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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSD. Surnames (Civil Code, arts. 364-380, Family Code, arts. 176, 189 and 193, R.A. No. 9048, R.A. No. 10172)

Question

III. PERSONS AND FAMILY RELATIONS - D. Surnames

Scenario 1:

Marie and John are married and have a child named David. Marie wants to change David's surname to her maiden name, Johnson, without John's consent. John refuses to give his consent, stating that it is against the law. Marie argues that she has the right to choose her child's surname. Determine the validity of Marie's argument, citing the pertinent laws and regulations.

Scenario 2:

Carlos and Maria, their surnames being Cruz and Santos respectively, have been living together for many years without getting married. They have a child named Sofia. Carlos wants Sofia to carry his surname, Cruz, while Maria wants Sofia to carry her surname, Santos. Discuss how the issue of Sofia's surname would be resolved, considering the circumstances and relevant provisions of law.

Scenario 3:

Jessica and Ryan are legally married and have a child named Ethan. After their divorce, Jessica wants to change Ethan's surname to her maiden name, Garcia, without Ryan's consent. Ryan strongly opposes this, arguing that it would be detrimental to Ethan's emotional well-being. Determine the legality of Jessica's proposed name change, considering the provisions of law and any potential implications for Ethan.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS - D. Surnames Scenario 1: Marie and John are married and have a