SUMMARY

"AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES"
Also known as: "The Civil Code of the Philippines"

Signed: December 4, 1929

The provisions of this Code on marriage and family relations had been superseded by the Family Code. However, the provisions on the use of surnames were not repealed. It provides therein (Art. 370) that married women may use (1) her maiden first name and surname and add her husband's surname; or (2) her maiden first name and her husband's surname; or (3) her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." This means that a married woman does not automatically lose the right to use her maiden surname by virtue of her marriage. Because of the use of the word may, the law in effect gives the woman an option. This implies, although not stated categorically, that she may also opt not to use her husband's surname nor append her husband's surname on her maiden surname.

This has been the problem for women who choose not to change their surname or append their husband's surname. In almost all transactions, business establishments and government offices assume that a married woman must use the husband's surname and as a result they unilaterally drop the maiden name. Even in addressing a married woman, she is referred to as the Mrs. of her husband.

The provisions of the Civil Code governing marriage and family relations had been repealed by the Family Code. However, the provisions on persons, property, obligations and contracts remain in force and in effect.

The rule on donations provides that donations between persons guilty of adultery and concubinage are void. In succession laws, those below 18 years of age cannot make a will. Married women can make a will and dispose of her properties without the need for the consent of her husband. It provides also for grounds for disinheritance of children and spouse.