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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:

Marissa and Juan have been married for five years. They recently had their first child, a baby boy named Miguel. Marissa would like to change the surname of their child to her maiden name, Gomez, instead of Juan's surname, Reyes. Juan, however, insists that their child should carry his surname. They are seeking legal advice on how to resolve this matter.

Question:

What are the legal provisions applicable in determining the surname of a child in the Philippines? Discuss the legal options available to Marissa and Juan in changing or retaining the surname of their child. Support your answer with relevant provisions from the Civil Code, Family Code, R.A. No. 9048, and R.A. No. 10172.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS - D. Surnames Scenario: Marissa and Juan have been married for