Dumaguete Info Search


The Middle Name

Discussion in 'Expat Section' started by eskirvin, Mar 15, 2021.

  1. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    You quote the law in your usual amazing style - but are all your laws sensible (and fair) in the modern age? In addition to naming a child: there is the law telling people who inherits their money (it can be a philandering husband with kids in many places but still married - see my next one!); absence of divorce laws trapping your people (especially women - see my next one!); criminalizing a married woman's new relationships, but allowing the 'husband' free to roam and impregnate as many woman as he wishes.

    It is your country, but your laws on divorce (as you know, the ONLY country in the world) and criminalizing women and not men for the same situation should (IMO) eliminate your country from the International Community. Until you treat all your citizens equally (and give them rights even the most unpleasant nations give their people) then you should be ostracized.
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    I love that you spent time doing this and I really appreciate it, but as stated earlier, I already did this research. Are you saying the the Philippines confuses a "right" as a "responsibility" to bear the surnames of the parents? My take on this, with my zero seconds of law study, but 47 years of common sense, indicates this is a decision for the child, if it has been previously denied to them. An easy example I could think of, is in the event of a divorce between my wife and I, my daughter has the "right" to use whichever of our names, or both, as she sees fit. I'm puzzled if you construe a "right" differently.

    In none of the other texts that you quoted is the middle name mentioned even once, except by reference to the Civil Code, which states as follows:

    Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:


    (1) Add a middle name or the mother's surname, or

    (2) Add the Roman Numerals II, III, and so on.


    Art. 376. No person can change his name or surname without judicial authority.

    Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.


    Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.


    Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.


    Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.

    Reading the law, it is very obvious that people can use a middle name OR the mother's maiden name. I find it hard to understand how you construe that to read otherwise. The only possibility, other than the people who've interpreted the law being amazingly lacking in intelligence, is that the original document was written in a language other than English and its meaning did not survive translation.
     
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  3. Mom Miriam

    Mom Miriam DI Member

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    Thank you! As my friend lawyers say, "Dura Lex Sed Lex Law" or, in this case, the law appears unfair but it is the law and it must be obeyed. I quote our laws, fair or not, so that there can be official guidance apart from fake news or misinterpretation for resolving problems. If our laws remain conservative or preservative, it comes from adherence to values we hold dear and which we will not exchange for freedoms that erode family ties, corrupt women, and unprotect children -- even if we remain a backward or poor nation. We do not have the arrogance to think we are better or to intererfere with other nations' way of life; and when we visit foreign lands, we are humble to respect and "do as the Romans do."
     
    Last edited: Mar 17, 2021
  4. Mom Miriam

    Mom Miriam DI Member

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    Thank you for the appreciation! Lest you start to think I must be some kind of legal professional or student of law, I better declare that I’m just a senior person who enjoys writing and, where a subject tickles my personal interest or curiousity, I also enjoy the challenge of putting together authoritative information that rises above din of fake news and/or disinformation. It’s like enjoying a challenging crossword puzzle and then shining light of truth in darkness of lies and deception or wielding my pen like a singing sword!

    Bearing the surnames of both father and mother is a child's right because being so named gives sure acknowledgement of filiation and distinct identity that comes with obligatory support from both parents and shields lawful rights to inheritance in minor age. Seeing to it that a child is properly named in civil registry is a responsibility of the parents, the OB Gyne or midwife, and the local civil registrar. And yet, should the child wish to do away with his mother's maiden surname for some reason, the law allows him if he has reached age 21 when he is lawfully deemed an adult emancipated, free to live his own life as he sees fit.
     
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    Last edited: Mar 17, 2021
  5. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    My wife and I debated the middle name of our boy. We agreed, without a problem, on the first name. Her argument on the middle name was you have to consider the boy is (half) filipino and the tradition is what it it. I respect that and agreed. I think his lola and lolo are very happy. Peace
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    What law? Everyone keeps saying it is the law, but there is no law, as I've pointed out.

    My wife and I had this same discussion. My only argument against adding my wife's maiden name was unduly burdening my daughter when writing her name, and my wife agreed. She never mentioned the law or a tradition. As the parents of our daughter, we should have the sole right to name her, as long as she doesn't dispute that choice. Everyone keeps saying law and tradition, but again, the tradition is incorrect and there is no law.
     
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  7. Mom Miriam

    Mom Miriam DI Member

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    Sounds like my teacher mom when she realized I actually gave one of my kids 4 first names to honor ascendants for sentimental reasons. So I taught my kid to write the first given name in full and abbreviate the 3 others as initials, so that there now are 4 initials (including middle name) between first name and last name. The advantage is, my kid can only be the one so distinctly named in the entire world so that there can not be a similar name in the NBI or InterPol database that could create complication. The disadvantage is, my kid causes a problem among consular staff when applying for any visa abroad - the number of characters exceeds limits! Even the banks complain!

    Seriously, the tradition is correct according to our Hispanic heritage of giving equal value to both lineage from birth mother and lineage from birth father; and the law exists as statute upheld by jurisprudence and enforced by the government. Now if you stay stiff-necked like an "ever hearing, but never understanding... ever seeing, but never perceiving" Israelite in Kuwait desert, I doubt if the Philippine Consulate in Kuwait will ever issue your daughter a Philippine Passport. If so, should she enter Philippines holding only a US Passport, she will be regarded an alien subject to Bureau of Immigration regulations and fees, just like you are. Best of luck, then!
     
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    Last edited: Mar 18, 2021
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Jim787 has accurately portrayed the Spanish naming tradition. What tradition are you referring to that is Hispanic? And yes, laws do exist, but none of them state, at least none you have revealed, what a person's middle name has to be. How is a person being stiff necked to want to name their daughter? The Filipino people really do worship their government, sadly.
     
  9. Mom Miriam

    Mom Miriam DI Member

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    Instructional handbooks, procedural guidelines and administrative circulars directing manner of doing work, public policy guidelines, implementing rules and regulations, and interpreting Decisions or Resolutions rendered by the Supreme Court all form part of existing law, in addition to legislated statute, in the Philippine legal system.

    Take it from my Fil-Deutsche grand kids who are minors not yet of age to elect their preferred citizenship: They enter, stay in, and exit Philippines using their Philippine Passport without need of a Philippine visa or payment of immigration fees. They enter, stay in, and exit Germany using their German Passport also without need of a German visa or immigration fees. Same thing for my Fil-Ausssie grand kids, Fil-Am nieces, Fil-Canadian nephews, and Fil-Brit nephews. It's how things work for kids who are half and half.
     
    Last edited: Mar 18, 2021
  10. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    What are the exceptions in the previous article? You did not post article 379.

    :meh: Yeah. Sounds about right.
     
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