I. Overview
In Philippine law, a woman does not lose her maiden surname upon marriage. Marriage does not automatically change her legal name. Instead, the law gives her options on how to style her name, and the Philippine passport is expected to reflect those lawful options.
This article explains, in the Philippine context:
- What the law says about a married woman’s surname
- The options she has when applying for or renewing a passport
- How marriage, separation, annulment, divorce, and widowhood affect passport surnames
- Practical issues (middle names, children, foreign immigration officers, etc.)
This is general legal information, not a substitute for advice from a lawyer or from the Department of Foreign Affairs (DFA).
II. Legal Basis: Married Woman’s Surname Under Philippine Law
1. The Family Code: Options, Not Obligation
Under the Family Code of the Philippines (Article 370), a married woman may use any of these:
Her maiden first name and surname and add her husband’s surname
- Example: Maria Santos Cruz (maiden) → Maria Santos Cruz-Dela Cruz or similar forms following practice
Her maiden first name and her husband’s surname
- Example: Maria Santos Cruz → Maria Dela Cruz
Her husband’s full name, but with a word indicating that she is his wife, such as “Mrs.”
- Example: Mrs. Juan Dela Cruz
Key point: the use of the husband’s surname is a privilege or option, not a duty. She legally retains her maiden surname, even after marriage.
2. Supreme Court Ruling: Remo v. Secretary of Foreign Affairs
In Remo v. Secretary of Foreign Affairs (G.R. No. 169202, 2010), the Supreme Court:
- Confirmed that a married woman’s adoption of her husband’s surname is purely optional.
- Held that she may continue using her maiden name in her passport.
- Allowed a woman who had already used her husband’s surname in a previous passport to revert to her maiden surname, even though the marriage still existed.
This case is crucial because it directly involved the DFA and a Philippine passport. As a result, DFA policy had to align with the Court’s ruling: no woman can be forced to use her husband’s surname in her passport.
3. Philippine Passport Act and Regulations
The Philippine Passport Act of 1996 (R.A. 8239) and its implementing rules regulate when and how the DFA may allow changes in the entries on a passport, generally restricting changes in “name” to specific grounds (marriage, death of spouse, annulment, etc.).
However, for married women, the Supreme Court clarified:
- A married woman’s “name” does not legally change upon marriage.
- Choosing to use the husband’s surname is merely a change in usage or style, not a formal change of legal name.
- Thus, allowing her to use her maiden surname in a passport is not an unlawful or irregular “name change.”
III. What Surname Can a Married Woman Use in a Philippine Passport?
Broadly, a married woman has two main paths in her passport:
- Use her maiden surname (and keep it even after marriage), or
- Use her husband’s surname, in a form consistent with the Family Code and DFA rules.
A. Using the Maiden Surname
A married woman may:
- Apply for her first-ever passport using her maiden surname, even if she is already married.
- Renew an existing passport and continue using her maiden surname.
- Revert to her maiden surname in a new passport, even if she previously used her husband’s surname in an older passport, based on the Remo ruling.
That means:
- If your current passport shows your husband’s surname, you may request a new passport showing your maiden surname (subject to DFA’s documentary requirements).
- Your marriage certificate does not compel you to use your husband’s surname.
B. Using the Husband’s Surname
If the married woman chooses to adopt her husband’s surname, she can reflect it in the passport in line with Article 370 and DFA formatting rules.
In practice, the DFA passport system typically allows:
Maiden first name + husband’s surname
Example: Ana Reyes Santos marries Luis Dela Cruz. Passport name could be:
- Surname: DELA CRUZ
- Given names (including middle): ANA REYES
Hyphenated or combined maiden and husband’s surname, where allowed by DFA practice
- Example: Ana Reyes Santos-Dela Cruz
- This is a modern adaptation of the “maiden surname and add husband’s surname” option.
