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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:

John and Mary got married and had a child named David. However, John and Mary's marriage was declared null and void due to lack of parental consent. As a result, David's birth certificate was amended to remove John's name as the father. David is now 10 years old and wants to use his father's surname. Is David legally allowed to change his surname and use his father's surname? Discuss.

Scenario 2:

Carlos and Ana, a married couple, decided to separate and live apart due to irreconcilable differences. They have one child named Sofia. Carlos wants Sofia to bear his surname, while Ana wants Sofia to use her maiden name. Can Carlos legally compel Sofia to use his surname? Discuss.

  1. Explain the significance of surnames in the context of the Philippines.
  2. Discuss the relevant provisions of the Civil Code, Family Code, R.A. No. 9048, and R.A. No. 10172 pertaining to surnames and their applicability to the scenarios mentioned.
  3. Analyze the rights and obligations of parents and children with regard to the use of surnames based on the given scenarios and the applicable laws.



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS: D. Surnames Scenario 1: John and Mary got married and had a ch