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.
Questions about this provision
Related provisions
- Article 362 — Judicial Admonition of Parents.
- Article 370 — How a Wife May Style Herself.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.