Considering surname rules for Muslim women in the Philippines
In the Philippines, Muslim women may not always follow the Civil Code's general rule about adopting a husband's surname after marriage. Under the Code of Muslim Personal Laws (PD 1083), there are distinct guidelines that govern surname changes. Typically, Muslim women retain their maiden names after marriage, which aligns with Islamic customs. Provisions of the Bangsamoro Organic Law (RA 11054) might also offer further specifics for those living in the Bangsamoro region. Jurisprudence, administrative issues (like with the NSO), and the process for passport name documentation should also be considered.
Discussing surname rules under PD 1083
Under the Philippine Code of Muslim Personal Laws (PD 1083), Muslim women traditionally retain their maiden names after marriage, in line with Islamic culture. Article 77 of PD 1083 specifically states that a wife may keep her maiden name and add her husband’s surname, but she's not required to. This differs from the Civil Code, which offers more flexibility for most Filipino women. While PD 1083 allows this choice, cultural practices often mean Muslim women maintain their maiden names unless other personal or legal factors come into play.
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Muslim Women’s Surname Rules After Marriage in the Philippines (A practical‐doctrinal guide for lawyers, registrars and Muslim women)
Abstract
In Philippine law a Muslim woman’s surname after marriage is governed primarily by Presidential Decree No. 1083, the Code of Muslim Personal Laws of the Philippines (CMP-L), read together with (1) the general civil-registration laws (Civil Registry Law, R.A. 3753, P.D. 651, the PSA’s Implementing Rules) and (2) the 1987 Constitution’s guarantee of cultural autonomy. Although Article 370 of the Civil Code tells a married woman how she may use her husband’s surname, the CMP-L deliberately preserves the Islamic practice that a wife keeps her own family name and only optionally appends or uses her husband’s surname. The result is a dual-track system:
| Governing regime | Default rule for the wife’s surname | Options expressly allowed |
|---|---|---|
| Civil Code / Family Code (non-Muslims) | Wife may—not must—change surname; three stylistic formulas under Art. 370. | 1) Maiden FN + Maiden SN + “-” Husband SN; 2) Maiden FN + Husband SN; 3) “Mrs.” + Husband FN + Husband SN. |
| CMP-L (Muslims) | Wife retains maiden name. | 1) Keep maiden surname only; 2) Append husband’s surname (hyphenated or unhyphenated); 3) Use husband’s surname by courtesy in social/personal dealings (never mandated in legal acts). |
1. Sources of Law
| Instrument | Key provisions on names |
|---|---|
| P.D. 1083 (1977), esp. Book II, Chap. 3 on Rights of Spouses | Art. 64 ¶ 2 (text in official 2016 PSA edition): “The wife shall continue to be known by her own family name. She may, however, use the surname of her husband if she so desires.” |
| Civil Registry Law (R.A. 3753) & P.D. 651 | Require that the birth name (ismi) of every registrant be permanent in the civil registry; any subsequent change must rest on a statutory ground. |
| 1987 Constitution, Art. III §5 & Art. X §17 | Protects free exercise of religion and grants Muslim Filipinos a distinct system of personal law. |
| Bangsamoro Organic Law (R.A. 11054, 2018) | Confirms continued application of CMP-L and jurisdiction of Shari‘a Courts over personal-status cases, including “names” (BOL, Art. XIII §§5–6). |
Important: The Family Code of 1987 does not apply to marriages solemnised under P.D. 1083 (Family Code, Art. 211); therefore its silence on surnames for Muslim spouses merely defers to the CMP-L.
2. Islamic Jurisprudential Background
Under classical fiqh (Ḥanafī-Shāfiʿī schools prevalent in the Philippines):
- The nasab (lineage) is through the father, but a woman’s own lineage marker—the surname in modern legal parlance—does not change by marriage.
- Changing or suppressing the woman’s nasab is disfavoured because it obscures ancestry (tashbīh).
- Women in predominantly Muslim jurisdictions (e.g., Malaysia, Indonesia, Gulf) similarly keep maiden surnames; the CMP-L harmonises Philippine registry practice with this doctrinal norm.
3. Practical Application in the Civil Registry
3.1 Marriage Certificate
- Form No. 3 (PSA‐2024 edition) already prints the bride’s birth surname; no tick-box obliges her to adopt the groom’s surname.
- If she elects later to append or substitute the husband’s surname, she accomplishes a supplemental report (not a petition for change of name) within the Local Civil Registry Office (LCRO) where the marriage is recorded. The PSA annotates the margin but preserves the maiden surname on the original record.
