Using a Former Spouse’s Surname After Presumptive Death and Subsequent Marriage: Passport Rules (Philippines)

Executive summary

In the Philippines, a woman is never required to take her spouse’s surname. She may keep her maiden name, or—subject to specific rules—use a spouse’s surname during the marriage, after a spouse’s death, and upon remarriage. When passports are involved, the Department of Foreign Affairs (DFA) will follow (1) the elective nature of a woman’s surname under the Civil Code/Family Code, and (2) the facts shown by Philippine Statistics Authority (PSA) civil registry records and final court orders (e.g., judicial declaration of presumptive death). Bottom line: after a valid remarriage, you cannot continue using the former spouse’s surname in your passport as your “married name.” Your choices in a reissue are to (a) keep or revert to your maiden name, or (b) assume the new spouse’s surname (again, elective). Before a remarriage founded on presumptive death, you must first obtain a judicial declaration of presumptive death; a mere absence or private affidavit is not enough to change names or status on the passport.

Legal framework (plain-English guide)

1) Elective use of a spouse’s surname

Under the Civil Code/Family Code, a married woman may (but need not) use any of the following forms:

Her maiden first name and husband’s surname (e.g., “Ana Cruz-Dela Rosa” or “Ana Dela Rosa”),
Her maiden first name and surname and add the husband’s surname, or
The husband’s full name, prefixed by a word indicating her civil status (“Mrs. Juan Dela Rosa”).

Key idea: this is a privilege, not an obligation. A woman may continue to use her maiden name even after marriage, and government IDs—including passports—must respect that choice once supported by civil registry records.

2) Widowhood and continued use of the deceased spouse’s surname

Upon a spouse’s actual death, the widow may continue to use the deceased spouse’s surname as if still married. This is likewise elective; she may also revert to her maiden name.

3) Presumptive death as a legal basis to remarry

If a spouse has been missing, presumptive death is a court-declared status that legally allows the present spouse to contract a subsequent marriage. The requisites are strict:

A judicial declaration of presumptive death (via summary proceeding) grounded on a well-founded belief of death; and
Waiting periods generally of four (4) years of absence (or two (2) years if the absent spouse disappeared under danger-of-death circumstances, e.g., shipwreck).

Without this final court declaration, the first marriage subsists; a later marriage is void, and the DFA will not honor a surname change premised on a non-final or nonexistent order.

4) Effect of remarriage on surnames

Once a subsequent marriage is validly contracted (i.e., backed by a court’s presumptive-death decree and a PSA-issued marriage certificate of the new marriage), the woman’s surname options realign to her current marriage:

She may keep or revert to her maiden name; or
She may elect to use her new spouse’s surname under the same elective rules as any marriage.

Crucial point: After remarriage, she may no longer continue using the former (deceased or presumptively deceased) spouse’s surname as her married surname on her passport. Continuing to present the old married surname after a new marriage misstates the current civil status and is inconsistent with civil registry facts.

5) What if the “presumed dead” spouse reappears?

By law, the subsequent marriage ends automatically upon recording a sworn statement of reappearance in the civil registry. Civil effects (property, children) are governed by the Family Code’s provisions on marriages contracted under presumptive death. For passports, the DFA will again follow the current civil registry trail: once the reappearance is duly recorded, the applicant’s surname options revert to those allowed by the first marriage (or her maiden name), and a new passport application with complete supporting documents will be required.

Passport practice: how the DFA applies the rules

A) General principles the DFA follows

Civil registry first. The name printed on a Philippine passport must reflect the applicant’s true and current civil status as shown by PSA records and final court orders.
Elective surname is respected. If the applicant never adopted a spouse’s surname, she may keep her maiden name indefinitely—even across marriages—provided her civil registry documents are consistent.
No “former married name” after remarriage. If she remarries, the “old married surname” tied to the former spouse is no longer the correct married surname. Her choices are maiden or new spouse’s surname.
Consistency across IDs. DFA will scrutinize discrepancies among PSA documents, court orders, and existing IDs; expect to be asked for affidavits of discrepancy if spellings, hyphens, or spacing differ.

