Under Philippine law, a married woman may use her husband’s surname — but she is not required to do so. Her maiden name remains her legal name, and taking the husband’s surname is treated as a right or privilege, not an obligation.

Below is a structured, “all you need to know” guide, in legal-article form, focused on Philippine law and jurisprudence.

I. Legal Basis: Civil Code, Family Code, and Related Laws

1. Civil Code provisions on married women’s surnames

The starting point is Article 370 of the Civil Code, which provides that a married woman may use:

Her maiden first name and surname and add her husband’s surname
- Example: Maria Santos married to Juan Reyes → Maria Santos-Reyes
Her maiden first name and her husband’s surname
- Example: Maria Reyes
Her husband’s full name, but prefixing a word indicating that she is his wife
- Example: Mrs. Juan Reyes

Key word: may. The law does not say “shall.” It gives options.

Historically, some people misread this as meaning a married woman must drop her maiden surname and use one of those three forms. But modern doctrine and jurisprudence have clarified that:

The list in Article 370 specifies ways she may choose to use her husband’s surname.
It does not erase her maiden name as her legal name.
Therefore, continuing to use her maiden name alone is not prohibited.

2. The Family Code and the right to a name

While the Family Code deals heavily with status, marriage, filiation, and surnames of children, it did not repeal the Civil Code provisions on a married woman’s surname. Instead, the two are read together:

A person’s name (given name and surname) is a matter of civil status and identity.
Any change of name is generally governed by Rule 103 and Rule 108 of the Rules of Court and by Republic Act No. 9048 (as amended by RA 10174) for certain clerical corrections and change of first name/nickname.

Because of this, courts treat the use of the husband’s surname as a change of how she presents herself, not as an automatic legal renaming that extinguishes the maiden name.

II. Is a Married Woman Required to Use Her Husband’s Surname?

1. General rule: No, it’s optional

Philippine jurisprudence has repeatedly stated that:

A married woman is not legally compelled to use her husband’s surname.
She may continue using her maiden name for all legal purposes — contracts, IDs, passports, etc.
Using the husband’s surname is a privilege arising from marriage, not a legal duty.

This position is grounded in:

The wording of Article 370 (“may use”).
Constitutional principles of substantive due process and equal protection, as forcing a woman to abandon her own surname while the man’s surname is preserved can be considered discriminatory.
The idea that a person’s name is an aspect of identity and autonomy.

2. What Article 370 really does

Article 370 does not say:

“A married woman shall stop using her maiden surname.”

Instead, properly interpreted, it means:

If she chooses to use her husband’s surname, the law recognizes specific forms in which she can do so.
Her maiden name is not nullified by marriage.
Government agencies cannot legally force her to take her husband’s surname against her will.

III. The Options In Detail

Assume Maria Luisa Santos marries Juan Dela Cruz.

1. Continue to use her maiden name

Legally permissible: Maria Luisa Santos

She may sign contracts, enroll in school, practice her profession, hold public office, or apply for a passport as Maria Luisa Santos, even after marriage.
The marriage certificate simply records that she is married to Juan Dela Cruz; it does not automatically rename her.

This is often the preferred option for:

Professionals who have built a reputation under their maiden name (lawyers, doctors, academics, artists).
Women who simply prefer to retain their maiden identity.

2. Maiden name + husband’s surname (hyphenated or unhyphenated)

From Article 370(1):

Maria Luisa Santos-Dela Cruz (hyphenated), or
Maria Luisa Santos Dela Cruz (unhyphenated, but conceptually similar).

This reflects continuity of her original surname while acknowledging marriage.

3. Maiden first name + husband’s surname

From Article 370(2):

Maria Luisa Dela Cruz

Here, she drops “Santos” and adopts “Dela Cruz” as her surname in usage. This is common in many official forms and is often what government staff instinctively expect, but again, it is not mandatory.

4. Mrs. + husband’s full name

From Article 370(3):

Mrs. Juan Dela Cruz

This is more of a social or courtesy form. It is less common today in formal legal documents but still appears in social invitations and traditional settings.

IV. Administrative Practice: IDs, Passports, and Government Records

1. Philippine Statistics Authority (PSA) records

Marriage Certificate: It records both spouses under the names they had at the time of marriage (maiden name for the wife).
This document does not erase the maiden surname; it simply proves that Maria Santos is married to Juan Dela Cruz.

2. Passports

Under the Philippine Passport Act and its implementing rules:

A married woman may apply for or renew a passport either:
- using her maiden surname, or
- using any of the valid married forms (e.g., Maria Santos-Dela Cruz, Maria Dela Cruz).

Important points:

If she chooses to keep her maiden name, DFA must respect that choice.
Once she decides to start using her husband’s surname in her passport, consistency is usually expected — frequent switching is discouraged and may require justification.

3. Other IDs and records (PRC, SSS, GSIS, PhilHealth, driver’s license, etc.)

Agencies will often ask for:

Marriage certificate (if using husband’s surname), or
Birth certificate (if using maiden name).

In principle:

If she is using her maiden surname, she relies on her birth certificate as proof.
If she wants to use her married surname, she uses both:
- birth certificate (to show original identity), and
- marriage certificate (to show basis for the married surname).

V. Reverting to the Maiden Name

The next big question: once a woman uses her husband’s surname, can she later go back to her maiden name?

Yes — and the law sets out various scenarios.

