Tuesday, December 18, 2018

Arroyo seeks to allow women to go back to maiden surname

Aug 9, 2018 @ 1:30

Former President and now Speaker Gloria Macapagal-Arroyo has filed a bill to allow women to revert to their maiden surname.

House Bill No. 6028 known as the “Reversion to Maiden Name Act” provides that the State shall value the dignity and independence of women and guarantees full respect for their freedom of choice of surname.

“Hence, the State shall provide a method for reversion to maiden name to fully empower women to be truly independent in their social and economic affairs,” the bill read.

It said that no entry in a civil register shall be changed or corrected without a judicial order, except as provided in the proposed measure and under Republic Act No. 9048 or “An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register Without Need of a Judicial Order.”

Allowed to file a verified petition for reversion to her maiden name is a woman who is or was validly married. She could file the petition before the local civil registry of the city or municipality where her record is kept.

The bill cited six grounds for reversion to maiden name. They are the following:

– After a marriage has been judicially declared null and void or after its annulment;

– After a judicial declaration of legal separation provided that there has been no manifestation of reconciliation filed with the court;

– After a judicial declaration of separation of property provided that there has been no subsequent decree reviving the old property regime between the spouses;

– If the spouses stipulated in their marriage settlement that a regime of separation of properties shall govern their property relations;

– If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years; or

– If the petitioner’s husband may be presumed dead pursuant to the circumstances, periods and conditions set forth in the Civil Code of the Philippines and the Rules of Court.

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