17. HATIMA C. YASIN v.

 hereafter the former husband Hadji Idris Yasin contracted another

THE HONORABLE JUDGE SHARI'A DISTRICT COURT THIRD SHARI'A marriage to another woman
JUDICIAL DISTRICT, Zamboanga City After the dissolution of her marriage by divorce under the Code of Muslim
G.R. No. 94986 February 23, 1995 Law of the Philippines, petitioner Yasin filed a petition to resume the use of
maiden name before the Shari'a District Court.
Sharia District Court:
Is a petition for resumption of maiden name or surname by a woman
who is divorced also a petition for change of name which requires On July 4, 1990, the respondent court issued an order directing that the
compliance with the formal requirements of Rule 103 of the Rules of pleading be rectified accordingly, as it appears that petition filed is not
Court? sufficient in form and substance in accordance with Section 2(a) and 3, Rule
103, Rules of Court, regarding the residence of petitioner and the name
The onerous requirements of Rule 103 of the Rules of Court on change of sought to be adopted is not properly indicated in the title thereof which should
name should not be applied to judicial confirmation of the right of a divorced include all the names by which the petitioner has been known.
woman to resume her maiden name and surname.
Motion for Reconsideration - Hatima filed a motion for reconsideration of
When a woman marries a man, she need not apply and/or seek judicial the aforesaid order alleging that the petition filed is not covered by Rule 103
authority to use her husband's name by prefixing the word "Mrs." before her of the Rules of Court but is merely a petition to resume the use of her maiden
husband's full name or by adding her husband's surname to her maiden first name and surname after the dissolution of her marriage by divorce under the
name. The law grants her such right (Art. 370, Civil Code). Similarly, when Code of Muslim Personal Laws of the Philippines (P.D. No. 1083), and after
the marriage ties or vinculum no longer exists as in the case of death of the marriage of her former husband to another woman.
husband or divorce as authorized by the Muslim Code, the widow or divorcee
need not seek judicial confirmation of the change in her civil status in order to
revert to her maiden name as the use of her former husband's name is MR DENIED.
optional and not obligatory for her (Tolentino, Civil Code, p. 725, 1983 ed.;
Art. 373, Civil Code). When petitioner married her husband, she did not Ground: petition is substantially for change of name and that compliance with
change her name but only her civil status. Neither was she required to secure the provisions of Rule 103, Rules of Court on change of name is necessary if
judicial authority to use the surname of her husband after the marriage as no the petition is to be granted as it would result in the resumption of the use of
law requires it. petitioner's maiden name and surname.

In view of the foregoing considerations, the petition to resume the use of Hence, this Petition.
maiden name filed by petitioner before the respondent court a superfluity and
unnecessary proceeding since the law requires her to do so as her former
husband is already married to another woman after obtaining a decree of ISSUE:
divorce from her in accordance with Muslim laws. Is a petition for resumption of maiden name or surname by a woman who is
divorced also a petition for change of name which requires compliance with
the formal requirements of Rule 103 of the Rules of Court?
FACTS:
Stated otherwise, the issue is: whether or not a petition for resumption of
 Hatima C. Yasin a Muslin Filipino maiden name and surname is also a petition for change of name.
 She formerly married to a certain Hadji Idris Yasin, also a Muslim
Filipino in accordance with Muslim rites and customs and who is now
residing at Barangay Recodo, Zamboanga City, but sometime on
March 13, 1984, they were granted a decree of divorce by the
Mindanao Islamic Center Foundation, Inc., in accordance with Islamic
Law, the divorce rites was officiated by Ustadz Sharif Jain Jali as
evidenced by his Certification, dated march 13, 1984
HELD:
 The Court rules in the negative. (a) The marriage bond shall be severed and the spouses may contract
another marriage in accordance with this Code;
 The true and real name of a person is that given to him and entered in
the civil register. The divorce becomes irrevocable after observance of a period of waiting
called idda (Art. 56, PD 1086) the duration of which is 3 monthly courses
While it is true that under Article 376 of the Civil Code, no person can change after termination of the marriage by divorce (Art. 57[b], PD 1083). Under
his name or surname without judicial authority, nonetheless, the only name Article 187, PD 1083, the Civil Code of the Philippines, the Rules of Court
that may be changed is the true and official name recorded in the Civil and other existing laws, insofar as they are not inconsistent with the
Register. Thus, this Court in Ng Yao Siong v. Republic (16 SCRA 483 provisions of this Code (the Code of Muslim Personal Laws), shall be
[1966]), held: applied suppletorily.
In a proceeding for a change of name the following question may Even under the Civil Code, the use of the husband's surname during the
crop up: What is the name to be changed? By Article 408 of the Civil marriage (Art. 370, Civil Code), after annulment of the marriage (Art. 371,
Code a person's birth must be entered in the civil register. So it is, Civil Code) and after the death of the husband (Art. 373, Civil Code) is
that the civil register records his name. That name in the civil permissive and not obligatory except in case of legal separation (Art. 372,
register, for legal purposes, is his real name. And correctly so, Civil Code). Thus, Articles 370 and 371 of the Civil Code provides:
because the civil register is an official record of the civil status of
persons. A name given to a person in the church record or elsewhere Art. 370. A married woman may use:
or by which he is known in the community — when at variance with (1) Her maiden first name and surname and add her husband's surname, or
that entered in the civil register — is unofficial and cannot be
recognized as his real name. (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."
We therefore rule that for the purposes of an application for change
of name under Article 376 of the Civil Code, the only name that may
be changed is the true or official name recorded in the civil register. Art. 371. In case of annulment of marriage, and the wife is the guilty party,
Petitioner's registered name is Hatima Centi Y. Saul. In the instant petition, she shall resume her maiden name and surname. If she is the innocent
petitioner does not seek to change her registered maiden name but, instead, spouse, she may resume her maiden name and surname. However, she may
prays that she be allowed to resume the use of her maiden name in view of choose to continue employing her former husband's surname, unless:
the dissolution of her marriage to Hadji Idris Yasin, by virtue of a decree of (1) The court decrees otherwise, or
divorce granted in accordance with Muslim law.
(2) She or the former husband is married again to another person.
Divorce (talaq) is defined in PD 1086, the Code of Muslim Personal Laws of
the Philippines, as formal dissolution of the marriage bond in accordance with When a woman marries a man, she need not apply and/or seek judicial
this Code to be granted only after exhaustion of all possible means of authority to use her husband's name by prefixing the word "Mrs." before her
reconciliation between the spouses. It may be effected by: husband's full name or by adding her husband's surname to her maiden first
name. The law grants her such right (Art. 370, Civil Code). Similarly, when
(a) Repudiation of the wife by the husband (talaq); the marriage ties or vinculum no longer exists as in the case of death of the
xxx xxx xxx husband or divorce as authorized by the Muslim Code, the widow or divorcee
need not seek judicial confirmation of the change in her civil status in order to
(c) Judicial decree ( faskh). revert to her maiden name as the use of her former husband's name is
Divorce (talaq or faskh) severs the marriage bond. Thus, Article 54 of PD optional and not obligatory for her (Tolentino, Civil Code, p. 725, 1983 ed.;
1086 provides: Art. 373, Civil Code). When petitioner married her husband, she did not
change her name but only her civil status. Neither was she required to secure
Art. 54. Effects of irrevocable talaq or faskh. — A talaq or faskh, as soon as it judicial authority to use the surname of her husband after the marriage as no
become irrevocable, shall have the following effects: law requires it.
In view of the foregoing considerations, the petition to resume the use of
maiden name filed by petitioner before the respondent court a superfluity and
unnecessary proceeding since the law requires her to do so as her former
husband is already married to another woman after obtaining a decree of
divorce from her in accordance with Muslim laws.
Although there is no legal prohibition against obtaining a judicial confirmation
of a legal right, nevertheless, no law or rule provides for the procedure by
which such confirmation may be obtained. In view of such circumstances, the
onerous requirements of Rule 103 of the Rules of Court on change of
name should not be applied to judicial confirmation of the right of a
divorced woman to resume her maiden name and surname. In the
absence of a specific rule or provision governing such a proceeding, where
sufficient facts have been alleged supported by competent proof as annexes,
which appear to be satisfactory to the court, such petition for confirmation of
change of civil status and/or to resume the use of maiden name must be
given due course and summarily granted as in fact it is a right conferred by
law.
While the petition filed in the instant case leaves much to be desired in
matters of form and averment of concise statements of ultimate facts
constituting the petitioner's cause of action, nevertheless, giving it a most
liberal construction, the petition suffices to convey the petitioner's desire and
prayer to resume her maiden surname on grounds of her divorce from her
former husband and subsequent marriage of the latter to another woman.
The remand of this case to the trial court would only delay the final
disposition of this case and would not serve the public interest. We have
consistently ruled that the remand of the case to a lower court for further
reception of evidence is not necessary if this Court can already resolve the
dispute on the basis of the records before it