FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
S. B. No. 
314 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Men and women are fundamentally equal. Thus, Section 14 of Article II of 
the 1987 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. It is the duty of the State to ensure their equality before the law 
in all aspects of national life by rectifying or ending all practices and systems that 
are disadvantageous to women or discriminate against them by reason merely of 
gender where it is not a relevant factor in making a distinction. 
Under the provisions of the New Family Code, a married woman is not 
specifically granted option to use her maiden name and surname; and, in cases 
of legal separation has been granted, she is not allowed to use her maiden name 
and surname either. 
Hence, the approval of this bill is earnestly urged for the advancement of 
women in Philippine society. By allowing Filipino women to retain their surnames 
as part of their individuality, even after marriage or legal separation, we shall be 
eliminating historical inequality. 
EJERCITO ESTRADA 
Senator 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
ALLOWING MARRIED OR LEGALLY SEPARATED WOMEN TO USE THEIR 
MAIDEN FIRST NAME AND SURNAME, AMENDING FOR THE PURPOSE 
ARTICLES 370 AND 372 OF REPUBLIC ACT NO. 386, AS AMENDED, 
OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES AND 
ARTICLE 63 OF EXECUTIVE ORDER NO. 209 OTHERWISE KNOWN AS THE 
FAMILY CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1, Article 370 of R.A. 386, is hereby amended to read as 
follows: 
“Article 370. A married woman may use: 
HER MAIDEN FIRST NAME AND SURNAME, or 
(1) 
(2) 
Her maiden first name and surname and add her husband’s 
(3) 
(4) Her husband’s full name, but prefixing a word indicating that she is his 
surname, or 
Her maiden first name and her husband’s surname, or 
wife, such as Mrs. 
SEC, 2. Article 372 of the 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 USE HER MAIDEN FIRST NAME AND SURNAME. 
SEC, 3. Article 63 of Executive Order No. 209, series of 1997 otherwise 
known as the Family Code of the Philippines is hereby amended by adding a 
new paragraph to be numbered as paragraph 5 and to read as follows: 
Article 63. The decree of legal separation shall have the following 
effects: 


1) The spouses shall be entitled to live separately 
from each other, but the marriage bonds shall be 
severed: 
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 net 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; and 
4) The offending spouses shall be disqualified from 
inheriting from the innocent spouse made in the 
will of the innocent spouse shall be revoked by 
operation of law." 
5) THE WIFE SHALL HAVE THE OPTION TO 
CONTINUE USING HER NAME BEFORE THE 
LEGAL SEPARATION OR HER MAIDENFIRST 
NAME AND SURNAME 
SEC 4. The provisions of Republic Act No. 386, as amended and such 
other laws, decrees, orders, issuances, inconsistent with the provisions of this 
Act, are hereby repealed or amended accordingly. 
SEC 5. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved,