Text of the provision

Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.

What this article means

Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

A voidable marriage is one that is valid and produces legal effects unless and until a court annuls it, which is why children conceived while it still stood are treated for surname purposes much like children of a valid marriage. The rule turns on timing rather than on the later annulment itself: what matters is whether conception occurred before the decree, not when the child was born or how the marriage was ultimately resolved.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.