I. Introduction
In the Philippines, marriage to a foreign national triggers specific rules on surname usage under the Civil Code, the Family Code, and administrative regulations of the Department of Foreign Affairs (DFA). A common question that arises is whether a Filipino spouse may drop the middle name when applying for a new passport reflecting the foreign spouse’s surname. This article exhaustively examines the legal framework, DFA policy, documentary requirements, and practical limitations—without recourse to external searches—based on settled Philippine law and DFA Consular Instructions as codified up to the present administrative practice.
II. Governing Laws on Surname After Marriage
A. Article 370, Civil Code of the Philippines (Republic Act No. 386)
“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.’”
This provision applies equally to Filipino women married to foreigners (Supreme Court in Remo v. Secretary of Foreign Affairs, G.R. No. 180534, 2008).
B. Rule 105, Administrative Order No. 1, Series of 1993 (DFA Implementing Rules)
“A Filipino woman married to a foreign husband may elect to use her husband’s surname in the sequence prescribed by Article 370.”
C. Republic Act No. 8239 (Philippine Passport Act of 1996), Section 5
The passport shall contain the full name of the applicant as it appears in the Philippine Statistics Authority (PSA)-issued Certificate of Live Birth or, in case of marriage, the PSA-issued Certificate of Marriage (COM).
III. The Middle Name in Philippine Nomenclature
A. Legal Nature of the Middle Name
- The middle name is the mother’s maiden surname (Article 174, Family Code; Rule 2, A.O. 1, s. 2001, IRR of R.A. 9048/10172).
- It is not optional; it is part of the complete legal name registered with the PSA.
B. DFA Policy on Middle Name Retention
DFA Memorandum Circular No. 003-2016 (clarified in 2019 and 2022 advisories):
“The middle name shall not be omitted in the passport even if the applicant elects to use the foreign husband’s surname. The passport shall reflect the name in the exact sequence appearing in the PSA COM.”
Explicit prohibition: The DFA does not allow dropping of the middle name for passport purposes, even if the foreign spouse’s jurisdiction permits it.
IV. Permissible Name Sequences in the Passport
| Option | Sequence in Passport | Legal Basis |
|---|---|---|
| 1 | [Maiden First Name] [Mother’s Maiden Surname] [Husband’s Surname] | Art. 370(1), Civil Code |
| 2 | [Maiden First Name] [Husband’s Surname] | Art. 370(2), Civil Code BUT middle name must still appear in the “Middle Name” field |
| 3 | Mrs. [Husband’s Full Name] | Art. 370(3) – rarely used in passports |
Critical Clarification: Even under Option 2, the DFA requires the middle name to be printed in the “Middle Name” data field of the MRV (Machine-Readable Visa) page. The visual surname line may read “[Maiden First] [Husband’s Surname]”, but the OCR line and database retain the full tripartite name.
V. Documentary Requirements for Passport Renewal/Amendment
| Document | Requirement |
|---|---|
| PSA Certificate of Marriage (COM) | Must annotate the wife’s elected surname |
| Original + photocopy of foreign marriage certificate | If celebrated abroad, must be reported to the Philippine Embassy/Consulate and registered with PSA |
| Valid ID reflecting elected surname | e.g., SSS, driver’s license (optional but helpful) |
| DFA Form | Indicate elected surname exactly as annotated in PSA COM |
Note: If the COM is not yet annotated with the elected surname, the applicant must first file a Petition for Annotation of Marriage with the Local Civil Registrar (LCR) where the COM is registered.
VI. Can the Middle Name Be Legally Dropped?
A. Short Answer
No. Not for passport purposes.
B. Legal Impossibility
PSA Registry: The middle name is immutable unless changed via:
- R.A. 9048 (clerical error) – not applicable for voluntary dropping.
- R.A. 10172 (gender/change of first name) – not applicable.
- Court-ordered change of name (Rule 103, Rules of Court) – extremely rare and requires compelling reason (e.g., disownment, not mere preference).
DFA Database: The DFA pulls data from the PSA Civil Registry System (CRS). Dropping the middle name would constitute falsification of civil registry records (punishable under Article 171, Revised Penal Code).
C. Foreign Practice Irrelevant
Even if the foreign spouse’s country issues a passport without a middle name, Philippine law governs the Filipino spouse’s passport.
VII. Practical Workarounds (Limited)
| Workaround | Feasibility | Limitation |
|---|---|---|
| Use of AKA (Also Known As) | Allowed in some DFA offices for dual citizenship cases | Not permitted for surname-only change |
| Retention of maiden surname in passport | Fully allowed | Defeats purpose of adopting foreign surname |
| Court petition to drop middle name | Theoretically possible | Requires change of entire name structure; DFA will still require PSA annotation |
VIII. Sample Passport Name Entries
| Elected Option | Given Names | Surname | Middle Name |
|---|---|---|---|
| Option 1 | Maria | Cruz | Santos (mother’s maiden) |
| Option 2 (visual) | Maria | Smith | Santos (still printed in middle name field) |
OCR Line: P<PHLSANTOS<<MARIA<<<<<<<<<<<<<<<<<<< data-preserve-html-node="true"
IX. Special Cases
A. Annulment/Divorce (Foreign)
- If the foreign marriage is dissolved via foreign divorce recognized under Article 26(2), Family Code, the Filipino spouse reverts to maiden surname with middle name intact.
B. Dual Citizenship
- The DFA allows separate passports (Philippine and foreign), each reflecting the name valid in that jurisdiction. Middle name must appear in the Philippine passport.
C. Children
- Children born of the marriage may register the foreign father’s surname as their paternal surname, but the mother’s maiden surname becomes their middle name (Article 176, Family Code, as amended by R.A. 9255).
X. Conclusion
Under Philippine law and DFA policy, a Filipino woman married to a foreigner may adopt the foreign husband’s surname, but may not drop her middle name (mother’s maiden surname) in the passport. The middle name is a mandatory component of the legal name in the PSA registry and DFA database. Any attempt to omit it constitutes an irregularity that will be rejected during passport processing.
Applicants are advised to:
- Secure a PSA COM annotated with the elected surname.
- Accept the tripartite name structure in the passport.
- Avoid foreign-style name compression.
For further clarification, consult the DFA Office of Consular Affairs – Passport Division or the PSA Civil Registration Service.
This article reflects the law and policy as of November 2025. Administrative circulars may issue subsequent amendments.