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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

Review Question III: Persons and Family Relations - D. Surnames

Scenario:

Jose and Maria are a married couple residing in the Philippines. They recently had a baby boy and they are faced with a decision regarding the surname of their child. Jose wants the child to carry his surname, De Guzman, while Maria wants the child to have her surname, Santos. They seek your advice on what they should do in order to resolve this matter.

Based on the relevant provisions of the Civil Code (Articles 364-380), Family Code (Articles 176, 189, and 193), R.A. No. 9048, and R.A. No. 10172, discuss the options available to Jose and Maria, their respective rights and limitations, and the possible legal remedies if they are unable to reach an agreement.

  1. Explain the laws governing the use of surnames in the Philippines.
  2. Discuss the options that Jose and Maria can consider in deciding the surname of their child.
  3. Analyze the rights and limitations of Jose and Maria in determining the child's surname.
  4. Identify the legal remedies that Jose and Maria can avail of if they are unable to reach an agreement.



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Bar Review Question: Review Question III: Persons and Family Relations - D. Surnames Scenario: Jose and Maria are a ma