Scope and basic idea

In Philippine law, a surname is not a lifestyle choice; it is part of a person’s legal name, anchored to the civil registry (your PSA birth certificate and, when applicable, your PSA marriage certificate or a court order). Using a partner’s surname without a valid legal basis can range from a harmless social habit (in casual, non-official contexts) to a serious problem once it appears in government IDs, notarized documents, bank records, school credentials, property papers, or court filings.

This article explains (1) what Philippine law allows and prohibits, and (2) the practical pathways for correcting records when a partner’s surname has been used despite no marriage.

1) What counts as your “legal surname” in the Philippines

The civil registry is the starting point

For most Filipinos, the baseline “legal name” is what appears in the Certificate of Live Birth (now issued by the PSA, originally registered with the Local Civil Registrar). Your surname there is determined by your status at birth and by legally recognized events later in life (marriage, legitimation, adoption, certain administrative annotations, or court orders).

“Common usage” is not the same as “legal identity”

People may be known as a different name socially (e.g., using a partner’s surname as a courtesy title), but official identity systems—PSA, DFA, LTO, SSS, PhilHealth, Pag-IBIG, banks, courts—generally expect your name to match civil registry records or a valid legal basis for deviation.

2) When Philippine law allows someone to use another surname

A. Marriage (the classic and most relevant basis)

Under Philippine law and long-standing practice (including Civil Code provisions still relied upon in jurisprudence), a married woman has options regarding surname. The key points:

A wife may use her husband’s surname, but is not legally compelled to do so in all contexts.
The change is not automatic in the civil registry the way it is in some countries; it is typically implemented by presenting a PSA marriage certificate to agencies (passport, IDs, records).

Crucially for this topic: these surname options flow from a valid marriage. Without marriage, the same “right to use the husband’s surname” framework does not apply.

B. Children’s surnames (legitimate, illegitimate, legitimated, adopted)

A partner’s surname can become legally connected to a child through specific legal mechanisms:

Legitimate child: generally uses the father’s surname.
Illegitimate child (general rule): uses the mother’s surname.
RA 9255: allows an illegitimate child to use the father’s surname if paternity is properly acknowledged and the required documents/annotations are made in the civil registry (commonly through an Affidavit to Use the Surname of the Father and supporting proof of recognition, depending on the situation).
Legitimation (Family Code): if parents who were free to marry each other at the time of the child’s conception later validly marry, the child may become legitimated and may use the father’s surname, subject to proper civil registry annotation.
Adoption: an adopted child uses the adopter’s surname pursuant to the adoption decree and civil registry processes.

These rules explain why a child might legally bear a father/partner’s surname even if the parents are not married (via RA 9255), but they do not give the unmarried partner a right to take the other partner’s surname.

C. Court-authorized change of name/surname

A person may petition the court to change a name under Rule 103 (Change of Name) of the Rules of Court. Separately, corrections/cancellations of entries may be sought under Rule 108 in appropriate cases.

However, Philippine courts treat surname changes as serious. In general, courts look for a proper and compelling reason (e.g., to avoid confusion, correct long-standing errors, reflect legally recognized status like adoption/legitimation, avoid a name that is ridiculous or causes dishonor, or other substantial grounds). Courts are commonly wary of changes that:

create a false impression of civil status (e.g., appearing married when not),
enable evasion (debts, criminal or administrative liability),
cause confusion or prejudice third parties.

So, “I have been living with my partner and want to use their surname” is not automatically a winning ground; it may be viewed as an attempt to simulate marriage or create misleading status, depending on facts.

3) The core rule: using a partner’s surname without marriage has no standard legal basis

No “common-law marriage” shortcut

The Philippines does not recognize “common-law marriage” as a substitute for a valid marriage, no matter how long the relationship has existed. Cohabitation can produce property consequences (Family Code Articles 147 and 148), but it does not create spousal status and does not, by itself, grant spousal naming rights.

