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‘EIGHTEENTH CONGRESS OF THE)
‘REPUBLIC OF THE PHILIPPINES)
Second Regular Sesston ) aeeetaz
SENATE aa
a. 10, 226. “A aN) Par
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
‘Constitution provides that “the State recognizes the role af
nation-building, and shall ensure the fundamental equality
law of women and mien.” This constitutional provision
‘State to actively puree affirmative means and ways (0
atrinrchy ~ that complex of political, cultura, and economic
disempowerment.!
fie
D
ft
‘that ensure women's
‘A fundamental matter which must be presently addressed
concerns the surname of legitimate children, The given name may be
lreely selected by the parents for the child, but the surname to which
the child is entitled ie fixed by law?
‘The norm in the Philippines is for the legitimate child to use the
ssumame of the father. The wordings of Article 174 (3) of the Family
Code and Article 364 of the Civil Code seem to have ambiguity as
‘whether or not a legitimate child, at the outset, can already tse
‘sumame af the mother upon agseement of the parents or must
require a court order.
Bes
* Alaa va. Court of Appeaie O.R. Mo 216425 November 11,2020 ciog-Racko e,
‘Tanaka OLR. No 19856; June 25, 2048
Pinte matter ot Garcia GR. Mo. 148911,
Betsey stern of pane nay Asren Wo. 1483
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