Use of Husband’s Surname: Option, not a Duty.

This article talks about the option of a wife to use her husband’s surname.

In Philippine society, it is customary for women to adopt their husband’s surname upon marriage. However, this is not required by law.

Legal Basis

Under Art. 370 of the Civil Code, a married woman may use:

1. Her maiden first name and surname and add her husband’s surname (e.g. Maria Santos-Dela Cruz), or
2. Her maiden first name and her husband’s surname (e.g. Maria Dela Cruz), or
3. Her husband’s full name but prefixing a word indicating that she is his wife, such as ‘Mrs.’ (e.g. Mrs. Juan Dela Cruz).

The key word here is “may“, which indicates that the options listed above are permissive, not mandatory. A woman can also choose to continue using her full maiden name even after marriage.

Case Application

In the case of Remo vs. Secretary of Foreign Affairs (G.R. No. 169202, 05 March 2010), the Supreme Court held:

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“…a married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided by Article 370 of the Civil Code. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status.”  [Emphasis and underscoring supplied.]

Clearly, a married woman has an option to use the surname of her husband in any of the ways provided by law, or she can choose to keep her maiden name after marriage.

However, as noted in Remo, a woman who used her husband’s surname in her passport could not switch back to her maiden name under R.A. No. 8239 or the Philippine Passport Act of 1996, UNLESS:

1. The husband passed away;
2. There was a divorce or annulment;
3. The marriage was declared null; or
4. A foreign divorce was judicially recognized.

In Remo, since the marriage of petitioner to her husband was still valid, her request to revert to her maiden name on her replacement passport was denied.

New Philippine Passport Act

With the passage of Republic Act No. 11983, or the New Philippine Passport Act, R.A. No. 8239 has been repealed.

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Under the new law, a married woman who renews her passport may now voluntarily revert to her maiden name once.

In an advisory dated 21 March 2025, the Department of Foreign Affairs – Office of Consular Affairs outlined the requirements for a married woman who wishes to revert to her maiden name in her passport:

1. An original and photocopy of a PSA-issued Certificate of Live Birth or PSA Report of Birth;
2. An original and photocopy of a PSA-issued Certificate of Marriage or PSA Report of Marriage;
3. Notarized Affidavit of Explanation that includes a request for the reversion of maiden name in the Philippine passport or travel document and stating that the applicant has not hitherto availed of the reversion;
4. Latest-issued Philippine passport or travel document; and
5. Any valid and existing Government-issued ID accepted for passport application, reflecting the maiden name of the passport applicant.

A married woman may also revert to her maiden name in her passport application due to annulment, declaration of nullity of marriage, legal separation, judicially recognized foreign divorce, or death of a husband.

Conclusion

Philippine law and jurisprudence are clear – the use of husband’s surname is an option, NOT a duty, for a woman. Whether she decides to adopt her husband’s surname, hyphenate it with her maiden name, or retain her maiden name entirely, the decision is hers alone.

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Under the New Philippine Passport Act, a married woman may now voluntarily revert to her maiden name in her passport (only once), provided she submits all the necessary requirements for this application.

About Nicolas and De Vega Law Offices

If you have any questions or concerns regarding family law-related issues, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.