How to Update Civil Status and Change Surname in the Philippines

In the Philippines, your legal identity is anchored by your birth certificate and recorded with the Philippine Statistics Authority (PSA). Altering this identity—whether because of marriage, annulment, or a desire to correct a name—is a process strictly governed by law.

This article outlines the legal frameworks, procedures, and implications for updating your civil status and changing your surname under Philippine jurisdiction.


1. Changing Surname Due to Marriage

Under Article 370 of the Civil Code, a married woman has three legal options regarding her surname. It is important to note that marriage does not automatically change a woman’s name; it is an option she may exercise.

  • Option A: Use her maiden first name and surname and add her husband's surname (e.g., Jane Doe-Smith).
  • Option B: Use her maiden first name and her husband's surname (e.g., Jane Smith).
  • Option C: Use her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." (e.g., Mrs. John Smith).

The Process:

  1. Register the Marriage: Ensure the Marriage Certificate is registered with the Local Civil Registrar (LCR) where the marriage took place.
  2. Secure PSA Copy: Obtain a PSA-authenticated Marriage Certificate.
  3. Update IDs: Use the PSA Marriage Certificate to update "Primary IDs" (Passport, UMID, Driver’s License). The DFA and LTO will require the PSA copy as proof of the name change.

2. Reverting to Maiden Name (Post-Annulment or Death)

If a marriage ends, the right to revert to a maiden name depends on the cause of the dissolution.

  • Widowhood: A widow may continue using her deceased husband's surname or revert to her maiden name. No court order is needed; the PSA Death Certificate of the husband is the supporting document.
  • Annulment/Nullity: Once a court grants a Decree of Annulment or Declaration of Absolute Nullity, the woman may revert to her maiden name.
  • Legal Separation: The woman must continue using her married name unless the court specifically authorizes the use of her maiden name in the decree.

The Process:

You must provide the Certificate of Finality of the court decision and the Annotated Marriage Certificate issued by the PSA (which reflects that the marriage is now void/annulled).


3. Administrative Correction (R.A. 9048 and R.A. 10172)

If the goal is to change a name due to a clerical error (typos) or a change in "First Name" (due to being ridiculous, tainted with dishonor, or habitually used), one can use the administrative route.

  • R.A. 9048: Covers the change of first name and correction of clerical errors in the surname or first name.
  • R.A. 10172: Allows for the correction of clerical errors in the day and month of birth or sex/gender without a court order (though this requires rigorous medical proof).

Where to File: The Office of the Local Civil Registrar (LCR) of the city or municipality where the record is kept. If the person lives far away, a "Migrant Petition" can be filed at the nearest LCR.


4. Judicial Change of Name (Rule 103)

For substantial changes to a surname that do not fall under marriage or clerical errors (e.g., wanting to drop a father's surname due to estrangement or choosing a new surname entirely), a Petition for Change of Name must be filed in the Regional Trial Court (RTC).

Grounds for Judicial Change:

  1. When the name is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce.
  2. When the change is a result of a change in status (e.g., legitimation).
  3. When the change will avoid confusion.

Note: This is a "special proceeding" that requires publication in a newspaper for three consecutive weeks and a hearing where the Republic (represented by the OSG) may oppose the petition.


5. Illegitimate Children and the Father’s Surname

Under R.A. 9255, illegitimate children may use the surname of their father if:

  • The father expressly recognizes the child through the Record of Birth.
  • The father signs an Affidavit to Use the Surname of the Father (AUSF).

If the child was originally registered under the mother’s surname, an administrative filing of the AUSF at the LCR can update the child’s birth record via an annotation.


Summary Table: Where to Go

Scenario Legal Basis Office Responsible
Marriage Civil Code, Art. 370 PSA / DFA / LTO
Typo in Name R.A. 9048 Local Civil Registrar
Annulment Rule 108 / Family Code Regional Trial Court & PSA
Substantial Name Change Rule 103 (Rules of Court) Regional Trial Court

Next Steps

The first step in any of these processes is securing your PSA-authenticated Birth or Marriage Certificate.

Would you like me to draft a checklist of the specific documentary requirements for an administrative correction under R.A. 9048?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.