B) Documentary expectations by scenario

Scenario	What the DFA looks for	Surname you may carry on the new passport
Still married; using maiden name	PSA CEMAR/PSA marriage certificate shows current marriage; no requirement to adopt spouse’s surname	Continue using maiden name
Widow (actual death) who keeps late spouse’s surname	PSA death certificate of spouse; your PSA marriage certificate with the late spouse	May continue late spouse’s surname or maiden name
Widow who remarries	PSA marriage certificate to new spouse (and PSA record of prior marriage + death certificate)	Maiden name or new spouse’s surname (not the former spouse’s)
Presumptive death before remarriage	Final court order declaring presumptive death; PSA annotation if available	Your current marriage remains on record; you generally keep your existing surname (often maiden name or prior married name) until you actually remarry
Remarriage based on presumptive death	Final presumptive-death decree, PSA marriage certificate of the new marriage; PSA records of the first marriage	Maiden name or new spouse’s surname
Reappearance of the first spouse (after a presumptive-death remarriage)	Recorded sworn statement of reappearance; PSA annotations; any subsequent court orders	Surname options revert to what’s allowed by the first marriage or maiden name; you must reapply to correct the passport

Practical tip: If you wish to avoid changing your passport upon remarriage, the most stable choice is to keep your maiden name consistently across marriages. This is perfectly lawful.

Step-by-step: changing your passport after remarriage

Audit your records. Gather PSA copies of:
- Prior marriage certificate (and death certificate if the spouse actually died), or final court decree of presumptive death;
- New marriage certificate;
- Any PSA annotations (e.g., reappearance statement, if applicable).
Choose your surname strategy. Decide between maiden name or new spouse’s surname. (You cannot keep the former spouse’s surname as your married surname once remarried.)
Prepare supporting affidavits (if needed).
- Affidavit of discrepancy for spelling/format differences;
- Explanation for hyphen use or removal (the DFA typically mirrors exactly what appears on the PSA record—be consistent).
Apply for passport reissuance/renewal with the DFA.
- Present your current passport and all supporting PSA documents and court orders;
- Expect the DFA to encode your chosen surname in line with your current civil status and records.
After any later civil-status change (e.g., reappearance of first spouse or dissolution of the second marriage), repeat the cycle: secure/record the civil registry event first, then update the passport.

Nuances & edge cases

You used your first husband’s surname but want to keep it after remarriage. Legally, once you marry again, that old married surname is tied to a marriage that is no longer your present marriage. For passports, you must either keep/revert to maiden name or shift to the new spouse’s surname.
Hyphenated formats (e.g., Cruz-Dela Rosa). The DFA defers to what the law allows and what your PSA records show. If your PSA marriage record or prior IDs show a hyphenated elective surname, you can usually keep that format while you are in that marriage. On remarriage, the hyphenated form based on the former spouse ceases to be your correct married-name format.
No court order yet for presumptive death. You cannot rely on presumptive death to remarry—or to justify a passport surname change—without a final judicial declaration. The DFA will not adjust your passport on the basis of absence alone.
Annulment/nullity instead of death. Different rules apply (generally, reversion to maiden name unless you later remarry and elect the new spouse’s surname). Do not confuse annulment/nullity with widowhood or presumptive death; each has distinct civil effects and document requirements.
Muslim personal laws. Special rules may apply under the Code of Muslim Personal Laws and Shari’a court judgments; however, the same passport principles of civil registry primacy and documentary proof still govern.

Practical recommendations

Pick one name and stick with it across banks, tax IDs, and licenses. The least disruptive option is often your maiden name, because it survives across marriages without further changes.
Let the PSA lead. Before visiting the DFA, make sure the PSA has the relevant event recorded/annotated (e.g., death certificate, new marriage, court decree). DFA officers will key your passport name to those PSA entries.
Bring the originals and photocopies of all PSA documents, court orders (with certificate of finality), and valid IDs. Small formatting differences can trigger delays; an affidavit of discrepancy can save you a second trip.
If a “presumed dead” spouse reappears, promptly record the reappearance with the civil registrar to align your civil status and avoid inconsistencies across government records—and then update your passport.

Quick reference: What you can and cannot do

✅ Keep maiden name at all times (before, during, after any marriage).
✅ Use current spouse’s surname (elective).
✅ As a widow, keep the deceased spouse’s surname until you remarry.
❌ After remarriage, keep using the former spouse’s surname as your married surname in your passport.
❌ Remarry (or change passport due to “death”) without a final judicial declaration of presumptive death if there’s no actual death certificate.

Final note

This article explains the governing principles and typical DFA practice. Individual cases turn on documents. If your facts are unusual (multiple marriages, foreign divorces, mixed records, or name-format conflicts), have a Philippine lawyer review your PSA records and court papers before you file a passport application so your chosen surname aligns with both the Family Code rules and DFA’s documentary standards.