Using parents’ surnames

Dear Atty. Angela,

I was born to married parents and the name on my birth certificate is Ramon Cruz Ledesma. However, when I was just five years old, my father left us and I never saw him.

Ever since, I have been using my mother's maiden name Cruz as my surname in school records. Now that I am already 20 years old, I wish my birth certificate would reflect only Ramon Cruz.

Is this legally possible?

Ramon

Dear Ramon,

Yes, you are legally entitled to solely use the surname of your mother.

Article II, Section 14 of the 1987 Constitution reiterated the State's commitment to ensure gender equality:

SECTION 14. The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.

In the case of Alanis III v. Court of Appeals, G.R. No. 216425 (2020), it was emphasized that Courts, like all other government departments and agencies, must ensure the fundamental equality of women and men before the law. Accordingly, where the text of a law allows for an interpretation that treats women and men more equally, that is the correct interpretation.

ARTICLE 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames.

In turn, Article 364 of the Civil Code provides:

ARTICLE 364. Legitimate and legitimated children shall principally use the surname of the father.

The provision states that legitimate children shall "principally" use the surname of the father, but "principally" does not mean "exclusively." This gives ample room to incorporate into Article 364 the State policy of ensuring the fundamental equality of women and men before the law, and no discernible reason to ignore it.

Thus, based on the foregoing, legitimate children can legally use their mothers' surnames.

Atty. Angela Antonio