Overview

In Philippine law, a woman does not lose her maiden name upon marriage. Taking the husband’s surname is a right or privilege, not a duty. This principle, rooted in the Civil Code and consistently affirmed by jurisprudence, underpins everyday questions about passports, IDs, professional licenses, and what happens after death, annulment, or separation.

This article gathers the rules, options, edge cases, and practical steps—so you can decide if, when, and how to use a married surname, or to keep (or return to) your maiden name.

The Legal Bases, Simplified

Civil Code (Art. 370): A married woman may use any of the following:
1. Her maiden first name and surname and add her husband’s surname;
2. Her maiden first name and her husband’s surname; or
3. Her husband’s full name, with a prefix indicating she is his wife (e.g., “Mrs.”).
None of these options is mandatory. The law presents choices, not an obligation.
Family Code: While it reorganized family laws, it did not impose a duty to adopt the husband’s surname. Related provisions on the effects of marriage and its dissolution confirm a woman’s capacity to retain or revert to her maiden name as circumstances change.
Jurisprudence (Supreme Court): Repeated rulings stress that using the husband’s surname is not compulsory; conversely, reversion to the maiden name is recognized upon death of the husband, declaration of nullity/annulment, or comparable legal grounds. While married, absent such grounds, agencies may require you to maintain the chosen surname for identity consistency in certain records (e.g., passports).

Your Naming Options After Marriage

You may choose any one of these and use it consistently, especially for government records:

Keep your maiden name entirely. Example: Ana Santos
Add your husband’s surname to your maiden surname. Example: Ana Santos Cruz (hyphenation like Santos-Cruz is a styling choice often accepted in practice.)
Use your maiden first name + your husband’s surname. Example: Ana Cruz
Use your husband’s full name with a prefix indicating marital status. Example: Mrs. Juan Cruz (commonly for social usage; less typical for official IDs today).

Tip: If you work, publish, or practice under your maiden name, you may keep it professionally while choosing a different form for personal documents. What matters is document-to-document consistency in each system (passport, SSS, PRC, BIR, bank, etc.).

What Happens When Circumstances Change?

1) Widowhood

You may continue using your married surname or you may revert to your maiden name.
No court case is required to revert; you just update your records (see Practical Steps below).

2) Annulment or Declaration of Nullity

You may revert to your maiden name once the final court decision and certificate of finality exist.
Present these to agencies to update your records.

3) Legal Separation

Marital bond subsists; surname use typically does not change by itself. You usually maintain whichever surname you had chosen during marriage unless a court or agency-specific rule provides otherwise.

4) Separation in Fact / Breakup

No legal effect on surname. You remain married in law; agencies usually won’t process reversion without a death certificate or final judgment ending the marriage.

5) Foreign Divorce Involving a Foreign Spouse (Art. 26, par. 2)

If your foreign spouse secures a valid foreign divorce that allows him/her to remarry, you (the Filipino spouse) may recognize that divorce in the Philippines through an appropriate proceeding and then revert to your maiden name. Bring the court order (or recognition documents) to agencies.

Children’s Surnames (Context You’ll Often Ask Next)

Legitimate children generally carry the father’s surname.
Illegitimate children carry the mother’s surname by default unless legally recognized procedures allow use of the father’s surname. (These rules relate to the child’s surname, not the mother’s choice to keep or change her own.)

Government IDs and Key Records

Different agencies maintain independent databases. The safest approach is internal consistency within each agency and cross-agency alignment once you settle on a format.

1) Passport (DFA)

On first issuance or renewal after marriage, you may either:
- Keep your maiden name, or
- Use a married surname (one of the legal formats).
Mid-marriage switches (e.g., reverting to maiden) are typically allowed only upon widowhood or final court judgment (annulment/nullity, or recognized foreign divorce), or where DFA rules specifically permit change with sufficient legal proof.

2) PSA Civil Registry (Birth/Marriage Certificates)

Your birth certificate remains unchanged; marriage does not rewrite it.
Your marriage certificate records the fact of marriage; it’s used to support your chosen married surname in other agencies if you opt to adopt it.