Social use vs. official use

Social/casual settings (e.g., introductions, non-official contexts): people often use partner surnames without immediate legal consequences.
Official and public documents: using a partner’s surname without legal basis becomes risky.

4) The Alias Law: why “just using it” can be legally dangerous

Philippine law has the Alias Law (Commonwealth Act No. 142, as amended by RA 6085), which generally prohibits the use of a name different from the registered name without judicial authority, subject to limited exceptions (commonly discussed exceptions include certain pen names or screen names in entertainment, and certain customary additions like nicknames—context matters).

Using a partner’s surname in ways that function as an alias in public records (applications, sworn forms, IDs, bank/KYC forms, notarized instruments, government transactions) can trigger legal and administrative problems.

Even when not prosecuted, it can cause:

denial of applications,
delays and additional documentary requirements,
compliance flags in banks and government agencies,
problems in inheritance, benefits claims, immigration/travel, property transfers, and court processes.

5) Potential criminal and administrative exposure (practical risk areas)

Whether conduct becomes criminal depends on specific facts, but common risk patterns include:

Sworn applications (passport applications, government forms requiring an oath/affirmation): using a surname that is not legally yours can raise issues of false statements or perjury if the form requires you to swear that your entries are true.
Public documents and notarized instruments: if a document becomes a public document (by notarization or official filing), incorrect identity details can trigger scrutiny.
Fraud/intent to deceive: if the purpose is to obtain benefits, mislead marital status, or evade responsibilities, risk increases significantly.

Many issues appear first as administrative rejection rather than immediate prosecution—but the downstream consequences can be severe.

6) Common real-life scenarios and what the law expects

Scenario 1: Live-in partner used the partner’s surname in school or employment records

Schools and employers may have recorded the name used in day-to-day life. This becomes a problem when:

diplomas, TORs, PRC applications, bar admissions, board exams,
employment clearances and government remittances,
background checks and visas require matching identity documents.

Expected fix: align records to the PSA birth certificate name (or to a court-ordered legal name, if any).

Scenario 2: Used partner’s surname for a bank account / loans / property papers

Banks apply strict “Know Your Customer” rules. Name mismatch can freeze transactions or block loan processing.

Expected fix: banks will typically require:

PSA birth certificate,
government IDs,
marriage certificate (if claiming married name),
and/or a court order if insisting on a different surname.

Scenario 3: Used partner’s surname in a passport or travel documents

The DFA generally bases identity on PSA records. For women using a husband’s surname, a PSA marriage certificate is the standard basis. Without marriage, this is usually not acceptable as a legal surname basis.

7) How to correct records: a practical roadmap

Step 1: Identify where the “wrong surname” exists

Separate records into two buckets:

Civil registry records (PSA/LCR)
- Certificate of Live Birth (birth certificate)
- Marriage certificate (if any)
- Death certificate (if relevant)
Non-civil records
- school records, HR files, SSS/PhilHealth/Pag-IBIG, BIR/TIN, bank accounts, insurance, titles, contracts, IDs, etc.

This distinction matters because fixing the civil registry may require a different legal process than fixing agency or private records.

8) If your PSA birth certificate is correct, but other records are wrong

This is the most common situation: the person’s PSA record is correct, but they used a partner surname elsewhere.

A. Correcting non-civil records is usually an administrative process

Most agencies will correct records if you provide:

PSA birth certificate (primary proof of your legal name)
valid government ID in your correct legal name (or steps to obtain one)
supporting documents showing continuity of identity (old IDs, school IDs, employment records)
sometimes an Affidavit of One and the Same Person (a sworn statement that the names refer to the same person), plus supporting IDs/documents

Note: An affidavit helps explain discrepancies, but it does not automatically legalize an alias. Agencies differ: some will accept it for internal correction; others may require stricter documentation.

B. Prioritize “foundational IDs”

To untangle a mismatch, it often helps to secure or restore IDs that anchor identity strongly to PSA records (e.g., national ID systems, SSS/UMID rules as applicable, etc.), then use those to update other agencies.

