Introduction

In the Philippines, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), which outlines the rights and obligations of spouses, including matters related to personal identity such as surnames. A common question arising in the context of marriage is whether a spouse—typically the wife—is required to adopt the husband's surname. This article explores the legal framework surrounding surname changes upon marriage, the options available to married individuals, procedural considerations, implications for official documents and children, and related cultural and practical aspects. It emphasizes that, under Philippine law, changing one's last name after marriage is entirely optional and not mandatory.

Legal Basis Under Philippine Law

The Philippine legal system draws from civil law traditions, with influences from Spanish and American colonial periods, but contemporary family law is codified in the Family Code, enacted in 1987. Prior to this, the Civil Code of the Philippines (Republic Act No. 386) addressed similar issues, but the Family Code provides the most updated and specific provisions.

Key Provisions in the Family Code

Article 370 of the Family Code explicitly addresses the use of surnames by married women. It states that a married woman may use:

Her maiden first name and surname, adding her husband's surname (e.g., Maria Santos Reyes, where "Reyes" is the husband's surname).
Her maiden first name and her husband's surname (e.g., Maria Reyes).
Her husband's full name, prefixing a word indicating she is his wife, such as "Mrs." (e.g., Mrs. Juan Reyes).

Importantly, the law does not mandate any change; it merely provides permissive options. This reflects a recognition of gender equality and personal autonomy in naming conventions. The Supreme Court of the Philippines has upheld this in cases like Remo v. Secretary of Foreign Affairs (G.R. No. 169202, March 5, 2010), where it was affirmed that a married woman can retain her maiden name without legal repercussions.

For men, the Family Code does not provide equivalent options for changing surnames upon marriage, as traditionally, husbands retain their surnames. However, there is no prohibition against a husband adopting his wife's surname through a formal name change process under Republic Act No. 9048 (Civil Registry Law), though this is rare and requires administrative or judicial approval.

Historical Context and Evolution

Historically, under the old Civil Code (Article 364), a married woman was expected to use her husband's surname, reflecting patriarchal norms. However, with the advent of the Family Code and subsequent jurisprudence, this has evolved to prioritize choice. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) and the Magna Carta of Women (Republic Act No. 9710) further reinforce gender equality, indirectly supporting the non-mandatory nature of surname changes.

In cases of annulment, declaration of nullity, or legal separation, Article 371 of the Family Code allows the wife to resume her maiden name, underscoring that the marital surname is not permanent unless chosen to be.

Options Available to Spouses

Upon marriage, spouses have several choices regarding surnames:

Retention of Maiden Name: A woman may continue using her full maiden name (e.g., Maria Santos) in all personal, professional, and official capacities. This is common among professionals, such as lawyers, doctors, or businesswomen, to maintain continuity in their careers.
Adoption of Husband's Surname: She may opt to add or replace her surname with her husband's, as per Article 370. This can be done informally for social purposes or formally updated in records.
Hyphenation or Combination: While not explicitly mentioned in the Family Code, hyphenating surnames (e.g., Maria Santos-Reyes) is increasingly accepted in practice, especially in urban areas, and is permissible as it aligns with the spirit of personal choice. Courts have not invalidated such usages.
Husband's Options: A husband wishing to change his surname to his wife's would need to petition under Republic Act No. 9048 for administrative correction or Republic Act No. 10172 for substantial changes, involving publication and approval by the Civil Registrar or court.

Same-sex marriages are not legally recognized in the Philippines (as per Article 1 of the Family Code defining marriage as between a man and a woman), so surname change rules do not apply in that context domestically. However, for Filipinos married abroad in jurisdictions recognizing same-sex unions, surname choices may be honored upon registration with the Philippine Statistics Authority (PSA), subject to comity principles.

Procedures for Implementing a Surname Change

If a spouse chooses to change their surname after marriage, no court order is typically required, as it is an optional marital privilege.

Steps for Updating Records

Marriage Certificate: The starting point is obtaining a certified copy of the marriage certificate from the PSA or Local Civil Registrar (LCR) where the marriage was registered.
Government IDs and Documents:
- Passport: The Department of Foreign Affairs (DFA) allows married women to apply for a passport using either their maiden or married name, provided supporting documents (e.g., marriage certificate) are submitted.
- Driver's License and Voter's ID: The Land Transportation Office (LTO) and Commission on Elections (COMELEC) permit updates based on the marriage certificate.
- Social Security System (SSS) and PhilHealth: These agencies require notification of marital status changes, and surname updates can be processed with the marriage certificate.
- Bank Accounts and Professional Licenses: Private institutions and regulatory bodies (e.g., Professional Regulation Commission for licensed professionals) generally accept the marriage certificate for updates.
Formal Name Change if Needed: If a more substantial change is desired (e.g., beyond marital options), Republic Act No. 9048 allows administrative corrections for clerical errors, while substantial changes require judicial petition under Rule 103 of the Rules of Court, involving publication in a newspaper and a court hearing.

Delays in updating records can lead to inconsistencies, potentially causing issues in transactions like property ownership or inheritance. It is advisable to update all relevant documents promptly.

Implications for Children and Family

The surname of children born to married parents is governed by Article 364 of the Civil Code (as retained), which states that legitimate children shall principally use the father's surname. However:

Illegitimate Children: Under Republic Act No. 9255, they may use the father's surname if acknowledged.
Adopted Children: They take the adoptive parents' surname per Republic Act No. 8552 (Domestic Adoption Act).
Surname Disputes: In cases of separation, the mother may petition for the child to use her surname if it serves the child's best interest, as per Supreme Court rulings.

Parental authority is joint, and surname choices do not affect custody or support obligations.

Cultural and Practical Considerations

Culturally, many Filipino women traditionally adopt their husband's surname to symbolize unity and family integration, influenced by Catholic and colonial legacies. However, urbanization, feminism, and global trends have led to more women retaining their maiden names, especially in professional fields.

Practically, retaining one's maiden name avoids administrative hassles but may lead to social confusion (e.g., being addressed as "Mrs. Husband's Name"). Conversely, changing names can simplify family identification but complicate career continuity.

In international contexts, Filipinos abroad must comply with host country laws, but Philippine documents remain governed by domestic rules.

Conclusion

In summary, changing one's last name after marriage in the Philippines is not mandatory; it is a personal choice enshrined in the Family Code to promote autonomy and equality. Spouses, particularly women, have flexible options to retain, adopt, or combine surnames without legal compulsion. While cultural norms may encourage change, the law prioritizes individual preference. For those opting for a change, updating official records is straightforward with the marriage certificate. Individuals contemplating this should consider personal, professional, and familial implications to make an informed decision. Consulting a lawyer or the LCR can provide tailored guidance based on specific circumstances.