mother's decision should have 
influence and weight.
In light of the foregoing, the passage of this bill is earnestly 
sought.
VICENTE C. SOTTO HI


EIGHTEIENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
Second Regular Session 
}
iT:;- ;; ftf'
SENATE
INTRODUCED BY SENATOR VICENTE C. SOTTO HI
AN ACT
AMENDING ARTICLE 174 (1) OF THE FAMILY CODE AND ARTICLE 364
OF THE CIVIL CODE
Be enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. This Act shall be known as “Maternal Surname for
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Legitimate Children and for other purposes.”
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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 RIGHT TO CHANGE 
THEIR SURNAME TO THE SURNAME OF EITHER THE FATHER OR THE 
MOTHER WITHIN TEN YEARS FROM REACHING THE AGE OF


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MAJORITY BY MERE APPLICATION WITH THE OFFICE OF THE LOCAL
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CIVIL REGISTRAR (OLCR) WHERE THE ORIGINAL CERTIFICATE OF
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BIRTH HAS BEEN ISSUED. THE DUTY OF THE OLCR SHALL BE
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MINISTERIAL REQUIRING THE RELEASE OF THE NEW CERTIFICATE
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OF BIRTH REFLECTING THE CHANGE WITHIN 15 DAYS FROM THE
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FILING OF THE APPLICATION. APPLICATION FOR CHANGE OF
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SURNAME SHALL BE ALLOWED ONLY ONCE.
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AFTER THE LAPSE OF THE TEN-YEAR PERIOD, THE LEGITIMATE
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CHILDREN SHALL HAVE RECOURSE TO THE PROPER COURT WITHIN
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SUCH PERIOD AND UNDER SUCH OTHER CAUSES AS MAY BE
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ALLOWED BY OTHER PERTINENT LAWS.”
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SECTION 3. Article 364 of the Civil Code of the Philippines shall be
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amended as follows:
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"Article 364. Legitimate and legitimated children MAY
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principally use the SURNAME OF THE MOTHER IN ACCORDANCE WITH
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THE PROVISIONS OF THE FAMILY CODE OF THE PHILIPPINES.”
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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.
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SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days 
after publication in the Official Gazette or in a newspaper of general 
circulation.
Approved.