9) If your PSA birth certificate itself shows the partner’s surname (or another incorrect surname)

Now the issue is not just “records cleanup”—it is a civil registry correction issue.

A. Clerical/typographical errors (administrative correction)

Under RA 9048, as amended by RA 10172, certain errors can be corrected administratively through the Local Civil Registrar/PSA processes (typically for clerical or typographical errors and certain limited categories like change of first name or nickname, and specific items that the amendments covered).

Important: a complete change of surname (especially one that changes family relations or civil status implications) is often treated as substantial, not merely clerical.

B. Substantial corrections (often judicial)

If the correction involves:

a change of surname that is not clearly a clerical error,
issues tied to paternity, legitimacy, filiation, or
other substantial status-affecting entries,

then a judicial route is commonly required, typically involving Rule 108 (Correction/Cancelation of Entries) in appropriate adversarial proceedings, and/or Rule 103 (Change of Name) depending on what is being sought.

Rule-of-thumb distinction (practical, not absolute):

Rule 108 is often used where the goal is to correct or cancel a specific entry in the civil registry, including substantial matters—provided due process (notice and opportunity to oppose) is observed.
Rule 103 is used where the goal is to change the name itself as a matter of identity (and courts scrutinize the reasons closely).

Which rule applies depends on facts and what exactly is wrong in the civil registry.

10) Lawful alternatives if the goal is to share a surname as a family

Option 1: Marry (if legally possible)

If the couple can and does validly marry, the wife may then choose among recognized naming conventions for married women. This is the cleanest legal basis for a spouse using the other spouse’s surname in official transactions.

Option 2: For children: use the appropriate filiation process (RA 9255 / legitimation / adoption)

If the objective is for a child to bear the father’s surname, the legally recognized pathways are:

RA 9255 (for illegitimate child with acknowledged paternity),
legitimation (if parents later validly marry and requirements are met),
adoption (where applicable).

Option 3: Court petition (case-dependent and not guaranteed)

If marriage is not possible or not desired and the person still wants a legal surname change, a court petition may be attempted—but success depends on whether the court finds proper and compelling cause and whether the change would mislead the public about marital status or prejudice others.

11) Quick answers to common questions

Can a live-in partner legally use the other partner’s surname in government IDs? Generally, no, unless there is a valid legal basis (marriage, court order, or a specific rule that applies to that person’s status).

Is it “illegal” to use a partner’s surname on social media? Social media names are usually not policed like public records, but problems arise when that name is carried into official or sworn transactions.

What if the partner gave permission? Consent does not create a legal basis to change or use a surname in official records. Surnames are tied to legal identity and civil status, not private permission.

What if the couple has lived together for many years and has children? Cohabitation length does not substitute for marriage in creating spousal naming rights. Children’s surnames follow separate rules (legitimacy, acknowledgment, RA 9255, legitimation, adoption).

If a woman used her partner’s surname for years, can she have it “legalized”? Only through a valid legal basis—most commonly marriage or a court order. Courts examine motives and public impact carefully.

12) Practical checklist for correcting mismatched surnames

Get a PSA copy of the birth certificate (and marriage certificate if applicable).
List every place the partner surname appears (IDs, banks, school, employment, property).
Start corrections with institutions that anchor identity (government agencies and primary IDs).
Use consistent supporting documents: PSA records, valid IDs, and continuity proof.
If the PSA record is wrong, determine whether it is clerical (possible administrative remedy) or substantial (likely judicial).
Avoid signing new sworn documents using a surname that has no legal basis.

Conclusion

In the Philippines, using a partner’s surname without marriage is generally not recognized as a legal surname change, and using it in official contexts can trigger the Alias Law concerns, administrative denials, and—in serious fact patterns—potential criminal exposure tied to false statements or falsification. The safest corrections depend on where the incorrect surname appears: administrative cleanup for non-civil records when the PSA record is correct, and civil registry remedies (administrative only for limited error types; otherwise judicial) when the PSA record itself is wrong.