You are on page 1of 2

G.R. No.

94986 February 23, 1995
HATIMA C. YASIN, represented by her Attorney-in-Fact, HADJI HASAN S. CENTI, petitioner,
Zamboanga City, respondent.
Article 370. A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Article 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her
maiden name and surname. If she is the innocent spouse, she may resume her maiden name and
surname. However, she may choose to continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

Rule 13 of Rules of Court - Change of Name
Section 1. Venue. — A person desiring to change his name shall present the petition to the Court of First
Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic
Relations Court.
Section 2. Contents of petition. — A petition for change of name shall be signed and verified by the
person desiring his name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition is filed for
at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
Section 3. Order for hearing. — If the petition filed is sufficient in form and substance, the court, by an
order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct
that a copy of the order be published before the hearing at least once a week for three (3) successive
weeks in some newspaper of general circulation published in the province, as the court shall deem best.
The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4)
month after the last publication of the notice.
Section 4. Hearing. — Any interested person may appear at the hearing and oppose the petition. The
Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the
Section 5. Judgment. — Upon satisfactory proof in open court on the date fixed in the order that such
order has been published as directed and that the allegations of the petition are true, the court shall, if
proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name
be changed in accordance with the prayer of the petition.
Section 6. Service of judgment. — Judgments or orders rendered in connection with this rule shall be
furnished the civil registrar of the municipality or city where the court issuing the same is situated, who
shall forthwith enter the same in the civil register.
ISSUE: WON a petition for resumption of maiden name and surname is also a petition for change of
 Hatima C. Yasin, a Muslin Filipino was previously married to Hadji Idris Yasin, also a Muslim
Filipino in accordance with Muslim rites and customs
 On March 13, 1984, they were granted a decree of divorce by the Mindanao Islamic Center
Foundation, Inc., in accordance with Islamic Law.
 That, thereafter the former husband Hadji Idris Yasin contracted another marriage to another
 The petitioner prayed to be allowed to resume the use of her maiden name

RULING: NO. Petitioner doesn‘t seek to CHANGE her name but to RESUME use of it Divorce is
recognized in Muslim law as one that severs the marriage bond and where can again contract another
marriage. Petitioner is authorized to resume her maiden name and surname.The onerous requirements of
Rule 103 of the Rules of Court on change of name should not be applied to judicial confirmation of the
right of a divorced woman to resume her maiden name and surname. In the absence of a specific rule or
provision governing such a proceeding, where sufficient facts have been alleged supported by competent
proof as annexes, which appear to be satisfactory to the court, such petition for confirmation of change of
civil status and/or to resume the use of maiden name must be given due course and summarily granted
as in fact it is a right conferred by law.