Under Philippine law, a common misconception persists that a woman is legally required to adopt her husband’s surname upon marriage. However, the legal reality—supported by both the Civil Code and Supreme Court jurisprudence—is that a married woman has the right to continue using her maiden name, including when applying for a Philippine passport.
The Legal Framework
The primary law governing the use of surnames is Title XIII of the Civil Code of the Philippines. Specifically, Article 370 provides the following options for a married woman:
- Her maiden first name and surname and add her husband's surname;
- 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."
Notably, the language of the law uses the word "may," which is permissive, not mandatory. The Supreme Court of the Philippines clarified this in the landmark case of Remo v. Secretary of Foreign Affairs (G.R. No. 169202), affirming that a married woman is allowed by law to use her maiden surname even after marriage.
Passport Application Scenarios
When applying for a passport through the Department of Foreign Affairs (DFA), the choice to use a maiden name depends on the applicant's current passport status.
1. First-Time Applicants
If you are married but applying for a passport for the first time, you have the absolute choice to use your maiden name.
- Requirements: You must still present your PSA Marriage Certificate to establish your civil status as "Married," but you may opt to fill out the application form using your maiden name.
- Benefit: This maintains consistency with other existing identity documents like your birth certificate, diplomas, and professional licenses.
2. Renewal of a Maiden-Name Passport
If your current, expiring passport is in your maiden name, you may simply renew it and continue using that name. There is no legal obligation to "update" it to your married name just because your civil status has changed.
3. Reverting from a Married Name back to a Maiden Name
This is the most restrictive scenario. Under the Philippine Passport Act of 1996, once a woman has opted to use her husband's surname in her passport, she cannot revert to her maiden name unless the marriage is legally dissolved.
- Allowed exceptions for reversion:
- Death of the husband: Upon submission of a PSA Death Certificate.
- Annulment or Declaration of Nullity of Marriage: Upon submission of a certified true copy of the Court Order and Certificate of Finality.
- Divorce: Only if the divorce was obtained by a foreign spouse and is judicially recognized by a Philippine court.
[!IMPORTANT] A simple legal separation does not allow a woman to revert to her maiden name on her passport, as the marriage bond remains legally intact.
Consistency Across Government IDs
While the DFA allows the use of a maiden name, it is highly recommended to maintain consistency across all primary government IDs (e.g., UMID, Driver’s License, PRC ID).
Discrepancies between your passport name and the name on your flight bookings or visas can lead to significant travel delays. If you choose to use your maiden name for your passport, ensure your travel tickets are booked under that exact name.
Summary Table: Name Options for Passport
| Status | Choice of Surname | Supporting Document |
|---|---|---|
| Newly Married | Maiden Name | PSA Marriage Certificate |
| Newly Married | Husband's Surname | PSA Marriage Certificate |
| Widowed | Can revert to Maiden Name | PSA Death Certificate |
| Annulled | Can revert to Maiden Name | Court Order & Certificate of Finality |
Would you like me to provide the specific list of acceptable valid IDs for your DFA appointment to ensure your maiden name documentation is sufficient?