THIRTEENTH CONGRESS OF TH 
) 
OF THE PHILIPPINE 
1 
First Regular Session 
Introduced by Senator Flavier 
EXPLANATO 
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.” (Section 14, Article 11). 
The evident purposes of this 
constitutional provision is to eliminate inequalities found in existing laws. 
Such laws indicate the Civil Code of the Philippines (Republic Act No. 
386), specifically Articles 370 and 372 thereof and Article 63 of the Family Code 
of the Philippines (Executive Order 209). Under the said laws, a married woman 
is not specifically granted the option to use her maiden name and surname; and, 
in case legal separation has been granted, she is not allowed to use her maiden 
first name and surname either. The law treats a woman as mere appendage of 
her husband. 
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The advancement of women in Philippine society and the growing number 
of women handling sensitive jobs and important responsibilities heretofore 
reserved exclusively for males have, for all practical intents and purposes, 
rendered the aforementioned Civil Code provisions irrelevant, if not archaic. 
Change of name also results in untold inconveniences to, and material losses for, 
a growing number of Filipino women. 
By allowing Filipino women to retain their surname as part of their 
individuality, even after marriage or legal separation, this bill seeks to translate 
into reality the concept of “fundamental equality’’ of men and women before the 
law as enshrined in our Constitution. 
Hence, immediate approval of this bill is earnestly urged. 
I 


THIRTEENTH CONGRESS OF THE REPU 
OF THE PHILIPPINES 
First Regular Session 
E N A T  
S. NO. 
introduced by Senator Flavier 
AN ACT 
ALLOWING MARRIED OR LEGALLY SEPARATED WOMEN TO USE THEIR 
MAIDEN FIRST NAME AND SURNAME, AMENDING FOR THE PURPOSE 
ARTICLE§ THREE HUNDRED SEVENTY AND THREE HUNDRED SEVENTY- 
TWO OF REPUBLIC ACT NUMBERED THREE HUNDRED EIGHTY-SIX, AS 
AMENDED, 
OTHERWISE KNOWN A 
THE CIVIL CODE OF THE 
PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION I. Article 370 of Republic Act Numbered Three Hundred 
Eighty-six, is hereby amended to read as follows: 
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“Article 370. A married woman may use: 
(I) 
HER MAIDEN FIRST NAME AND SURNAME, or 
(2) Her maiden first name and surname and add her husband’s 
surname, or 
(3) Her maiden first name and her husband’s surname, or 
(4) Her husband’s full name, but prefixing a word indicating that 
she is his 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 
[shall] MAY EITHER continue using her name and surname employed 


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before the legal separation [ , 3 OR U E HER MAIDEN FIRST NAME AND 
SURNAME. ” 
SEC. 3. Article 63 of Executive Order No. 209, series of 1987 otherwise 
known as the Family Code of the Philippines is hereby amended by adding new 
paragraph to be numbered as paragraph 
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“Art. 63. The decree of legal separation shall have the following 
effects: 
(I) 
The spouses shall be entitled to live separately from each 
other, but the marriage bonds shall not 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 the net profits earned by the absolute 
community or the conjugal partnership, which shall be forfeited 
in accordance with the provisions of Article 13 (2); 
(3) The custody of the minor children shall be awarded to the 
innocent spouse, subject to the provisions of Article 21 3 of this 
Code; and 
(4) The offending spouse shall be disqualified from inheriting from 
the innocent spouse by interstate succession. Moreover, 
provisions in favor of the offending spouse made in the will of 
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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 MAIDEN FIRST NAME AND SURNAME. 
. The provisions of Republic Act No. 386, as amended and such 
other laws, decrees, orders, issuances, rules and regulations or parts thereof 
which are inconsistent with the provisions of this Act are hereby repealed or 
amended accordingly. 


. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazeffe or in at least two (2) newspapers of general circulation. 
Approved, 
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