Using “Mrs. [Husband’s Full Name]” is usually not how passports are formatted, because passports generally carry the holder’s own name, not a courtesy title. That form appears more in social or traditional usage, not in machine-readable travel documents.
IV. Middle Names, Maiden Names, and Surnames: How They Work Together
Philippine naming conventions can be confusing, especially in passports. Quick recap:
- Middle name: Usually the mother’s maiden surname.
- Surname: The father’s surname (for most legitimate children), which becomes the maiden surname of a daughter when she grows up.
Before Marriage (Example)
Name: Ana Reyes Santos
- Given name: Ana
- Middle name: Reyes (mother’s maiden surname)
- Surname: Santos (father’s surname)
After Marriage – If She Adopts Husband’s Surname
Suppose she marries Luis Dela Cruz and chooses to use his surname:
- Her surname becomes: Dela Cruz
- Her middle name becomes: Santos (her maiden surname, from her father)
- The original middle name “Reyes” usually drops out of the standard three-part name.
So the passport may show:
- Surname: DELA CRUZ
- Given names: ANA SANTOS
After Marriage – If She Keeps Maiden Surname
If she keeps her maiden surname in the passport:
- Her full name remains: Ana Reyes Santos
- She is still legally married; only her name usage in records remains the same.
V. Practical Scenarios for Philippine Passport Applications
1. First-Time Passport Applicant Who Is Already Married
If a woman is already married but applying for her first Philippine passport, she may choose:
- To use her maiden surname, or
- To use her husband’s surname (in a form acceptable to DFA).
Usually required documents include (for surname issues):
- Philippine Statistics Authority (PSA) birth certificate
- PSA marriage certificate (if she opts to use the husband’s surname)
- Government-issued IDs supporting the chosen name usage
If she chooses to keep her maiden surname, the marriage certificate may still be required for DFA’s verification, but it does not force the surname change.
2. Renewal of Passport in Maiden Name
A woman whose passport already uses her maiden surname can:
- Renew using the same maiden surname, regardless of her marital status.
- She does not need to change anything simply because she got married during the validity of that passport.
3. Renewal of Passport Using Husband’s Surname
If she previously chose her husband’s surname and wishes to continue using it, she generally renews the passport under the same surname, presenting the usual documents (including marriage certificate for consistency).
4. Switching Back to Maiden Surname While Still Married
Thanks to Remo, a married woman who:
- Once adopted her husband’s surname in her passport, but
- Now wants to revert to her maiden surname,
may apply for renewal with her maiden surname. She may need to:
- Present her PSA birth certificate,
- PSA marriage certificate, and
- Possibly an explanation or declaration that she elects to use her maiden surname in accordance with law and the Supreme Court decision.
The existence of a valid marriage is not an obstacle to using the maiden surname.
VI. Surname Rules After Death, Annulment, Nullity, or Divorce
1. Widowhood
When a woman’s husband dies:
- She may keep using his surname, if she has adopted it and wants to continue.
- She may return to her maiden surname in her passport.
For a reversion to maiden name, the DFA usually requires:
- PSA death certificate of the husband,
- PSA marriage certificate, and
- Government IDs and other supporting documents.
2. Annulment or Declaration of Nullity of Marriage
Where a Filipino court has annulled the marriage or declared it void, the woman may:
- Continue using the husband’s surname (if she so desires and the annulment decree allows it), or
- Revert to her maiden surname.
In practice, to revert in the passport, she would present:
- The final court decision and entry of judgment (annulment/nullity),
- The annotated marriage certificate showing the annulment/nullity, and
- Her birth certificate and IDs.
3. Divorce (Especially Involving Foreign Spouses)
The Philippines does not generally allow divorce between two Filipino citizens, but:
- If a Filipino is married to a foreigner, and the foreign spouse obtains a valid divorce abroad that dissolves the marriage, the Filipino spouse may be entitled to remarry under Philippine law once that divorce is judicially recognized by a Philippine court.