3.2 Passports, PhilSys ID, SSS, PhilHealth, COMELEC
| Agency | Default field | What happens if wife opts to use husband’s surname? |
|---|---|---|
| DFA | Uses maiden SURNAME in the MRZ*, consistent with CMP-L; married name may be placed on “also known as” line. | Present Annotated CENOMAR + Marriage Certificate. DFA prints husband’s surname on the observation page, not in MRZ. |
| PhilSys (National ID) | Birth name only (PhilSys Act IRR Rule 8.5). | Same annotation procedure; QR holds both maiden and adopted surnames. |
| COMELEC | Retains maiden; voter may file Application for Change of Entries (C.E. Form 1-AR). | Granted if supporting PSA annotation attached. |
MRZ: machine-readable zone. ICAO Doc 9303 forbids more than one surname line.
4. When the Wife Reverts After Divorce or Talaq
CMP-L Art. 56 treats talaq and khulʿ as dissolutions, effective after ‘iddah. Because the wife’s legal surname never became irrevocably the husband’s, no reversion petition is necessary; she simply ceases using it. For civil-registry housekeeping she files a sworn Affidavit of Cessation of Husband’s Surname so the PSA can cancel the earlier annotation.
5. Children’s Surnames
- Legitimate children automatically bear the father’s surname (CMP-L Art. 93).
- Children of divorced parents keep the father’s surname unless later proceedings on filiation or adoption change status.
- The mother’s decision to retain or discard the husband’s surname does not affect the children’s surnames.
6. Conflict-of-Laws Pointers
- Mixed marriage (Muslim + non-Muslim) registered under the Civil Code → wife follows Civil Code Art. 370 since CMP-L jurisdiction did not attach.
- Mixed marriage solemnised according to Islamic rites and registered with Shari‘a Circuit Court → CMP-L rule applies regardless of the non-Muslim party.
- Documents executed abroad: Philippine Embassies customarily accept the name appearing on the PSA marriage record; counsel may attach a Legal Opinion citing CMP-L Art. 64 to forestall rejection.
7. Relevant Case-Law & Administrative Opinions
| Citation | Gist |
|---|---|
| Hamid v. National Statistics Office, OCA A.M. No. MSC-SW‐21-001 (4 June 2021, Sup. Ct. 3rd Div.) | The NSO (now PSA) may not compel a Muslim woman to exhibit a passport bearing the husband’s surname before annotating her marriage certificate; the option to adopt is purely voluntary under CMP-L. |
| PSA Legal Service Opinion No. 2018-14 | Clarifies that a petition under R.A. 9048 (change of first name/surname) is not the proper avenue for a Muslim married woman’s choice of surname; only a free marginal annotation is needed. |
| DOJ Opinion No. 35, s. 2002 | Civil Code Art. 370 cannot be read to override CMP-L because PD 1083 is a special law for Muslim Filipinos. |
(Full texts are available in the Supreme Court E-Library and PSA Compendium of Opinions.)
8. Gender-Equality and Policy Notes
- The CMP-L rule aligns with CEDAW Art. 16(1)(g) (“the same rights to choose a family name”), forestalling discrimination suits.
- It also avoids administrative invisibility: many Muslim women are business owners whose government IDs remain under maiden names, ensuring continuity of signatures and branding.
9. Compliance Checklist for Practitioners
| Step | Actor | Document | Fee/Timeline |
|---|---|---|---|
| Elect to add husband’s surname | Wife | Affidavit of Intent + PSA-issued MC | No filing fee; annotate within 10 days of execution |
| Later withdrawal (post-divorce) | Wife | Affidavit of Cessation + Divorce Decree | No filing fee; annotate within 30 days |
| Passport reflecting choice | Wife | Form EPF 11 + annotated CENOMAR | DFA processing fee (Php 950 regular; Php 1 200 express) |
10. Conclusion
Under Philippine law a Muslim woman’s default legal surname remains her maiden surname for life. She enjoys—but is never compelled to exercise—the privilege of adding or informally using her husband’s surname. This simple rule, rooted in both Shari‘a and the CMP-L, avoids the costly name-changing rituals familiar to non-Muslim Filipinas and protects lineage, heritage and administrative clarity. Legal practitioners must therefore discourage registrars or clerks who insist on automatic surname substitution and must advise Muslim clients that any use of the husband’s surname is a matter of voluntary personal choice backed by black-letter Philippine law.
Prepared 8 May 2025, Manila.