3) SSS / GSIS / PhilHealth / Pag-IBIG

All will let you retain your maiden name or adopt your married surname.
For changes, bring the marriage certificate (and if reverting, the death certificate or final judgment).

4) BIR (TIN) and Withholding/Payroll

Align your tax records with your chosen name to avoid payroll and withholding mismatches. Use Form 1905 (or current equivalent) for updates, with supporting documents.

5) LTO Driver’s License

You may keep your maiden name or adopt a married surname; present the marriage certificate for the latter. For reversion, present death certificate or final court judgment.

6) PRC and Other Professional Licenses

You may maintain your professional name in the Register of Professionals (often the maiden name). For consistency in ID cards and rosters, PRC will update records if you request it and bring supporting documents.

7) Bank Accounts, Utilities, and Private Records

Each institution sets documentary requirements. Generally:
- For adopting a married surname: Marriage certificate + valid ID.
- For reverting: Death certificate or final judgment + updated government ID when available.
If a bank insists on uniformity, consider updating your ID first, then the bank.

Style & Formatting Questions

Hyphenation (“Santos-Cruz”): The Civil Code doesn’t dictate punctuation, but hyphenated or space-separated forms are usually accepted if the substance matches Art. 370 options. Keep the same styling across agencies where possible.
Middle Names: Treat your maiden middle name as before; adding the husband’s surname doesn’t erase your middle name. Watch for system constraints (some forms have fixed fields).
“Mrs. Juan Cruz”: Socially acceptable; rarely used for official IDs today. Prefer your own given name in government records.
Husband using wife’s surname: Not automatic under general law. A husband who wants to adopt the wife’s surname typically needs a judicial change of name (Rule 103) or a specific legal basis.

After You Decide: Practical, Step-by-Step

Choose your official format (e.g., keep maiden; or maiden + husband’s surname; etc.).
Start with government ID of highest friction (often the passport or SSS/BIR).
Update other agencies: SSS/GSIS/PhilHealth/Pag-IBIG → BIR/TIN → LTO → PRC → voter’s ID (if applicable).
Update private records: employer HR/payroll, banks, insurance, utilities, schools.
Keep a document kit: PSA marriage certificate (or death certificate; final court judgment and certificate of finality), government IDs, and photocopies.

Frequently Encountered Scenarios

“Can I keep my maiden name everywhere?” Yes. Marriage does not force a change. Just be consistent.
“I used my husband’s surname in my passport but now I want to switch back without annulment or death.” Generally not allowed while still validly married; agencies require a legal basis (widowhood, annulment/nullity, recognized foreign divorce).
“I’m widowed. Do I need a court order to revert?” No. Present the death certificate and request reversion at each agency.
“We’re legally separated. Can I revert?” Legal separation typically does not dissolve the marriage; absent additional legal grounds, reversion is not automatic.
“We married abroad. Which name may I use in the Philippines?” The same Art. 370 options apply. If a name appears on foreign records, you may still choose any lawful format here; just maintain consistency and bring authenticated foreign documents for updates.

Good Practices (To Save You Time)

Decide early which name you’ll use for your passport and tax records—these drive many downstream systems.
Keep copies (and digital scans) of all civil registry and court documents.
Be consistent within each agency to avoid identity verification flags.
Plan the sequence of updates (passport/SSS/BIR first, banks next).
When in doubt, ask the concerned agency what exact document they need for your chosen change (some apply internal circulars you’ll want to satisfy on the first visit).

Bottom Line

Choice is the rule: A married woman may use her maiden name or adopt her husband’s surname in the forms allowed by law.
Consistency is the strategy: Pick a lawful format and keep your government and private records aligned.
Reversion follows legal events: Widowhood or a final court/recognized decree ending the marriage supports reverting to your maiden name; legal separation and separation in fact generally do not.

This framework should equip you to exercise your personal choice with confidence—and to navigate the paperwork with fewer surprises.