Use of Surnames ART 364-380 Family Code

Child:
      1. legitimate-> father's surname
      2. legitimated-> father's surname
      3. adopted-> adopter's surname
      4. illegitimate child-> mother's surname
                                     or father's surname provided their filiation has been expressly recognized by the father through: 1. record of birth appearing in the civil registry
                      2. admission in public document by the father
                      3. private handwritten instrument made by the father
     5. conceived prior to the annulment of the marriage-> father's surname
     6. conceived after the annulment of the marriage-> mother's surname


Married woman:
     1. her maiden first name and surname + husband's surname
     2. her first name+ husband's surname
     3. her husband's full name but prefixing "Mrs." 

Annulled marriage where  the wife is the guilty party
    4. she shall resume her maiden name and surname
Annulled marriage where the wife is the innocent party
    5. she may use her maiden name and surname or employ her former husband's surname
       EXCEPTIONS: if the court decrees otherwise; or if she or the former husband is married to another person.

In case of legal separation:
     6. she shall continue using her name and surname employed before the legal separation.

If widowed:
    7. she may continue using the deceased husband's surname

IN CASE OF IDENTITY OF NAMES AND SURNAMES
 (between persons)
   1. younger person shall be obliged to use such additional name or surname as will avoid confusion
     
(between ascendants and ascendants)
   1. son may use the word 'junior'
   2. grandsons and other direct male descendants shall ->add  middle name
                                                                                   ->add the mother's surname
                                                                                   ->add the Roman numerals II,III and so on.


No person can change his name or surname without judicial authority.

Grounds for change or first name or surname:
          1. if first name or surname is found to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

         2. if the new first name or nickname has been habitually and continuously used and he has been publicly known by the first name or nickname in the community.

         3. if the change will avoid confusion

The purpose of the law in allowing a change of name, as contemplated by the provisions of Rule 103 of the Rules of Court, is to give a person an opportunity to improve his personality and to promote his best interests.