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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 (Civil Code, arts. 364-380, Family Code, arts. 176, 189 and 193, R.A. No. 9048, R.A. No. 10172)

John and Mary, a married couple, had a child named Sarah. However, due to certain circumstances, John and Mary decided to legally change Sarah's surname. Both John and Mary agree to change Sarah's surname to John's surname, "Gomez." They filed a petition for change of name before the proper court in accordance with R.A. No. 9048. The court granted their petition and issued an order changing Sarah's surname from her original surname to "Gomez."

A year later, John and Mary decided to separate. They got a divorce abroad and Mary went back to using her maiden surname, "Santos." The divorce decree was not registered in the Philippines. With this situation, Sarah decided to change her surname back to her mother's maiden surname, "Santos," in accordance with R.A. No. 10172.

Question:
1. Was Sarah legally allowed to change her surname back to her mother's maiden surname despite the previous court order changing it to her father's surname? Explain your answer.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS D. Surnames (Civil Code, arts. 364-380, Family Code, arts. 176,