Yasin v.

Judge, Sharia District Court

23 February 1995
Ponente: BIDIN, J.
Topic: Effects of final judgment declaring nullity: use of surnames
Facts:
Hatima Yasin was granted a divorce from Hadji Idris Yasin by the Mindanao Islamic Center
Foundation, in accordance with Islamic Law (1984). Her former husband thereafter
contracted a subsequent marriage to another woman. Some 6 years later, Hatima Yasin
filed in the Sharia District Court in Zamboanga City a petition to resume the use of her
maiden name: Hatima Centi y Saul (by invoking the provisions Art. 143(1c) of P.D. No.
1083 in relation to NCC Art. 371(2)).
The respondent court found her petition lacking as it failed to adhere to the requirements
set out in Sec. 2(a) & 3, Rule 103, Rules of Court (i.e. the residence of the petitioner and
the name sought to be adopted are not properly indicated in the title of the petition, which
should have also included all the names by which the petitioner has been known). The
court ordered Hatima to amend her petition.
Hatima filed a motion for reconsideration: her petition isnt covered by Rule 103, as it was
a petition to resume the use of her maiden name and surname after the dissolution of her
marriage. Court countered that since her petition is substantially one for change of name,
compliance with Rule 103 is necessary for the judicial authorization of such (NCC Art.
376). A change of name is a privilege, not a matter of right.
P.D. No. 1083: Code of Muslim Laws of the Philippines
Art. 143(1c): Courts original jurisdiction over petitions for correction of entries in the Muslim Registries
Rule 103, ROC: Special Proceedings, Change of Name

Issues:
W/N a petition for resumption of maiden name and surname is also a petition for change
of name (especially in the context of dissolution of marriage under P.D. No. 1083)
Decision: Petition is granted; Hatima is authorized to resume her maiden name and
surname.
Held
The true and real name of a person is
that given to them and entered in the
civil register.

Petition of Hatima to resume use of her

maiden name was superfluous and
unnecessary.

Ratio
With respect to NCC Art. 376, the only name that may
be changed is the true and official name in the civil
register (Ng Yao Siong v. Republic)
(Petitioners registered name is Hatima Centi y
Saul)
NCC: use of husbands name during marriage (NCC
Art. 370), after annulment (NCC Art. 371), & after
death of husband (NCC Art. 373) is permissive and
not obligatory (except in the case of legal separation)
optional, not required
(Note: NCC and ROC to be applied suppletorily, as
long as not inconsistent with Muslim Code)
Effects of irrevocable divorce, according to Muslim
Law: severance of marriage bond, subsequent
marriages allowable
When the marriage bond no longer exists as in the
case of death of husband or divorce (as authorized by
the Muslim Code), the widow or the divorcee doesnt
need to seek judicial confirmation of the change in

her civil status in order to revert to her maiden name

No law or rule provides for the procedure by which
such confirmation may be obtained
Note: Even though Court said her petition was unnecessary, they decided to give it due course. They found it
lacking in terms of form and substance, but held that remanding the petition to a lower court would be against
public interest. So, they granted it anyway.