For passport purposes:
To revert to maiden surname based on a foreign divorce, the woman generally needs:
- Philippine court decision recognizing the foreign divorce,
- Entry of judgment,
- Annotated marriage certificate from the PSA, and
- PSA birth certificate and valid IDs.
Without judicial recognition, the DFA may still treat her as legally married under Philippine law.
VII. Consistency With Other Records and IDs
Even though a married woman is free to choose her surname usage, in practice it’s wise to consider:
Consistency across documents
- Bank accounts, PRC licenses, SSS/GSIS records, PhilHealth, TIN, voter’s ID, driver’s license, etc.
- Discrepancies can cause difficulties in transactions, especially abroad.
Timing of change
- Some women wait until major life events (e.g., new job, migration, new passport) before updating name usage to limit paperwork.
Professional identity
- Professionals (lawyers, doctors, academics, artists) sometimes maintain their maiden surname in passports and official documents to preserve brand/identity.
Remember: the law gives flexibility, but administrative agencies and foreign institutions may ask for more documents when names differ.
VIII. Travel with Children and Husband: Do Surnames Need to Match?
A common worry: “Will immigration stop me if my surname is different from my children’s or my husband’s?”
Key points:
Philippine law does not require a mother’s surname to match her children’s or her husband’s surname.
Immigration and foreign border officers primarily care about:
- Valid passports;
- Visas (where required);
- Proof of relationship or parental authority, especially when a minor travels with only one parent.
If the mother uses her maiden surname and the children use the father’s surname, it is prudent to carry:
- Original or certified copies of the children’s birth certificates (showing her as the mother);
- Marriage certificate (optional but helpful in some countries);
- Required travel clearances (e.g., for minors leaving the Philippines without one parent, an affidavit of consent or DSWD clearance, depending on the situation).
The difference in surnames is not illegal; it just sometimes requires more documentation to avoid delays or suspicion of child abduction/trafficking.
IX. Practical Tips for Choosing and Using a Surname in a Philippine Passport
Decide Early and Strategically
- Think long-term: Do you expect to work abroad, publish professionally, or maintain licenses?
- If you strongly value continuity and simplicity, keeping your maiden surname might be more practical.
If You Change, Try to Change Everything Important at Once
- Passport, government IDs, bank accounts, professional registrations.
- This reduces mismatches and explanations later.
Understand That You Can Revert
- Even if you once used your husband’s surname, you may switch back to your maiden surname in your passport, based on Remo.
- However, every change means more documents and possibly more questions from agencies and foreign officials.
Think About Digital Records and Immigration Systems
- Frequent name variations can trigger extra checks.
- Using one stable form over time simplifies travel and cross-checking with databases.
Keep a File of Name-Related Documents
Always keep organized copies of:
- Birth certificate
- Marriage certificate
- Death certificate of spouse (if applicable)
- Court decisions (annulment, nullity, recognition of foreign divorce)
These are crucial whenever you need to justify your chosen surname.
X. Summary
In the Philippine context, when a married woman applies for or renews a Philippine passport:
She remains legally the same person with the same maiden surname after marriage.
She may choose to:
- Keep her maiden surname in her passport, or
- Use her husband’s surname in a lawful form (e.g., maiden first name + husband’s surname, possibly with a hyphenated maiden surname, subject to DFA formatting), and
- Revert to her maiden surname later, even if the marriage is still in force, as recognized by the Supreme Court in Remo.
Marriage, widowhood, annulment, nullity, and recognized foreign divorce all affect how easy or difficult it is to adjust surname usage in the passport, but the fundamental principle remains:
A married woman in the Philippines is not required by law to change her surname, and her passport should reflect her legitimate choice of surname under the Family Code and relevant jurisprudence.
For specific situations (especially involving foreign marriages, foreign divorces, or complex name histories), it is wise to consult:
- The nearest DFA Consular Office or Philippine Embassy/Consulate, and/or
- A Philippine lawyer specializing in family and civil status law.