1. Widowhood

Under Article 371 of the Civil Code, a widow may:

Continue using her married name, e.g., Maria Santos-Dela Cruz or Maria Dela Cruz, or
Resume her maiden name, Maria Santos.

The choice remains with her, though in practice, some documentation updates may be needed (IDs, records, etc.).

2. Annulment or declaration of nullity of marriage

When a marriage is annulled or declared void (under the Family Code), the woman may:

Revert to her maiden name; this is the general rule and often reflected in court decisions.
In some situations (especially where there are compelling reasons), she might still wish to use her former husband’s surname, but this is exceptional and usually requires legal basis or court recognition.

Practically:

After finality of the decree, she:
- updates her civil status and surname in PSA records,
- processes corrections/changes with DFA, SSS, PRC, etc.

3. Legal separation

In legal separation, the marriage bond is not severed, but cohabitation ends and property relations are adjusted.

She is allowed to resume her maiden name, especially if hostility or inconvenience arises from using the husband’s surname.
However, because the marriage technically subsists, some agencies may require court orders and rely on the specific wording of the decree.

4. Foreign divorce (for mixed marriages)

Under Article 26(2) of the Family Code, when a Filipino is married to a foreigner and a valid foreign divorce is obtained by the foreign spouse, the Filipino spouse is allowed to remarry, once the divorce is recognized by a Philippine court.

For the Filipino wife:

After the Philippine court recognizes the foreign divorce judgment:
- She may revert to her maiden name for all legal purposes.
- She then uses that court decision plus the PSA-annotated documents to change her passport, IDs, etc.

VI. Limitations: What a Married Woman Cannot Freely Do with Surnames

Even though there is flexibility, there are legal boundaries.

1. No arbitrary “designer names”

She cannot:

Invent entirely new surnames unrelated to her maiden surname or her husband’s surname (e.g., “Maria Skywalker”),
Use aliases publicly without complying with C.A. No. 142 on aliases, except in customary or purely informal/social use.

Legal name changes outside the context of marriage, widowhood, or annulment generally require:

A judicial petition for change of name under Rule 103, or
Administrative petitions under RA 9048 and RA 10174 for limited cases (mostly first names and clerical errors).

2. No whimsical switching “at will”

Once she has adopted one form in her official records (e.g., passport, PRC license, bank accounts), she cannot keep switching forms every few months simply for convenience.

Consistency and stability of records are important.
To change the form she uses, she will usually need:
- supporting documents (marriage certificate, annulment decree, etc.), and
- to follow the procedures set by each agency.

3. Protection against fraud

Using different surname forms across documents is not illegal per se, but if done to deceive or commit fraud (e.g., to hide assets, evade obligations), it can lead to:

criminal liability (e.g., estafa, falsification), and
civil consequences (rescission of contracts, damages).

VII. Married Women in Professional and Public Life

1. Women lawyers, doctors, and other professionals

Professional regulations and practice recognize that:

Many women keep their maiden name in official rolls (e.g., Roll of Attorneys, PRC registry) but may socially be addressed with their husband’s surname.
The Supreme Court has allowed female lawyers to:
- stay listed under their maiden surname, even after marriage; or
- use their husband’s surname if they so choose, usually with a formal notice of change for the court and IBP records.

2. Politicians and public officials

You will often see:

Ballots and COMELEC records using either:
- the maiden surname,
- the married surname, or
- a hyphenated surname.

While political branding often dictates the choice, legally it still rests on:

her proper civil identity, and
her election-related documents being consistent and not misleading.

VIII. Children’s Surnames vs. Mother’s Surname

One common confusion: The mother’s choice of surname has no effect on the child’s right to use the father’s surname if paternity and filiation are validly established.

Even if the mother keeps her maiden surname, children may still lawfully use the father’s surname (subject to the rules on legitimate, illegitimate, and legitimated children under the Family Code and related jurisprudence).
Children’s surnames follow their own rules; they are not automatically tied to whatever surname form the mother chooses to use.

IX. Practical Tips for Married Women in the Philippines

Decide early how you want to be known
- If you are a professional or public personality, consider whether keeping your maiden name serves your career and identity better.
Be consistent across critical documents
- Aim to make your name uniform across passport, ID cards, bank accounts, and professional records, unless there is a clear and legal reason to change.
Know your rights at government counters
- If an officer insists you “must” take your husband’s surname, you can politely assert that:
  - The law says you may use it, not that you must.
  - Your maiden surname remains valid after marriage.
In case of annulment, nullity, or foreign divorce
- Consult a lawyer to:
  - Secure a final decision and/or judicial recognition of the foreign decree.
  - Process changes in PSA records.
  - Use those documents to update IDs and passports back to your maiden name.
Avoid informal “mix and match”
- Use one clear legal identity in formal dealings. Reserve casual or variant forms for purely social contexts.

X. Summary

Under Philippine law, a married woman’s maiden name remains her legal name.
She is not legally required to use her husband’s surname.
Article 370 of the Civil Code gives her options in using her husband’s surname, not a mandate to abandon her own.
She may:
- keep her maiden name,
- use a hyphenated form (maiden + husband’s surname),
- use maiden first name + husband’s surname, or
- use “Mrs. + husband’s full name” in social contexts.
She can revert to her maiden name upon widowhood, annulment, nullity, or validly recognized foreign divorce.
She cannot arbitrarily invent new surnames or switch name forms capriciously in official records.

In short: Philippine law respects a married woman’s freedom to choose her surname. Marriage gives her the option to use her husband’s surname — it does not strip her of her right to keep and continue using her own.