In the Philippines, a common misconception persists that a woman is legally required to adopt her husband’s surname upon marriage. This cultural tradition is so deeply ingrained that many assume the change is automatic or mandatory. However, Philippine law and landmark Supreme Court rulings tell a different story.
Under the Civil Code of the Philippines and reinforced by recent jurisprudence, a married woman has the right to use her maiden name even while the marriage subsists.
The Legal Framework: Article 370 of the Civil Code
The primary law governing surnames for married women is Article 370 of the Civil Code. It states:
A married woman may use:
- Her maiden first name and surname and add her husband's surname, or
- Her maiden first name and her husband's surname, or
- Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."
The keyword in this provision is "may." In statutory construction, "may" is permissive, not mandatory. This means a woman is granted an option, not an obligation, to use her husband's name.
Jurisprudence: The Remo and Yasin Cases
The Supreme Court has clarified this right in several landmark cases, most notably Remo v. Secretary of Foreign Affairs and Yasin v. Shari’a District Court.
- The Right to Choose: The Court ruled that a married woman is allowed by law to use her maiden name. She does not lose her maiden name just because she got married.
- The Limitation of Reversion: While a woman can choose to keep her maiden name from the start, a complication arises if she has already started using her husband's surname in official documents (like a passport).
- If a woman has already opted to use her husband's surname, she generally cannot revert to her maiden name at will for the purpose of a passport renewal unless the marriage is dissolved (death, annulment, or divorce for foreigners).
- However, for other records, the right to use the maiden name remains a valid legal choice, provided it is not done for fraudulent purposes.
Practical Applications and Challenges
While the law supports the use of a maiden name, the "system" often presents hurdles. Here is how it plays out in various sectors:
| Sector | Policy/Practice |
|---|---|
| Passports (DFA) | Strict. Once you use your husband's name on a passport, the DFA typically requires a death certificate or a court decree of annulment to change it back to your maiden name. |
| Professional Regulation (PRC) | Allows the use of maiden names. Many female doctors and lawyers choose to keep their maiden names to maintain professional continuity. |
| Banking & Private Firms | Generally flexible but may require an explanation or a "Request for Reversion" letter citing Article 370. |
| Voter's Registration | Often follows the name presented in the primary ID, but legally, the maiden name is valid. |
Why Revert? Common Motivations
There are several reasons why a woman might choose to revert to or maintain her maiden surname during marriage:
- Professional Identity: Retaining a name associated with academic achievements, licenses, or a built "brand."
- Administrative Simplicity: Avoiding the tedious process of updating every single legal document (ID, SSS, GSIS, PhilHealth, etc.).
- Personal Preference: A desire to maintain one's own identity and lineage.
Summary of Rules
- Marriage does not strip a woman of her maiden name. She remains a "holder" of that name for life.
- The choice belongs to the woman. The husband cannot legally compel his wife to use his surname.
- Consistency is key. While you have the right to use your maiden name, switching back and forth between surnames in different government agencies can lead to "identity discrepancies" and administrative delays.
Note: If you are currently using your husband's name and wish to revert, it is best to consult with the specific agency (like the DFA or LTO) first, as their internal administrative rules may be more restrictive than the general provision of the Civil Code.
Would you like me to draft a formal letter of request to a government agency or bank citing these legal bases for the use of your maiden name?